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The International
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Letter from the Team The International Academic could not be prouder to present the second edition – Changes in the 21st Century. Above everything, we would like to sincerely thank everyone who contributed to the making of the second edition, this would not have been possible without the enthusiastic and bright minds that we had the privilege to work with and who shared their thoughts and ideas with us. We would also very much like to thank our team that has worked hard and passionately on this edition making sure that our publication is top notch. It has been an absolute pleasure and a journey to work with you.
The topic for this edition presents a diverse analysis of the changes in the 21st century. The contributions varied from security threats such as terrorism to the effects of globalization. We hope that these articles will offer you interesting insights and perhaps challenge your own perspectives of the progression of the past. Considering last year’s topic focused on crises, it was especially refreshing to see that the tone of most of the articles was of a more positive one. We believe that it is crucial to address both the challenges as well as the achievemnts of the past to shape a better future and as students it is vital that we learn from them to become better future leaders. Considering recent events in the year 2016, it is now more important than ever that we involve ourselves and play our part in politics and international relations.
On behalf of the International Academic team, we hope that you enjoy this edition and that it leaves you reflective of the past and hopeful of the future.
On behalf of the International Academic team, Satu Kuitunen and Katrin Wagener
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Team Editor in Chief Satu Kuitunen
Deputy Editor in Chief Katrin Wagener
Chiefs of Production Lea Henkel Julia Saario
Marketing Director Alexandra Bucur
Digital Director Hans Nasman
Sub Editors Alexandra Sundmark Ryan Houghton
Editors North American Affairs Corey Cowan European and Russian Affairs Maria Elena Camarascu North African and Middle-Eastern Affairs Julien Loury-Levrel Latin-American Affairs Andra-Ecaterina Boca Asian-Pacific Affairs Delaine Lorio
Production Associates Joseph J. Appel MĂŠar Tomoki Otani
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Contents European and Russian Affairs Examining the Current EU Asylum Crisis from 2015 to Present — Athena Gordon
Pg. 1
The Scottish Commission on Women Offenders: Extending the Scope of Female Identity or Conditioning Patriarchal Stereotypes? – Lessons Learned from Canadian Mistakes —
Pg. 8
Ebba Anderson Russia Unsigns Rome Statute: Challenge to 21st Century International Humanitarian Law — Anela Galić
Pg. 15
North Africa & Middle Eastern Affairs Changes in the 21st Century Afghanistan in Historical Context — Israrullah Khan
Pg. 20
The Islamic State: Between Statehood and Terrorism — Andra-Ecaterina Boca
Pg. 24
Asian-Pacific Affairs Transforming the Image of Women from Victims to Agents of Peace: Focus on the Philippines — Iverly Viar & Ana Natividad
Pg. 29
Latin American Affairs Re-Thinking Health & Species Borders in the Zika Virus — Ritti Soncco Zachmann
Pg. 37
International Sovereignty Contested: The Demise of Westphalian System and the Emergence of a New System of States — Nejc Seretinek
Pg. 44
Change and Freedom; a Liberal-historicist Perspective — Emilio Di Somma
Pg. 49
Being a Non-Citizen in the 21st Century — Claudia Zaccari
Pg. 56
The Non-Proliferation Treaty: Ineffective and Outdated? - Critically Assessing how International Law tries to Prevent the Proliferation of Nuclear Weapons — Lena Schelling
Pg. 63
The Inefficacy of Economic Sanctions — Andy Gracklauer & Martijn Akkerman
Pg. 76
21st: The Social Century — Marton Kottmayer
Pg. 81
1
1 Examining the Current EU Asylum Crisis from 2015 to Present ATHENA GORDON
This article questions the European Union (EU) migration system in light of the recent migration crisis and the spur of asylum applications from countries outside the EU. The author presents the weaknesses of the Schengen Agreement and the Dublin Regulation, discussing their implications for refugees as well as for EU host countries. The article concludes with future suggestions for an amended EU migration system that better respects the rights and responsibilities of both refugees and EU citizens.
S
ince the formation of the European
2003). This migration period, alongside the
Union, migration has been a key issue in
formation of the EU and an ideology of free
EU legislation and discussions. Over the
movement within Europe, prompted legislation
years, migrant populations have travelled
which shaped the EU’s current migration system.
throughout Europe in waves, influenced by the economic development and statuses of war-torn countries. In the 1990s, there was an extended period of migration of people seeking asylum from war or government instability (Castles and Miller
However, the current migration crisis, starting in 2015, has uncovered many flaws of the EU migration system, especially in regards to human rights issues. In 2015, there was a significant rise in asylum seekers from Syria, Afghanistan, and Iraq
European and Russian Affairs
2
Examining the Current EU Asylum Crisis from 2015 to Present
(Eurostat, 2016b). With the current influx of
EU countries, the hard borders provide physical
asylum seekers, many scholars have started to
separation from the surrounding countries, limiting
recognise the structural issues in current migration
migration along land borders to travelling through
policies and some of the issues of the EU’s human
border control points (European Commission
rights framework in relation to migration. The
2013).
recent increase of asylum seekers within the past ten years has introduced many social issues in EU member states, including xenophobia, limited access to social services, brain drain for Southern and Eastern European member states and the bureaucratic challenge of gaining refugee status (Scheffer 2011).
In practice, the EU has a common legal framework for conditions of entry and residence, even though the EU states are able to control some immigration regulations independently (European Commission 2013). In June 1985, the Schengen Agreement enacted the theory of soft and hard borders into EU policy. This policy discontinued passport controls
This paper seeks to examine the ethical challenges
at internal boundaries of participating EU member
of the current EU migration system, particularly
countries, and strengthened outer borders between
focusing on issues within the EU’s existing
EU- and non-EU states (Castles and Miller 2003).
legislation. Firstly, the current EU migration
This policy made it easier for residents in the EU to
system will be introduced, including a brief
move between countries. The Schengen Agreement,
background on the Schengen Agreement, the
however, makes it more challenging for free
Dublin Regulation and the issues of the hard and
migration outside the EU. In addition, the
soft borders theory. The migration crisis of the past
Schengen
decade and many of its challenges will then be
consequences, particularly for countries on the
explored, as well as many of the issues with the
hard borders. After the May 2004 EU accession of
current migration system, such as the dangers of
several Eastern European countries, the strain of
illegal immigration and the living conditions of
managing the border controls moved further South
refugees in poverty (Paterson 2016; Pew Research
and East, especially affecting Greece and Italy (BBC
Center 2014). Focus will primarily be placed on the
2016).
human rights concerns for asylum seekers and the flaws of the return policies defined in the Dublin Regulation. Lastly, the effectiveness of the EU’s current migration system will be questioned and some alternative solutions to the current migration crisis will be proposed.
Agreement
has
several
other
In addition, the EU migration policies allow asylum seekers to enter the EU for temporary refuge from their countries until they are either granted or refused refugee status; refusal resulting in a return to their country of nationality (Castles and Miller 2003). Asylum seekers and refugees need to
Creating Hard Borders: the Schengen Agreement and the Dublin Regulation
register for legal entrance into the EU. For asylum
The EU’s migration system is built on the theory of
documentation as to why applicants desire to leave
hard and soft borders; the hard borders define the
their country of nationality, usually requiring a
space for the inner countries that are part of the
documented fear of persecution or conditions of an
EU, indirectly enforcing the rules that all EU
environmentally hazardous environment (Castles
residents must obey (Pellerin 2005). In addition to
and Miller 2003).
creating a social separation between EU and non-
The Dublin Regulation also burdened the countries
applicants to receive refugee status, the EU requires
The International Academic
3 along the hard borders of the EU by creating a
through borders, the EU’s migration system of hard
stricter migration policy for asylum seekers. The
borders may undermine the concept of free
Dublin Regulation was signed into law in 1997, and
movement,
was revised in 2003 and 2014. This regulation
government instability and war. Scheffer (2011:79)
postulates that asylum seekers need to have their
introduces some of these perspectives; “those
cases processed in the EU member state they first
critical of more restrictive policies [in the EU] often
enter (Brekke, 2014). The Dublin Regulation was
point to a fundamental contradiction between the
created to prevent ‘asylum shopping’, where asylum
generally recognized freedom to leave one’s own
seekers pick the states with the superior living
country and tight restrictions on entering someone
standards, largest access to market goods and most
else’s”. The EU’s hard borders enforce the
favourable labour market conditions (Brekke,
distinction between rights for people inside and
2014). Asylum applicants are required to return to
outside the EU. Pellerin (2005) and Scheffer (2011)
the first state they entered if they practice ‘asylum
both believe that the migration system of hard
shopping’
is
borders can pose some human rights issues,
migration outside the regulatory norms and
especially relating to the EU’s core values of
standards (Brekke, 2014: 147). Following the
freedom, security and justice.
or
irregular
migration,
which
asylum registration, asylum applicants are able to reside and work in the country that they registered in until, or if, they are granted refugee status. Although this does remove the burden on some countries that have been traditionally popular for asylum seekers, these regulations have put more pressure
on
EU
countries
bordering
the
Mediterranean Sea, which tend to have heavy migration influxes (European Commission, 2013). The strict regulations introduced by the Schengen Agreement and the Dublin Regulation create subtle social separation for those inside and outside the borders. The states that do not share the EU’s values are clearly defined through the physical boundaries of border controls (Pellerin 2005). The countries outside the hard borders either do not want to be part of the EU or require reforms in order to qualify for membership (Pellerin 2005). Pellerin (2005:115) wrote, “the focus on borders as a locus of power increased this [EU] dependence by reinforcing the notion that there are two separate worlds present at the frontier, one of which has to make the adjustments to be integrated into the other”. In addition to creating a social distinction
especially
for
refugees
fleeing
The Current Human Rights Crisis In 2015, the EU received over 1.2 million first time asylum applications, with most applicants coming from Syria, Afghanistan, and Iraq. This number of asylum applications was more than double the number in 2014 (Eurostat 2016b). In addition to this large number of first time asylum applications, the EU also received many asylum applications from non-first time applicants (Eurostat 2016b). Since 2015, the number of first time applicants seems to have risen; according to Eurostat’s recent quarterly report, the second quarter of 2016 (1 April – 30 June) had a 40% increase in first time asylum applications compared to the second quarter of 2015 (Eurostat, 2016a). This recent influx of asylum seekers in the EU has uncovered some issues with the EU’s current human rights framework. This current migration crisis has been overwhelming for the countries processing the asylum applications and introduces several questions about the human rights standards for migrants. One of the first incidents introducing several issues concerning the treatment of asylum applicants was
European and Russian Affairs
Examining the Current EU Asylum Crisis from 2015 to Present
4
MSS vs. Belgium and Greece. In this January 2011
applications, Greece continues to process some;
case, the European Court of Human Rights (ECHR)
although they only processed 0.9% of all the EU
determined that Greece was unfit to handle asylum
applications in 2015 (Eurostat 2016c). Instead,
returns due to human rights violations in the
Greece tends to allow migrants in without
individual case of an Afghan asylum applicant, who
registration
self-identified as MSS (Brekke 2014). Belgian
infrastructure (Pascauau 2016).
officials decided to return the applicant to Greece in accordance with the return rule in the Dublin Regulation to avoid ‘asylum shopping’, even though it was apparent that Greece had a backlog of asylum applications
(BBC
2011).
