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The Mechanism behind the Egyptian ICT Revolution and Its Connotations

May 13, 2011
By 19665

Hosni Mubarak, who had ruled Egypt for 30 years, was forced to step down in a surprising turn of events that no one could have foreseen. He succumbed to the antigovernment protests that suddenly erupted in response to calls via the Internet. Mubarak’s resignation proved to the world that ordinary citizens have the power to overturn a governance structure that had been considered absolute.

The protagonists of the recent revolution were netizens, or citizens embodying the Internet. New information and communication technologies such as mobile phones and the Internet came into widespread use in Arab countries from around 2000. Today, particularly in urban areas, the medium of the Internet has become a natural part of everyday life for Egyptian youths, who comprise more than half of the nation’s population. Thus emerged Arab netizens. (read more)

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From Temporary Residents to Immigrants: Some Issues concerning Brazilians in Japan

February 8, 2011
By 19671

Early years of Japanese immigration to Brazil

The history of Japanese immigration to Brazil dates from 1908, when the first steamship arrived in Santos carrying the first immigrants to an unknown tropical land located on the other side of the globe. At that time, there was a shortage of labour force in coffee plantations in Brazil, and Japan decided to establish an emigration policy to cope with an increasing population and lack of natural resources that could feed their citizens.

Also, the limitation imposed by an amendment to the immigration law in the United States caused the impossibility of Japanese people to immigrate to that country, inciting the search for other places in the world where Japanese could temporarily work and return with enough savings to secure a better life.

These factors contributed to the immigration flow to the American continent, specifically to countries such as Mexico, Peru, Bolivia, Paraguay, Argentina and Brazil. However, life outside Japan was extremely arduous, due to somewhat precarious work conditions in the beginning of the last century, foreign language, different food and habits, among others.

Even though Japanese people had emigrated temporarily, debts related to the long journey from Japan to South America, as well as living expenses, made it hard for them to save enough to return to their original country. Also, the World War II and consequently Japan’s defeat were critical factors that made them settle and change their status from temporary to permanent residents.

One hundred years had passed and in the verge of celebrating this occasion, around the 1990s, the situation was reversed and Japanese descendants from South America started taking the opposite route to work temporarily in Japan, one of the greatest economies in the world, at that time suffering labour shortage and offering better conditions and salaries, and therefore, perspectives of life.

Japanese descendants return to Japan

In 1990, Japan enforced an amendment to the Immigration Control and Refugee Recognition Act to include a long-term resident visa for Japanese descendants who wished to come to Japan to visit relatives and spend time in their country of ethnical origin.

The long-term visa opened a possibility for Japanese descendants to engage in any type of activity, including non-skilled jobs, since there was no restriction in terms of what kind of activities they could pursue during their stay in Japan.

At that time, there was a shortage of labour force in some industrial sectors and even though the preference for hiring same ethnic people was never openly discussed in public, there was a trend to accept Japanese descendants who would adapt and interact more easily with other Japanese colleagues.

Combining the need of labour force in Japan and economic crisis in Brazil and the possibility of long-term visas to stay in Japan, a large number of Japanese descendants decided to try their luck in the land of their ancestors. At the peak of this diaspora, in 2007, the Japanese Ministry of Justice registered 316,967 Brazilian residents (included in this figure are Japanese-Brazilians, non-descendant spouses and children until the third and fourth generations).

With the recent economic crisis that affected many countries worldwide, causing huge cuts in expenditure and thus unemployment, and also the release of funds from the Japanese government to support the return of migrant workers who did not have the means to purchase a return air ticket, the number of Brazilians residing in the country dropped to 267,456, according to the latest available statistic from the Japanese Ministry of Justice (December 2009).

Being the third largest group of foreigners, most of them unable to speak the language and having different habits and perspectives of life and culture, it was inevitable that problems would occur.

It is worth mentioning that the first two groups of foreigners living in Japan are of Chinese and Koreans, respectively, most of them already integrated in Japanese society, due to the easiness of learning and communicating in Japanese in the case of Chinese and of being born and raised in Japan, the case for many Koreans. Therefore, cultural shocks, language problems and others are less visible within these groups.

In the beginning of this migration wave, like the Japanese who went to Brazil in the last century, Japanese-Brazilians planned to spend a couple of years in Japan, save enough money to go back and open small businesses, buy real estate, finance their children or their own studies and so on.

Both strategies and goals were quite immediate and the plan was to return to Brazil as soon as possible. However, the lack of experience as business managers resulting in failure of entrepreneurship attempts, or lack of knowledge as to where to invest and other unexpected factors contributed to make Japanese-Brazilians to either return to Japan or extend their stay.

Settling trends: from temporary residents to immigrants

After some years, the pattern of men and women migrating by themselves, leaving their families behind, changed to include spouses and children. Soon later, issues regarding Brazilian children education, bullying stories, adaptation problems and others started to circulate and even though these are far from being completely solved, certain stability was achieved.

Asked whether their stay was still temporary after long years in Japan, Brazilians were categorical to reply that they would return to Brazil. However, as their children started attending Japanese schools, some following until university, opened small businesses directed to the Brazilian community, to mention few developments, the will to return started fading and the discourse changed to include plans to go back to Brazil after retirement.

Some signs of this trend to stay can be seen in the increase of permanent visa and naturalization requests, as well as long-term loans to buy real estate. Because of these, scholars and media have been referring to this group of people not anymore as dekasegi, which originally alludes to people who leave their home temporarily to work somewhere else, but as immigrants.

