Master's Thesis in Human Rights Practice

Neoliberal development hegemony : implications for human rights - the case of POSCO, Odisha, India

Aleaz, Gargi — Sun, 02 Oct 2011 22:00:00 GMT

Aleaz, Gargi
Using the methodology of critical discourse analysis (CDA), I propose to analyze the reasons behind the reproduction of the global discourse of neoliberal development, which occurs in this story via the proposed establishment of the POSCO project. I argue that such an arrangement is the reason behind the threat to the right to life and violations of the right to development and livelihood of one’s choice of the villagers to be affected by the establishment of POSCO. On the face of it, the final forest clearance given to the POSCO project by the State seems like a decision within the parameters of Indian law. However a deconstruction of development along the lines of the post development school reveals that the functioning of the Land Acquisition Act 1894 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, give a legal veneer to the rights violating development policy of the state. This is aided by the public discourse created by the Odisha and the Central Government in India. The proposed generation of a vast number of jobs as a result of the POSCO plant, are the benefits that have been claimed to result from the project. However, the uncertainties of a new livelihood and a limited compensation package make it doubtful whether the project affected villagers will benefit from this projected common good. Interviews with villagers at the proposed plant site revealed that the anti POSCO villagers, wanted development of their choice to come about, in a manner that was participatory.

Being private in the surveillance society : the concept of privacy in the age of terror, CCTV and electronic surveillance

Thesslin, Glen — Sat, 30 Apr 2011 22:00:00 GMT

Thesslin, Glen
Abstract: Defending the right to privacy is a growing concern in modern society as surveillance, as a formidable weapon in the “war on terror”, becomes more intrusive with every passing year. In order to effectively defend the right to privacy one must know what privacy actually is. Privacy does not have one universal definition, but is a concept that has evolved though varied socio-cultural and historical circumstances, and is constantly being re-contextualised. This paper aims to discuss and compare various conceptions of privacy, and the right to privacy, with a focus on challenges brought about by technological developments and surveillance. In addition it aims to analyse the implications of surveillance on the right to privacy, with a particular emphasis on video surveillance. In order to reach these goals the paper compares and discusses various academic conceptualisations of privacy, and analyses the discourse surrounding two examples of video surveillance, CCTV coverage of London and the use of covert video surveillance against Arne Treholt, a former bureau chief of the Norwegian Ministry of Foreign Affairs. Many varied aspects of privacy are considered, with emphasis placed onto two distinct conceptions of privacy; an inherent-value based conception which views privacy as a goal in itself, which is necessary for full human development, and an exchange based conception which views privacy in terms of an exchange, where personal data is disclosed in return for societal goods and benefits. Privacy is conceived as the control of one’s own personal data at the most basic level, while surveillance is the process of recording private data; they are antagonistic contradictions. Using the examples, the paper attempts to reconcile surveillance with privacy; an exchange conception of privacy can accept derogations to the right to privacy in return for more security, although only if based upon a fair exchange, something the video surveillance regimes in the example likely do not provide. The paper concludes with some policy recommendations regarding increased regulation and transparency of surveillance.

Homophobia and hate speech in Serbian public discourse : how nationalist myths and stereotypes influence prejudices against the LGBT minority

Stakic, Isidora — Sat, 28 May 2011 22:00:00 GMT

Stakic, Isidora
Human rights abuses targeted towards LGBT persons constitute a global pattern of serious concern. Despite the fact that discrimination on the basis of sexual orientation and gender identity is prohibited by various international, regional and national legal provisions, prejudices and stereotypes related to LGBT people significantly impede the implementation of non-discrimination laws. This study focuses on contemporary Serbia, and attempts to understand the role of public discourse in inciting and perpetuating homophobia. The aim of the study is to analyse whether and how Serbian nationalist myths influence homophobia, as well as to determine which elements of the Serbian public discourse represent hate speech targeted towards sexual minorities. This study uses discourse analysis as the main methodological and analytical tool, and focuses primarily on the discourses that emerged around three main events: the adoption of the first comprehensive anti-discrimination law in March 2009, the cancellation of the Belgrade Pride in September 2009, and the Pride parade held in Belgrade in October 2010. The study concludes that the Serbian public discourse – namely, the discourse of the Serbian politicians, the Serbian Orthodox Church and the mainstream media – is still deeply imbued with nationalist myths and stereotypes from the past, which contribute greatly to the perception of sexual minorities as the enemies of the nation and the society. The study also assesses that hate messages against LGBT people are frequent and widespread in Serbian society, and that the hate speech laws are not adequately implemented.; Keywords: LGBT, homophobia, hate speech, Serbia, nationalism, right-wing, discourse, stereotypes, Belgrade Pride, discrimination

