Impediments to a human rights-based approach to heritage conservation: the case of Bagan,Myanmar

The recognition of human rights at stake in and around World Heritage sites has led to an increased interest in the adoption of a human rights-based approach to heritage conservation. This approach is understood to address issues of social justice and enable a more sustainable form of heritage conservation. However, research at the historic and religious site Bagan in Myanmar shows various conceptual, practical and political hurdles that need to be addressed before this approach can effectively be adopted. Challenges can be found on local, national and regional scales and include the interpretation of cultural rights and conflicting rights, the contentiousness of human rights language and the lack of capacity to hold violators accountable. These impediments are relevant beyond Myanmar and demonstrate that the effectiveness of a human rights-based approach to heritage conservation is highly context-dependent.     

Heritage destruction and cultural rights: insights from Bagan in Myanmar

Recently, the UN Special Rapporteur in the field of cultural rights has stated that the intentional destruction of cultural heritage is a violation of cultural rights. The Rapporteur examines a timely issue but bases her statement on narrow understandings ‘heritage’ as irreplaceable and ‘destruction’ as ideologically motivated and aggressive. This reinforces hegemonic ideas about heritage and what constitutes its destruction. In this article, I discuss the case of Bagan in Myanmar to illustrate the limitations of the Rapporteur’s statement. In Bagan, whether and how ‘heritage’ should be protected has been the topic of controversy. By implication what is – or is not – considered intentional destruction is contested. Ambiguity about the meaning of cultural rights, the dissonant nature of heritage, the subjectivity of destruction, and complex multi-layered motivations behind ‘destructive’ practices make overarching statement about the destruction of cultural heritage and cultural rights violations too bold and call for more nuance and contextualised research.     

The nationalisation of the human rights debate in Egypt

ABSTRACT. The study of nationalism in Egypt has often focused on Arab nationalism and its relevance to the post‐colonial state building process. The current article shifts the focus to the Egyptian state's strategic use of nationalism as a mechanism for survival and for shoring up its failing legitimacy. In particular, the case of the human rights debate is chosen to show the regime's most recent attempt to ‘nationalise’ a rising movement which promotes universalism and poses a threat to the notion of the nation's homogeneity. By misrepresenting human rights organisations as mouthpieces of Western imperialist powers, the regime has managed to create an image of these organisations as posing a threat to Egypt's national security and undermining its international ‘reputation’. More recently, however, the state has refined its discourse on human rights by promoting an image whereby it is the ‘official agent’ of a more nationalistically defined human rights movement.     

缅甸工业化中的华侨（1948—1962）

缅甸独立后 ,在缅人化、国有化政策的压力下 ,大量华侨商业资本转而投资工业 ,在缅甸工业化中发挥了重要作用。它提高了缅甸工业化过程中的资本形成能力 ,增强了缅甸经济的自主强度 ,推动了缅甸产业结构的转变。华侨在缅甸工业化中能够扮演重要的角色 ,得益于缅华社会较大的流动性 ,华侨没有土地、农业、人身的束缚 ,以及华侨经济作为移民经济对市场的敏感性和华侨具有较强的现代性。此外 ,这一时期缅甸国内的政治经济形势、缅甸政府鼓励华商投资工业的政策、中国政府对华侨由商转工的支持 ,则为华侨在缅甸工业化中发挥重要作用创造了有利的外部环境     

China and Japan in Myanmar: Aid,Natural Resources and Influence

Abstract

This article highlights the parallels between Japan’s leveraging of foreign aid to secure access to strategic natural resources in the post-World War II period, and China’s similar use of foreign aid since the early 1990s. It then shows how both countries have applied similar strategies in their aid programs in Myanmar, and points out how dramatic shifts in Myanmar’s domestic politics have shaped their opportunities for economic engagement. China seized upon Myanmar’s political transition in 1988 to expand its aid program, while Japan has responded to Myanmar’s reform measures since 2010 by resuming its aid efforts. The article concludes by considering the potential for China–Japan cooperation through their aid programs in Myanmar.     

Cultural rights and their contribution to sustainable development: implications for cultural policy

Abstract

This article aims to analyse the meaning and implications of cultural rights for cultural policies concerned with sustainable development. Although references to both cultural rights and sustainable development have become widespread within cultural policy documents in recent decades, the actual conceptual and operational implications often remain vague, as an ambitious discourse that may conceal a poverty of resources and capacities. As a result, the ideal horizon suggested by cultural rights and sustainable development may not always be achieved in practice, nor are the mechanisms to achieve it always well known. In this respect, the article aims to dissect the actual requirements posed by cultural rights and sustainable development, including their different notions and areas of synergy and intersections, in order to shed light on relevant cultural policy approaches. To this end, a range of examples taken from a variety of contexts will also be examined as areas of expressed needs or areas of possible solutions.     

