Talking of Human Rights: Histories,Heritages, and Human Remains

While the rhetoric of human rights is now globally pervasive, the reality of rights implementation patently lags behind and violations continue to escalate worldwide. An examination of recent books demonstrates that rights talk occupies an increasingly central place in all subfields of anthropology. Problematically, anthropologists are excessively invoking “human rights” to imply a higher order of magnitude for the cases they study than if those cases were framed in terms of other rights and claims. Labeling everything a fundamental human right is detrimental to both ethics and accuracy, especially in the face of acknowledged differences in cultural and historical contexts.     

Human Trafficking and Online Networks: Policy,Analysis, and Ignorance

Dominant anti‐trafficking policy discourses represent trafficking as an issue of crime, “illegal” migration, victimhood and humanitarianism. Such a narrow focus is not an adequate response to the interplay between technology, trafficking and anti‐trafficking. This article explores different levels of analysis and the interplay between human trafficking and technology. We argue for a shift from policy discourses with a very limited focus on crime and victimisation to more systemic understandings of trafficking and more robust micro‐analyses of trafficking and everyday life. The article calls for an agnotological understanding of policy responses to trafficking and technology: these depend upon the production of ignorance. We critique limitations in policy understandings of trafficking‐related aspects of online spaces, and argue for better engagement with online networks. We conclude that there is a need to move beyond a focus on “new” technology and exceptionalist claims about “modern slavery” towards greater attention to everyday exploitation within neoliberalism.     

Human Rights,Care Ethics and Situated Universal Norms

Abstract: As interest in the relationship between geography and ethics grows, it becomes important to examine how different approaches to ethical philosophy may fit with geographic scholarship. To that end, this article focuses on a particular approach to ethical responsibility—international human rights law—and asks how that approach can be put into conversation with discussions in geography about morality, distance and care. It explores three contributions of such a conversation: first, it examines how the relational ontology of care ethics provides a new perspective on the moral value of human rights, so that the relationships and context in question drive the relative value of rights. Second, the article discusses contributions that human rights can bring to questions of caring across distance. Finally, it unpacks the duties that accompany human rights and questions the scope of duty that attaches to the norm of equality.     

Rights as Wrongs: Legality and Sacrality in Thailand

Abstract

Interviews with injury victims in northern Thailand (Lanna) conveyed a pervasive sense of injustice in their daily lives but a notable absence of the language of rights. Despite the proliferation of rights-based discourses, organisations, and institutions in Thai society, interviewees tended to disfavour the pursuit of rights because they believed that resort to the legal system would subvert Lanna traditional practices and would add to the bad karma that caused their suffering in the first place. This article traces fundamental contradictions in northern Thai concepts of justice arising from the imposition of “modern” systems of law and religion by the central Thai (at that time Siamese) government in the late nineteenth and early twentieth centuries. It views the legal modernisation project as a continuation of earlier efforts to impose central control over outlying regions by curtailing what were viewed as deviant cultural practices in order to weaken rival political, religious and legal traditions. The transformation of law in Lanna – from the Mangraisat tradition to a European-style legal framework – should therefore be viewed in conjunction with other cultural and political transformations initiated from Bangkok. Current expressions of disaffection and confusion about justice are rooted in this broader historical process.     

Delocalization,Humanitarianism, and Human Rights: The Mediterranean Border Between Exclusion and Inclusion

By reflecting on both the exclusionary and the inclusionary role of humanitarian migration and border management in the Central Mediterranean, this paper explores the relationship of humanitarianism with the delocalization of the EU border and with human rights. First, the paper analyses the role of human rights in the institutional humanitarian discourse about migration and border management at the Mediterranean EU border. The paper then analyses the Italian operation Mare Nostrum and, more generally, Italian humanitarianized border management in the Central Mediterranean. In doing this, it shows that humanitarianism contributes to the discursive legitimation and spatial delocalization of exclusionary policies and practices. Moreover, humanitarianism contributes to a symbolically and legally subordinate inclusion of migrants in the European space. While such humanitarian inclusion can be more inclusive than what human rights would require, it is posited as an act of grace rather than an enhancement of human rights. In both its exclusionary and inclusionary dimension, humanitarianism transcends and expands territorial boundaries by outsourcing responsibilities and enhancing delocalized border management.     

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.     

