Human rights in a global ecumene

How should we understand the cultural politics that has surrounded the development of international human rights? Two perspectives frame contemporary debate. For ‘cultural particularists’, human rights are western artefacts; alien to other societies, and an inappropriate basis for international institutional development. For ‘negotiated universalists’, a widespread global consensus undergirds international human rights norms, with few states openly contesting their status as fundamental standards of political legitimacy. This article advances an alternative understanding, pursuing John Vincent's provocative, yet undeveloped, suggestion that while the notion of human rights has its origins in European culture, its spread internationally is best understood as the product of a ‘universal social process’. The international politics of individual/human rights is located within an evolving global ecumene, a field of dynamic cultural engagement, characterized over time by the development of multiple modernities. Within this field, individual/human rights have been at the heart of diverse forms of historically transformative contentious politics, not the least being the struggles for imperial reform and change waged by subject peoples of diverse cultural backgrounds; struggles that not only played a key role in the construction of the contemporary global system of sovereign states, but also transformed the idea of ‘human’ rights itself. In developing this alternative understanding, the article advances a different understanding of the relation between power and human rights, one in which rights are seen as neither simple expressions of, or vehicles for, western domination, nor robbed of all power‐political content by simple notions of negotiation or consensus. The article concludes by considering, in a very preliminary fashion, the implications of this new account for normative theorizing about human rights. If a prima facie case exists for the normative justifiability of such rights, it lies first in their radical nature—in their role in historically transformative contentious politics—and second in their universalizability, in the fact that one cannot plausibly claim them for oneself while denying them to others.     

Grabbing the commons: Forest rights,capital and legal struggle in the Carpathian Mountains

In this paper we show that formalizing communal rights is a process riddled with struggles leading to a partial or total grabbing of commons. Drawing on long-term research and using interviews, surveys, and historical sources, we analyze struggles that emerged from processes of formalizing rights to commons, occurring one century apart in the Carpathian Mountains of Romania. The first wave of formalization, initiated by the state in 1910, institutionalized a model of hybrid commons in which individual rights to communal forests and pastures were understood as inheritable and tradable shares. This generated never-ending contention and a vulnerability to capital, allowing timber companies to grab shares and dispossess rightsholders. The second formalization, post-1989, enabled local communities to regain rights to forests that had been nationalized by the state at the beginning of the socialist rule. However, this resurgence of mountain commons unleashed again a suite of legal struggles, bringing back to life previous vulnerabilities and dispossessions. We argue that the formalization of rights often does not bring clarity and security to commons rightsholders. Instead, it creates a suite of vulnerabilities, ambiguities, and complexity within regulatory texts, begetting the grabbing of the commons.     

Democracy and the rights of women in the thinking of Giuseppe Mazzini

Addressing Italian workers in his Doveri dell’uomo of 1860, Mazzini unequivocally laid out his thoughts on women's rights. The thinker from Genoa, all the more after his encounters with other political philosophers from different national environments such as Britain and France, saw the principle of equality between men and women as fundamental to his project of constructing first the nation, and second a democratic republic. In his ideas regarding emancipation Mazzini, who spent a good 40 years of his life in exile, was one of a small group of European thinkers who in challenging the established customs and prevailing laws not only hoped for the end of women's social and judicial subordination, but also held that changes to the position of women were essential to the realisation of their political projects. Thanks to this respected group of intellectuals, the issue of female emancipation found a place in the nineteenth-century European debate regarding democracy and the formation of national states. The closeness of the positions of these thinkers, and their commitment in practice as well as theory, mean that it can legitimately be argued that in the course of the nineteenth century a current of feminist thinking took shape. This was born of the encounters between and reflections of various intellectuals who met first in France and then in England, and who came to see women's rights not just as a discrete issue for resolution but as fundamental to their projects for the regeneration of nations, or, as in the Italian case, for the construction and rebirth of a nation.     

Contested spaces of illiberal and authoritarian politics: Human rights and democracy in crisis

The global moral appeal of human rights and democratic governance appears to be in severe crisis. In both the Global North and the South, many countries have witnessed the rise of racist, sexist, and illiberal politicians into the highest positions in the government. As one of Asia's oldest electoral democracies, the Philippines is not an exception in this global pattern of decline in civil liberties and democratic governance. Considering the case of the Philippines, this article addresses the following core question: How and under which conditions do contestations as well as legitimations of the Duterte regime emerge across domestic and transnational spaces? This article examines the transnational and domestic contestations and legitimations of the Duterte regime based on a spatially-oriented analysis of the official results of the 2016 and 2019 elections, while demonstrating the multispatial contestations against and in support of global human rights and liberal democratic norms. While the role of geography and spatialization in the formation of illiberal and authoritarian politics remains underappreciated, this article contributes to the disciplinary fields of political geography, comparative politics, and International Relations. Specifically, the article deploys a spatial approach in understanding the territorially-contingent patterns of contestations and legitimations of liberal democratic politics.     