国民党统治时期自由主义人权运动评析

人权为评估一国政治统治的合法性和正当性提供道德上的判断基准。只有当公民不再需要经常用人权与本国政府抗争时,此政府才被认为是合法的。鉴于史学界对国民党统治时期中国人权运动尚缺乏系统剖析,本文以介于国共之间的中间党派为历史考察对象,通过对其主导的人权运动作认真梳理,试图阐明中间党派的宪政思想及其新自由主义人权观的理论意蕴。     

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.     

Rule of Law Expedited: Land Title Reform and Justice in Burma (Myanmar)

Abstract

The development of rule of law is touted as one of the most important considerations in Burma (Myanmar) today, yet its meaning is highly contested after fifty years of military rule. This paper will examine how the rule of law in Burma’s transitional political environment has been influenced by the legacies of military rule and the government’s development policies since 2011. A series of laws introduced by the Thein Sein government under the rubric of rule of law and good governance had a significant impact upon small hold farmers across the country. While some laws specifically related to farmers and their land, others encouraged private investment in the land used by farmers. The combined effect of these laws was to formalise the pattern of land grabbing that had developed under the previous government and to encourage land speculation. Moreover, they show how an expedited procedural rule of law incited conflict and further injustice. Any progress towards substantive justice and a more democratic rule of law must keep pace with improvements in the country’s limited administrative and judicial capacities. Whether, and how far, Burma can develop and move beyond a thin or procedural rule of law will be tested as the country experiences life under the NLD government.     

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.     

Russian-occupied Crimea and the state of exception: repression,persecution, and human rights violations

ABSTRACT

Since annexing Ukraine’s Crimean Peninsula in 2014, Russian authorities there have introduced harsh repressive measures to silence opposition to the ongoing occupation, chiefly targeting the indigenous Crimean Tatars and others pro-Ukrainian individuals. From the legally subversive methods it employed to orchestrate the annexation to the rhetoric of anti-extremism with which it has continually justified its occupation, the Kremlin has inaugurated a new “state of exception” in Crimea, invoking the prerogative to circumvent normative legal and juridical procedures in response to a perceived emergency. While Crimea’s state of exception resembles those initiated elsewhere by some Western states and Russia itself as part of the global War on Terror, the state of exception has provided the pretext for a particularly severe degree of repression, persecution, and human rights violations in occupied Crimea. In conjunction with the Kharkiv Human Rights Protection Group, this article discusses the theoretical groundings of the state of exception, its broader applications within the Russian Federation, and its troubling repercussions for residents of Crimea. Casting the Kremlin’s actions as belonging to a state of exception helps draw attention to its alarming human rights violations, and may bolster resistance to the creeping normalization of the Russian occupation of Crimea.     

改革开放以来我们党关于人权思想的探索历程

人权是当今国际社会普遍关注的一个重大问题。自改革开放以来,中国共产党三代中央领导集体根据社会主义发展不同时代的要求,相继提出了一系列关于人权的新观点和新思想,这些宝贵的思想探索对当代中国社会发展着有着极其重要的启示意义。     

The Ernest Gellner Nationalism Lecture: The Soviet Union,self‐determination,and the creation of the postwar human rights system

The USSR played a key role in the establishment of the post‐World War II human rights system despite its repressive and even murderous domestic record. It forged an alliance with the countries of the Global South in support of decolonization, self‐determination, and social and economic rights, policies opposed by liberal states like the United States, Great Britain, and France. These positions were deeply rooted in the socialist tradition. Moreover, when a human rights movement emerged in the mid‐1960s, its members—in its origins overwhelmingly from the intelligentsia—called not for the overthrow of the Soviet Union but for the fulfilment of Soviet law. The language of rights, proclaimed with such flourish in the 1936 constitution and its successor in 1977, served as the weapon hurled by dissidents as they called on the Soviet government to respect freedom of speech and assembly, and national rights, including the right to emigrate. In turn, the international human rights movement developed from the 1960s to the 1990s largely through support for the Soviet dissident movement, Amnesty International, and Human Rights Watch prime examples. The Soviet experience is critical to any global history of human rights.     