Holding Norwegian companies accountable: the case of Western Sahara : an exploration of the Norwegian government's approach to dealing with Norwegian companies' complicity in violations of human rights abroad

Skogsrud, Marte — Sat, 28 May 2011 22:00:00 GMT

Skogsrud, Marte
Morocco illegally occupies the non-self-governing territory of Western Sahara, and they are strategically exploiting the natural resources rightfully belonging to the local Saharawi people. Both of these actions are in violation of international law and fundamental human rights. Norwegian companies have been complicit in Morroco‟s trade in natural resources thereby legitimising the occupation and exploitation in political, legal, moral and economic terms. In this context this thesis investigates the approach of the Norwegian government, companies and civil society organisations to Western Sahara, exploring how effective these approaches have been in practice. The dichotomy between voluntary and regulatory approaches has steered the Norwegian approach, giving human rights a mainly normative role within the discourse of Corporate Social Responsibility (CSR). This thesis seeks to challenge the dichotomy apparent in the Norwegian system, by opting for a more interrelated view on legal and normative ways to regulate businesses. It shows that the Norwegian government‟s policy of discouraging business activities in Western Sahara is passive and ambiguous. Furthermore, the Norwegian policy-apparatus‟ understanding of CSR prevents it from seeking alternative and effective measures. The government is also overlooking the indirect effects policies generally understood as outside the purview of CSR have on the situation in Western Sahara. This study discusses how civil society has played an innovative role in changing corporate behavior and business ethics, by drawing public attention to corporate actions in the context of emerging norms and social expectations. However, the government should not leave the important task of holding companies accountable solely to the voluntary sector, but enhance, strengthen and reinforce both legal and normative incentives. To solve the situation in Western Sahara, the world community must seek to break the link between occupation and economic gain, and governments must proactively engage companies to go beyond compliance with human rights.

Child soldiers: rhetoric and realities : an examination of human rights organisational discourse on the issue of 'agency' and its implications on the best interests of the child

Macomber, Marci — Sat, 30 Apr 2011 22:00:00 GMT

Macomber, Marci
Recent peace processes have led to the demobilisation of tens of thousands of children from armed groups around the world. An understanding of the initial motivations and subsequent experiences of these children is crucial in ensuring that their needs are met once they are safe from harm. This understanding is largely informed by the work of international human rights organisations (HROs). While these organisations are working for the good of the children, they will also always have an element of self-interest in sustaining their activities. This study draws upon an analytical framework that combines elements of framing theory and discourse analysis. Using this framework as both a theoretical and methodological tool, the study examines how the understanding of child soldiers is constructed by leading HROs, particularly with respect to their exercise of agency, and seeks to critique these representations against alternative perspectives. The dissertation then explores both the potential ways in which the discourse could be seen to work in the interests of the organisations by appealing to various social structures and the extent to which it serves the best interest of the child. The study concludes by arguing that the HRO discourse is not dismissive of agency, but that the impact of their work on the well-being of demobilised child soldiers would benefit from the adoption of a more direct and consistent approach in this regard.

Clandestine activists : human rights activism for undocumented migrants : (a case study of a campaign of domestic workers in the Netherlands)

Lamchek, Jayson Sara — Thu, 26 May 2011 22:00:00 GMT

Lamchek, Jayson Sara
The emergence in the Netherlands of a campaign for recognition and rights of domestic workers, mostly undocumented migrants, is a highly unlikely event. Among other things, the Netherlands is not a party to the Convention on Migrant Workers and it has an aggressive policy against irregular migration centered on the denial of most social rights to undocumented migrants. The campaign of domestic workers is a window into pro-undocumented migrants’ human rights (UMHR) activism in a harsh political environment. This paper looks at the opportunities and constraints of pro-UMHR activism in the Netherlands and the strategies that activists can and do adopt to overcome constraints and create opportunities, as demonstrated in the campaign of domestic workers. It advances the view that deprived of a ‘hegemonic’ language, pro-UMHR activists will likely engage in processes of argumentation/dialogue/persuasion in which an explicit normative language of human rights for undocumented migrants is largely avoided. A key finding is that activists in the campaign of domestic workers are constrained to conceal instead of announce their motivation which is the regularization of undocumented status. The paper challenges some established conceptions of human right activism’s relationship to human rights norms in the standard social constructivist account.

