Occupancy rights: life planners and the Navajos

ABSTRACT

This Comment focuses on the limitations of Stilz’s individualist conception of occupancy rights. Her account of occupancy is critical to her attempt to answer the question of where one holds territorial rights as well as related place-related rights like the right of return. Her account appeals to the geographical location of individual life plans. This Comment argues that this fails to distinguish between Indigenous People who are connected historically and in many other ways to a place and individual Life-Planners: it treats the two as equivalent, which I argue is counter-intuitive. I also argue that Stilz’s occupancy account fails to explain the scope of occupancy rights in a number of cases that she appeals to in her examples, such as the Navajos’ expulsion from the area in which they lived. What she needs, I argue, is a group based conception of occupancy rights, in addition to the idea of individual rights of residency.     

Communicating sociocultural norms and social and religious practices in Iranian death notices

Drawing on a corpus of 100 randomly collected death notices published in an Iranian national newspaper, this study examined generic structures as well as their lexico-grammatical patterning to reveal what communicative functions are articulated by these generic components. Basing our identification of moves on Swales [1990. Genre Analysis: English in Academic and Research Settings. Cambridge: Cambridge University Press], we identified 12 rhetorical moves in the corpus. We illustrated that these recurrent rhetorical moves reflect the Iranian sociocultural norms, as well as social and religious beliefs. Also, the results substantiated [Kress, Gunther, and Theo van Leeuwen. 1996. Reading Images: The Grammar of Visual Design. London: Routledge] multimodality perspective on textual analysis in that they rejected linguistic items as the only meaning-making device and identified colour, position, photo and size, among others, as worthwhile veritable semiotic devices.     

Fortifying the future of human rights with human rights education

Abstract

Those scholars debating the health of the human rights movement completely ignore the role of human rights education, HRE. Whether it is Samuel Moyn and Stephen Hopgood declaring the demise of what they also term the “human rights project”, or Kathryn Sikkink defending it, none explore the effect HRE is having or can have. This article argues that those who neglect to recognize the substantial and substantive conversation going on in our institutions of higher education cannot provide a complete picture of the human rights project. It will demonstrate which of the naysayers Moyn and Hopgood's arguments are weakened by ignoring HRE and argue that Sikkink's recommendations for human rights efforts can be strengthened by HRE. Also explored is what HRE should learn from the critiques of these three scholars and how university HRE can be improved.     

Squaring the circle: domestic welfare,migrants rights,and human rights

Domestic welfare reform and the management of international migration in Britain have been described by David Cameron as ‘two sides of the same coin’. Heightened conditions and sanctions for the benefit-dependent domestic population, both in and out of work, are being harnessed as a means of promoting labour market change and reducing demand for low-skilled migrants – often EU workers, whose own access to benefit is being curtailed. Arguments about the post-national expansion of rights and associated cosmopolitan debate implicitly measure migrants rights against a normative model of citizenship as the yardstick of full social inclusion, but with little attention to how far citizenship itself falls short of this promise. Taking Britain as a case study, this paper considers how the concept of civic stratification can further advance analysis of the link between domestic welfare, migration and human rights in a context of intensifying controls for both migrants and citizens.     

Democratization,regional integration,and human rights: the case of the ASEAN intergovernmental commission on human rights

Abstract

In the post‐Cold War era, the Association of Southeast Asian Nations (ASEAN) has attempted to maintain and enhance its institutional status in the Asia‐Pacific by increasing its membership and range of activities. ASEAN has tried to assume significant responsibilities for regional security and economic relations through initiatives like the ASEAN Regional Forum (ARF) and the ASEAN Free Trade Area (AFTA) and by demanding a major role in the Asia‐Pacific Economic Cooperation (APEC) forum. This paper critically evaluates ASEAN's attempts at institutional expansion. It argues that ASEAN lacks the political, economic and military resources necessary to play the dominant role that it envisions for itself within the Asia‐Pacific. Its attempts to increase its diplomatic weight by increasing its membership actually have the potential to undermine ASEAN's unity as well as its standing in the world community. The East Asian economic crisis is largely exacerbating ASEAN's inherent weaknesses. If ASEAN is to remain relevant in the twenty‐first century its members need to modify their expectations of the level of international influence that ASEAN can afford them. They must also use ASEAN to directly address issues of dispute between member states. There is little evidence that ASEAN's members are prepared to reform the organization in this way. Therefore, ASEAN is likely to lose its pre‐eminent regional status to other institutions, and may even fade into irrelevance, in the next century.     