This shift in the provisional status of temporary workers to immigrants needs to be accompanied by new analysis and possible change of policy towards this group of foreigners.

Long-term vision and strategies are necessary to address current but future problems as well. In this sense, the signature of the first bilateral agreement Japan signed with an emerging country on social security issues demonstrates that there is a concern that involves problematic issues with future impact. Through this agreement, Brazilian and Japanese workers alike may contribute to the social security in the country they are currently residing and later count the years of contribution in order to obtain pension and other benefits.

On the other hand, the Japanese government has also been intensifying the assistance to foreign workers through its Public Employment Security Offices and Hello Work agencies, by posting announcements for jobs, one of their primary roles, but also offering language courses and training programmes, in an attempt to facilitate employment.

Despite of the economic crisis, these measures that aim to absorb this workforce are extremely important, considering that Japan’s population growth rate is already negative and it is predicted that it is one of the countries that will face severe shortage of labour force in the near future.

Some legal problems and possible solutions

Although some issues are being taken care of, there are other matters that urgently need attention and that will most certainly have repercussions for the future. One of them is the judicial cooperation between the two countries in civil and criminal matters, an issue that has been in the negotiation agenda for quite some time.

It is worth emphasising that the two areas are equally important, because although criminal matters receive a lot of media attention, particularly in Japan, related issues in both areas affect real people, children and families in Japan and in Brazil.

During the past years, victims’ families of the crimes committed by Brazilians have been exerting pressure on the Japanese government to negotiate an extradition agreement with Brazil. This is due to the elusion of criminal offenders to that country, where, like others including Japan, extradition of nationals is prohibited, unless special circumstances occur (in the case of Brazil, if the crime was committed before naturalization; and in the case of Japan, if there is an extradition agreement that establishes otherwise).

The only possibility thus left to take offenders to trial is making a formal request to the Brazilian government to prosecute them in Brazil by providing evidence and all other necessary materials.

Notwithstanding the inexistence of a specific criminal cooperation agreement, Brazilian authorities have been cooperating with Japanese authorities so far, but differences in both countries’ legislations and penalties are causing some distress. For example, death caused by traffic accident in Japan is punished with prison that may range from 7 to 20 years depending on aggravating circumstances, while in Brazil, if it is an involuntary homicide, the penalty can vary between 2 to 4 years, but if there is aggravating circumstances, it can be increased up until 6 years, together with the suspension or prohibition of obtaining a driver’s license. For Japanese people it is inconceivable that Brazilian law seems to be lenient in these cases. However, unlike in Japan, where there are special facilities for those who committed this type of crime, in Brazil there is nothing similar.

The way in which a society defines and punishes crimes may differ considerably according to their own interpretation and perspectives of life, culture, values that should be protected or discouraged and so on. However, albeit crimes classification and penalties might be different, it should not be an obstacle for both countries to find a way to cooperate with each other and pursue the task of punishing crimes.

A clear need of an agreement that addresses judicial cooperation is apparent, not only to speed up the process, in some cases delayed due to the lack of knowledge concerning the appropriate procedures, but most importantly to shape the cooperation according to specific requirements, in suitable and acceptable ways for both Brazil and Japan.

Regarding cooperation in civil matters, there is a simple agreement based on an exchange of notes in 1940. At that time, there were many Japanese residing in Brazil due to the immigration flow that started in 1908 and evidently, there was a need of a cooperation agreement that could assist Japanese authorities to reach their citizens in Brazil, mostly in case of inheritances at that time.

More than half a century later, a large number of Brazilians is now residing in Japan and the same problem surfaces. The bilateral agreement of 1940 does not address anymore all the issues concerning civil cooperation, although the current exchanges are being based on that document. Procedural and substantial differences in both countries’ legislations cause some frictions that could be mitigated with a deep understanding of social, cultural, historical and institutional legacies.

Notwithstanding, ongoing negotiations have been occurring for some years and certainly there are many aspects that are yet to be distilled, but as mentioned, government officials must keep a clear focus and objective in their minds: legal issues have a major impact in someone’s life and one that may affect an entire existence, change people’s and especially children’s future.

In the case of civil cooperation, spouses and children who live either in Japan or in Brazil are in need of alimony for survival, former spouses are trying to obtain divorce in order to marry again, sometimes with a new partner with whom they already live a de facto family situation, and many others.

Therefore, a concrete effort towards overcoming differences and pre-conceived notions shall be made to positively influence the settlement of these legal issues, a matter of concern for both governments, but of extreme importance for their citizens.

Aurea Tanaka in front of the former Kobe Emigration Center, where Japanese who were about to emigrate to Brazil spent a couple of days before boarding in early 1900s.

Aurea Tanaka in front of the former Kobe Emigration Center, where Japanese who were about to emigrate to Brazil spent a couple of days before boarding in early 1900s.

It is a matter of creating priorities and making difficult choices as regards what rights to protect. If the fear is a transformation of legal consciousness and eventual social unrest, the solution is not to leave these matters unresolved but be proactive and anticipate the establishment of rules that will address the problems in a systematic and comprehensive way, nurturing a legal stability that will only benefit all parties involved. In this sense, it is important to offer a clear sign that both governments are concerned and upholding their citizens’ interests by taking the necessary measures to tackle problems that affect their lives.