Peace through the lens of human rights: Mapping spaces of peace in the advocacy of Colombian human rights defenders

What kinds of peace do human rights defenders advocate? This question has become controversial in light of heavy criticisms raised against the scholarly paradigm that peace and human rights are co-constitutive universals. In this article, I explore how Colombian human rights defenders navigate potential tensions, erasures, and vested politics in their peace advocacy during the current peace process with the FARC-EP. I follow the trend in the geographies of peace literature to study the articulation of peace with human rights as situated and constitutive practices. My analysis of published activist statements maps out the discursivity of peace advocacy, that is, how human rights defenders articulate different political demands as interconnected conditions for peace and maintain a common activist space that cuts across the uneven geographies of violence in Colombia. The visualization of my results as discursive networks shows how activist practices open social and discursive spaces that integrate multiple understandings of peace, instead of obliterating differences in a single and homogenized, ‘local’ representation of peace. I further submit that elucidating how human rights defenders address peace beyond the end of guerrilla insurgency, the ambiguous role of the state, societal discrimination, and structural transformations helps us nuancing conceptual debates. We can learn from Colombian activists to move beyond rigid conceptual juxtapositions of human rights as either panacea or liberal fuel for conflict and to pay attention to how concepts are animated in political struggles to end violence.     

Transnational militancy in Cold-War Europe: gender,human rights,and the WIDF during the Greek Civil War

This paper examines the involvement of the Women’s International Democratic Federation (WIDF) in the politics of the Greek Civil War (1946–1949). The article’s specific focus is on the organisation’s international campaigns for the end of state-sanctioned persecution of leftists, especially women, and the re-instatement of democracy in Greece, utilising the expanding human-rights system at the United Nations. It draws on selected WIDF and United Nations (UN) documents, in addition to primary and secondary materials relating to the cold war and the Greek Civil War.     

Watching North Korea from the sky: Remote sensing and documenting human rights in the Democratic People's Republic of Korea

For organisations committed to documenting human rights abuses in North Korea, gathering data is an ongoing challenge. Faced with the lack of access to the country, as well as the problems inherent in verifying testimonies from North Korean escapees, some organisations have turned to hybrid methodologies, including pairing remote sensing (RS) technologies with testimonial data to better understand the people, places and institutions associated with human rights violations. In the case of North Korea, to date, remote sensing has been used primarily to monitor nuclear weapons and missile development sites. This work has at times sparked controversy, given the scope for analytical error and the high stakes associated with flawed analysis. Against this backdrop, this article discusses the application of remote sensing to augment human rights abuse investigations and calls for greater attention to the potential of remote sensing data to both assist in eliciting information in research interviews, and to generate data that may be used to support the pursuit of accountability for alleged violations of international law. Specifically, it considers the work of an ongoing project developed in South Korea using satellite imagery and Geographic Information Systems technology together with witness testimonies to document sites of state-led killings and burials in North Korea. The paper cites advantages to be had from developing hybrid methods of data-gathering in this context and describes some of the key methodological considerations involved, as well as the possible applications of the data in seeking justice and remedy in the future.     

Going to war democratically: lessons for Australia from Canada and the UK

This article addresses the role of democracy in Australia’s foreign policy formation. It argues that public debate and deliberation on foreign policy is a normative good. When there is a lack of debate on a government decision, a democratic deficit occurs. Such a deficit is evident in the way Australia goes to war; however, the examples of Canada and the UK show that reforming parliamentary practice is possible. In the context of the ‘war on terror’, this article compares Australia, Canada, and the UK from 2001 to 2015 with regards to ‘war powers’. Drawing from debates recorded in Hansard, it finds that while Canada and the UK took steps to ‘parliamentarise’ their foreign policy formation, the war-powers prerogative of the Australian government remained absolute. It concludes that increasing the role of parliament may go a long way towards democratising the decision of when Australia goes to war. This has practical as well as normative benefits, since it may prevent governments from entering wars that are unsupported by the public. At minimum, it will compel governments to engage more thoroughly in public debate about their proposed policies, and justify their decisions to the nation.     

从和平外交到革命外交——20世纪50年代中后期我国外交战略大转变国际原因探析

20世纪50年代中后期,我国外交战略经历了一个从“和平外交”到“革命外交”的大转变。促使这种大转变发生的原因是复杂的、多元的,其中国际因素占有重要地位。本文对此进行分析、归纳与研究,以就教于方家。