Framing the Ghanaian LGBT rights debate: competing decolonisation and human rights frames

This paper investigates how lesbian, gay, bisexual, and transgender (LGBT) rights movements in Ghana, both anti and pro, framed the debate that captured media attention in 2006 and 2011. Decolonisation and human rights frames were appropriated, challenged, and dominated by opponents of LGBT rights, making it difficult for LGBT activists to use them. The opponents' corruption frame overpowered the LGBT activists' preservation frame. When LGBT activists used a human rights frame (comparing sexual minorities to racial minorities and to persons with disabilities), the countermovement appropriated it in a way that excluded same-sex relations by comparing sexual minorities to “deviants”, persons with mental illnesses, and animals. The interaction between the decolonisation and human rights frames was also problematic: the corruption frame not only rendered the LGBT activists' preservation frame nearly useless, but it also made their use of the human rights frame appear to be cultural imperialism and problematised the help they received from international LGBT organisations.     

Human rights and Nubian mobilisation in Egypt: towards recognition of indigeneity

How are global human rights localised in authoritarian societies? How and what human rights discourses are mobilised by indigenous peoples to further their demands? Building upon original fieldwork among Nubian activists in Egypt, this article explores the complexities regarding human rights framing through a discussion of recognition of Nubian indigeneity. The article finds that the history and political experience of Egypt’s Nubians bring about diverging opinions and also limitations as to how, and what, human rights frameworks rights claimants and their supporters are to employ. It argues that Egyptian nationalism not only affects how Nubian activists mobilise in general, but also helps explain the very limited appeals to a global discourse of human rights.     

The politics of recognition of Crimean Tatar collective rights in the post-Soviet period: With special attention to the Russian annexation of Crimea

This paper examines the process of how Crimean Tatars strived to attain group-differentiated rights since they have returned to their homeland in the early 1990s. Whereas the politics of minority rights were viewed through security lens in earlier literature, we emphasize the significance of cultural constructs in influencing the minority policies, based on qualitative content analysis of “speech acts” of elites, and movement and policy documents. Focusing on the interaction of the framing processes of Crimean Tatars with the Crimean regional government, Ukraine, and Russia, we argue that the “neo-Stalinist frame” has played a major role in denying the rights of Crimean Tatars for self-determination and preservation of their ethnic identity in both pre and post annexation Crimea. The Crimean Tatars counter-framed against neo-Stalinist frame both in the pre and post-annexation period by demanding their rights as “indigenous people”. Ukraine experienced a frame transformation after the Euromaidan protests, by shifting from a neo-Stalinist frame into a “multiculturalist frame”, which became evident in recognition of the Crimean Tatar status as indigenous people of Crimea.     

Diversity recognition and minority representation in Central and Southeast Europe: a comparative analysis

The need to handle ethnocultural diversity and the external pressures of Euro-Atlantic integration have led to the development of complex minority rights regimes in Central and Southeast European states. The aim of this paper is to perform a comparative analysis of the political representation dimension of these regimes, and to investigate how the regulations in this domain are related to the more general attitude of states toward diversity recognition and registration. For this purpose, we classify the states according to a series of variables concerning the manner in which ethnocultural diversity is recognized and portrayed, as well as the regulations concerning the representation of minorities, and identify patterns of their incidence. The formal-legal analysis of the constitutions, minority protection laws and of the electoral legislation of the included countries reveals a clear connection between the general attitude of the state toward diversity and the incidence of autonomies, and a less unequivocal, yet strong relationship in the case of minority representation in the national polity.     