If the temporary migrants of the past are becoming the immigrants of the future, it is also time to replace the short-term vision when thinking about immediate problems and searching for solutions, look into the future and the challenging achievements that still need to be pursued.

The history of the Japanese immigration to Brazil has completed 100 years in 2008. During the celebrations, it was mentioned that the most important aspect of both countries’ relations was the human bond that brought Japanese to Brazil and Brazilians to Japan. It is unrealistic and unlikely that this tie will break during the next 100 years and that shall gives us all one more stimulus to continue collaborating and joining efforts in accommodating both countries’ specific features and interests when looking for common problem’s solutions.

The opinions expressed in the articles are those of the respective authors and do not necessary represent the views of the Tokyo Foundation.

Aurea Christine Tanaka

Aurea Christine Tanaka was a Sylff Fellow in 2004 while finishing her Ph.D. dissertation submitted to the Department of International Law of the Faculty of Law of the University of São Paulo, Brazil. For her Ph.D. she addressed issues related to International Family Law, focusing on divorce cases involving Brazilians living in Japan. Attorney-at-law, she has advised Brazilian and Japanese in legal problems involving both countries’ legal systems and since 2008 has been working for the Education for Sustainable Development Programme at the United Nations University Institute of Advanced Studies. She is currently interested in research involving the correlation between law and development, especially the impact and influence of legal instruments in changing behaviour and guiding sustainable practices, as well as partnerships in education for sustainable development. E-mail: tanaka[at]ias.unu.edu. The author would like to express her gratitude to Professor Masato Ninomiya of the University of São Paulo and Mr. Isamu Maruyama from the Tokyo Foundation, for their valuable comments.

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Tradition in the Present: Amazonian Oral History at Schools

December 7, 2010
By 19652

Many Amazonian Indians dream about better possibilities for participating in school education. They want to fortify their own languages and traditions at school, but also wish to learn new skills and knowledge, to which access is still limited to the dominant society.

Participants in the workshop with the representative of the local Secretariat of Education and the Brazilian co-partner

Participants in the workshop with the representative of the local Secretariat of Education and the Brazilian co-partner

This social action project had the aim to give new tools to a Brazilian Amazonian indigenous people, the Manchineri, for the creation of a publication for their schools in their own language and in Portuguese. Sylff Leadership Initiatives assisted in the accomplishment of this objective, as it offered the Manchineri community the possibility to organize a workshop in order to prepare this publication, provided the participants of the meeting with full boarding, transportation, technology to record and edit the mythic narrations, and also covered the publication costs of the edited material. The final publication was on the history and myths of the Manchineri people. Continue reading

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Rethinking Human Rights in a World of Increased Inequalities

July 15, 2008
By 21137

It is my great and humble honour to have this opportunity to share with all of you some reflections that come from my research, teaching and social life experiences inspired by the urgent need to not forget those who are forced to live in abject poverty, deprivation, persecution, global racism and patriarchy as well as imperial interventions and other forms of organized violence. I express my deep thanks to the organizing committee of the SYLFF Asia/Pacific Regional Forum. It feels very good to be amongst many people with different accents for after all, all accents are beautiful. They reflect a tiny part of the great human, social, cultural and ecological heterogeneity of humanity and the planet.

Let me begin my address today by saying that one of the greatest ironies of our times is that human rights have become very much the language of progressive politics around the globe as well as a powerful tool to justify increased weaponization, militarization, global racial profiling and war amidst unprecedented levels of poverty and social inequality, and unprecedented levels of the accumulation of wealth in fewer hands, both locally and globally. This is happening at times when patriarchal ideological practices are being transformed but not disappearing. Nowadays, global patriarchy under the excuse of protecting women, children and national securities is becoming a mask to invade other countries and to curtail fundamental social justice gains in the global north as well as in the global south. As the late Iris Young, a feminist political philosopher from the United States, convincingly demonstrated, patriarchy is being renovated as part and parcel of the logic of masculinist protection that helps account for the rationale leaders give for deepening a security state and its acceptance by those living under their rule (2007: 133). Young’s analysis, however, is not incorporated in the vast field of human rights mainstreaming discursive practice. This regime has established, as a hegemonic truth, the idea that formal legal equality means concrete equality when in fact the ideology of formal equality has co-existed with colonialism, slavery, patriarchy and heterosexism, and with a globally skewed distribution of wealth and income. The recognition of the co-existence of power and wealth in fewer hands, fiercely protected by the rule of law—including through the use of sanctioned organized violence alongside abject poverty—is an urgent call to rethink human rights in a world of increased inequalities together with the proliferation of different forms of violence. Scholar Shelley Wright has offered some important reflections on the paradoxes of power inequality and its main beneficiaries. It is appropriate, therefore, to quote her at length for she points out that, "Economic and social redistribution through industrialization and globalization can also create conditions conducive to violence. The globalization of a Euro-American economic model may have created conditions for peace and prosperity for Western Europe and its former white settler colonies such as the United States, Canada and Australia, but it has not necessarily resulted in such benefits for the rest of the world" (Chowdhury 1995; Cowen and Shelton 1996; Escobar 1995; Rajagopal 2000; Seabrook 1993; Wright 2000).