The
applicant’s
impoverished living conditions and the deficiencies caused by the Dublin procedure violated Article 3 of the European Convention on Human Rights about inhumane
treatment
(European
Database
of
Asylum Law 2011). Accordingly, the ECHR ordered
because
of
their
weak
border
Since Greece cannot support its own asylum applications, this indicates a major flaw in the Dublin Regulation; perhaps the burden for the states alongside the EU’s hard borders is too heavy. In 2015, six of the EU countries processed 77% of all the asylum applications within the EU: Germany with 31%, Hungary with 14%, Sweden with 12%, Austria with 7%, Italy with 7%, and France with 6% (Eurostat 2016c). This calls to question whether the burden of asylum processing is evenly spread
Greece and Belgium to pay €5,725 and €32,250,
throughout all the countries in the EU, or if the
respectively, to MSS (BBC 2011). This case
burden needs to be distributed. Nonetheless,
particularly questions the ethics of the Dublin
amending the migration infrastructure in the
Regulation, concerning the return of asylum
overwhelmed hard-border countries may be more
seekers to the country they originally passed
sustainable than temporarily spreading the asylum
through. If the asylum application process is
applications to countries that have stronger
backlogged and there is a lack of resources for
migration infrastructures (Borg-Barthet and Lyons
asylum seekers in the first country they pass
2016).
through, is it ethical treatment to send asylum seekers
back?
This
incident
resulted
in
a
suspension from returning asylum applicants to Greece (Brekke 2014).
Borg-Barthet and Lyons (2016:233) further argue that the EU has not adopted “higher standards of fundamental rights protection for the EU as a whole”, but rather encouraged “recalcitrant states”,
Accordingly, Germany recognised Greece’s breach
specifically citing Greece’s 2011 human rights
in human rights regulation and later in 2011, the
violations as an example, to transfer the burden to
German government announced that they would
more stable states. Greece’s human rights violations
start processing asylum cases from Greece (Asylum
have spurred some controversy among scholars
Information Database 2016). In 2011, there were
about how well the EU’s migration processes
only 300 000 asylum applications filed within the
encompass the human rights values, especially
entire EU, which was what made this transfer
those concerning justice. Borg-Barthet and Lyons
manageable (Eurostat 2016b). However, since then,
(2016) question whether the EU’s responses to
the asylum applications have increased by nearly
human
one million (Eurostat 2016b). In 2015, Germany
addressing the weak infrastructure of the EU’s
processed 31% of all the asylum applications in the
migration processes may be a more sustainable
EU (Eurostat 2016c). Even though Germany
solution to preventing human rights violations.
currently processes most of Greece’s asylum
right
violations
are
ethical.
Perhaps
The International Academic
5 In addition to issues with the asylum process, social
with processing applications for asylum, refugee,
services and quality of life for asylum seekers vary
and
throughout
concerning the return process. By the end of 2015,
available
the
asylum
Studying
resources
dilemmas
semi-structured
consideration for international protection (Eurostat
qualitative interviews in Norway in 2009 and Italy
2016c). With the extended waiting period, migrants
in 2012 with asylum seekers from Eritrea, an
have a longer period to establish in their country of
African country bordering the Red Sea. In the
temporary residence. In effect, there is an ethical
interviews, many of the asylum seekers mentioned
issue with returning rejected applicants to their
a lack of opportunities in their initial host countries
country of nationality when they have had a long
(Brekke 2014). For example, Greece offers very
waiting period of establishment in a new country
little social services and a three-year residence
(Scheffer 2011).
studies
and
Brekke
ethical
the EU had 922,800 asylum applications still under
field
seekers,
the
creating
(2014)
conducted
to
EU.
citizenship,
permit to asylum seekers once they are approved (Reuters 2015). Other countries, like Sweden, provide many more benefits to asylum applicants. Sweden
provides
full-time
asylum
program
participants with vocational services and about 6,700 Swedish crowns per month, about 680 euros (Reuters 2015). This inequality in services causes asylum seekers to practice irregular migration: to avoid the border controls in one country to register in a state that offers more prospects. If this irregular migration is detected, the EU responds by asking these irregular migrants to voluntarily return to the EU state they first entered for registration, or in severe cases, to return to their country of nationality (European Commission 2013). If these irregular immigrants do not return voluntarily, the EU will use their financial resources to return them. In 2014, the EU issued orders to 470,000 non-EU citizens to leave the EU and return to their country of nationality (Eurostat 2015). Only 36 % of this population, or 168,925 people, were recorded as returned to a non-EU country (Eurostat 2015). With the large size of the EU and the soft borders between states, it is challenging for EU border controls to monitor irregular
immigrants
(European
Commission
2013). Furthermore, the migration system tends to be slow
Once the asylum applications are processed, asylum applicants are either granted further stay in the EU or are returned to their country of nationality. According to Eurostat (2016b), 52% of EU-28 first instance asylum decisions in 2015 “resulted in positive outcomes, that is grants of refugee or subsidiary protection status, or an authorisation to stay for humanitarian reasons�. The other 48% were deported from the EU or, by avoidance of the migration system, became illegal immigrants. In addition,, the return process of irregular immigrants has not been cheap. From 2008 to 2013, the EU spent 676 million euros on irregular
immigration
returns
(European
Commission 2013). However, it is questionable whether the money spent on irregular immigration returns is being used wisely. From 2007 to 2013, the EU spent 825 million euros on immigrant integration support (European Commission 2013). Perhaps, if the 676 million euros spent on irregular immigration returns was spent on social services and resources to help immigrants integrate into society, the human rights issue of uprooting immigrants from their new establishments would be lessened.
Conclusion and Future Solutions With the growing number of asylum seekers in the
European and Russian Affairs
Examining the Current EU Asylum Crisis from 2015 to Present
6
EU, the current migration system will need to
“[European
societies
must]
rethink
the
change to accommodate this mass migration. The
fundamentals of an open society… to facilitate
Dublin Regulation has major flaws, especially with
the continued existence of its member countries
its emphasis on asylum seekers registering in the
as robust democracies under the rule of law and
first country of entry. In addition, the current living
as welfare states. The hope is that European
conditions and return policies for asylum seekers
cooperation will go some way towards absorbing
are ethically questionable.
the shocks of world disorder”.
Many scholars have proposed solutions for the
For the EU to continue supporting the values of
current migration system, a system that is failing to
security, freedom, and justice, the EU migration
provide adequate security, freedom and rights. One
system needs to change to provide substantial
potential solution proposed is the unification and
protection for those seeking refuge from war,
standardisation of the border controls in the EU in
governmental instability, and environmental crises.
order to promote equitable treatment. Monar
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European and Russian Affairs
8
2 The Scottish Commission on Women Offenders: Extending the scope of Female Identity or Conditioning Patriarchal Stereotypes? – Lessons Learned from Canadian Mistakes. EBBA ANDERSON
This article tackles the issue of rising female prison populations in the last decade in Scotland and the authorities’ failure to provide a gender-sensitive approach to reduce the number of reoffending women, realising the current reality of heavily male-centred correction programs. By exploring measures taken by the Correction Service Canada (CSC), argued to have neglected the plurality of female identities and reinforced patriarchal stereotypes, the author analyses the recommendations made by the Scottish Commission on Women Offenders. In conclusion, this article recognises improvements made but continues to question the underlying theories of female penal policies, fearing continued slow progress for the empowerment of incarcerated women.
B
efore we can assess whether there are
come increasingly clear as this essay scrutinises the
more effective ways than prison to re-
recommendations made by the Commission on
duce reoffending among women in
Women Offenders. The aim of this Commission as
Scotland, flaws of current correctional
stated in the introduction is “to improve outcomes
facilities must be determined. While this approach
for women in the criminal justice system and make
might appear narrow in scope, it aims to demon-
recommendations for practical measures to reduce
strate that no method exists independently from
their reoffending” (2012a). This is the one and only
the theories upon which it is based. This will be-
time a distinction is made between these two aims.
9
The International Academic
For the rest of the report they are used inextricably.
for incarcerating women serving federal sentences.
