Human Rights Politics and Injustice: Transitional Justice in Argentina and South Africa

Transitional justice is about the recovery of the rule of lawand justice after mass violence. In the recent history of Argentinaand South Africa, human rights politics have played an importantrole in the transition from repression to democracy as a discourseof resistance to state repression and as a framework and methodologyfor the successor state to manage demands for justice and promotereconciliation. Post-transition, they have provided a standardfor the accountability of state institutions and evaluationof the democratic government's performance. In this article,we explore the roles of victims, survivors and relatives inthe expansion of human rights politics. We argue that victimsrepresent their suffering as embodied injustice and make theirvictim identity the focus of efforts to recover a moral contractbetween state and citizens. The expansion of human rights politicsto include social and economic rights is an expression of thelimits of transitional justice in recovering full citizenshipin the context of the neo-liberal democratic project in Argentinaand South Africa.     

Politicization as a strategy for recognition and enforcement of human rights in Kenya

Drawing from recent advocacy efforts on the right to education in Kenya, this article argues that linking human rights to local political struggles is a useful way of ensuring their realization. Human rights are legal and moral but their realization is a political project. The form that this project takes will differ from context to context. While paying due regard to the remarkable contribution of international human rights regimes and transnational advocacy of the last fifty years in providing the world with a powerful legal and moral vocabulary of rights, this article suggests that this vocabulary risks losing its edge unless those working in the field of human rights recognize the necessity of local politics. The article examines the activities of the Kenyan human rights movement and its strategic linking of access to basic education with repression of political freedoms. I would like to thank participants at the May 9–10, 2003 “Rights in Africa” conference at North-wester University, Illinois, for their comments on an earlier draft of this paper.     

Violence,Nonviolence, and the Effects of International Human Rights Law

Under what conditions are individuals more likely to approve of human rights abuses by their governments? While various theoretical expectations have been offered about public approval of repression, many of them have not been directly tested. We analyze the effects of differing opposition tactics, differing government tactics, and legal constraints on approval of repression through a series of survey experiments in India, Israel, and Argentina. Our results indicate that violent action by opposition groups consistently increases support for government repression. In the context of contentious politics, we find that the effects of international law vary by national context. While our respondents in India were less likely to approve of their government when told the government violated international law, the same information likely increased approval of the government in our Israel experiment. The findings provide insights into the microfoundations of existing theories and suggest areas for theory refinement.     

Recovering from statelessness: Resettled Bhutanese-Nepali and Karen refugees reflect on the lack of legal nationality

The very notion of international human rights relies on state governments to serve as the legal “duty bearers” for protecting rights, yet governments are often responsible for creating the conditions that necessitate mass displacement. For some refugees, the lack of legal nationality creates an added dimension of vulnerability that exacerbates suffering. In order to illustrate the human rights challenges inherent to statelessness, this article focuses on the lived experiences of 30 formerly stateless refugees who have been resettled to the United States. Qualitative research interviews with 15 Bhutanese-Nepalis and 15 members of the Karen ethnic minority (from Burma and Thailand), all currently resettled in the United States, provide insights into the everyday realities of stateless individuals. In both cases, statelessness represented a human rights violation in itself as well as a contributing factor for further abuses related to recognition and membership, denied education, and serious impediments to employment and livelihoods.     

政治正义视角下的社会主义新农村建设

社会主义新农村建设作为我国现代化进程中的战略任务,是我国政府的一项重要使命。它的宗旨、任务和目标,都体现了政治正义的价值诉求。政治正义也对推进这一伟大事业提出了具体的实施要求,主要包括:加大公共财政支持"三农"的力度、重视涉及"三农"的制度改革与创新、维护和增进农民的合法权益。     