The effects of unrestrained trade liberalization have given rise to serious levels of violence from the wars over resource industries in Liberia, Sierra Leone, the Congo and Angola (diamonds, gold, copper) to the infliction of intolerable working conditions on people in factories throughout the developing world. The fragmentation and civil war in Yugoslavia can be directly traced to severe economic policies imposed by the IMF and other international economic institutions in the 1980s (Orford 1997). Expropriation of land for the development of cash-crop agriculture has increased the flow of people into urban centres, disrupting traditional economic patterns, community life and political stability, leading to high levels of state-sanctioned violence, workplace harassment, assaults and killings (Waring 1996) [2005: 161].

The imperial logic of masculinist protection, supported by many women, as Iris Young notes (2007), is fundamental in understanding the today’s world-wide increased inequalities for it positions leaders, along with some other officials such as soldiers and firefighters, as protectors, and the rest of us in the subordinated position of dependent, protected people (2007:133).

Patriarchal militarism however, is not new. It was part of direct colonial ruling since the end of the 15th century through the conquest of the Americas. Along with race as a powerful tool of social classification and the appropriation of labour and material resources (Quijano 2000), military patriarchy is part of what legal scholar Anthony Anghie calls the civilizing mission, the grand project that has justified colonialism as a means of redeeming the backward, aberrant, violent, oppressed, undeveloped people of the non-European world by incorporating them into the universal civilization of Europe (2005).

This civilizing mission, Anghie adds, was based on the idea that fundamental cultural difference divided the European and non-European worlds in a number of ways. For example, the characterization of non-European societies as backward and primitive legitimized European conquest of these societies and justified the measures colonial powers used to control and transform them (2005:3).

Sociologist Anibal Quijano notes that the civilizing mission, although officially closed, has endured the life of direct colonial ruling. It informs the current global modern colonial system of power (2000). The civilizing mission mentality feeds today’s common idea that the global north is the inventor of human rights and of their respect and promotion, and the global south is the prototype of a human violator because it still is trapped in pre-modernity. This mentality means, in other words, that “Third World” peoples are incapable of creating liberating knowledge that can serve the entire humanity, especially women, indigenous people and those forced to live in poverty. Under this mentality, “First World” people are inherently invested with “superior qualities,” a binary that only helps the already privileged both in the global north and the global south. This binary culturalizes fundamental demands for social justice. Culturalization is a process that describes “an exclusive focus on culture, understood as frozen in time and separate from systems of domination” (Razack 2004:131).

Challenging this mentality in the field of human rights is extremely important to counteract the all too easy assumption that the global south is the receptor of human rights knowledge whose epicenter is the global north. The term “human rights” may have been coined in non-western spaces but the knowledge and practice of what is just and unjust, individually and collectively is not the private property of certain people or geography. Indeed, knowledge on social and cultural justice has existed both as philosophies and practices in many ancient and heterogeneous civilizations, including, of course, those that flourish in Europe.

Rethinking human rights would mean being able to recognize that in the name of human rights, democracy, prosperity and freedom, terrible crimes and inequities have been perpetuated. As Singer points out, “When we ask ourselves whether a social or legal practice works, we must ask ourselves, ‘works for whom?’ Who benefits and who loses from existing political, economic, and legal structures?” (1990:1841 quoted in Nyamu Musembi, 2005: 32). Such an approach acknowledges the concreteness of unequal power relations within and between nations as well as the existence of hierarchical relationships between the global South and the North. Consequently, we cannot bypass these asymmetries in order to paint a conveniently nice picture of abstract inclusivity. Nevertheless, conventional theories and policies dealing with transnational issues locate these asymmetries as part of the so-called “clash of civilizations,” which is another way of saying that socio-economic and political exclusions do not have anything to do with the shape of our world today for it is the “culture of the other” and his/her “inherent violent un-civilization” that are the problems.

Canadian feminist scholar Sherene Razack notes that there is a revival of the logic that there is an irreconcilable clash between the West and the rest of the world (2004), under which the West is a defender and promoter of human rights and the rest of the world is a violator of human rights. Because “the rest” is overtly patriarchal and uncivilized, therefore unfit to democracy and to the creation of innovative knowledge (Ibid).

Why are these insights not influencing the mainstream world of human rights expertise? It would be extremely difficult to pinpoint a correct response. However, one of the reasons for this purposeful oblivion may be the human rights regime as it helps maintain the illusion that it is possible to escape the general consequences of social inequalities locally and globally by immersing ourselves in the world of abstract equality and the rule of law even when there is countless information that says otherwise. For instance, the United Nations reported in 2003 that there were more than a billion people living in poverty. Numbers alone do not say much but if for an instant we try to imagine ourselves with no food, no shelter and being harassed and persecuted, we then may change our approach to cold numbers about poverty and empty discourse on the rule of law and formal equality as representing human rights. While many do not have to think about the availability of food for their next meal or of a roof over their heads alongside their entitlement to their cultural identities and the inherent respect because they are women, disabled, etc., the majority in the world still demand the foundational right to have rights. And this, dear audience, is a fundamental difference between human rights as theory and human rights as practice.

Legal formal equality, as important as it is, is simply insufficient to reduce poverty, unemployment, racism, and violence because whether human rights experts like it or not systemic oppressions are interconnected and they are lived by millions on this planet. We have sufficient research that demonstrates this fact but we also have research that demonstrates the opposite. Therefore to say that we are defending and promoting human rights is not implicitly just. We need to ask unpopular questions to come up with new and more honest ways to bring about social and cultural justice. We need to ask whose human rights are more protected and whose human rights are ignored and denied. Moreover, these are poignant issues about leadership understood broadly and not as the property of politicians and privileged people.