This essay will therefore proceed on the assumption
Its purpose was to amend a long history of sexism
that in empowering and providing better outcomes
and neglect in women’s corrections (Fortin 2004).
for women in prison, reoffending statistics will de-
The core premises were to challenge male norm
crease.
and build on women’s ‘differences’, producing a set
The female prison population in Scotland has doubled in the past 10 years (The Scottish Government 2012a), demanding an urgent reconfiguration of the justice system to reduce the numbers of women overcrowding correction facilities. In recognising the differences between how women and men become criminalised, feminist criminologists and policy makers abroad have in recent years pushed for a more gender sensitive approach. While this has generally been well and widely received, those studying the Canadian case are concerned. This essay will argue that in creating a subjugated female identity in response to prison strategies being highly male-orientated, the Canadian gender-responsive (GR) approach (a) fails to account for a plurality in female identities (b) reflects a hybridised model of punishment and rehabilitation and (c) reinforces and conditions patriarchal stereotypes. Having addressed some of the unintended consequences of a gender-sensitive approach, this essay will assess the extent to which the Scottish response to the disproportionate rise in female criminal activity, as out-
of new gender-informed norms that could be used as an organising principle for women’s penal policy, programs and research (Hannah-Moffat 2011). As a result of this report, between 1995 and 1997 the Correctional Service Canada (CSC) opened five regional prisons for women (Goff 1999). While considered a progressive step by many, it was accompanied by several conceptual and practical difficulties. While gender was recognised as significant, it was given a very narrow definition (Dell et al. 2009). Women were characterised as relational (based on relation theory maintaining that the primary motivation for women throughout their life is the establishment of a strong sense of connection with others), victimised, maternal and nurturing, resulting in the construction of a subjugated female identity (Bloom and Covington 2006; Spjeldnes and Goodkind 2009; Dell et al. 2009). This essay will proceed by arguing that owing to its very marginal scope, the subjugated female identity failed to recognise the plurality of women’s identities, thereby defining women as a homogenous group.
lined by the Commission on Women Offenders,
Applying this ‘norm’ of female identity as a point of
might differ from the Canadian one and hence be
departure for how inmates ought to behave incited
more likely to succeed in empowering incarcerated
a tendency whereby women were not punished for a
women. It will be concluded that, while efforts have
particular crime but rather for the deviation from
been made to extend the scope of gendered narra-
the traditional ‘normative’ conceptualisation of
tives within prisons, the Commission still draws
‘femininity’ (Hayman 2006:231-237). Thus, non-
heavily on relation theory – conditioning women
normative ‘masculine’ conduct and resistance to
into being responsible mothers. The Scottish report
institutional authority could only be explained as
also fails to reconcile the different theories of pun-
anomalies and were consequently treated dispro-
ishment.
portionately punitive (Bosworth 1999). This had far
In 1990 a report called Creating Choices laid the foundation for the development of a new strategy
-reaching consequences. First, it meant that the gender-responsive (GR) model of punishment was not equipped to manage women who were respon-
European and Russian Affairs
10 sible for more severe crimes. For example, in response to certain isolated events occurring soon after the opening of the Edmonton Institution, the CSC imposed static security measures – security fences, razor wire, and cameras - in all the regional women’s prisons (Hannah-Moffat 2000:7-10). This response was disproportionately harsh and punitive toward all women housed in the regional federal institutions. The CSC also incarcerated maximumsecurity women in male institutions, limiting the newly constructed regional institutions to only minimum and medium security prisons (Ericson and Haggert 1997). A normative female identity, therefore, alienated everyone not fitting this norm. It also justified increasing security around the new facilities. This is very contradictory in terms of the intentions of Creating Choices as it resulted in at least 25 percent of federally sentenced women being subjected to increased levels of intervention (Hayman 2006:231-237). Since the development of gender-responsive (GR) risk-assessment, the number of women prisoners categorised as high-risk has doubled from 1997-2006, resulting in a hardening of the CSC’s approach to dealing with federally sentenced women (Hayman 2006:231-237).
The Scottish Commission on Women Offenders in Creating Choices (Hayman 2006:231-237). This essay will proceed by looking at the dichotomy between the proposed nature of the female prisoner and the penal context in which she exists. As earlier mentioned, under the normative conceptualisation of ‘female identity’, women were characterised as relational, victimised, maternal, nurturing and disadvantaged (Dell et al. 2009). Meanwhile, the theory of punishment regulating correctional facilities had recently seen a paradigm shift (Dell et al. 2009). Throughout the 1990s, reintegration was championed as the ideological foundation of the Correctional Service Canada (CSC), its main emphasis being on incarceration for punishment/ deterrence rather than rehabilitation (HannahMoffat 2005). Around the same time, the UK witnessed the rise of a risk society (Ericson and Haggert 1997). The new dominant discourse altered perspectives on those who commit offences from ‘victim of circumstance’ to ‘culpable offender’ (Deakin and Spencer 2003). A key feature of this network is that punitive models of correction collide with therapeutic frameworks, thereby integrating discourses of empowerment and treatment with practices of punishment and control (Haney 2000).
Furthermore, the subjugated female identity did
As a result, there existed a disjuncture between
not consider women who self-harmed. Neither was
women-centred correctional policy rhetoric and the
it particularly sensitive to women who had suffered
lived experience of incarceration (Dell et al. 2009).
from trauma. Rather, correctional staff tended to
An example of this was identified in a qualitative
interpret this type of behaviour as manipulative or
study performed by Pollack (2009) when conduct-
threatening to the order of the institution, justifying
ing interviews with inmates at one of the correc-
officers resorting to harsh punitive measures, such
tional units. It was recognised that the healing pro-
as physical restraints or segregation (Hayman
cess from trauma, for instance, had to be made
2006:231-237). Neglecting the high incidence of
quickly and in accordance with the framework out-
childhood physical or sexual abuse in women who
lined by the CSC. If you did not participate daily in
self-harm, these types of responses often triggered
your healing program you could be punished or de-
past experiences of abuse and trauma (Heney and
nied access to certain rights or privileges (Dell et al.
Kristiansen 1998; Hayman 2006:231-237). This
2009). Women who had been imprisoned at the
framing of concern typically resulted in a security-
other five federal prisons conveyed similar senti-
based response to behaviour, representing a com-
ments. It became evident that although individual
plete reversal of the logic of GR penalty embodied
group facilitators may have been appreciated, the
The International Academic
11 effectiveness of mandated therapy in an environ-
maintenance jobs, all of which contribute to the
ment of hostility, aggression, fear and disrespect
running of the prison itself, and none of which gave
was deeply contested (Dell et al. 2009). This re-
them any opportunity for job placements in the
flects a hybridised model of punishment and reha-
community (Hayman 2006: 231-237). Essentially,
bilitation that results in contradictory, uneven and
the institution utilised relation theory and the em-
diffuse strategies of governance.
phasis on relationships to responsibilise and govern
This essay will proceed by questioning the very assumptions upon which this normative conceptualisation of female identity was founded. It will become clear that women are not accused of misconduct simply for deviating from a normative female identity, but are labelled as offenders when acting in contrast to traditional patriarchal conceptions of femininity (Hayman 2006: 231-237). Thus, by punishing women responsible for ‘unfeminine’ conduct (for example through self-harm as demonstrated above) in a disproportionately punitive manner, the
women. Through the chores allocated to them, female prisoners were expected to adhere to middleclass white normative ideals of motherhood (Dell et al. 2009). Carlen (1983), in particular, expresses concern regarding women who have rejected this lifestyle. By disproportionately punishing those deviating from this perpetuated norm and constantly encouraging
activities
relating
to
household
maintenance, correctional facilities reproduced gendered governance resulting in the subordination and oppression of women.
prison reinforces a form of ideological control used
Using the framework outlined above, this essay will
to maintain historic gender hierarchy (Hayman
proceed by scrutinising the recommendations made
2006: 231-237). How the CSC responds to particu-
by the Commission on Women Offenders in order
lar types of female conduct and the work opportu-
to determine the extent to which Scottish gender-
nities allocated to women in prisons are two exam-
sensitive approaches align or deviate from the Ca-
ples demonstrating the ways by which stereotypical
nadian incentive with regards to accounting for the
femininities and implicit normative assumptions
plurality of female identities. The Commission was
about women regulate policies within the correc-
specifically asked to consider the needs of women
tional facilities. Looking at the former, the fact that
in the criminal justice system that they recognised
women were punished for making ‘noise’, including
(similar to Canada) had been built up around male
yelling, banging and hollering, considered manipu-
offenders’ criminogenic needs and patterns over the
lative when ‘acting out’ and infantilised when self-
years (The Scottish Government 2012a). It found
harming reinforces this notion that the standard
that gender specific approaches would be required
against which their misconduct is measured is not
to achieve equality of outcomes for women
‘criminality’ but deviance from traditional, patriar-
(Goodkind 2009). As opposed to creating policies
chal notions of womanhood (Hayman 2006:231-
aimed at adhering to normative femininities, the
237). Regarding the latter, Pollack (cited in Dell et
Commission, as well as the government response to
al. 2009) makes clear that despite focus on women
it, recognised that most proposals could also be ap-
empowerment, women felt that men coming out of
plied to male prisons. Recommendation four is one
prison were better equipped to obtain employment.
example of this (Goodkind 2009). This is a progres-
Women were seldom taught trades such as elec-
sive step towards diluting the narrative scope of the
tronics, small-appliance repair or carpentry. Ra-
Canadian gender-responsive approach. Further-
ther, they were given cooking, cleaning, and
more, the Commission also takes into account the
European and Russian Affairs
12
The Scottish Commission on Women Offenders
high incidence of mental health issues in impris-
nurtured and ‘behave’ appropriately (Rose 1999).
oned females and its role in criminalising women.