The quest for legitimacy in independent Kosovo: the unfulfilled promise of diversity and minority rights

When Kosovo declared its independence in 2008, it did so not as a nation-state, but as a “state of communities,” self-defining as multiethnic, diverse, and committed to extensive rights for minorities. In this paper, this choice is understood as a response to a dual legitimation problem. Kosovo experienced both an external legitimation challenge, regarding its contested statehood internationally, and an internal one, vis-à-vis its Serb minority. The focus on diversity and minority rights was expected to confer legitimacy on the state both externally and internally. International state-builders and the domestic political elite in post-conflict Kosovo both pursued this strategy. However, it inadvertently created an additional internal legitimation challenge, this time from within Kosovo’s majority Albanian population. This dynamic is illustrated by the opposition movement “Lëvizja Vetëvendosje” (Self-Determination Movement), which rejects the framing of Kosovo as first and foremost a multiethnic state. The movement’s counter-narrative represents an additional internal legitimation challenge to the new state. This paper thus finds that internationally endorsed “diversity management” through minority rights did not deliver as a panacea for the legitimacy dilemmas of the post-conflict polity. On the contrary, the “state of communities” continues to be contested by both majority and minority groups in Kosovo.     

Law,democracy and the fulfilment of socioeconomic rights: insights from Indonesia

In recent years a debate has emerged about the conditions under which justiciable legal frameworks facilitate the fulfilment of socioeconomic rights. This debate has pitted institutionalist perspectives that emphasise the progressive potential of democratisation against structuralist perspectives that emphasise the constraints imposed by relationships of power and interest. This paper considers the debate in light of Indonesia’s recent experience. It suggests that we need to examine how institutional and structural factors interact within particular contexts to shape socioeconomic rights fulfilment, not examine these factors in isolation. It also considers the strategic implications of this argument for rights proponents.     

Child marriage,human rights and international norms: the case of legislative reform in Trinidad and Tobago

Abstract

The United Nations Convention on the Rights of the Child entered into force in 1990. It condemns child marriage, violence and discrimination against children and enjoins tutelage for their education and health. Implementing such principles in national legislation sometimes conflicts with local norms relating to respect for cultural and religious traditions. This was the case of Trinidad and Tobago, a multicultural and multi-religious society that legally sanctioned child marriage until 2017. The paper makes two unique contributions to the literature. First, using the literature on child marriage and the obligations under international conventions, the paper creates a child marriage conceptual framework with the main normative positions on child marriage. Second, using the framework, it explores the normative motivations underlying the domestic legal reform debates held in parliament between 2015–2017. The paper uses the conceptual framework to explain the transformations in the traditional positions of local religious and ethnic groups, provides evidence of norm penetration from the international to a local multicultural setting and furthers the literature on international human rights norm penetration and contestation.     

The ugly face of the state: Nigerian security forces,human rights and the search for Boko Haram

ABSTRACT

This paper argues that the aggressive and gratuitously violent insurgency in northeastern Nigeria – Boko Haram – is the entirely understandable consequence of more than a half-century of misrule by what I call the parasitic and predatory Nigerian political class. Evidence of widespread human rights abuses including extortion, rape and theft comes from investigations by various international human rights organizations, international non-governmental organizations, church groups, press reports and interviews. I focus primarily on incidents and practices in the northeast but examples are adduced from other parts of the country as well. I discuss the policy of coercion and brutality embedded in the very nature of the colonial and post-colonial state using Crawford Young’s concept of bula matari (the state as rock crusher).     

Achieving zero hunger: implementing a human rights approach to food security in Ethiopia

A human rights approach to food security seeks to empower vulnerable groups to claim their rights. It also reinforces a government’s obligations to respect, protect and fulfil the right to food. Furthermore, it encourages the integration of the right to food into the design and implementation of food security policies. This article examines the human rights approach to food security, with specific reference to Ethiopia. It assesses the historical causes of Ethiopia’s food insecurity, and examines the legislative and policy measures that the country has adopted over the last three decades in order to achieve food security. Food insecurity in the country is largely explained by the absence of government accountability. In 1973 and 1984, the hunger caused by drought was transitioned to famine not because of overall unavailability of food in the country, but because the government failed to provide food aid to the starved people and concealed the occurrence of famines from the international donors. Despite designing some food security policies over the last three decades, the country has not yet adopted sufficient legislative and judicial measures to enforce the right to food. This article argues that Ethiopia should introduce a framework law on the right to food to end hunger in the context of achieving national food security.     