Long ago diverse grass roots social movements in the global south and many in the global north demonstrated the incongruities of an abstract and universalistic doctrine of human rights in the face of gruesome economic exclusion, political persecution under state terror and the spreading of violence against women. Critical scholars, such as Frantz Fanon also observed long ago that forcing people to live in poverty, to lack education and to daily encounter humiliation based on race, ethnicity, culture, language, and religion are intertwined realities, which at the end, dehumanize entire populations. Brilliantly he reflected that the damnés cannot go to hell for they are already in hell (in Maldonado-Torres 2006). Therefore, to assume that human rights are by de facto at the service of the human condition is not only naïve but dangerous for it is not all humans’ humanity that is included in this assertion but the humanity of some at the expense of the humanity of the majority.

Poverty, imperial wars and its daily and deadly impacts, I am afraid, are dehumanizing all of us because they are becoming a “normal” part of life and when something as deadly as poverty, state terror and war become so obviously “natural” we can continue saying that we support equality and the dignity of all humans and in fact contributing to and perpetuating the hierarchy of humanity in which some humans count as humans, some lives count as lives and some deaths deserve to be grieved.

As part of my urgent call to rethink human rights is the invitation to reflect about the ideological practice to represent persecuted, impoverished and victimized peoples as passive victims in need of salvation for it has serious implications such as indirectly feeding the dichotomy of “deserving and undeserving victims of human rights violations,” where “deserving victims” are thought and treated as “truly innocent and apolitical,” and “undeserving victims” as “partisans, collaborators and even terrorists.” My research as well as others’ attests to this fact (Martinez 2000, 2002, 2005; Grandin 2004, 2006; Jonas 1991, 2000; Razack 2004). Victimized people are survivors who have not created systemic violations of human rights. Feeding the industry of victimology even with the best intentions is not wise leadership; it is the continuation of colonial paternalism and maternalism at best, and indirect and direct racism and Orientalism, at worst.

Paternalistic and maternalistic victimization is dangerous because as soon as political conditions change as it has happened after the tragedy of September 11, 2001, the other face of victimization surfaces: the vilification and demonization of peoples and cultures as threats to the nation, to progress, and to human rights to the point that many men and women legally lose the little humanity attached to their bodies, minds and spirits. They become disposable or “bare life” (Homo Sacer) in Agamben’s terms (1998). In either case, the inferiorized “Other” is seen as lacking creativity to create knowledge and lacking ability to be a progressive actor that dreams of the possibility of another just world.

Keeping in mind the urgency to rethink human rights in a world of increased inequalities and to decolonize and de-victimize survivors and community leaders as a relevant step towards the creation of a new leadership in human rights, I would like to invite you to watch a short video that demonstrates part of the effects of transnational corporate mining in Guatemala, an economic activity portrayed as a good development strategy for a society torn by four decades of state terror during which more than 200,000 people were killed, 83% of which were indigenous people and the rest Mestizo men and women who struggled in practice for an integral vision and practice of human rights (CEH 1999). The video titled “Violent Evictions At El Estor, Izabal, Guatemala” shows how,

"On January 8th and 9th 2007, hundreds of police and soldiers in Guatemala forcibly evicted the inhabitants of several communities who were living on lands that a Guatemalan military government had granted to Canadian mining company INCO in 1965. Local indigenous populations claim the land to be theirs, and resent the exploitation of an outside corporation. Canada’s Skye Resources now lays claim to the land, and paid workers a nominal sum to destroy people’s homes. With the force of the army and police, company workers took chainsaws and torches to people’s homes, while women and children stood by. Skye Resources claims that they maintained 'a peaceful atmosphere during this action' (Rights Action 2007)." This video is available at http://www.rightsaction.org.

