Victims’ Rights and Distributive Justice: In Search of Actors

The aim of this article is to discuss the role that victim groups and organizations may have in framing and supporting an accountability agenda, as well as their potential for endorsing a distributive justice agenda. The article explores two empirical cases where victims' rights have been introduced and applied by victim organizations to promote accountability—Colombia and Peru. It will be argued that if transitional justice in general and victim reparations in particular are to embark in a quest for distributive justice, it cannot do so without considering victims as political actors, and putting forward demands in terms of victims’ rights.     

What Role for Human Rights in Business?

The Guiding Principles on Business and Human Rights (UNGPs) were endorsed by the United Nations Human Rights Council in June 2011, following the six‐year mandate of the Special Representative to the Secretary General (SRSG) on the issue of human rights and transnational corporations and other business enterprises. The SRSG developed a framework comprised of three pillars: (1) States have a duty to protect against human rights abuses committed by third parties, including business enterprises; (2) business enterprises have a responsibility to respect human rights; and (3) victims of business‐related human rights abuses need access to effective remedies. In particular, guiding principle (GP) 11 provides that business enterprises should respect human rights, that is, they should avoid infringing on the human rights of others and address adverse human rights impacts with which they are involved. This article considers the implications of the Guiding Principles' framework for business; the continuing role of conventional accountability mechanisms in providing access to remedy for victims under the third pillar of the framework; and developments in ‘hard law', with a particular focus on the approach by the UK, since the introduction of the UNGPs, before turning, briefly, to the future for business and human rights.     

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.     

Why Be Accountable? Exploring Voluntary Accountability of Australian Private Ancillary Funds

The aim of this paper is to consider why Private Ancillary Funds (PAFs), endowed philanthropic foundations with no public reporting requirements, engage in accountability in its various forms. This exploratory, qualitative study reports on perspectives on accountability from 10 semi‐structured interviews with PAF managers and/or trustees from three Australian states. Through the lens of March and Olsen's (2011) logics of action and Karsten's (2015) typology of motivational forms for voluntary accountability, findings show that although logics of appropriateness and consequentiality explain many reasons why PAFs engage in voluntary accountability, some reasons do not fit comfortably within either logic. The findings challenge conceptions embedded in much non‐profit accountability literature that motivations for and purposes of accountability are linked with sustainability and survival. By examining this subset of non‐profit organisations subject to limited regulatory accountability, a clearer understanding of motivations for voluntary accountability is achieved.     

The trouble with frames: Insights from India on the challenge of using collective action frames to persuade state agents

Collective action frames are a key strategy of human rights activists and educators, and central to this strategy is the ability to connect frames to a population's extant beliefs. But two dilemmas plague framing efforts directed at state agents such as police officers, who are seen as potential violators of rights. First, these actors may be less likely than members of the general public to share the beliefs in terms of which human rights workers frame rights; and second, frames by their very nature simplify reality, and fail to take into account factors that constrain state agents' actions. This article explores these issues through a case study of human rights education involving police officers in India. Educators may be able to mitigate such obstacles by basing their framing efforts on research on the specific populations with which they are working, and using frames as only one part of an approach that takes into account the limited ability of frames to encompass all aspects of the situations in which violations occur.     

Narratives of Aging and the Human Rights of Older Persons

Amid intensifying calls for an international convention on the rights of older persons, it is timely and important to examine the different narratives of aging that are informing and shaping debates on the human rights of older persons and to explore their implications. The article examines the dominant and competing narratives of aging emerging from public policy and gerontological studies, most notably, aging as a crisis or burden; aging as pathology; conceptions of successful, productive or active aging; and finally, aging and vulnerability. The implications of each of these narratives are analysed. The article then explores the extent to which these different narratives are taken up or challenged in advocacy for an international convention on the rights of older persons. The aim of the discussion is to make explicit and interrogate the narratives of aging which advocacy for a new convention on the rights of older persons may be perpetuating or challenging.     

What can Post‐Democracy tell us about TNCs and Extraterritorial Violations of Human Rights?

This article considers the problem of extraterritorial human rights violations committed by transnational corporations (TNCs), and draws on Crouch's framework in Post‐democracy to illustrate why the issue has proved so difficult for states to regulate. I begin by examining the problem of corporate regulation more generally, and set out Crouch's analysis to show why and how corporations have become so influential. The second section considers the area of business and human rights, and explains why there is ‘a governance gap’ in relation to extraterritorial human rights violations committed by corporations. The third section describes efforts at the international and domestic levels to regulate corporations in relation to this issue. It concludes that while new international principles and innovative hybrid schemes are playing a valuable role in norm creation and standard‐setting, the enforcement of these principles remains limited. Corporations have largely succeeded to date in their lobbying efforts to remain free of any direct obligations under international law.     