Press freedom and media's role in conflict and peace-building : case of the post-2007 election crisis in Kenya

Radoli, Ouma Lydia — Thu, 26 May 2011 22:00:00 GMT

Radoli, Ouma Lydia
The 2007-2008 election violence in Kenya left more than 1,200 people dead and over half a million internally displaced. There were serious human rights violations, including freedom of movement, freedom of assembly and opinion. A Commission of Inquiry set to investigate the violence has attributed the conflict to unresolved historical grievances. But, the government and international agencies blame some sections of the media for inflaming the violence and ethnic hatred among Kenyans. The media is one of the most vibrant institutions in Kenya. It is vocal on matters of public interest, including political and socio-economic developments. In so far, much has been written on the role of the media in the conflict, but little, on their role in peace-building. Yet, peace-building remains a human rights concern locally and internationally. This thesis looks at how press freedom was used to either enhance conflict or build peace, as exemplified in the mentioned case. It also examines the role of the media as an agenda setter for human rights. This role provides a theoretical assumption of the responsibility of the media in preserving rights and freedoms. I argue that the media agenda to promote human rights can only be achieved within an independent media, guarded by working legislations and effective monitoring systems.

Dynamics of law, organisation and morality in contemporary warfare : the right to life in the case of the Israeli military International Law Department

Geva, Maayan — Sat, 30 Apr 2011 22:00:00 GMT

Geva, Maayan
This thesis places at the centre of its attention the members of the International Law Department (ILD) of the Israeli military. Its point of departure is the 2008/2009 Israeli offensive in the Gaza strip, a military operation which caused extensive loss of lives. During this offensive, the Israeli military made unprecedented use of the ILD. This dissertation sets out to examine the dynamic processes through which extreme violations of human rights, and most fundamentally, the right to life, are negotiated and authorized by these expert practitioners of international law. This exploration is methodologically based on interviews with ILD members and discourse analysis and is grounded in concepts and tools of critical legal theory, organisation studies and debates of morality. The findings of the thesis reveal that, in the case of the ILD team, International Humanitarian Law, organisational structures of the military and perceptions of morality play a role in enabling the execution of extreme violence and extensive violation of the right to life. Moreover, these same structures and conditions hinder the possibility of assigning responsibility for lives lost. Building on the study-case of the ILD of the Israeli military, the dissertation seeks to further understanding of the dynamics between law, organisational structures and morality as they relate to the legal work of practitioners in contemporary warfare. Ultimately, the thesis demonstrates that existing tools are insufficient in protecting the right to life, and aspires to contribute to the assignment of legal and moral responsibility for loss of lives.

Institutional response to crime against humanity : a case study on Bangladesh

Fouzder, Angshu Jyoti — Sat, 28 May 2011 22:00:00 GMT

Fouzder, Angshu Jyoti
In Bangladesh institutional response to crime against humanity of 1971 has been limited to maximalist and minimalist approach through tribunal and amnesty. Legalism and realism has dominated the debate around institutional response. Seemingly the government is unable to ensure retributive justice for all the crimes committed in 1971 and this creates scope to rethink if restorative justice can be applied for the major crimes remaining unaddressed under retributive mechanism. Maximalist approach through trial had been problematic as the initial process in post war period stalled due to political constraints whereas restorative mechanism has inherent challenges in the context of Bangladesh. Minimalist approach was not free from criticism as large number of perpetrators benefited from the process. Role of international organizations and other state actors was not sufficient to initiate redress to the crime as majority of the international actors only responded when the government reinitiated the justice process in 2009. Social organizations and social movement played effective role to mainstream the issue of justice in national policy and social response to crime against humanity has emerged as subsidiary to institutional response.

Integration of the Roma into Swedish society through the medium of primary education : the case of Gothenburg

Patwardhan, Sayali — Sat, 30 Apr 2011 22:00:00 GMT

Patwardhan, Sayali
The aim of this study is to find out whether the Swedish primary education system reflects an effort to integrate the Roma into Swedish society from a human rights perspective. This study compares the situation in law, as stated in the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority Languages, the Law on National Minorities and National Minority Languages (a Swedish national legislation), and the Swedish national policy on integration and multiculturalism, with the situation of education of the Roma in the city of Gothenburg. This study investigates two things. The first, is whether municipal officials, school principals and teachers, consider education as a medium of integration of minority communities into mainstream society. And the second is whether these officials, principals and teachers look at the education of the Roma from a human rights perspective. The scholarly work on the topics of integration of minorities, multiculturalism, segregation, and the role of education and the native language in the process of integration, forms the theoretical background of this study. The data used in this study has been collected in two ways, through documents and interviews. Interviews have been conducted with municipal officials, school principals and teachers. The methodology used to analyse the data is qualitative thematic analysis. This study shows that in law, there can be seen a clear effort to integrate the Roma into Swedish society from a human rights perspective. However, the ground reality does not in all cases live up to this legal standard, and there are a variety of reasons why the situation is thus. Effectively, the result is that a law having a lot of potential is practically rendered of little use, thereby creating a great discrepancy between human rights in law and human rights in practice.