References

    • Agamben, Giorgio. 1998. Homo Sacer: Sovereign Power and Bare Life. Standford: Standford University Press.
    • Anghie, Antony. 2005. Imperialism, Sovereignty and the Making of International Law. Cambridge University Press.
    • Comisión del Esclarecimiento Histórico -CEH-. 1999. Guatemala Memory of Silence TZ'INIL NA'TAB'AL. Report of the Commission for Historical Clarification. Guatemala. CD Spanish Electronic version.
    • Grandin, Greg. 2006. Empire’s Workshop. Latin America, The United State, And The Rise of the New Imperialism. New York: Metropolitan Books.
    • Grandin, Greg. 2004. The Last Colonial Massacre. Latin American in the Cold War. Chicago and London: The University of Chicago Press.
    • Jonas, Sussane. 2000. Of Centaurs and Doves. Guatemala's Peace Process. Boulder, Colorado: Westview Press.
    • Jonas, Sussane. 1991. The Battle for Guatemala: Rebels, Dead Squads, and U.S. Power. Boulder, Colorado: Westview, Press.
    • Maldonado-Torres, Nelson. 2006. The Time of History, the Times of Gods, and the Damnés de la terre. Worlds & Knowledges.
    • Martínez Salazar, Egla J. 2005. The Everyday Praxis of Guatemalan Maya Women: Confronting Marginalization, Racism and Contested Citizenship. Doctoral Dissertation, York University, Canada. Unpublished Manuscript.
    • Martínez, Egla J. 2002/2003. Peace as a Masquerade: Militarization and Post-War Terror in Guatemala. Canadian Woman Studies. Volume 22, Number 2. Pp. 40-46.
    • Martínez-Salazar, Egla. 2001. "Development and coercion in the Maya-Tzutuhil community of Santiago Atitlán, Guatemala." In Desfor, Gene, Deborah Barndt & Barbara Rahder Eds. Just Doing It: Popular collective action in the Americas. Montreal, New York & London: Black Rose Books.
    • Nyamu-Musembi, Celestine. 2005. “Towards an actor-oriented perspective on human rights.” In Kabeer, Naila, Editor, Inclusive Citizenship. Meanings and Expressions. London & New York: Zed Books.
    • Quijano, Anibal. 2000. Coloniality of Power, Eurocentrism, and Latin America. Nepantla: Views from South, 1.3
    • Razack, Sherene. 2004. Imperilled Muslim Women, Dangerous Muslim Men, and Civilised Europeans: Legal and Social Responses to Forced Marriages. Feminist Legal Studies 12.
    • Rights Action. 2005. Skye Resources to buy Exmibal properties and legacy in Guatemala. Info@rightsaction.org/
    • Rights Action. 2007. News and Reports on Human Rights in Guatemala. http://www.rightsaction.org (Accessed on November 16 and December 26, 2007).
    • Wright, Shelley. 2001. International human rights, decolonization and globalization: becoming human. London/New York: Routledge.
    • Young, Iris. 2007, Global Challenges. War, Self-Determination and Responsibility for Justice. Cambridge, UK: Polity.
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Human Rights in the Middle East — A Voice from Palestine

July 15, 2008
By 19592

What I will do today will be to serve as a voice for a people whose heritage I share, with the hope that in articulating the suffering of that one group of people I will be shedding light on all types of suffering being experienced by human beings all around the world. I know very well that when I am addressing SYLFF fellows, I am actually addressing souls who are ardently debating issues in societies where the hum of human voices is, in fact, heard. I and others of my generation have the obligation to be the voice of our people because these people have lacked a voice, especially in the United States, and I believe that the current generation of young people around the globe who are like-minded need to be a collective voice for the oppressed wherever oppression occurs. Being a voice is important, but it is not enough. After giving rise to ideas and then articulating them in words, a person or group must recognize the need for action.

When formulating human-rights laws, four points should be kept in mind: (1) UN Charter Article 55 (the UN Bill of Rights, including universal respect for human rights), and making clear the relationship between peace and human rights; (2) These rights are universal; (3) World conferences on human rights issues help to raise awareness of these issues and how important they are; and (4) It is necessary to proliferate these rights by making them more precise and utilizing realistic implementation mechanisms.

I believe that my people have not had their human rights respected since being subject to Israeli occupation 40 years ago. Close your eyes and imagine with me. Imagine yourself tied to a pole with your hands cuffed behind your back and tied to that pole. Your feet also are tied to it. Your eyes are blindfolded and your mouth is taped shut. How would you feel? How would you feel being completely under the control of someone else, having no control of yourself or anything around you? How would you feel being so completely helpless? This is exactly what occupation has done to my people, who are not merely being controlled by the environment around them, but rather being subject to an invasion and control of their souls. This coercive control of the physical and spiritual elements of Palestinians individually and collectively has resulted in widespread violations of their human rights and also has failed to bring security to either the Israeli or Palestinian civilian populations.

That control has manifested itself in various forms, including:

    • Israel’s land grabbing and water grabbing by building the apartheid wall, confiscating arable land, and building and expanding settlements. The wall has created cultural and social divides between the Palestinian people such that a family cannot even get together for a social event.
    • The Israeli checkpoint system is another physical manifestation of the control. Around the West Bank there are about 500 checkpoints, manned by Israeli soldiers. Palestinian people are treated very badly at these checkpoints.
    • There are around 11,000 Palestinian soldiers being held in Israeli jails and detention centers. Some prisoners have been held in “administrative detention” (without being charged with crimes, and without legal recourse) for years. Some 200 female Palestinian prisoners are held inside Israeli jails, some of whom have had to give birth to their children while in captivity, with their children kept imprisoned with them until they are two years old.
    • Israeli settlements are an outrageous grab of Palestinian land and resources. There are 410,305 Israeli settlers living on occupied Palestinian land.
    • About 4,000 Palestinians have been killed by Israeli forces and settlers since the beginning of the Second Intifada in 2000.
    • The Israeli practices and the current international boycott placed on the Palestinian people in the wake of the latest Palestinian elections for the legislative council have led to dire humanitarian conditions all over the West Bank and Gaza Strip.

In order to deal with such grave violations of human rights, I believe that there is first a need for courage and vision. The mechanisms implemented by the international organizations—such as monitoring, state reporting, and treaty committees—are essential because they document such violations and raise the international community’s awareness of the violations. It is extremely important to hold countries to their commitments as enshrined in international and bilateral agreements, and such agreements should include clauses that respect and safeguard human rights. I wish to conclude by quoting the late U.S. President John F. Kennedy, who rightly said, “United … there is little we cannot do in a host of cooperative ventures. Divided … there is little we can do … for we dare not meet a powerful challenge, at odds, and split asunder.” Together we, SYLFF fellows and young leaders, can achieve a great deal in facing perpetrators of human-rights violations.

Thank you.

