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.     

Ideals of human rights and socioeconomic realities: The larger context of Pakistan's child-protection policy

After 25 years of the adoption of the United Nations Convention on the Rights of the Child, millions of children still have their fundamental rights violated every day. It is argued in this article that the realization of the rights of these children is heavily influenced by the socioeconomic context of their countries. Taking Pakistan's child protection policy as a case, the argument is built on primary data collected from in-depth interviews with policymakers. Data analysis revealed that the Pakistani policymakers do consider socioeconomic factors, such as poverty, as a causative factor for various child protection issues, and believe that an increased level of socioeconomic development would improve protection and well-being of all children in that country. However, they lacked an appreciation of the interdependent relationship between children's broader socioeconomic environment and their right to protection in terms of policy responses to various child protection issues.     

National Human Rights Institutions: Domestic implementation of international human rights law

Does adopting a National Human Rights Institution (NHRI) make states’ international commitments to not torture more constraining? Many researchers have explored international human rights treaties’ abilities to constrain leaders from violating human rights, some focusing exclusively on the United Nations Convention Against Torture (CAT). Thus far, findings are not promising unless certain domestic conditions apply such as sufficient democratic space to air grievances or independent judiciaries. This article continues to explore domestic conditions by focusing on another liberal institution—National Human Rights Institutions (NHRIs). Torture is usually a secretive practice, and NHRIs act as information providers to potential mobilizers and domestic legal systems assuring international legal commitments are not empty promises. Using statistical analysis on 153 countries over the years 1981–2007, I find that when a country has ratified the CAT, the presence of an NHRI substantively decreases the chances the state will be an egregious offender.     

Citizenship,reproduction and the state: international marriage and human rights

The relationship between citizenship, marriage and family has often been overlooked in the social and political theory of citizenship. Intimate domestic life is associated with the private sphere, partly because reproduction itself is thought to depend on the private choices of individuals. While feminist theory has challenged this division between private and public – ‘the personal is political’ – the absence of any systematic thinking about familial relations, reproduction and citizenship is puzzling. Citizenship is a juridical status that confers political rights such as the right to carry a passport or to vote in elections. However, from a sociological point of view, we need to understand the social foundations and consequences of citizenship – however narrowly defined in legal and political terms. This article starts by noting the obvious point that the majority of us inherit citizenship at birth and in a sense we do not choose to be ‘Vietnamese’ or ‘Malaysian’ or ‘Japanese’ citizens. Although naturalisation is an important aspect of international migration and settlement, the majority of us are, as it were, born into citizenship. Therefore, the family is an important but often implicit facet of political identity and membership. In sociological language, citizenship looks like an ascribed rather than achieved status, and as a result becomes confused and infused with ethnicity. This inheritance of citizenship is odd given the fact that, at least in the West, there is a presumption, following the pronouncements of the Enlightenment and the French Revolution, to think of citizenship in universal terms that are ethnically ‘blind’, but it is in fact closely connected with familial or private status. These complex relations within the nation-state are further complicated by the contemporary growth of transnational marriages and this article considers the problems of marriage, reproduction and citizenship in the context of global patterns of migration.     

Contextual meanings in policy discourse: A case study of language use concerning resource policy in the New Zealand high country

Variation in the meaning and use of the term landscape by different decision makers and decision influencers in the New Zealand high country is analysed in relation to the way they describe a resource policy issue. The case study is based upon documentary sources and oral accounts of the role that trees might play in high country land use. Links between language use and interest are identified and explored, and some consequential implications discussed.     

Human rights and discourse theory: some critical remarks

In this short piece, I suggest that Seyla Benhabib’s discourse-theoretic account of human rights succeeds in avoiding the charge of anti-parochialism only at the cost of failing to provide concrete and plausible enough guidance in identifying the holders, duty-bearers, and objects of human rights. I then conclude with a few reflections on what type of guidance may be plausibly expected from a discourse-theoretic approach.     

Domestic legislatures and international human rights law: Legislating on religious symbols in Europe

This article examines the dynamics of domestic legislatures' application of international human rights law. Specifically, this article asks the following: What factors shape how domestic legislatures apply international human rights law while they enact national law and policy? Lawmakers have a variety of motives for invoking and deliberating international law. Given these motives, the article identifies two factors — civil society actors and legal experts and the flexibility of international law — that are likely to contribute to if and how national legislatures interpret and apply international human rights law while legislating. These factors are examined through case studies on religion in schools in the United Kingdom, Germany, and France. This article argues civil society actors and legal experts and the flexibility of international law inform lawmakers' estimation of political costs related to compliance and thus how they apply international human rights law to domestic legislation.     

The discourse of democracy in Canadian nuclear waste management policy

Canadian nuclear waste management policy has taken a deliberative democratic turn. What explains this turn? What is its significance? What lessons does it teach us? I trace a narrative of a powerful discursive coalition that was able to take advantage of institutional and financial opportunities to advance deliberative democratic decision making. I identify limitations in this turn by evaluating the Nuclear Waste Management Organization’s subsequent consultation process against the criteria of inclusion, equality, reciprocity, agreement, and integration. Despite impressive deliberative democratic designs, the process falls short of each criterion. This analysis clarifies the relative importance of actors to coalitions and institutions. Even with a strong coalition and favorable institutional context, realizing deliberative democracy is contingent on the will of involved actors. This conclusion has implications for the theory and practice of deliberative democracy.     

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.     

From ideology to program to policy: Tracking the Carter human rights policy'

The Carter human rights policy was grounded in American historic oscillation between pragmatism and idealism. It represented a major change, yet was prefigured in congressional initiatives, which continued thereafter. After an initial honeymoon, human rights like all “new” policies became a contentious bureaucratic and diplomatic issue, was modified to fit changing realities, and was eventually obscured by crises in Iran and Afghanistan. Criticized from left to right abroad and at home, the Carter human rights policy illustrated the impossibility of avoiding inconsistency in global policies-but also the certainty that, given the American tradition, it will continue to emerge on the policy stage.     

The domestic origins of human rights trials: A case study of the Second Boer War

What explains decisions taken by states around the world to prosecute members of their own armed forces for human rights violations? The dominant trend in existing literature suggests that a “justice cascade” best explains the growing prevalence of human rights trials. However, while norm diffusion offers some explanatory power in the contemporary era, other mechanisms are necessary to explain many early human rights trials. Through an analysis of one of the first recorded instances of what we now term “human rights trials” — the court-martials of six British Empire officers for the murder of POWs, civilians, and a missionary in the Second Boer War — this article identifies other crucial mechanisms driving prosecutions that retain relevance in the contemporary era. I find that signaling to domestic audiences, both at “home” and in recently conquered territories, can be critical motivators in elite or government decisions to pursue human rights trials.     

Implicit theories in policy discourse: An inquiry into the interpretations of reality in German technology policy

Interpretations of reality are an important, sometimes even decisive, dimension of the policy process. This essay seeks to demonstrate this point in the field of technology policy. Empirical research shows that government support for technology transfer in Germany is based on a concept of technology that is shared by neither companies nor academic researchers. These different concepts become reified interpretations of what technology means. They are referred to here as implicit theories. Interviews with academic researchers and business people demonstrate how inquiries into the realm of policy theories can be carried out.