Opening the black box: an analysis of the Russian economy

The article develops a simple framework for a discussion of the structure of property rights in the Russian economy. The framework suggests how barter and enterprise restructuring can be evaluated simultaneously with political motivation. Using the notion of politicians with inefficient control over the private sector, it also assesses the recent virtual economy hypothesis. It emphasizes the importance of incentives that were carried over from the Soviet era, which, it is suggested, must be duly considered while analyzing parametric changes in the Russian economy. This point is supported with the help of two examples at the end of the paper.     

Back to Basics: Human Rights and Power Politics in the New Moral Realism

The end of the Cold War offered unprecedented opportunities for human rights diplomacy, but was also the triumphant moment of neoliberal globalism. For four decades the realist suppression of idealism had been justified in terms of Cold War exigencies. Now, once again, liberal basics were expelled in the name of a specious realism. Less doctrinaire realists, however, are starting to integrate human rights and power politics in accord with Joseph Nye's concept of soft power. To sacrifice this moral realism on the altar of neoliberalism would be, in soft power terms, to lose the world by conquering it.     

Impediments to the implementation of voluntary codes of conduct in production factories of the Global South: so much to do,so little done

A common consequence of the fragmented supply practices of multinational corporations are unfair and exploitative working conditions in the global South. Many corporations face this, and the resulting reputational damage, by installing voluntary codes of conduct in their supplier factories, leading to a vast range of implementation practices by the factory managers. Despite this effort, the literature shows that the positive impact of these codes on labour conditions in such factories remains insufficient. This article argues that this insufficiency is rooted in the exclusiveness and eurocentrism of codes of conduct and elaborates on why corporations tend to prefer influencing certain labour conditions over others. It concludes by briefly discussing multi-stakeholder organisations as a possible solution to these predicaments, and points the way to further research on the topic.     

From a follower to a trendsetter: Hungary's post-Cold War identity and the West

The article attempts to make sense of recent developments in Hungary's relationship with the EU and the US by explicating the logic behind the formation of its post-Cold War identity. The article's central theoretical argument derives from social identity theory (SIT) in social psychology which argues that social groups strive for positive distinctiveness and provides concrete hypotheses concerning the identity management strategies that groups use to enhance their relative position. Extrapolating the identity management techniques predicted by SIT to international politics, I suggest that states may enhance their relative standing by imitating more advanced states (strategy of social mobility), trying to displace the higher-ranked state (strategy of social competition), or finding a new arena in which to be superior (strategy of social creativity). The article argues that Orban's government post-2010 steps in domestic and foreign policy can be conceptualized as attempts to redefine Hungary's identity by moving away from the strategy of social mobility pursued since the end of communism towards the strategy of social creativity.     

Implementing the human right to water and sanitation: a study of global and local discourses

This article explores global and local discourses on how to implement the newly recognised human right to water and sanitation (HRtWS). We analyse the potential limitations of the human rights frame in the context of critiques that human rights are a liberal, Western discourse that does not reflect the lived experiences of non-Western countries. Through two case studies we find that there are two discourses emerging on how to implement the HRtWS. At the global level, as seen in the work of the UN Special Rapporteur on the HRtWS, we find a hegemonic discourse that is state-centric and market-friendly. In Bolivia, a country currently implementing a human rights-based approach to water services, we find a counter-hegemonic discourse on implementation. We argue that the hegemonic discourse is incomplete and does not fully address barriers to fulfilment of the right, such as state corruption and the needs of peri-urban residents.     