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New Global Leadership as a Guardian of Human Rights and Human Security

July 15, 2008
By 20992

Mr. Svilanovic chairs Working Table I [Democratization and Human Rights], Stability Pact for South Eastern Europe. He served as the minister of foreign affairs of Serbia and Montenegro from 2000 to 2004. He received a SYLFF fellowship in 1990–1991 while working on his master’s thesis in civil procedure at the University of Belgrade.

 

Human Security: A Vague Concept

It is common knowledge that maintaining the territorial security of nation-states through military power has failed to improve their total human condition. In response, the international community has moved to combine economic development with military security and other basic human rights to form a new concept of "human security." Unfortunately, by common assent the concept lacks either a clear definition or any agreed-upon measure of it. Some commentators argue that human security represents a new paradigm for scholars and practitioners alike. Despite these claims, however, it remains uncertain whether the concept of human security can serve as a practical guide for academic research or governmental policymaking, simply because not all neologisms are equally plausible or useful.

 

The Reality concerning Human Security

Sometimes reality is so brutal and so obvious that neither academic definitions nor a consensus is needed in order to conclude that someone’s security and basic human needs and rights are being severely jeopardized. The international community has no clue about how to improve the situations in Iraq and Afghanistan, which are among the world’s 10 most-insecure countries for living, sharing the top-worst-10 positions with 8 countries in Africa. In Iraq and Afghanistan efforts are being made, not only through humanitarian operations but via a military presence, intended to impose some kind of democratic regime. So what can we expect from common efforts to root out poverty and fatal but curable diseases in Africa?

 

A Call for New Global Leadership

Obviously, what is needed is new global leadership with a new approach, presented by different actors in the political and social arenas, that can set deeper the roots of our commonly shared values where they have already been seeded, as in Eastern Europe, but even more important, to work out how we can spread the seeds of the crops we cultivate to where the soil is not yet ready but where many would benefit from their yields, as in Africa. Whether we want it or not, whether we like it or not, whether we see it as a paradox or not, we are jumping into a global order that is not so obvious, that no one fully understands. Whether we understand this new order or not is one issue, but we almost have no choice but to cope with this situation, because it influences our daily lives. It would be good if we would learn more about globalization trends, because this knowledge might help us to know how to conduct our lives under the new circumstances. In contrast to what one might rely on and assume as given, human-rights protection, sustainable peace, development and social cohesion, which are the main features of human security, are not only a matter of concern for national and international decision-makers, but are first and foremost the responsibility of every citizen.

 

The Side Effects of Economic Growth

We can say with great certainty that the foundations of our society have been severely shaken by the economic, social, and cultural revolutions of the later part of the 20th century. A great many of the solutions and structures that existed in the past have been destroyed by the extraordinary dynamism of the economy in which we live. This is throwing an increasing number of men and women into a situation in which they cannot appeal to clear norms, perspectives, and common values, in which they do not know what to do with their individual and collective existence. This is true of institutions such as the family, but also of political institutions that were the foundation of our civilization—the public sphere. Politics, parties, newspapers, organizations, representative assemblies, and states—none of these operate as they used to and as we had supposed they would continue to operate for a long time to come. At present there are no global-scale regulations or institutions that say what we should do or should not do regarding some of the newly emerging challenges, such as the fight against terrorism and nuclear proliferation. In the case of Kosovo, for instance, the current international community is divided on how to resolve the situation. Meanwhile, more often than we would like, we find ourselves without clearly applicable laws that, in this period of global transition and transformation, must be replaced by deeply rooted and widely accepted values and principles to guide us forward. The modern economy cannot operate endlessly without some kind of reference to social traditions and to a new set of values and patterns for collective actions, including those to promote social cohesion and education for democratic citizenship.

 

Potential Leaders to Improve Human Security

Globally cherished icons can dramatically improve human security. Instead of presenting any conclusion that should contain a definition of what new global leaders who might become guardians of improvement of human security worldwide should be, let me draw your attention to the work of one of today’s top fashion models, Liya Kebede from Ethiopia, whose annual earnings total millions of U.S. dollars. Most of you know her from the cover pages of VOGUE magazine, but she has also created the Liya Kebede Foundation dedicated to the welfare of mothers and children (see http://www.liyakebede.com/foundation/lkfoundationhome.html), and she is a WHO Goodwill Ambassador for Maternal, Newborn and Child Health. Her foundation’s mission is to raise awareness of the need to improve the conditions of mothers and children and to fight the horrible facts that each day an average of 1,600 mothers die from complications related to pregnancy and childbirth, and that nearly 11 million children die each year before they reach their fifth birthday, including 4 million who die within the first 28 days of life. Liya is not only a goodwill ambassador who serves as a good example for other influential global celebrities who easily attract public attention, but she is becoming a real global leader herself and a guardian of human security in Africa.

Thank you.

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Can Aid Change Burma?

July 14, 2008
By 21164

Susan Banki received a Sylff fellowship between 1999 and 2002 while attending the Fletcher School of Law and Diplomacy at Tufts University. She has written numerous articles on Burma. This article, written in the wake of Cyclone Nargis, was originally featured in the May 2008 issue of the Far Eastern Economic Review (Vol. 171, No. 4) and has been posted here by courtesy of FEER.