‘Women's rights as human rights’: Feminist practices,global feminism,and human rights regimes in transnationality 1

This paper argues that the recent calls for articulating women's rights as human rights can be successful only by misrecognition of the geopolitical context of human rights internationalism and the nationalisms that are sustained by it. Arguing that it is only on the level of universalized constructions of ‘women’ as a category and the generalized invocations of oppression by ‘global feminism's’ ‘American’ practitioners that such discourses of rights become powerful, this paper argues that policy and action require addressing localized and transnational specificities that created gendered inequalities. Even in national contexts such as in India, generalized invocations of women's human rights have not been useful since hegemonic forms of religion and culture have also been oppressive to women in minority communities. Concepts of economic and social justice rather than rights may work better in many such cases.     

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.     

Human–elephant interaction: Community perspectives on conflict mitigation and conservation mechanisms

The instances of human–elephant conflict (HEC) are becoming pervasive in elephant range areas across the globe. One of the primary reasons is the exclusion and under-representation of local communities in the planning and implementation of mitigation strategies. However, engaging with local communities and considering their viewpoints are vital for the success of conflict mitigation and conservation efforts. This qualitative study was undertaken to gain a reasonably comprehensive understanding of the local community's perspectives concerning elephants in the Balasore district of Odisha, a state along the Eastern coast of India. Qualitative data obtained primarily through focus group discussions were analyzed using MAXQDA 2020 to perform thematic analysis of participants' narratives. Six common themes emerged from the study: exposure and experiences with elephants, the efficacy of deterrents, compassionate payment provisions, reasons for tolerance, and expectations. Attempts were made to understand the community viewpoints and offer implementable recommendations to improve human–elephant interactions by adopting more inclusive and participatory conservation practices.     

Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence

¹Despite the proliferation of trauma and memory research inrecent years, we know very little about the contribution oftransitional justice mechanisms to psychological healing andsocietal reconciliation in the aftermath of genocide, armedconflict and politicized violence. Many scholars in this areahave argued that the disclosure of traumatic experiences isbeneficial to the psychological recovery process for survivorsof gross human rights violations. This article critically examinesthis therapeutic assumption within a transitional justice paradigm.The article explores the potentials and limitations of internationalwar crimes trials for victims of wartime sexual violence, focusingspecifically on the International Criminal Tribunal for theformer Yugoslavia (ICTY). The article provides a theoreticalframework for analyzing the significance of testimony at internationalwar crimes trials and raises some critical questions relatedto the psychological impact of trials. It is argued that dueto the sheer diversity and heterogeneity of wartime rape victims,the experience of giving testimony is likely to be mixed: whilesome victims may suffer under the constraints of legal process,under the right circumstances, war crimes trials may help othersto make sense of their suffering.     

Truth Skepticism: An Inquiry into the Value of Truth in Times of Transition

Truth commissions have become so fashionable in times of transitionthat one can readily recognize what might be called a ‘truthcascade.’ The commissions, and the reports they produce,are reputed to promote many of the goals at the heart of thetransitional justice project: helping victims to heal, promotingaccountability, drawing a bright line between the past and thepresent, promoting reconciliation and so forth. And yet, a closerlook at the truth-seeking enterprise suggests that it may notbe able to deliver on these promises. This article exploresboth the intrinsic and instrumental reasons why truth commissionsmay not be effective in promoting the goals attributed to them.The article does not argue that transitional governments shouldnot pursue the truth, but it does urge governments to use cautionand careful planning when they do so.     

Lament as Transitional Justice

Works of human rights literature help to ground the formal rights system in an informal rights ethos. Writers have developed four major modes of human rights literature as follows: protest, testimony, lament, and laughter. Through interpretations of poetry in Carolyn Forché’s anthology, Against Forgetting, and novels from Rwanda, the US, and Bosnia, I focus on the mode of lament, the literature of mourning. Lament is a social and ritualized form, the purposes of which are congruent with the aims of transitional justice institutions. Both laments and truth commissions employ grieving narratives to help survivors of human rights trauma bequeath to the ghosts of the past the justice of a monument while renewing the survivors’ capacity for rebuilding civil society in the future. Human rights scholars need a broader, extrajuridical meaning for “transitional justice” if we hope to capture its power.     