Bureaucratic Responsiveness to LGBT Americans

Marriage rights were extended to same-sex couples in the United States in 2015. However, anecdotes of bureaucratic noncompliance (in the form of bias or denial of license issuance) raise the possibility that de jure marriage equality has not led to equality in practice. We investigate this by conducting a nationwide audit experiment of local-level marriage license–granting officials in the United States. These officials vary in the constituencies they serve, as well as how they are selected, allowing us to evaluate long-standing hypotheses about bureaucratic responsiveness. Overall, we find no evidence of systematic discrimination against same-sex couples—regardless of responsiveness measure, institutions, ideology, or prior state legal history. We find, however, that among same-sex couples, officials tended to be more responsive to lesbian couples. In contrast to evidence in other areas of service provision, such as policing and federal assistance programs, we find bureaucrats tasked with provision of marriage services show little evidence of discrimination.     

Reshaping Civil Society through a Truth Commission: Human Rights in Morocco's Process of Political Reform

¹Observers of Moroccan politics have debated extensively thesignificance of the country's ‘top-down’ liberalization.At this point, there is no definitive verdict on palace-guidedreforms, such as the recent Equity and Reconciliation Commission(IER). Rather, these reforms have left an ambiguous legacy.This article uses the IER – a truth commission establishedin 2004 to examine past human rights abuses, compensate victimsand ensure nonrepetition – as an analytical tool to understandhow transitional justice carried out as a strategic measureof top-down liberalization can reshape the relationship betweencivil society and the state. While the monarchy's reform effortsin Morocco have not (as of yet) led to a civil society capableof supporting a stable democratic transition, the article arguesthat these efforts have increased civil society's expectationsof gaining capacity and space to implement ethical goals anddemands. Greater expectations, in turn, have altered how themonarchy must calculate its survival strategy.     

Human Rights Contention in Latin America: A Comparative Study

This paper reports original data on contentious challenges, especially protests, focused on human rights in seven Latin American countries from 1981 to 1995. An analysis reveals that human rights contentious challenges are most prevalent where human rights abuses are worse and authoritarianism is present and in countries that are more urbanized. However, the incidence of such human rights contentious challenges is not related to the number of human rights organizations (HROs) in the country. Results also suggest two different types of human rights contention. National human rights movements, present in Argentina and Guatemala, involved HROs and demanded improvements in the national human rights situation. The other form is ancillary human rights protest, in which human rights challenges are led by a variety of groups, focus on repression particular to the groups involved and are either short-lived or part of a more general wave of opposition. This form of contention was more prevalent in Brazil, Chile, Mexico, Nicaragua, and Venezuela.     

Structural Violence,Socioeconomic Rights,and Transformative Justice

This article provides a critique of the scope of existing models of transitional justice, which focus on legal and quasi-legal remedies for a narrow set of civil and political rights violations. The article highlights the significance of structural violence in producing and reproducing violations of human rights, particularly of socioeconomic rights. There is a need to utilize a different toolkit and a different understanding of human rights from that typically employed in transitional justice in order to remedy structural violations of human rights. Focusing on a case study of land inequalities in postapartheid South Africa, the potential for transformative (rather than transitional) justice in postconflict and postauthoritarian contexts is discussed. The article outlines a definition of transformative justice, relevant actors, and relationships for such an agenda and discusses the kinds of strategies that promise a more transformative approach.     

从法律援助的视角透析欠发达地区群众打官司难问题

法律援助作为国家维护困难群众合法权益、实现社会公平正义的一项法律制度对于保障和改善民生、构建和谐社会具有重要作用。在经济欠发达地区,政府提供的法律援助资源与群众的迫切需求形成了供需矛盾,需要通过强化政府责任、加大财政投入、引导社会援助的参与、提升服务质量等举措加以化解。     

Human Rights as Reputation Builder: Compliance with the Convention Against Torture

