The Tamil people's right to self-determination

This article provides an overview of the crisis in Sri Lanka and states why an armed conflict has developed in the northern and eastern parts (north-east) of the country. The Tamils' accusations—of discrimination, denial of the right to self-determination, abrogated agreements and violations of international human rights and humanitarian law amounting to genocide by successive Sri Lankan governments—are supported by specific evidence given by international human rights and legal experts, international human rights non-governmental organizations and other relevant entities. The democratic parliamentary efforts and the non-violent resistance struggle of the Tamil people prior to the outbreak of war are traced over several decades. The article includes an outline of social and law and order achievements in the north-east under the de facto administration of the Liberation Tigers of Tamil Eelam (LTTE) and concludes with some current international dimensions of the situation.     

The right to self-determination and the indigenous people of Western Sahara

This paper discusses the right to self-determination of the indigenous people of Western Sahara. It studies their post-colonial struggle for self-determination, which has been denied owing to Morocco's occupation and forcible annexation of their territory in 1975. It also looks into the process by which the right of the Sahrawi people to self-determination has been institutionalized within the United Nations (UN) system as well as the ongoing UN peace efforts to implement this right and the prospects to which they may lead. Overall, the paper seeks to demonstrate that the continuation of the conflict in Western Sahara is a strong reminder of an enduring violation of a fundamental norm of international law, and the responsibility of the UN and the international community as a whole to redress this aberrant situation.     

The global struggle for the right to a place to live

The problem of inadequate housing and living conditions facing one quarter of the world's population is situated in this article within the frameworkof human rights, and of international recognition of the basic rights to a place to live, and to gain and sustain an adequate standard of living. The nature and scale of the housing crisis points to a failure of governance that leads to exclusion, dispossession, and violence becoming endemic in societies: the institutionalisation of insecure and inadequate housing and living conditions. The author draws on the experience of Habitat International Coalition (HIC) in developing and supporting a comprehensive range of actions at local, national, regional, and international levels; and suggests some of the elements required if changes are not only to be promoted and campaigned for, but also sustained.     

An overview of the history of indigenous peoples: self-determination and the United Nations

This paper reflects on the entire consultation and drafting process that resulted in the recent proclamation of the United Nations (UN) Declaration on the Rights of Indigenous Peoples (DRIP) UN General Assembly (GA) resolution 61/295. It discusses the problems the drafters of the declaration faced, including those concerning the definition of the terms ‘indigenous’ and ‘peoples’. It also reviews the formal positions of all the parties concerned in an attempt to explain the new meaning of indigenous peoples' right to self-determination, which was one of the main stumbling blocks of the declaration. It is the conviction of this author (hereinafter UN Chairperson-Rapporteur) that the right to self-determination, as contained in Article 3 of the above-mentioned resolution 61/295, should be duly implemented by all concerned for the benefit of the states, indigenous peoples and the global community as a whole.     

The right to protection from sexual assault: the Indian anti-rape campaign

This article reveals a viewpoint that emphasizes some dilemmas among Indian feminist practice, women's sexuality in legal terms, and case law in India. The Indian Women's Movement (IWM) was successful in 1983 in adding a legal amendment on rape and child abuse. The case that mobilized women to change the law occurred in 1980 when a court acquitted two policemen who were charged with raping and molesting a 16-year-old tribal girl. The Bombay High Court overturned the judgement and convicted both policemen. The case was appealed, and the policemen successfully argued that rape did not occur because the girl did not protest and was sexually experienced anyway. In 1980 the Forum Against Rape was formed to mobilize public support and to lobby the State for reform of the law on rape. The campaign focused on custodial rape and political repression, rape as civil rights issue, and rape as a women's issue. There was a distancing between the victim, who occupied a lower caste and class position, and her defenders in the women's groups. The campaign appealed to both the appropriate judgement of the State and the denial that the State was an effective vehicle for change. The campaign did not directly address incest and marital rape or domestic violence within families. The legislature debated the issue of legal change during 1982. The debate revealed deep divisions about sexuality and women's status. It was argued that chaste women were not rape victims, and unchaste women were of a socially inferior caste and class. It was argued that there should be a ban on child marriage rather than spousal rape laws. Child rape is a legal issue only when the perpetrator is outside the family. Rape was discussed as an act of lust and not violence. In 1992, a woman promoting an end to child marriage was raped and the men were acquitted. It was argued that the law was out-of-date and in need of revision.     

The American far right and 9/11

On 11 September 2001, over 3000 Americans were killed in terrorist attacks on the World Trade Center and the Pentagon. But the attacks do not only shed light on radical Islam. Far-right groupings in America reacted to 11 September in very different ways, and an exploration of their responses can offer fresh insights into a constellation of groupings which stretch from the militias to the neo-Nazi National Alliance.     