Activists who promote political reform in Burma have, for years, debated the advisability of allowing international aid into the country. Many groups have argued that Burma's military junta selectively distributes all aid through government channels and hence only strengthens the authoritarian regime. But in the wake of Cyclone Nargis, which has killed as many as 140,000 and displaced as many as 2.5 million, there is a general consensus among even the most strident supporters of aid sanctions that Burma urgently needs international assistance.

It's a bitter irony, then, that when the country needs it the most, Burma's generals have been slow to allow humanitarian aid to enter. While intense pressure from the international community has improved the flow of aid somewhat, only a fraction of international assistance has yet entered the country, and Burma continues to block visas for humanitarian workers.

There is no question that Burma needs more aid. That is the first priority. But some ways of giving aid will be more effective than others, and some even have the potential to induce political transformation in Burma, as the 2004 tsunami served as a catalyst for reconciliation in the Indonesian province of Aceh.

While Aceh and Burma are dissimilar in many ways (foremost among them that the secessionist movement in Aceh was in the process of discussing a peace agreement when the tsunami hit, while the recent referendum in Burma excluded much of the opposition), if the international community can draw on some of the lessons learned in Aceh, it will increase the likelihood of political reform in Burma. Thus, here are some strategies for maximizing the effectiveness of aid immediately and encouraging the possibility of reconciliation in the intermediate term.

First, the international community must continue to push for more aid to enter the country. United Nations Secretary-General Ban Ki-moon's visit to Burma this week is an encouraging sign, and the fact that 10 U.N. helicopters were allowed to fly aid into the country, is hopefully a sign that the junta is loosening its grip. While reliable reports indicate that some aid is being sold on the black market in the capital, Rangoon, the need continues to be so great that whatever aid makes it into the country will improve the lives of some of Burma's terribly impoverished citizens.

Second, aid agencies should get their foot in the door as soon as possible, even if it means compromising the humanitarian principle of independence in the short term. Burma's military-security apparatus is only so large, and the hope is that as aid enters in mass quantities, it literally overwhelms the control of Burma's generals. Thus far, the junta has proved quite resistant to influence, but now that ASEAN has agreed to handle the influx of foreign aid, more agencies may find ways to enter Burma.

Third, and related, agencies should continue to push to place more humanitarian workers on the ground. Any attempt to airdrop aid without obtaining the regime's permission is a poor substitute for the entrance of humanitarian workers. Burma needs more foreign workers not because there aren't enough logisticians and disaster experts in-country at present, as some have claimed, but rather, because foreign workers represent the best possibility of opening up Burma to the outside world. This is precisely what the regime fears, and why it continues to insist that few foreign workers be permitted to enter. Humanitarian workers from India and China, both of which have recently been permitted, is a start, but agencies should continue to lobby for access for as many foreign workers as possible.

Fourth, journalists should continue their attempts to enter Burma so they can deliver firsthand reports and keep Burma in the news. Aceh only gained attention in the international media about 10 days after the 2004 tsunami, when between 300 to 500 journalists finally were able to file onsite reports. If Burma's generals believe that media reports will make the rest of the world more sympathetic to the tragedy, and more willing to help, then they may permit some journalists to enter.

Fifth, agencies should, whenever possible, find unofficial means to work with civil society groups and Buddhist monks to distribute aid. This suggestion will prove difficult since the regime has banned monks from assisting others, has instructed citizens not to seek shelter in monasteries, and insists that all aid go through government channels. But opportunities to bypass official channels will present themselves, particularly in light of the fact some Burmese officials ignored orders to remain in the capital and instead went AWOL in search of family members. Other Burmese officials are rumored to be greatly frustrated by commands from the top that they cease helping villagers in need. These examples represent a breakdown in the military's strict hierarchy and could be a lever for incremental change.

Sixth, agencies should make attempts to build pathways for future longer-term development aid. For example, the timely prevention of cholera would be best accomplished by effective water-sanitation systems, which aid workers should try to introduce as part of their relief provisions. A caveat, however: the Burmese generals are insisting that the disaster relief phase is over and that all aid should now be focused on rehabilitation and reconstruction. Its request for 11 billion dollars must not be separated from the current relief effort, but must instead be linked to it. Linking emergency relief with development aid has two possible positive consequences: first, it sets the stage for a more robust post-emergency phase in which recipients of aid are better off, and second, it will lengthen the "window of opportunity"—the post-disaster phase when the regime is at its most vulnerable and political transformation is most possible.

Finally, all parties to the ongoing conflict in Burma should encourage dialogue and communication among opposing parties in the name of rebuilding Burma. It has been argued that one of the key catalysts for peace in Aceh was the commitment to a ceasefire by the insurgent forces, a move that made the Indonesian military more willing to permit aid into the country. In Burma, a parallel concession by opposition parties would be to refrain from pointing fingers of blame at the junta.

Responses to natural disasters in the context of conflict can initiate phases of cooperation and reconciliation, as occurred in Aceh. Alternatively, and more commonly, disaster responses can entrench current power structures and foster further conflict. This latest tragedy in Burma, must, somehow, be turned into a possibility for political transformation, by using aid carefully and effectively. Through it, the international community can create the opening that the people of Burma deserve.

Ms. Banki is a research fellow at the Institute for Ethics, Governance and Law at Griffith University in Australia. She has written numerous articles on Burmese refugees and migrants, political mobilization directed toward Burma, and aid to Burma.

This article was originally featured in the May 2008 issue of the Far Eastern Economic Review (Vol. 171, No. 4) and has been posted here by courtesy of FEER.


 

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