A strong record of human rights protections is an important factor for a state to maintain a positive international reputation. In this article, we suggest that states will use compliance with human rights treaties as a mechanism by which to improve their reputations to help achieve their foreign policy goals. We hypothesize that international human rights compliance is a means to improve a state’s reputation in three specific situations: when the state is facing regional pressures as the result of a desire to join a regional organization; when the state is facing regional pressures not to run afoul of a court within a regional organization; or when a state seeks foreign assistance from an entity with human rights requirements for the receipt of such assistance. We examine our theory by analyzing human rights reports regarding state compliance with specific treaty obligations outlined in the Convention Against Torture (CAT). While the evidence for our hypotheses is mixed, we do find some support for our assertion that state compliance is linked to reputational concerns. In particular, states comply with the CAT when they are part of a regional organization that has a human rights court, and when they are receiving conditional aid from the European Union.     

Transitional Justice, Interdisciplinarity and the State of the 'Field' or 'Non-Field'

¹Transitional justice appears to be an established field ofscholarship connected to a field of practice on how to dealwith past human rights abuses in societies in transition. Theoriginal focus of transitional justice discourse was that humanrights law requires accountability in transitions, rooted inthe discipline of law. Over time, this focus has been expandedto include a much broader range of mechanisms, goals and inquiriesacross a range of disciplines. In order to probe the currentstate of the field, this article argues against the currentconception of transitional justice as a praxis-based interdisciplinaryfield. It suggests that there is a hidden politics to how transitionaljustice has been constructed as an interdisciplinary field thatobscures tensions between the range of practices and goals thatit now incorporates.     

Does might make right or fight? Coercive capacity,democracy, and human rights, 1975 to 2010

Democracy is generally beneficial for human rights whereas coercive capacity increases government repression. Using data for 161 countries between 1975 and 2010, I consider how different aspects of democracy interact with the size and scope of a country's military apparatus to shape respect for bodily-integrity rights. Does democracy ameliorate the negative effects of coercive capacity? Or, does a strong military overpower the positive impact of democracy? Multivariate analyses suggest that high levels of democracy neutralize the effect of coercive capacity on bodily-integrity violations. At the same time, high levels of coercive capacity increase human rights abuses even in the most democratic regimes, at least when different aspects of democracy—executive constraints, competitive elections, and media freedom—are evaluated in isolation. Regimes that combine respect for media freedom with constraints on executive authority or competitive elections are able to harness coercive capacity for protective purposes.     

Slackers and Zealots: Civil Service, Policy Discretion, and Bureaucratic Expertise

We investigate how aspects of "civil service" systems of personnel management interact with bureaucratic discretion to create expert bureaucracies populated by policy-motivated agents. We construct a dynamic model in which bureaucrats may invest in (relationship-specific) policy expertise and may or may not be interested in policy choices per se. The legislature makes sequentially rational grants of discretion, which serve as incentives for expertise investment and continued service only for policy-motivated bureaucrats. Bureaucratic policy preferences and the legislature's agency problem vis-à-vis bureaucracies develop endogenously in the model. Bureaucratic expertise can be supported in equilibrium only at a cost of its politicization; "neutral competence" is inconsistent with strategic incentives of bureaucrats. We identify several conditions that support the development of an expert bureaucracy in equilibrium, including security of job tenure and control over policy issues for policy-motivated bureaucrats.     

The Effects of Federal Adoption Incentive Awards for Older Children on Adoptions From U.S. Foster Care

This paper analyzes state responses to the 2003 and 2008 changes in the federal Adoption Incentives program to increase adoptions from the U.S. foster care system. The 2003 change introduced a $4,000 payment to states for every adoption of a child aged 9 and older above a state‐specific baseline. In 2008, the payment was doubled to $8,000. Using a discrete hazard model cast in a difference‐in‐differences framework, I do not find robust evidence that the incentives increased the probability of adoption for older children relative to younger children following the policy changes. I also do not find that the incentives affected the timing of adoption, likelihood of termination of parental rights, or the amounts of adoption assistance for older children relative to younger children. The findings illustrate the incentives are unable to help states overcome many of the challenges associated with achieving adoption for older children.     