In addition, by teaching women how to govern their
Examples of this is illustrated through recommen-
children, these schemes govern the women them-
dation 7, stating that mental health services should
selves. Women are expected to take responsibility
be developed to facilitate women with borderline personality disorder (extended to prison), and recommendation 11 calls for mental health training for all correctional staff (among others). Furthermore, the Scottish proposal accounts for women who commit very severe crimes. Unlike in Canada, where these women were placed in male institutions, the Commission states that smaller specialist prisons should be created for those women serving a statutory defined long-term sentence (The Scottish Government 2012a; 2012b). We thereby see an attempt to recognise that the incarcerated women do not adhere to a specific female norm. With regards to conditioning patriarchal stereotypes, it is apparent that the Commission on Women Offenders still draws heavily on relation theory when determining needs of female prisoners. Great emphasis is put on the relationship between a mother and her child (Goodkind 2009). For example, the Commission proposes to extend resources for mother–baby units and family visit centres. Furthermore, in the service redesign section it is stated that services should encourage healthy family functioning between mothers and children. In response to evidence demonstrating that intervening in the early years of life will have a significantly higher impact on reoffending rates than intervening later in life, priority is given to women learning anger management, cooking, cleaning and childcare. While offending prevention in the form of parenting programming is not part of the Commissions remit, it still prioritises activities relating to evidence-based support for parents caring for young children. The emphasis on relationships fosters discipline and responsibilisation. It expects women to train and regulate their children to ensure they are
for “putting things right in the future” (HannahMoffat 2007). These penal interpretations are aligned with a strand of feminist thinking known as ‘commercialised feminism’, which promotes empowerment and independence through self-change (Dell et al. 2009). This model locates problems within the individual rather than challenging structural injustices (Goodkind 2009). In other words, instead of identifying why only 17 percent of children whose mothers are incarcerated have the opportunity to live with their father, imprisoned mothers are conditioned to ‘fix’ the problem upon release. In recognising the urgent need to reduce women reoffending, Scotland’s attempts to follow the trend of pushing for more gender sensitivity in female corrections was outlined by the Commission of Women Offenders. Similarly to Canada, priority lies in shifting away from entrenched patterns of having male prisons as a referent point. Canada created a new female norm; as has been demonstrated above however, this subjugated female identity failed to account for the plurality of female identities, reflected a hybridised model of rehabilitative and retributive means of punishment and reinforced and conditioned patriarchal stereotypes. While the Scottish Commission attempts to extend the scope in which gender responsive approaches are situated, it continues to rely heavily on relation theory. Conditioning women into being good mothers reinforces the idea of gendered governance and aiming to promote empowerment through self-change aligns with notions of commercialised feminism. This is a problematic approach as it fails to account for structural inequalities. Furthermore, the Commission on Women Offenders does not manage to resolve the rehabilitative-retributive dichotomy. In
The International Academic
13 conclusion, before these major concerns are recon-
Haney, L.A. (2000) ‘Gender, Welfare, and States of
ciled, this report fears limited impact of the Scottish
Punishment’, Social Politics: International Stud-
government’s approach with regards to empower-
ies in Gender, State and Society, 11(3), pp. 333-
ing incarcerated women. Understood in a broader
362.
context, it serves little benefit to address whether there exist more effective ways than prison to reduce reoffending among women since the problem lies not within a facility or institution but in the theory and assumptions upon which it is based.
Bibliography Bloom, B. and Covington, S. (2006) ‘A Summary of
Hayman, S. (2006) Imprisoning Our Sisters: The New Federal Women’s Prisons in Canada, Montreal: McGill-Queen’s University Press. Hannah-Moffat, K. (2000) ’Prisons that Empower: Neo-liberal Governance in Canadian Women’s Prisons’, British Journal of Criminology, 40, pp. 510-531.
Research, Practise, and Guiding Principles for
Hannah-Moffat, K. (2005) ’Criminogenic Needs
Women Offenders’, National Institute of Correc-
and the Transformative Risk Subject’, Punish-
tions, U.S. Department of Justice.
ment & Society, 7(1), pp. 29-51.
Bosworth, M. (1999) Engendering Resistance:
Hannah-Moffat, K. (2007) ‘Gendering Dynamic
Agency and Power in Women’s Prisons, Dart-
Risk: Assessing and Managing the Maternal
mouth: Routledge.
Identities Women Prisoners’, in Hannah-Moffat,
Carlen, P. (1983) Women’s Imprisonment: A Study of Social Control, London: Routledge. Deakin, J. and Spencer, J. (2003) ‘Women behind bars: Explanations and Implications’, The Howard Journal of Crime and Justice, 42(2), pp. 123 -136. Dell C.A., Fillmore C.J. and Kilty, J.M. (2009) ’Looking back 10 Years After the Arbour Inquiry’, The Prison Journal, 89(3), pp. 286-308. Ericson, R. and Haggert, K. (1997) Policing the Risk society, Toronto: University of Toronto Press. Fortin, D. (2004) ‘Program Strategy for Women Offenders’, Ottawa: Correctional Service Canada. Goff, C. (1999) Corrections in Canada, Cincinnati: Anderson Pub. Goodkind, S. (2009) ‘“You Can be Anything You Want, but You Have to Believe It”: Commercial-
K. and O’Malley, P. (eds.) Gendered Risk, London: Routledge Cavendish Publishing. Hannah-Moffat, K. (2011) ’Sacrosanct or Flawed: Risk, Accountability and Gender- responsive Penal Politics’, Current Issues in Criminal Justice, 22(2), pp. 193-215. Heney, J. and Kristiansen, C. (1998) ‘An Analysis of the Impact of Prison on Women Survivors of Childhood Sexual Abuse’, Women & Therapy, 20 (4), pp. 29-44. Rose, N. (1999) Governing the Soul: The Shaping of the Private Self, London: Free Associations Books. Spjeldnes, S. and Goodkind, S. (2009) ’Gender Differences and Offender Re-entry: A Review of the Literature’, Journal of Offender Rehabilitation, 48(4), pp. 314-335.
ized Feminism in Gender-specific Programs for Girls’, Signs, 34(2), pp. 397-422.
European and Russian Affairs
The Scottish Commission on Women Offenders
14 The Scottish Government. (2012a) Commission on Women Offenders: Final ReportAvailable at: http://www.gov.scot/ Resource/0039/00391828.pdf (Accessed 5.3.2017) The Scottish Government. (2012b) The Scottish Government Response to the Commission on Women
Offenders
Available
at:
http://
www.gov.scot/Resource/0039/00395486.pdf (Accessed 5.3.2017)
15
3 Russia Withdraws from Rome Statute: Challenge to 21st Century International Humanitarian Law ANELA GALIĆ
This essay examines the relationship between Russia and the International Court of Justice following accusations that Russian officials have committed war crimes. It addresses the symbolism of Russia withdrawing from the Rome Statute in 2006 and the implications this has for the future of the ICC and international justice. Finally, the author draws upon three cases – the conflicts in Syria, the Ukraine, and Georgia – to analyze the shortcomings of the ICC in relation to prosecuting Russian officials for their alleged crimes against humanity.
T
he International Criminal Court (ICC)
ute due to the allegations that its military commit-
falls between both legal institutions and
ted war crimes in Syria, Ukraine, and Georgia. This
political ones. As such, it must balance
paper will argue that Russia’s withdrawal from the
the need for justice as well as the need
Rome Statute is a symbolic action that undermines
for diplomatic peace between countries. In other
the legitimacy of the International Criminal Court.
words, the ICC often deals with the situations in
Arguably, Russia is posing a threat to the 21st-
which peace stands against justice. Such a situation
century political order as it encourages other coun-
is Russia’s current retraction from the Rome Stat-
tries to follow suit and further undermine the legiti-
European and Russian Affairs
16
Russia Withdraws from Rome Statute: Challenge to 21st Century International Humanitarian Law
macy of international humanitarian law and juridi-
allows a nonparty to accept the court’s jurisdiction
cal institutions.
to investigate a particular allegation on its territory
In order to demonstrate this argument, the essay will outline the functions of the International Criminal Court and Russia’s position in it. Then, an analysis of the situation and the accusations against Russia in mainly Syria and Ukraine, but also in Georgia will be presented. Finally, the essay will analyze the possibility of the prosecution of Russia and the limitations of the ICC in doing so.
Introduction to the ICC and Russia’s Position The International Criminal Court entered into force in 2002, as a “first permanent international tribunal designed to hold individuals criminally accountable” (Rodman 2006:25). The ICC exercises universal international jurisdiction over topics such as genocide, crimes against humanity, war crimes, and aggression (with the definition of aggression being disputed, thus not enforced). The establishment of the ICC was based on the Rome Statute, which came into power after the sixtieth country ratified it. Currently 139 countries signed the Rome Statute, with 122 of them having ratified it (American NonGovernmental Organizations Coalition for the International Criminal Court; 2016.). Whilst a “signature does not bind a State, it does obligate the State to behave in a way which does not render the substance of the treaty meaningless” (International
regardless of whether the accused is party to the treaty” (Rodman 2006:30). It is important to note that the ICC does not exempt high-status individuals from the rule of law. In other words, individuals such as heads of state or military officials can be subjected to prosecution by the ICC (Rodman 2006:34). Bodies that can refer a case to the ICC are the United Nations Security Council, state-party to the Rome Statute, or the Prosecutor Proprio Motu (Brown 1999). At first, all Permanent Five members of the United Nations Security Council opposed establishment of an independent juridical institution with international outreach primarily out of fear of compromising state their sovereignty, as well as of the political implications such a court would have. In 2000, Russia was one of the parties who signed the Rome Statute (never to ratify it); however, in November 2016, it announced it will “withdraw” the treaty entirely, under the allegations of Court bias and political interests (BBC News 2016). It is notable to mention that Vladimir Putin, the president of Russia, is also the Supreme Commander-in-Chief of Russian military forces, making him responsible for many of the military actions carried out (The Constitution of the Russian Federation, Chapter 4: The President of the Russian Federation, Article 83).
Committee of the Red Cross; 2002:12), in the case
Allegations against Russia
of the Rome Statute, ratification puts a state in im-
At the time of writing, there are three main allega-
mediate jurisdiction of the ICC. Furthermore,
tions of war crimes against Russia: the Syrian con-
“under Article 12, the court can only hear cases if
flict, the conflict in Ukraine and the conflict in
the accused is a national of a party to the treaty or if
Georgia. The following section will proceed to out-
the alleged crime takes place in the territory of a
line each case and the possible political and legal
state party” (Rodman 2006:30), with two exception
repercussions for Russia that each of them carries.