The right to broadcast: towards a broadcasting charter for South Africa

SUMMARY

In this article Michael Markovitz, chairman of the Broadcasting Commission of the Film and Allied Workers Organisation (FAWO) argues:

• that present broadcasting statutes restrict access to the technological means of communication in South African society which prevails now;

• that broadcasting is an issue of national and constitutional importance;

• that the deregulation of broadcasting, with protection or non-profit broadcast services, could benefit the negotiation process;

• that private sector domination of both the broadcasting and print media sectors would be incompatible with the extension of freedom of expression in South Africa;

• that prevailing broadcasting legislation effectively prohibits community broadcasting; and

• that the right to broadcast and broadcast freedom should be entrenched in a Bill of Rights.

     

Violence and terror and the extreme right

The author begins by examining Sprinzak's theory of ‘split delegitimization’ and finds that although it provides a persuasive account of why some extreme right groups become so radicalized that they perpetrate acts of terrorism and political violence, its major weakness is that it fails to explain the emergence and long‐term survival of mass parties of the extreme right. The article briefly surveys some of these mass parties and finds that there is no clear correlation between the electoral success of extreme‐right mass parties and the level of terrorism and political violence from small extreme‐right groups. However, the evident ambivalence of mass parties of the far right towards violence, and intensification of the propaganda of violence, racisim and xenophobia are clearly conducive to violence and Terrorism and Political Violence.     

The implementation of IMF programs: A conceptual framework

IMF supported programs have conventionally been assessed by examining their effects on intermediate variables and final outcomes. More recently greater attention has been paid to their implementation, on the assumption that in order to work programs need to be implemented. Empirical studies have begun to include political economy variables in an attempt to explain implementation. They have used the concept of ‘ownership’ to provide a theoretical foundation. This paper provides an alternative and simple conceptual framework based on the marginal benefits and costs of implementation. It goes on to discuss policies that might be expected to improve implementation based on this framework.

Bringing fairness and due process to employment arbitration

Employment agreements for arbitrating statutory disputes often favor the employers who drafted them. A special Task Force has developed a Due Process Protocol establishing standards of fairness in arbitrator qualification, training and selection, employee representation, discovery, compensation of mediators and arbitrators, and the authority of the arbitrator. This article traces the evolution and adoption of the protocol by state, federal, and designating agencies.     

The EU in the peace process for Aceh

For generations, the majority of Acehnese have suffered cruelties and lived in fear even since the last quarter of the 19th century. Albeit it immediately supported Indonesia’s independence in 1945, the armistice in the special province was short-lived. Even the regime change in Jakarta in 1998 has insignificantly contributed to a betterment. In recent years, international mediations for peace settlement had eventually failed. Like a blessing in disguise, the tsunami that hit the region at the end of 2004 increased the chance for a political solution. Within this atmosphere the EU saw a window of opportunity. Through the latest initiative by the [Crisis Management Initiative (CMI) (2005) Memorandum of understanding between the Government of the Republic of Indonesia and the Free Aceh Movement], the Union’s decision to facilitate the peace process in Aceh was based on political, economic, geopolitical and strategic interests. This paper investigates the motives behind those aspects. It also suggests that amidst concerns in certain circles in Indonesia on the process, Jakarta has been very positive toward the Union’s involvement. Although there are potential risks for Indonesia; however, it simultaneously creates new opportunities to both sides.

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From the right to development to the rights-based approach: how ‘human rights’ entered development

This article offers an intellectual genealogy of how the concept of human rights has entered the development discourse—from the formulation of a ‘right to development’ to the rhetorical incorporation of rights within prevailing discourse, to the articulation of a ‘rights-based approach’ to development. It concludes with some propositions about the important role that a focus on rights might play in the practice of international development.     

Women and the extreme right: A comment

Reza Shah‐Kazemi (ed.), Algeria: Revolution Revisited. London: Islamic World Report, 1997, distributed by I. B. Tauris and St. Martin's Press. Pp.193. $19.95. ISBN 1–8606–4368‐X.

Danny O. Coulson and Elaine Shannon, No Heroes: Inside the FBI's Secret Counter‐Terror Force. New York: Pocket Books, 1999.

Jessica Stern, The Ultimate Terrorists. Harvard University Press, Cambridge, Massachusetts, 1999. Pp.214. $22.95 (cloth). ISBN 0–674–61790–8.

Ehud Sprinzak, Brother Against Brother: Violence and Extremism in Israeli Politics from Altalena to the Rabin Assassination. New York: The Free Press, 1999. Pp.366. US$27.50, Can.$41.00. ISBN 0–684–85344–2.