When Torture is a Duty: The Murder of Imam Yapa Kaseng and the Challenge of Accountability in Thailand

Abstract

On 19 March 2008, Imam Yapa Kaseng was arrested in Narathiwat in southern Thailand and detained as a suspected insurgent by Special Task Force 39 under the provisions of martial law and the Emergency Decree on Public Administration in an Emergency Situation (hereafter Emergency Decree). Two days after his arrest, he died in the custody of the army. On 25 December 2008, the Narathiwat Provincial Court ruled that “the cause of death is that the deceased was physically assaulted by state officials … while he was in the custody of soldiers who were performing their civil service duties”. This ruling is paradoxical: Thai state officials are named as responsible for a death in custody, yet torture is categorised as a “duty”. Since the ruling, Imam Yapa’s family has pursued criminal, civil and internal state methods of redress, but the case has been stalled and the responsible state officials have not been held accountable. In response, I challenge this paradox by reading the inquest decision in light of both relevant national and international legal instruments and the testimonies given during the hearings. Drawing on the testimonies given during the inquest hearings, I construct an alternative narrative of suffering and state accountability.     

From Imperialism to Internationalism: British Idealism and Human Rights

ABSTRACT

The article provides a historical account of the younger generation of British Idealists’ (1880–1930) approach to international relations and human rights. By focusing on pre-Great War and post-Great War periods, it reveals the shift that occurred in their approbation of T. H. Green's theory of rights. It shows that the Great War put an end to perceptions of the Empire as a plausible and sustainable international order for the younger generation of British Idealists, as it did for the significant majority of liberal British intellectuals. Their work, especially in the post-Great War period, reveals an attempt at translating Green's theory of rights into an internationalist human rights theory, which they saw as being indispensable to maintain a stable international order. As an alternative to contemporary attempts to locate Green's rights theory within the cosmopolitan–communitarian divide in human rights theories, this study draws attention to the younger generation of British Idealists’ long neglected internationalist approach to human rights as a middle way position.     

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.     

Imagining Humane Realism: Moving from Sacred Secularism toward a Pragmatic Theory of Human Rights

Abstract

The purpose of this article is to problematize secular humanistic conceptualizations of human rights by challenging the absolutist and supposedly irreligious foundations on which they rest. In doing so, this piece will adopt the position that secular humanism is, in fact, a religion, and, as such, its dictates concerning human beings and the proper treatment thereof are logical byproducts of a very peculiar "modern" religious faith—a religion, as it were, that places humanity at the center of its worship—and, therefore, are no less arbitrary than the overtly religious dogma it rejects. By exposing the all too confident moral authority that secular faithful bestow upon themselves and the will to judgement that is so prevalent in modern humanistic ideology, this article hopes to create a space for a re-imagining of human rights that is less authoritarian and more open to self-criticism than the modern, secular movement.     

Cosmopolitanism nationalism and the heritage of shame: comfort women memorials and the legacy of slavery in the United States

During World War II the Japanese military used approximately 200,000 women, mainly Koreans, as bonded workers they euphemistically labeled, ‘comfort women’. Since 2010, six memorial sites dedicated to the suffering of these women have been built in the United States. Campaigns for these memorials have been led by Korean-Americans, reflecting the importance this issue has in South Korea and within the Korean Diaspora. While a growing body of research has examined the political, social, and gender ramifications of the ‘Comfort Women’ issue in South Korea and on Korean-Japanese relations, less attention has been given to the transnational aspects of this memorializing campaign. What is the purpose of these memorials in the United States? How might visitors to such sites remember and memorialize trauma they know little about and which occurred far away? And how do these memorial sites dedicated to such distant trauma contrast with the absence of memorials for events much closer at hand, such as the historical realities of slavery? I examine these questions through an analysis of a ‘Comfort Women’s Memorial Peace Garden’ dedicated at the Fairfax County (Virginia) Government Center in May, 2014.     

美国宪法改革与人权政策

美国人权政策是建立在古典政治哲学基础之上的,它过分强调人民的消极权利,而忽视了人民的积极权利。随着美国社会的发展,这种人权政策显得越来越不能适应时代的需要。因此,20世纪80年代以来,美国又掀起了宪法改革运动的高潮,以解决宪法中存在的人权概念不清楚和政治自由太多、人民的经济利益太少的问题。在修宪运动中,美国的最高法院发挥了重要的历史作用,使运动取得了一些阶段性成果。但由于种族偏见的根深蒂固,因此美国人权政策的发展依然面临着有待进一步克服的问题。     

Islam,Human Rights and Interfaith Relations: Some Contemporary Egyptian Perspectives