“first, Article 12(2)(a) allows the prosecutor to investigate non-parties if the alleged crime takes place over the territory of a party to the treaty” (Rodman 2006:30), and second, “Article 12(3)
The Syrian conflict started in 2011, with Russia being one of the biggest secondary parties supporting Assad’s regime. Russia’s involvement involves supplying the regime with military equipment and car-
The International Academic
17 rying out bombing actions of their own. Lately,
flict between Ukraine and the Russian Federa-
prompted by the frustrations of long lasting war
tion” (Moscow Time 2016). According to the latest
and lack of permanent solution, Western countries
report by the United Nations, “at least 9,600 people
have been more direct and aggressive with their
were killed in the conflict in Eastern Ukraine since
allegations that Russia has committed war crimes
April 2014 and hundreds of thousands are dis-
in Syria. High profile officials such as Boris John-
placed” (Moscow Time 2016). The Russian Govern-
son- UK’s Foreign Secretary (Radio Free Europe
ment has denied any involvement (Moscow Time
2016), Samantha Power- US ambassador to the UN
2016).
(Borger 2016), and François Hollande- President of France (BBC News 2016) have openly suggested that Russia’s actions in Syria should be regarded as war crimes. They were joined by Ban Ki-moon (UN Secretary General) who has “repeatedly called for the Syrian conflict to be referred to the International Criminal Court,” and John Kerry (US Secretary of State) who has “called for Russia and Syria to face war crime investigations for their bombing of civilian targets” (Borger 2016). In November 2016, Human Rights Watch released the information that
In 2008, Russia was involved in a conflict in Georgia, where it supported South Ossetia’s attempt to gain independence. More than 500 civilians lost their lives, with another 192,000 being displaced (Ministry of Foreign Affairs of Georgia; 2015). The investigation was started by the International Criminal Court, stating that “it would investigate possible war crimes in Georgia - which is a member of the court - by all parties, including Russian armed forces” (Nechepurenko 2016).
the “airstrikes by the joint Russian-Syrian military
Analysis of the Cases
operation had killed dozens of civilians, mostly
Russia’s involvements in Syria, Ukraine and Geor-
of October
gia have been the latest controversies in which Rus-
2016 (Human Rights Watch; 2016); Amnesty Inter-
sia has been accused of war crimes, and all three
national was another party to suggest that they
have been brought to attention within the ICC.
have documented cases of the war crimes carried
However, due to Russia’s political influence within
out by Syrian Government in collaboration with
the court, ICC has little chances of prosecuting offi-
Russia (Radio Free Europe 2016). Vladimir Putin
cials from the Russian Federation. The ICC sits in
has repeatedly denied the allegations indicating
the middle of the purely legal and purely political
that they are just “rhetoric” instead of factual infor-
world where it has to constantly balance the trade-
mation (Radio Free Europe 2016).
off between justice and peace. The three cases indi-
schoolchildren in Idlib (Syria) on
26th
The armed conflict in Ukraine “began on February 26, 2014, when Russia deployed members of its
cate Russia’s symbolic withdrawal from the Rome Statute.
armed forces to gain control over parts of the
Russia has never ratified the Rome Statute, mean-
Ukrainian territory without the consent of the
ing that the only case in which its war crimes can be
Ukrainian Government (Power 2016). In the annual
investigated is if the country where the crimes were
report on Preliminary Examination Activities
committed ratified the Statute or the ICC permis-
(2016), issued by ICC Prosecutor Fatou Bensouda,
sion to investigate. Like Russia, Syria never ratified
it is stated that “the information available suggests
the statute and the Syrian government also collabo-
that the situation within the territory of Crimea and
rates with Russian military forces against the rebel
Sevastopol amounts to an international armed con-
groups. Furthermore, Syrian government has been
European and Russian Affairs
18
Russia Withdraws from Rome Statute: Challenge to 21st Century International Humanitarian Law
accused of war crimes against its own citizens, thus
above analysis is similarly applicable to the case of
making the potential of it allowing the investigation
Georgia, with the only difference being that Georgia
of the crimes within its territory by the ICC unfore-
is the member of the ICC thus allowing the investi-
seeable in any near future. The only exception
gation on its territory (International Criminal Court
would be if the Syrian conflict would yield a new
2016).
government which wishes to investigate these crimes, but this is not a certainty especially since it is possible that any new regime may have broken international law as well. A second possible solution would be to establish a special Criminal Tribunal for Syria. Such a tribunal can be created by the United Nations Security Council. However, this is also improbable as Russia is one of the Permanent 5 on the Council and therefore holds veto power. It would proceed as in 2014, when both China and Russia vetoed the UNSC’s attempts to investigate crimes in Syria, proving the impossibility of establishing the Tribunal. Therefore, it can be concluded that Russia, and specifically Putin himself, are not likely to be tried by the ICC. The Ukraine also has never ratified the Rome Statute, but under the Article 12(3), it did allow the court’s jurisdiction to conduct the investigation within its territory of crimes committed after February 20, 2014 (Nechepurenko 2016). Potentially, this could yield the incrimination of Russian officials by the ICC. On the other hand, there remain two obstacles to implementing justice. Firstly, countries that are not members of the ICC are not obligated to extradite a suspect to the ICC. For example Sudanese president Omar al-Bashir, who is wanted by ICC for his war crimes, is still able to travel without being detained and extradited, as the countries he visits are not part of the ICC. A notable mention is the case of South Africa, which withdrew from the court due to the scandal of al-Bashir’s visit
Withdrawal as a Symbolic Act Conclusively, it can be said that there are no real threats to Russia’s officials since Russia never ratified the statute, holds veto power with the UNSC and is protected by its international status as a superpower. The withdrawal of Russia from the Rome Statute is therefore symbolic in nature. Such an act further undermines the status of the ICC and prevents universal justice from being secured. The above-mentioned obstacles towards achieving justice question the ICC's legitimacy, as the scope of its jurisdiction is limited. Furthermore, countries such as Gambia, South Africa, and Burundi are leaving the ICC and it is suspected that many more will follow suit after Russia’s withdrawal. On the other hand, it is important to acknowledge all of the successful prosecutions that have taken place since 2002, as well as what the International Criminal Court means regarding the state of international justice. It shows the willingness of the international community to compromise their sovereignty in the name of human rights and humanitarian rights. For example, powerful countries such as the UK have not left the court, even though their own international crimes have been investigated by the ICC, such as the ones committed in Iraq between 2004 and 2007. Finally, even though the ICC does not always act due to political reasons, it still gives hope to the victims of these crimes that one day they might receive justice.
(The Guardian 2016). Secondly, it is unlikely that
Conclusion
any high profile Russian official will be indicted, as
In conclusion, although it does not have any real
that would threaten international political stability, since it could decrease Russia's cooperation regarding other issues, such as the conflict in Syria. The
and immediate implications on Russia’s officials, Russia’s withdrawal of the Rome Statute is a sym-
The International Academic
19 bolical act seeking to undermine the International
Nechepurenko, I. (2016) ‘Russia Cuts Ties With In-
Criminal Court by preventing the pursuit of justice
ternational Criminal Court, Calling It ‘One-
regarding the investigation of war crimes. By with-
Sided’’, [Online] The New York Times, Available
drawing its co-operation from the ICC, Russia has
at:
signaled a change of approach to the international
world/europe/russia-withdraws-from-
justice system, consequently leaving any alleged
international-criminal-court-calling-it-one-
war crimes committed by Russian forces in Syria,
sided.html
the Ukraine and Georgia Without possible recourse.
https://www.nytimes.com/2016/11/17/
Rodman, K. (2006) ‘Compromising Justice: Why the Bush Administration and the NGOs Are Both
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[Accessed 16.11.2016]. Radio Free Europe. ‘Q&A: Amnesty Suspects Rus-
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[Online] Available at: http://www.bbc.co.uk/
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Power, B. (2016) ‘Hague Report Points at Russian Ukraine Armed Conflict’, UT Ukraine Today. Human Rights Watch (2016) ‘Syria/Russia:School Attack a Possible War Crime’, hrw.org [Online] Available
at:
https://www.hrw.org/
The Constitution of the Russian Federation. Chapter 4: The President of the Russian Federation, Article
83,
[Online]
available
at:
http://
www.constitution.ru/en/10003000-01.htm The Guardian (2016) ‘South African court rules fail-
news/2016/11/06/syria/russia-school-attack-
ure to detain Omar al-Bashir was 'disgraceful',
possible-war-crime
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Committee
of
the
Red
Cross.
‘International Humanitarian Law: Answers to your Questions’, redcross.org [Online] Available at:
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European and Russian Affairs
20
4 Afghanistan and the 21st Century ISRARULLAH KHAN
The author seeks to uncover the reasons behind the instability in Afghanistan through a theoretical comparison of three international relations theories’ explanations. The article approaches the topic through three lenses: realist, Marxist and Copenhagen School and examines the instability in relation to hard power, materialistic gains and the relationship between Pakistan and Afghanistan. Rather than offering definitive answers, the article seeks to exhibit that the current conflict can only be addressed by evaluation of the multiple factors that have led to instability in Afghanistan.