Making citizenship public: identities,practices, and rights at Woodsquat

The common conception of citizenship is that of belonging to a political community, with the ensuing rights and responsibilities of membership. This community tends to be naturalized as the nation-state. However, this location of citizenship needs to be decentred in order to investigate current modes of democratic participation. This paper investigates current sites and practices of citizenship through reflection on a tactical housing squat of an empty department store staged by an urban social movement in Vancouver in 2002, known as ‘Woodsquat’. It uses a social movement perspective to look at citizenship, emphasizing the identities, practices, and locations of democratic engagement over the collective question of how we will live together in these places. From this point of view Woodsquat shows current limits of national citizenship, conceptually and practically, and suggests alternative possibilities for future citizenship practices located in multiple identifications with (political) communities. Moving from this analysis of political participation at Woodsquat attention is brought to the importance of spaces of democratic communication for possibilities of citizenship, where there seems to be a reinforcing relationship between public spheres, social movements, and democracy. Ultimately, then, actions at Woodsquat are argued to be a form of citizenship that emerged within a democratic public.     

Paradoxical bedfellows: Nihilism and human rights

This article identifies and considers the existence of a manifest, though often overlooked, paradox contained within the doctrine of human rights. The principal justifications for human rights are based upon the identification of variously conceived human characteristics, or attributes of human agency. Nevertheless, human rights have all too often been required to protect some human beings from being seriously harmed by other human beings. The justification for human rights envisages a single, universal community of human beings, whereas the actual application of human rights typically testifies to the existence of two, very distinct communities: victims and perpetrators. The single greatest impetus for the drafting of the Universal Declaration of Human Rights was the desire to prevent the re-occurrence of genocide. The modern human rights regime emerged out of mountains of human corpses. One would like to claim that the impetus for human rights became less urgent after the horrors of the Holocaust. Unfortunately, genocide has persisted and gross violations of human rights remain a feature of the geo-political landscape. Our need for protective human rights remains as urgent today as it did fifty years ago. This article accounts for this paradox and answers the question: Why is it that the ultimate justification and application of the doctrine of human rights is frustrated by members of the very species upon which the doctrine is based?     

Claiming rights in exile: women’s insurgent citizenship practices in the Thai-Myanmar borderlands

ABSTRACT

This paper examines insurgent citizenship practices employed by activists in the exiled Burmese women’s movement from the 1990s and onwards. Consisting of political exiles, refugees and ethnic insurgents, this movement has successfully used the transnational, transitory space of the borderlands to constitute its participants as political subjects with legitimate claims to rights, citizenship and leadership. Drawing on interviews, this analysis interrogates women’s activism through the lens of insurgent citizenship practices. Thus, how have Burmese women’s activists claimed rights and lived citizenship in exile? Three main strategies are examined: firstly, women activists have positioned themselves as political actors and authorities through involvement in governance and humanitarian aid delivery in refugee camps. Secondly, they have claimed rights and political subjectivity through engagement with international norms, networks and arenas. Thirdly, they have claimed citizenship and political influence in oppositional nation-making projects through engaging with and negotiating ethno-nationalist armed struggles. The analysis highlights the multifaceted nature of women’s insurgent citizenship practices, showing how they navigate multiple marginalized subject positions, direct their rights claims towards multiple governing authorities, and enact multiple political communities.     

Participation in a residential mobility program from the client's perspective: Findings from Gautreaux Two

Abstract

In 2002, the Gautreaux Two housing mobility program provided low‐income families living in Chicago public housing with the opportunity to move to more affluent, less racially isolated communities. This article presents findings on their complex search and moving process. Only about one‐third of enrolled families actually moved through the program ("leased‐up"). In‐depth interviews with a randomly chosen sample of 71 families and an additional 20 “likely mover” families showed that movers fell into four groups distinguished by personal characteristics that made it easier for them to move or by residence on Chicago's North Side.

Nonmovers faced a variety of obstacles, both external (a tight rental market, discrimination, and bureaucratic delays) and internal (limited experience and program comprehension, large household size, and health problems). Also, some nonmovers were too busy with work or school to engage in what proved to be an onerous process of identifying a suitable unit and moving.     

Global poverty and responsibility: Identifying the duty-bearers of human rights

Many rights theorists argue that global poverty violates certain human rights, so that responsibility to address poverty involves carrying out the duties that correspond with relevant rights-claims. Liberatirians argue that the rights and duties associated with global poverty, especially what are sometimes thought of as “positive” rights, or rights of assistance, are inappropriately agent-neutral, giving them less justificatory force than agent-relative rights and duties. To counter libertarian concerns, Thomas Pogge tries to reframe the responsibilities corresponding to human rights as institutional rather than as belonging to agents. While admirable, his approach inadequately expalains the relationships between institutional responsibility and individual and collective action. A better way to respond to libertarian concerns—that is also compatible with Pogge’s emphasis on institutional responsibility—is to show that the duties regarding global poverty are indeed agent-relative, but by virtue of individual and collective action within institutions.     