Abstract

This paper explores current discussions and debates on Islam, human rights and interfaith relations in Egypt through an analysis of the public statements and writings of various religious scholars and spiritual teachers and the textbooks used to teach Islam in public secondary schools. It is well known that Islamist perspectives have become mainstream in Egypt, a largely devout and socially conservative country that is also the source of most of the major Islamic trends and political ideologies that have impacted the Muslim world in the nineteenth and twentieth centuries. Nonetheless, there is a broad tendency in government-issued textbooks on Islam and in the population at large to equate Islam with democracy and human rights, despite the authoritarianism of the state and the contradictions between traditional interpretations of Islam and international human rights norms. The rhetoric of democracy and human rights is linked to the threat of terrorism, which is labeled un-Islamic. Among ordinary Egyptian Muslims, even those who support Islamist politics, there seems to be a new concern to eradicate Islamic extremism and more openness to unconventional Muslim approaches. The most liberal example of this is an association that teaches the unity of all religions from a somewhat Sufi perspective, promotes interfaith dialogue, and advocates reinterpreting the Shari'a to promote gender equality and equal human rights for all Egyptians.     

美国社会组织与联合国人权规范的起源

二战爆发后,美国社会组织在对战争与和平问题的研究中提出依靠国际组织保障人权的规范构想。美国政府则并未重视人权议题,人权在敦巴顿橡树园会议上只处于边缘地位。社会组织在此后掀起大规模的游说活动,要求提高人权议题的地位,这使得美国政府考虑融合社会组织的人权规范构想与主权规范原则。旧金山会议上,美国说服其他大国接受其人权立场,极力否决拉美国家的人权提案,体现出美国借人权话语行使霸权的实质意图。最终出台的《联合国宪章》多处涉及人权,奠定了此后联合国人权规范的基础。但是,社会组织与美国政府围绕人权的争论凸显了宪章人权条款的复杂特征,这使得美国在此后联合国人权规范的发展中面临更多的挑战。     

The Use of the Bible by the Christian Human Rights Organizations Christian Solidarity Worldwide (CSW) and International Justice Mission (IJM)

Abstract

This paper explores the use made of the Bible by two Christian human rights organizations: Christian Solidarity Worldwide (CSW) and International Justice Mission (IJM), identifying the particular parts of Scripture appealed to, the hermeneutic adopted, and asks whether there are other resources in the Bible which they could use to inspire and inform their work. CSW with its focus on the persecuted Church most naturally draws its inspiration from the New Testament, especially the Epistles; whilst IJM whose work principally addresses other forms of injustice, makes greater appeal to the Old Testament. The biblical framework for IJM's work could be strengthened by a more sustained attention to Jesus' ministry as a model of human rights intervention and advocacy, by reflection on the significance of the Exodus as indicative of God's purposes for those who are oppressed, and by consideration of the book of James. CSW needs to integrate its commendable emphasis on Jesus' mission as exemplary for Christian human rights action with a holistic reading of the Bible and a greater exploration of the importance of the Church as the Body of Christ.     

Smuggling,Trafficking, and Extortion: New Conceptual and Policy Challenges on the Libyan Route to Europe

This paper contributes a conceptual and empirical reflection on the relationship between human smuggling, trafficking and kidnapping, and extortion in Libya. It is based on qualitative interview data with Eritrean asylum seekers in Italy. Different tribal regimes control separate territories in Libya, which leads to different experiences for migrants depending on which territory they enter, such as Eritreans entering in the southeast Toubou controlled territory. We put forth that the kidnapping and extortion experienced by Eritreans in Libya is neither trafficking, nor smuggling, but a crime against humanity orchestrated by an organized criminal network. The paper details this argument and discusses the implications.     

Human Rights Beyond Humanitarianism: The Radical Challenge to the Right to Asylum in the Mediterranean Zone

This article argues for a new centrality of the right to asylum within the Mediterranean zone and the necessity to defend and implement this right beyond the “humanitarian regime”. The first section describes the ways in which humanitarianism's logic has weakened the right to asylum through the implementation of specific EU migration policies since 2013. The second section focuses on the distinction between such a humanitarian regime and the human rights system, assessing the possibility of and necessity for a renewed defense of human rights, starting with the right to asylum. The third section focuses on the Charter of Lampedusa, a radical, alternative normative instrument developed through a grassroots process which involved activists and migrant rights groups and which represents a concrete illustration of how the horizon of human rights might be redefined.     

Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.