A
fghanistan has not been welcomed by the
21st
jured in the first six months of 2015. Over seventy
century. The beginning of this
percent of civilian casualties were attributed to the
century brought with it the miseries of
Taliban and other armed insurgent groups and
extremism and devastating terrorist
roughly sixteen percent to pro-Afghan government
attacks. Thousands of Afghans and foreign troops
forces. Furthermore, the Ministry of Women Affairs
have lost their lives whilst women’s rights have con-
registered thousands of violations against women’s
tinuously been abused. The UN Assistance Mission
rights during the same year (Amnesty Internation-
in Afghanistan (UNAMA) released records stating
al, 2016). Ironically, Afghanistan was once the em-
that 1,592 civilians were killed and 3,329 were in-
blem of moderate Islamic nations. ‘Afghan women
The International Academic
21 were first eligible to vote in 1919, only a year after
wary of foreigners and especially hostile against
women in the UK were given voting rights, and a
foreign invaders. He refers to historic invasions,
year before the women in the United States were
including those of Alexander the Great and the ag-
allowed to vote. In the 1950s, purdah – gendered
gressive response of the Afghan people in defending
separation – was abolished’ (Amnesty Internation-
their homeland. The realist argument is made that
al, 2013). Following this change in social structure,
the animosity of Afghanistan against (perceived)
the question arises as to what caused Afghanistan’s
threats is also a form of defense. Another realist
transition from a relatively peaceful and open state
argument revolves around the core concept of pow-
to an unstable, extremist state. Can the historic ag-
er and the constant acquisition of more relative
11 th
power. This links directly to the rise of the terrorist
attack be the sole reason for the radicalization of
organization Al-Qaeda, which is comprised of the
Afghan Society and the rising threat of terrorism in
Taliban. Before November 2001, Afghanistan was
the country? Or are there other historically contrib-
ruled by the Taliban (an Arabic word which means
uting factors that have led to this instability? Af-
‘seeking’). The Afghani Taliban, trained and educat-
ghanistan’s
Karzai,
ed in Pakistan, emerged amid the Afghanistan Civil
blamed Soviet Russia, Pakistan, Iran and NATO for
War in 1996, soon controlling most Afghanistan’s
the destruction of Afghanistan and the rise of the
territory. The Taliban gained populous support fol-
Taliban (Siddique, 2014:10). This essay will ana-
lowing their rhetorical appeal of implementing Is-
lyze both past and recent events to evaluate the
lamic Sharia’ Law. The Taliban insurgence was wel-
contexts of terrorism in Afghanistan. Focus will be
comed by US policy makers because they viewed
given to approaches from three different schools of
the Taliban as a mechanism that would contain and
thought, encompassing the Realist View, the critical
hinder Iran and Russian interests (Najoumi,
Marxist’s View and the Frankfurt School Critical
2002:199). Similarly, at the same time when Wash-
Theorist’s view as these provide a structural foun-
ington was sympathetic to the Taliban’s regime,
dation for identifying the sources of instability in
Osama Bin Laden and his Al-Qaeda organization
Afghanistan.
were
gressions of the US following the September
former
president,
Hamid
Realists claim that history tends to be an enduring factor and that humans are egotistic and powerseeking creatures, easily falling victim to desires and impulses that cannot be restrained by reason or moral consideration (Heywood, 2014: 31). Viewing the current crisis in Afghanistan through a realist lens demonstrates the sudden hostility of Afghanistan against the Western World, particularly the
enjoying
safe
sanctuaries
in
Afghani-
stan. However, in the aftermath of 9/11, when the US invaded Afghanistan, Al-Qaeda and the Taliban joined forces to defend against foreign threat and to safeguard their field of power within Afghanistan. By examining the case of Afghanistan, realists conclude that the terrorist activities and the lack of moral considerations of terrorist regimes are simply the means to which they acquire power.
United States. The radicalization of Afghan society
In contrast to realist view, Marxists claim that the
can be traced back to the American invasion of
driving forces in history are material or economic
2001. The United States justified their intervention
factors (Heywood, 2014: 31). It is important to note
on the grounds of national security and establishing
that Marxism is irrelevant when purely analysing
world peace (George W. Bush, 2001). Holt (2005)
the motives behind terrorism, primarily because
notes that Afghanistan has always been intrinsically
the Taliban seek religious supremacy and the en-
North African and Middle Eastern Affairs
Afghanistan and the 21st century
22 forcement of Sharia’ Law rather than material
traced back to the British colonial era. In 1893,
gains. However, although the Marxist perspective
Britain established a divisional line within the
does not adequately address modern evolutions of
Pashtun ethnicity of Afghanistan. This divided the
terrorist motives, it does provide an understanding
territory of Pashtuns between Afghanistan and pre-
of the conditions that led to the emergence of ter-
sent day Pakistan (Shroder, 2014: 280). By 1978,
rorist ideology in Afghanistan. Historical analysis of
the articulation of irredentist Pashtun territory de-
the US invasion can be interpreted from a Marxist
teriorated the relationship between Pakistan and
critique in the sense that it was the material drive of
Afghanistan (Bezhan, 2014). However, how does
the United States that created the conditions for the
the Pak-Afghan relationship relate to the current
emergence of extremism in the region. Following
development
the Soviet invasion of 1978, President Carter pro-
Throughout the course of the 21st century, Pakistan
nounced that “there is no doubt that Soviet’s move
played an obstructive role in disintegrating the uni-
into Afghanistan […] would result in control over
ty of Afghanistan to maintain its territorial integri-
[…] world’s Oil supplies” (Carter in Bradshir,
ty. Following the Soviet withdrawal in 1988, the
1985:192). This implication reveals that the United
integration of various Mujahideen groups could
States was more concerned with the Gulf’s oil ra-
have formed a stable government in Afghanistan;
ther than the plight of the Afghan people. As a reac-
this idea, however, was never supported by Paki-
tion to the Soviet invasion, the United States sent
stan as they believed that a nationalistic govern-
advisors to Pakistan where they openly encouraged
ment would pose a threat to their disputed territo-
Afghan refugees and the bordering Pashtuns to
ry. To prevent that threat, Pakistan trained, sup-
fight against the invading forces in the name of Is-
ported and later provided a refuge for the Taliban
lam (CNN, 1999). Additionally, with the coopera-
following the US invasion of Afghanistan. Prime
tion of Saudi Arabia and Bin Laden, the US brought
Minister’s senior aide Sartaj Aziz has said for the
Arab fighters into Afghanistan, which would later
first time publicly that the Afghan Taliban’s leader-
set the foundation for Al-Qaeda’s rise to power. Ac-
ship enjoys a safe haven inside Pakistan, which Is-
cording to Najoumi (2002: 227); “Bin Laden was
lamabad uses as a “lever” (Express Tribune, 2016).
instrumental in build[ing] training camps and Bun-
Arguably, the tensions between Pakistan and Af-
kers, and his project received U.S funds”. Marxist
ghanistan, and the reactive measures taken by Paki-
critique comes from the fact that the United States,
stan, can be traced back to actions of the British in
motivated by their capitalist desires and their oppo-
1893. If the territory had not been divided by Brit-
sition to the Soviet Union, caused further instability
ain, Pakistan may have not feared losing its land,
in the region, leading to the formation of various
and therefore, not have seen the need to support
extremist groups.
and strengthen the Taliban cause.
Furthermore, the Frankfurt School Critical theory
The history of Afghanistan is plagued with tremen-
offers additional explanations behind contempo-
dous suffering; millions have died or been displaced
rary terrorism in Afghanistan. According to Frank-
following the Soviet invasion of 1978. Following the
furt school critical theorists, “in addition to materi-
US invasion of Afghanistan, the instability of the
al factors, states and the relation between states can
country has facilitated the rise of extremist groups
also influence the course of history” (Heywood,
such as the Taliban. Multiple theories exist at-
2014:31). Here, the focus of analysis is the relation-
tempting to explain how the situation in Afghani-
ship between Pakistan and Afghanistan, specifically
stan could deteriorate to the current state of vio-
of
terrorism
in
Afghanistan?
The International Academic
23 lence. Realists blame the Taliban for their lust for
Express Tribune (2016) 'Afghan Taliban Leadership
power and self-interested nature. Conversely,
is in Pakistan admits Sartaj', Express Tribune.
Marxists blame the economic interests of the Unit-
[Online] Available at: http://tribune.com.pk/
ed States, primarily their oil interests in the Gulf,
story/1058595/afghan-taliban-leadership-is-in-
for laying the groundwork for the rise of terrorism
pakistan-admits-aziz/
in Afghanistan. Another theory is all together pre-
[Accessed 2.11.2016].
sented by the Frankfurt School that put blame on the strained relationship between Pakistan and Afghanistan. The answer to understanding the reoccurring terrorist attacks and constant human rights violations lies in a combination of these theories. Furthermore, the historical analysis of Afghanistan through the lens of different theories suggests that peace in Afghanistan cannot be solved through war but only made possible through diplomacy. Therefore, to prevent Afghanistan from remaining a terrorist state in the future, political negotiations between the divided factions within the country are necessary. Similarly, a more cooperative approach from Pakistan is needed. To conclude, the current conflict can only be addressed by evaluating the multiple factors that have led Afghanistan to become a terrorist state.
Bezhan, F. (2014) The Pashtunistan Issue and Politics in Afghanistan, 1947–1952, The Middle East Journal, 68(2), pp. 197-209. Bradsher, H. S. (1985) Afghanistan and the Soviet Union, 2nd ed., Durham, Duke university press. Heywood, A. (2014) Global Politics. 2nd ed., London, Palgrave MacMillan. Holt, F. (2005) Into the Land of Bones: Alexander the Great in Afghanistan (1), University of California Press, Berkeley, US. Maloney, S. M. (2015) ‘Army of darkness: The jihadist training system in Pakistan and Afghanistan’, 26(3), pp. 518-541. Najumi, N. (2002) The Rise of Taliban in Afghanistan. 1st ed. Newyork: Palgrave Macmillan.
Bibliography
Siddique, A. (2014) The Pashtuns, 1st ed., Haryana,
Amnesty International UK (2013) ‘Women in Af-
Shroder, J. F. (2014) Natural Resources in Afghani-
ghanistan: the back story', Amnesty Internation-
stan: Geographic and Geologic Perspectives on
al
Centuries of Conflict, 1st ed., San Diego, Elsevier.