All Paths Lead to Rain: Explaining why Watershed Development in India Does Not Alleviate the Experience of Water Scarcity

Abstract

Watershed development (WSD) projects in India are key to meeting a range of human development goals in rain-fed agrarian landscapes. However, outcomes are often observed to be partial and short-lived. We offer a novel perspective on the reasons. Our analysis shows that the dominant ‘water narratives’ of WSD policy and practice and the lived experience of local people contribute to a naturalisation of water scarcity, resulting in widespread views that WSD is primarily a means for increasing irrigation water supply. We show how this over-simplifies the complex problem of agricultural water use and perversely contributes to a continuing experience of water scarcity rather than its resolution.     

Remembering the repression of the Stalin era in Russia: on the non-transmission of family memory

Research into some 30 families has revealed blank spaces in the history of many of these families, most of which date from the Stalin period. My thesis is that the internal policy of the Soviet state, with its repression and stigmatization of victims and their families, contributed to making certain pages of Soviet history disappear from family memories, or be reinterpreted within these memories. The policies of physical and symbolic stratification of the new “communist” society and stigmatization of broad social groups tended to create a gap between the social outcasts and their families. Families were impelled to “purge” their past and to eliminate the elements that could make them discreditable: to change names, surnames, and fathers’ names, to destroy the documents and photographs containing information about repressed people and to forget relatives lost from sight in the political turmoil. With the disappearance of eyewitnesses, firsthand memories that had not been transmitted to subsequent generations fell out of family history. These memory omissions result in these pages of family history being entirely wiped out, or lead to fragmented and impersonal memories.     

A dialogic approach to understanding regime conflicts: the case of the development agenda

Despite the fact that early work on international regimes conceptualised them as dialogic in nature, this fundamental regime property has remained relatively underdeveloped. Drawing on the work of Mikhail Bakhtin and his circle, this article proposes a dialogic framework for understanding regimes and the political struggles that constitute them. Focusing on the contextual and relational properties of signification processes within a regime, one of the key arguments is that neither their dialogic nature nor the trajectory and outcome of a particular conflict can be understood without giving full attention to language as a power-laden form of action. By focusing on how language and discourse are implicated and put to work in a particular instance of regime contestation, namely the Development Agenda proposed by a group of developing countries’ representatives at the World Intellectual Property Organization in 2004, efforts are made not only to bring to the fore the political and ideological nature of the ‘shared understandings’ without which a regime would not exist, but also the manner in which they are reproduced and reinvigorated, even by acts that set out to challenge them.     

The right to food in the context of large-scale land investment in Ethiopia

Abstract

Since the global food crises of 2007, smallholder farmers, pastoralists, indigenous peoples and other rural groups in many developing countries have seen their access to land, water and forest resources being threatened and reduced due to the acquisition of those resources by other actors – acquisitions that may have been promoted by state policies. Taking up the case of Ethiopia, this article aims to explore the implications of large-scale agricultural investments for local food security and the right to food. The article argues that in the context of the recent and ongoing large-scale agricultural investments driven primarily by the state, the interpretation and realisation of the right to food becomes a politically contested issue and that such investments run counter to implementing the state’s obligation to protect local people’s access to and procurement of adequate food. It argues that the large-scale agricultural investments both condition and pervert the realisation of food security.     

Countering piracy through private security in the Horn of Africa: prospects and pitfalls

Employing secondary research and semi-structured interviews, this article examines the use of private maritime security companies (PMSC) in providing maritime security services in the Horn of Africa. It consists of four parts. The first part explains the origins and development of the use of PMSC in the Horn of Africa. The second section discusses the regulation of the private security industry, paying particular attention to the maritime context. Part three examines the challenges associated with the use of maritime PMSC in the Horn of Africa, including negative human rights implications, compromising the innocent passage of commercial ships, and creating confusion in the hierarchical control of ships. Finally, the paper analyses the findings and concludes that PMSC, despite their apparent short-term effectiveness, cannot be regarded as a long-term solution to the piracy phenomenon in the Horn of Africa.