Contests of citizenship: A comment

The language of citizenship is one of authority, legitimation and contest. Citizenship rights were brought about in some parts of Europe through struggle and revolution, and even then excluded the masses and women. But the ‘law‐state’ and constitutions they established were the necessary conditions for subsequent struggles by these sectors for inclusion and ultimately for cultural and social citizenship. The advocacy of human rights is frequently denounced as ‘Western’ imposition of an individualism alien to other cultures, but these culturalist defences act as a cover for communitarian and state authoritarianism. The establishment of legal rights does not contradict social bonds, but can ensure reciprocity of obligations and protection from communal authority. This is specially pertinent for women. Social bonds are not peculiar to the ‘East’ or ‘South’, but are universal, including the mythical ‘West’, and legal rights for the individual are a necessary condition for achieving justice in social relations.     

Security Sector Reform and Transitional Justice in Kosovo: Comparing the Kosovo Security Force and Police Reform Processes

Abstract

Transitional justice and security sector reform are critical in post-conflict settings, particularly regarding the reform of judicial systems, intelligence services, police, correctional systems, the military, and addressing systemic massive human rights abuses committed by individuals representing these institutions. Accordingly, the relationship between security sector reform and transitional justice mechanisms, such as vetting, the representation of ethnic minorities in key institutions, the resettlement and reintegration of the former combatants deserve special attention from scholars. This article presents a comparative analysis of the reform of police and security forces in Kosovo, and explores the causes of different outcomes of these two processes.     

The Universal Declaration of Human Rights at Seventy: Rejuvenate or Retire?*

This lecture marks the seventieth anniversary of the Universal Declaration of Human Rights (UDHR) with an analysis of the Declaration's contemporary relevance. It considers whether, in today's turbulent and fractured political environment in which human rights abuses remain widespread, the UDHR still has a role to play. A case is made that the UDHR was, in fact, written precisely for a moment like now. The lecture starts by considering the important legal impact of the UDHR, whilst acknowledging that the legal enforcement of human rights sometimes overshadows the emotions of care and empathy that lie at the heart of both the Declaration and the whole concept of human rights. It then emphasises the significant role the UDHR has played in giving individuals a voice to hold states accountable. Finally, it explores the UDHR's ethical and inspirational vision that helped to create a baseline of norms and standards aimed at promoting diversity, mutual respect and peace. For all these reasons, the UDHR most certainly needs to be rejuvenated rather than retired.     

The Principle of Generic Consistency as the Supreme Principle of Human Rights

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways consistent with the PGC, or deny that human beings are equal in dignity and rights (which idea defines human rights) or that they are agents (and hence subject to any rules at all). Implications for the interpretation of the international legal system of human rights inspired by the Universal Declaration of Human Rights 1948 are sketched.     

‘No Interest in Land': Legal and Spatial Enclosure of Gypsy-Travellers in Britain

This paper examines the place of Gypsy-Travellers within the British legal system. It considers the function of the law in establishing moral and social norms and pathologising aspects of Traveller life. It examines how a variety of legal principles, discourses and bureaucratic agencies combine to construct travellers as deviant with regard to the moral and social order. It considers the attempts in British law to control Travellers' spatial practices and nomadic lifestyle, and the ambivalent nature of legislation in this area. The Caravan Sites Act 1968 is examined in terms of its formation and implementation. The origin and impact of the Criminal Justice and Public Order Act 1994 are assessed. It contends that the criminal justice system has its own rationality which may conflict with both that of the formal law and other parts of the state. It is argued that institutional discrimination exists within the legal system, based on ingrained ‘sedentarist' assumptions about what constitutes a normal way of life. Both the 1968 and the 1994 Acts can be criticised in these terms. Travellers have, however, been able to resist many of the practices of legal and spatial enclosure to which they are subject.