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North African and Middle Eastern Affairs
24
5 The Islamic State: Between Statehood and Terrorism ANDRA-ECATERINA BOCA
This article examines the legitimate status of ISIS. The focus is on the discussion of the extent to which ISIS satisfies internationally-accepted criteria for statehood, arguing that ISIS does not qualify as state but can neither be classified as a regular terrorist organisation. The article identifies the problem of definition for this type of actor and the lack of a satisfactory and widely accepted classification for international terrorism. It is concluded that there is a need for a legal definition and that it remains crucial for the international community to agree upon the legal implications of such a non-state actor.
T
he Islamic State of Iraq and Syria (ISIS)
underline the startling rate at which ideological
has become an international phenome-
radicalisation has enabled ISIS to control a popula-
non in the past decade, one that is wor-
tion, territory and funds, transgressing state bor-
thy of more in-depth analysis than the
ders and outpacing legal precedence in terrorist
usual headline-grabbing titles. It has provoked
threats (Yihdego 2015). There remains no doubt
shock and terror not only for the population it has
that the international community needs to define
claimed without consent, but also for the interna-
this type of actor in the framework of international
tional community - through transnational radicali-
law, sooner rather than later. In the spirit of this
sation and terrorism. Publications on this subject
ambition, this essay will discuss the extent to which
The International Academic
25 ISIS satisfies internationally-accepted criteria for
Convention. The case of Northern Cyprus, however,
statehood. I will argue that ISIS does not qualify as
is by a great measure less violent and less complex
state, eschewing basic criteria for this legally-
than that of the territory occupied by ISIS in Iraq,
charged term, but can neither classify as a regular
Syria and other states. For the purposes of this
terrorist organisation, a term complicated by the
analysis, we can delimitate the particularities of
lack of a satisfactory and widely accepted defini-
population and territory to the same regime of
tion.
thought: in what concerns both Northern Cyprus
In order to decide whether ISIS can be proclaimed a state in international law alongside the recognition doctrine in legal studies, this essay will use Article 1 of the 1933 Montevideo Convention on the
and Islamic State, the population and territory were unlawfully used to "create" a state. As such, the entities will not hold the same legal personality as an established state in international law.
Rights and Duties of States, which codifies a work-
In what concerns the existence of a functional gov-
ing definition of statehood and is part of interna-
ernment and capacity to enter into legal relations
tional customary law (Lauterpacht 2012:419). The
with other states, the legal personality of ISIS is dis-
following criteria make the object of Article 1: a per-
puted not only by the "domestic" population it oc-
manent population; a defined territory; a govern-
cupies, but also by the international community.
ment; capacity to enter into legal relations with oth-
Firstly, ISIS has made clear its goal to establish a
er states (Council on Foreign Relations, 1969).
caliphate, a state encompassing the entirety of the
First of all, within the confines of the Convention, it might be argued that ISIS essentially owns a permanent population and a defined territory, notwithstanding the violent means of creation of these boundaries. Another comparable case in the history of international law is the creation of "the Turkish Republic of Northern Cyprus" in 1983. As its statehood was proclaimed after its invasion by Turkish troops and eviction of the Greek Cypriot population, the international community alongside with the UN have strongly condemned the island's means of coming to existence, now especially evident through the fact that only Turkey of all states recognises
the Republic
as
such
(Papadakis
2003:263). Therefore, although Cyprus is constituted of a population and territorial boundaries and boasts a functional government, as well as relations with Turkey, it can barely display any legal personality - the international community does not recognise it in protest to its militarized means of occupation and its lack of compliance with the Geneva
Islamic community. Under Sharia law, a product of old Islamic tradition that makes no distinction between state and religious sovereignty, there is arguably more than enough room for dissonance between Westernized international law and Islamic dictates (Saikal 2008:77-84). However, it is crucial to understand that this is not the case for ISIS. Its militarized claim of territory in Middle-Eastern countries is in definite contradiction to Sunni Islam belief that it preaches. As head of a caliphate, a caliph should be elected in a democratic manner by all Muslims and Muslim representatives, which is by no means evident by the aggression and constraints exhibited in ISIS's occupation. Further Islamic scholarship has chastised ISIS (McDowall 2014), implying to the international community that their claims to caliphate are void even by the religious law it preaches. As such, the argument that ISIS might a result of a clash between Sharia law and an international setting does not hold (Coleman 2014:5-6). Furthermore, their governance over the "caliphate" population and territory
North African and Middle Eastern Affairs
The Islamic State: Between Statehood and Terrorism
26 has been shown to lack legitimacy, with very few
logical quagmire, by severing an agreed le-
resources dedicated to providing actual services to
gal meaning from the remainder of the elas-
its population, and substantial financial reward for
tic, political concept. Ultimately it must do
military personnel (Jones et al. 2015:3). By its
so without criminalizing legitimate violent
treatment of the occupied population, it can be in-
resistance to oppressive regimes – and be-
ferred how ISIS's rule is a militarised authoritarian
coming complicit in that oppression.” (Saul
body, rather than a valid form of governance.
2008:11)
On the other end of the spectrum, there remains
For the lack of a universally accepted definition of
the question of whether or not ISIS should classify
terrorist organisations in international law, our
as a terrorist organisation under international law.
subject is to stand in comparison to al-Qaeda,
To date, various officials have endeavoured to find
which has been named by the Security Council’s
a name for ISIS: Barack Obama has proclaimed
Resolution 1267 (1999) a “network of terrorist
ISIS as “certainly not a state,” but “a terrorist or-
training camps from Taliban-controlled territory” –
ganization, pure and simple” (Obama 2014). On the
essentially a terrorist organization – as well as by
other hand, a tendency is increasingly recognisable
NATO (Robertson 2001) and various states. It
to identify ISIS as a powerful militia that “uses ter-
should first be acknowledged that ISIS stems from
rorism as tactic” (Cronin 2015) and as “an advanced
al-Qaeda, who had similar ambitions to create a
military leadership” (Baker & Vick 2014). How sim-
“caliphate,” but are officially two distinct entities
ilar or different is then ISIS to a terrorist organisa-
(Sly 2014). What is most similar between the two is
tion?
that, although they have both occupied and claimed
There is no all-encompassing, universally accepted legal definition of terrorism, terrorist acts and terrorist organisations. While there has been consensus in some cases, such as the 9/11 terror event claimed by al-Qaeda in the U.S., the looseness of this term has been criticised by scholars as prejudice-creating and victim to political stakeholders in individual states: “Terrorism currently lacks the precision, objectivity and certainty demanded by legal discourse. Criminal law strives to avoid emotive terms to prevent prejudice to an accused, and shuns ambiguous or subjective terms as incompatible with the principle of non-retroactivity. If the law is to admit the term, advance definition is essential on grounds of fairness, and it is not sufficient to leave definition to the unilateral interpretations of States. Legal definition could plausibly retrieve terrorism from the ideo-
population and territory, both al-Qaeda and ISIS operate in domestic and foreign settings for both recruiting and executing terrorist activity. This fact is evident from the very finances that ISIS operates on, employing fighters on two categories of payroll: domestic and foreign (Jones et al. 2015:3). Another similarity is their ideological, pseudo-religious, dictates. In the eyes of the international community, the emergence of al-Qaeda had made itself distinct to other terrorist groups in that it followed more ideological, rather than profit-oriented goals. ISIS has continued its activity with the same approach. On the other hand, unlike al-Qaeda, it has displayed an indiscriminate attitude to violence and massacre: it has terrorised the Western world, as well as an incongruous mass of people of diverse nationalities and religious beliefs across the globe (Yihdego 2015). It is thus crucial for the international community not to ignore such a stark contrast between al-Qaeda and ISIS, which should deem the latter a legal precedent for the future.
The International Academic
27 A major cause for concern in the international com-
apprehensible for the international community; in
munity should be the legality of self-defence against
the same manner, if they employ terrorist methods
such an unpredictable and ruthless international
to reach their ends, this does not prove necessarily
actor. Vastly distinct to al-Qaeda crimes, their kill-
that they are a regular terrorist group. The next
ings are haphazard, difficult to foresee and have not
step is to ultimately increase proximity to issues
been, arguably, encountered in a legal standing. As
arising from definitional insufficiency, such as rea-
such, the justification of self-defence in the face of
sonable mechanisms and interpretation of the le-
ISIS is largely disputed (Yihdego 2015). Dangerous-
gality of self-defence in the face of such entities,
ly even, the lack of clarification of self-defence
and, consequently, to validate transnational actors
against this actor led to broad interpretations of
such as ISIS in the international legal scene.
legal terms, and consequentially, to cases such as
Bibliography
the British drone killing in Syria in August 2015 of two British citizens planning an “imminent attack” which was “instant, overwhelming, and leaving no choice of means, and no moment for deliberation” (Lang 2015:9), although no evidence was provided to the Security Council. While actions to date clearly establish that ISIS is formed of individual persons guilty of and liable to be prosecuted for terrorist acts, there remains a striking gap in international criminal law, both in the lack of an official and coherent definition for terrorism, terrorist organisations, as well as a clear distinction in international actors, such as ISIS, a
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at:
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tikrit-isis-baghdad-mosul/ [Accessed 23.10.2016]. Coleman, A. (2014) The Islamic State and International Law: An Ideological Rollercoster?, Social Science Research Network (SSRN), pp. 5-6, [Online] Available at: http://dx.doi.org/10.2139/ ssrn.2516605 [Accessed 23.10.2016].
regional and transnational perpetrator of terrorist
Cronin, A. (2015) ‘ISIS Is Not a Terrorist Group’,
acts and crimes against humanity, demonstrably
Foreign Affairs, Council of Foreign Relations:
different to al-Qaeda.