浅析人权、主权和球权的关系

人权、主权、球权是当今人类社会最为重要的三项权利。三者中,人权是核心;主权是人权的延伸,目的是为了保护人权;而球权则是人权和主权的让渡,根本目的是为了在全球化时代维护国家主权和保护基本的人权。因此,可以认为人权是目标,主权和球权则是达成这一目标的手段。     

Unequal access to human rights: the categories of noncitizenship

Abstract

International human rights law consists of a body of basic rights and principles that States are to enforce with respect to every person within their borders. The unfortunate reality, however, is that many States are incapable of ensuring the rights of everyone, and in some instances simply do not wish to do so. Accordingly, citizenship serves as an acknowledgment by a State that the status holder is entitled to a higher degree of protection. Conversely, noncitizens may enjoy less rights than citizens, and certain categories of noncitizens frequently find themselves outside of the State’s protection entirely. This article outlines many of the rights that international law directs should be enjoyed by every human being, the factors that contribute to unequal enjoyment of these rights, and the categories of noncitizen associated with the mediated allocation of basic human rights.     

Regulating political advertising in the EU and USA: a human rights perspective

Underlying the American model of political campaign communication are the US Constitutional guarantees of free speech, which secure the rights of citizens to support political candidates of their choosing and express that support in various forms, from bumper stickers to television advertising. Courts have at times struck down measures regulating political advertising, including limits on the amounts of such advertising and the amounts of funds which candidates, parties and individuals may spend on election‐related speeches and advertising as infringements of these rights. With few exceptions, in the USA, government may not limit the number of spots a candidate airs in an election. In Europe, international norms concerning free expression and fair elections appear in a number of legal instruments, including, most recently, the UK's Human Rights Act 1998 and the EU's Charter of Fundamental Rights. This paper compares the role and development of American First Amendment doctrines in limiting restrictions on political advertising in the USA with the development of comparable norms of free expression under the European Convention on Human Rights, European Union treaties and legislation and national laws of the member states and accession countries. In particular, this paper addresses the validity and enforceability of European legal limits on number, timing, placement, quantity and content of political advertisements under applicable human rights rules and similar regulations. The paper concludes that (1) a combination of European legal instruments, including the European Convention on Human Rights, the European Community Treaty, the European Community's ‘Television Without Frontiers’ Directives and the Council of Europe's Convention on Transfrontier Television offer protections of a kind and type which broadly track the protections of the USA's First Amendment; that (2) it seems that governmental justifications for restricting these freedoms are more readily accepted in Europe than they might be in courts in the USA; and that (3) certain restrictions on political advertising identified in previous studies as existing throughout Europe will face increased judicial scrutiny and some of them are probably illegal under European Human Rights principles. Copyright © 2004 Henry Stewart Publications     

Revealing and concealing: Islamist discourse on human rights

Historically as well as contemporarily, the relationship between religion and democratic pluralism in the Muslim world has been problematic. In the Muslim world, both governments and popular movements are using religious documents (the Qur'an and the hadith) to inspire political and social change. In the process, the fusion of religion and politics that characterizes revivalist Islam has impeded the development of both democracy and religious pluralism. An area of particular concern has been the reluctance of Muslim countries to implement international standards of human rights as defined in the United Nation's Universal Declaration of Human Rights (UDHR). Since the adoption of the UDHR in 1948, there has been disagreement in the Muslim world about the relevance of this document for Islamic countries. The reactions have ranged from an angry rejection of human rights as destructive to Islam to claims that Islamic law guarantees the same rights as those embodied in the United Nation's documents. The two most influential international Islamic statements on Human Rights (the Universal Islamic Declaration on Human Rights and the Cairo Declaration on Human Rights) attempt to reconcile Islamic law and modern norms of human rights. These documents claim that human rights are an inherent part of Islam. Such arguments are cause for concern because since the adoption of the Universal Declaration of Human Rights in 1948, documents proposing regional alternatives to international law almost always entail the weakening of international standards. The incorporation of the Cairo Declaration into the UN corpus means that what were once informal, regional obstacles to implementing the protections guaranteed by the UDHR have become formal, regional norms that legitimate Islamist restrictions on rights.