When the personal becomes political: using legal reform to combat violence against women in Ethiopia

This article focuses on Ethiopia's first civil society organisation, the Ethiopian Women Lawyers Association (EWLA), which has been campaigning for legal reform to secure women's rights and address violence against women. Implementing legal changes to benefit women in Ethiopia is impeded by difficulties in using the formal legal system, by poverty and deeply embedded gender inequalities, by plural legal systems, and by entrenched cultural norms. However, the article argues that the most significant challenge is the increasing degree of authoritarianism in Ethiopian state politics, that this is crucial in determining the space for activism, and that this shapes the successful implementation of legal change. The research shows how women's activism around personal rights challenges public/private and personal/political boundaries and can be seen as a political threat by governments in contexts where democracy and rule of the law are not embedded, leading to repression of women's activism and hindering the implementation of measures to protect women's rights when states become more authoritarian. Little is known empirically about the impact of democratisation on the implementation of measures to protect women's rights in Africa. This article shows how the emergence of democracy and legal reform intersects with the emergence of women's rights, especially with respect to gender-based violence. It shows how trying to secure women's personal right to be free from violence through the law is profoundly political and argues that the nature of democratisation really matters in terms of the implementation of measures such as legal changes designed to protect women's rights.     

The Universal Declaration of Human Rights at 70: protection of human rights in Australia*

This commentary reflects on the legacy of the Universal Declaration of Human Rights on its 70th anniversary, in terms of the protection of human rights within Australia. I reflect on Australia’s failure to implement domestically the terms of the two founding Covenants, and the resulting piecemeal protections that exist for human rights. I finish by considering the growing complexities in understanding human rights, responsibilities, and limits.     

Human rights politics and scaled performances of memory: conflicts among the Madres de Plaza de Mayo in Argentina

This paper builds on the geographies of commemoration literature extending the scope of inquiry to consider the scaled performances through which the politics of memory unfold. I focus on an analysis of conflicts over the creation of memorial landscapes that emerge from the intricate ways in which representations of the past and the everyday politics of social movements intersect. The paper analyses the competing politics of memory of two groups of Madres de Plaza de Mayo (mothers of people who ‘disappeared’ during Argentina's Dirty War). Their strategies underscore geographic dimensions of the politics of memory as the Madres clash over how to appropriately place memory in the landscape. While one group emphasizes making visible the events of the past to promote transmission of memory and to remember those who disappeared, the other group focuses on re‐interpreting symbols about the past in an attempt to encourage future activism. Such conflicting strategies manifest spatially in a variety of ways, ranging from the creation of physical markers in the built environment to the performance of collective rituals that centre on activists' bodies as sites for either commemoration of the past or future activism. The Madres' conflicts highlight how different spatialities contribute to validate or condemn competing politics of commemoration.     

Bodil Begtrup and the Universal Declaration of Human Rights: individual agency,transnationalism and intergovernmentalism in early UN human rights

The article investigates the individual agency of the little studied transnational, Bodil Begtrup, in the subfields of women's and minority rights, and refugee and asylum policy. Begtrup fulfilled many roles – as state representative, expert advisor, member of the United Nations' Commission on the Status of Women, and president of a national NGO. This article shows how Begtrup enjoyed wide room for manoeuvre in the subfield of women's rights, and acted in this as a transnational norm entrepreneur and process entrepreneur advocating women's rights as an integral part of human rights and forging the change of the institutional design of the UN human rights institutions. In the subfield of minority rights, refugee and asylum policy, Begtrup acted under tight governmental control because the issue at hand was subject to national interest and domestic party politics. Her agency in the two subfields shows how internationalism was a predominant feature in the early shaping of UN human rights. Transnationalism occurred when the subfield in question was not affected by national interest.     

Human rights and sorcery in East Java (Respond to this article at http://www.therai.org.uk/at/debate)

Human rights acquires different meanings in different contexts. In this article, I demonstrate how a local interpretation of human rights was linked to an outbreak of ‘sorcerer’ killings.