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.     

Democracy and decentralisation: local politics,marginalisation and political accountability in Uganda and South Africa

While democratic decentralisation is viewed as an important vehicle for development in sub‐Saharan Africa, its viability in practice is often doubted. Lack of resources, expertise, marginalised populations and the inexperience of local electors are all barriers to successful decentralisation. However, often overlooked are the diverse ways in which local people use the opportunities provided by democratic decentralisation to engage local authorities and demand accountability. Using examples from Uganda and South Africa,¹ this article demonstrates how local people use democratic openings to meet the challenges of marginalisation and demand accountability. While the data is from the mid to late 1990s, the evidence presented here is relevant to the continuing debate over democratic decentralisation for it reveals something that is not always recognised: lack of resources is not necessarily the problem; developing political capacity for demanding accountability for existing resources is what is important. The implication is that for decentralisation to be effective, practitioners must develop a better understanding of local political engagement so that their efforts may strengthen rather than thwart emerging political relations of accountability. Copyright © 2006 John Wiley & Sons, Ltd.     

Designing truth: Facilitating perpetrator testimony at truth commissions

Truth commissions aim to promote transparency, accountability, and reconciliation by compiling detailed narratives of political violence. To achieve this end, both victims and perpetrators of abuses must testify. Yet, little is known about how commissions can be designed to facilitate perpetrator testimony. This article develops a theory of perpetrator participation in truth commissions, with a focus on institutional design. The article then evaluates the effectiveness of four design features—amnesties, subpoena powers, dual-party agreements, and spiritual frameworks—in facilitating perpetrator testimony in the truth commissions in Sierra Leone, South Africa, and Timor-Leste. The analysis indicates that the theoretical constructs developed are present, functional, and influential for perpetrator participation in the three commissions. And, while no individual design feature is essential, the case studies reveal that perpetrator participation may not be forthcoming without a robust dual-party agreement and/or a resonant spiritual framework. This underscores the importance of normative foundations for perpetrators’ engagement with commissions. Crucially, though advantageous features may be present, the criteria required for them to function may not be met, resulting in no effect or a negative effect on participation.     

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.     

Structural Budget Balance as a Fiscal Rule in the European Union—Good,Bad, or Ugly?

The EU's Fiscal Compact requires member states to legislate structural budget balance rule(s) (SBR). We use elite interviews and government documents from Austria, Ireland, and Portugal to assess the extent to which SBRs are perceived to have resulted in improved accountability, coordination, and credible commitment on the part of elected officials. We find that establishing the SBRs in legislation has not resulted in domestic ownership on the part of the member states. Furthermore, SBRs do not appear to have improved accountability due to questions about their accuracy. There is some evidence that SBRs aid finance ministries' coordination efforts.     

Explaining the Failure of Mexico’s National Commission of Human Rights (Ombudsman’s Office) after Democratization: Elections, Incentives, and Unaccountability in the Mexican Senate

Mexico??s ombudsman??s office (the Comision Nacional de Derechos Humanos (CNDH)), established in 1990 by a nondemocratic government, posed no threat to the then ruling party. Counter to expectations, even after Mexico democratized in 2000, the CNDH remained unwilling to challenge officials for human rights violations. I argue that this is because the ombudsman (the head of the CNDH) is chosen by Mexican Senators who are not accountable??due to secret voting and a prohibition on reelection??to the Mexican public. While civil society wanted a powerful ombudsman, the three main parties did not. Ignoring the public, Senators responded to their parties and appointed a compliant individual to serve as ombudsman, thereby ensuring that the CNDH would not challenge those who held political power. The paper suggests that where accountability institutions, such as human rights offices, are chosen by unaccountable actors (in this case the Mexican Senate), the development of such accountability institutions will be limited.     

“Unredressed” Grievances under RTE: Navigating the State Labyrinth

Despite the refrain that India's statutory rights suffer from weak enforcement, little academic attention has been paid toward the role of grievance redress mechanisms that are crucial to rights enforcement. This article undertakes a systematic policy analysis of the grievance redress system under the Right to Education (RTE) Act at the level of both design and performance by illustrating it through the Karnataka example. Our findings show that the redress procedures under RTE in Karnataka are perplexing and poorly designed and have not led to enforcement of the right. With faltering administrative accountability, many complainants find themselves with unresolved grievances leading to unenforced or improperly enforced rights. Significant changes in the law and a substantial redesign of institutions are vital for effectively enforcing the RTE.