Danvers, MA, USA, March/April 2015 Issue,
In conclusion, it remains crucial for the international community to agree upon the legal implications of a non-state actors, not only in deciding their criminal offences as punished by customary
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international law, but also to create a precedence
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for unbeknownst transnational networks that are
suit of Statehood Squeezes 'Citizens'’, Financial
emerging today, with both belligerent and peaceful
Times,
aims. The first step is to acknowledge limitations,
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Questions, House of Commons Library, p. 9,
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al Law, Cambridge: Cambridge University Press,
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Montevideo Convention on the Rights and Duties of States, CFR.org, Council on Foreign Relations, 31 Dec. 1969, [Online] Available at: http:// www.cfr.org/sovereignty/montevideoconvention-rights-duties-states/p15897 [Accessed 10.2.2017].
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www.washingtonpost.com/world/middle_east/ al-qaeda-disavows-any-ties-with-radical-islamist -isis-group-in-syria-iraq/2014/02/03/2c9afc3a8cef-11e3-98ab-fe5228217bd1_story.html [Accessed 19.10.2016]. UN Security Council, (1999) Resolution 1267
McDowall, A. (2014) ‘Saudi Arabia’s Grand Mufti denounces Islamic State group as un-Islamic’, Reuters,
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faithworld/2014/08/25/saudi-arabias-grandmufti-denounces-islamic-state-group-as-un-
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29
6 Transforming the Image of Women from Victims to Agents of Peace: Focus on the Philippines IVERLY VIAR ANA NATIVIDAD
This article presents an addition to the literature on the importance of women in peace processes. Realising the disproportionate effect of armed conflict on women, the authors argue for further emphasis on women’s roles as active agents of peace. Through the consolidation of key legal conventions and qualitative research conducted in conflict-ridden areas of the Philippines, this article asks for a transformation of the view of women in conflict and for the recognition of women in restoring peace and security in the 21st century.
T
his article argues for the expansion of
flict on women. Next, the paradigm shift at the in-
the peacebuilding approach through
ternational level will be examined by discussing the
the greater inclusion and considera-
various UN Resolutions on women, peace and secu-
tion of women’s contributions and
rity. This narrative on women and peace will be
perspectives. From the local to national level, wom-
continued by presenting an analysis of the experi-
en’s participation in peace tables and various peace
ences of women from the Philippines who have ex-
mechanisms have risen, signifying a greater need
perienced armed conflict in order to illustrate the
for a transformation of the approach from restrict-
roles that women take on in terms of conflict reso-
ing women to the role of victims of armed conflict
lution and conflict prevention. These women are al-
to recognising their proven abilities as active agents
ready actively engaging with the conflict situation
of peace in the 21st century. An overview will be
in their respective communities by performing a
given on the disproportionate impact of armed con-
wide array of roles. However, despite their efforts,
Asian-Pacific Affairs
30
Transforming the Image of Women from Victims to Agents of Peace: Focus on the Philippines
their contributions remain unacknowledged. This
secondary concerns (McCarthy 2011:28). According
paper then proposes that there should be greater
to the UN (cited in El Jack 2003:17), the scarcity of
acknowledgement of such efforts through further
food and its unequal distribution in these facilities
integration of women into peace-building activities.
render women and girls more vulnerable to malnu-
Women and Armed Conflict Armed conflict and its consequences incontestably cause disorder and suffering to people and to society as whole. However, it is argued that armed conflict has disproportionate effects on the psychological, physical and reproductive health, dignity, and overall well-being of women (UNFPA 2002:3). Sex and gender-based violence, such as rape, trafficking, sex work, and domestic violence, tend to increase and are even purposely carried out in times of armed conflict. War is strategically waged on the bodies of women through the tactical use of rape to humiliate and undermine the culture of the other party (McCarthy 2011:27). It is also seen as an exercise of power and authority over women (El Jack 2003:18). Consequently, women are more likely to be affected by sexually transmitted diseases including HIV/AIDS (McCarthy 2011:61). More significantly, even after the conflict, women bear lifelong
trition. These circumstances further contribute to the burden and feelings of isolation that women experience amid armed conflict (McCarthy 2011:28). The situation for women in armed conflict is usually perceived through the lens of a victim. However, there are also instances wherein conditions, brought about by the dynamics and context of conflict, influence women to become involved either as combatants or providers of support to the parties in conflict. Conversely, despite fear, insecurity, and the presence of both physical and sexual-related threats that lead to the victimisation of women, there are women actively contributing to the resolution of conflict and the restoration of social order and normalcy in their communities. They encourage dialogue and peaceful resolution of conflicts by acting as mediators and negotiators. Moreover, it is important that these be factored into the various processes and stages of the building and restoration
stigmatisation and discrimination as victims and
of peace and security.
the responsibility of caring for children conceived through rape. This contributes to their continued
From Victims to Active Agents of Peace: Legal Basis
marginalisation in their respective communities
Recent developments in peacebuilding efforts inter-
(McCarthy 2011:27).
nationally and locally reflect the recognition of the
Displacement also affects women disproportionate-
impact of armed conflict on women and the inte-
ly. According to McCarthy (2011:28), there is a
gration of their roles in the various processes of
greater chance for women to be displaced, to expe-
building peace. Such a paradigm shift connotes the
rience food insecurity, and to lose traditional social
transformation of the images of women from vic-
networks during armed conflict. Notably, displace-
tims to potential agents of peace. This was also
ment also shifts social norms and imposes addi-
brought about and is supported by international in-
tional responsibilities onto women as the sole pro-
struments, which in turn provide the legal basis for
vider and protector of the family (El Jack 2003:15).
the transformed perspective.
The traumatic experiences of continued and forced
The Convention on the Elimination of All Forms of
displacement also affects women psychologically.
Discrimination Against Women (CEDAW) has been
Unfortunately, their needs in refugee camps and
the baseline document for equality policies. It
evacuation facilities are undermined and treated as
stresses that affirmative measures should be taken
31
The International Academic
to support and uphold women’s rights as accompa-
a ‘war crime’ or ‘crime against humanity’. UNSCR
nied by legal mechanisms (UNGA 1979). The Bei-
1820 further stated that such acts of violence will be
jing Platform for Action, on the other hand, has a
excluded from amnesty provisions and that a zero-
specific section on women and armed conflict. The
tolerance policy would be implemented on these
review of the outcomes of the Fourth World Confer-
crimes (UNSC 2008). These two resolutions on
ence on Women, also known as Beijing +5, empha-
women, peace, and security were succeeded by Res-
sised that women’s participation should be includ-
olution 1888 on the Protection of Women and
ed in “all levels of decision-making and implemen-
Girls from Sexual Violence in Armed Conflicts
tation of development activities and peace process-
and Resolution 1889 on the Protection of Wom-
es” (UNGA 2000:para 86(b)). The value of wom-
en and Girls in Post-Conflict Situations, which
en’s participation in the prevention and resolution
build on addressing the impact of sexual violence
of conflict was further emphasised by the United
and addressing the needs of women and girls in
Nations Security Council Resolution (UNSCR)
conflict and post-conflict settings, respectively
1325. UNSCR 1325 stresses the disproportionate
(UNSC 2009a; UNSC 2009b) .
impact of armed conflict on women and highlights the recognition of their roles as active agents of peace. The four pillars of protection, participation, promotion, and empowerment embody the main points of UNSCR 1325. It aims to promote measures to protect and uphold women’s rights, especially during armed conflicts, to advance their active and meaningful participation in all processes involved in conflict resolution and restoration of peace and security, to promote the inclusion and mainstreaming of women’s perspectives in policies, practices, and legal instruments and to empower women through the conduct of capability-building trainings. These provisions are addressed to all relevant stakeholders both at the international and local level (UNSC 2000).
Contextualising the Contributions of Women in Building Peace According to Mzvondiwa (2007:102), despite impacting women disproportionately, conflict can also bring new opportunities and spaces for women to expand their role beyond the traditional social norms and in turn produce new social and economic political realities. Women have the capacity to contribute to peace processes; hence, their participation should be encouraged and acknowledged (McCarthy 2011:42). The signing of the peace agreement between the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) is regarded as a crucial juncture to bring an end to the protracted armed conflict in Mindanao and pave the way for the restoration of peace and
In 2008, UNSCR 1820 was passed to expand some
security. The Framework Agreement on the Bang-
of the specific provisions of UNSCR 1325. Resolu-
samoro embodies the roadmap to peace as negoti-
tion 1820 particularly delved on sexual violence in
ated by both parties (Women Preventing War
conflict and post-conflict situations and further un-
Building Peace 2017). The following are stories and
derscored the need to prevent and address sexual
initiatives of Muslim and indigenous women in the
violence (UNSC 2008). According to Renh and Sir-
conflict-affected areas in the Mindanao between the
leaf (2009:4), this change “elevated sexual violence
GPH and MILF to contribute to the decade-long
to the status of a separate security theme with a di-
struggle to build peace in their communities. These
rect bearing on peacebuilding, reconciliation and
were gathered from consultations conducted under
lasting peace”, which, as a result, made any such act
Asian-Pacific Affairs
32
Transforming the Image of Women from Victims to Agents of Peace: Focus on the Philippines
the project called Women Working for Normalization wherein the authors had the opportunity to be involved through working with the organisation called Women Engaged in Action on 1325.
Nario-Galace, 2014: 16). Notably, rido1 was identified as a cross-cutting issue. Rido is pertained to as a cause of and result of conflict
(Natividad,
Viar
and
Nario-Galace
Conflict as experienced by women
2014:15). One striking similarity across the differ-
Political conflict, land conflict, armed conflict, and
ent groups of women involved in the consultations
personal conflict are the most prevalent types of conflict cited by the women involved in the program. The underlying roots of conflict they identified are poverty, power struggles, injustice, and oppression
(Natividad,
Viar
and
Nario-Galace
2014:15). These types of conflict are found to be inter-relational, wherein one may be both a cause and a result of another. Women also associated the incidence of land grabbing, extra-judicial killings, and other problems, such as bombings, theft, kidnap-
is the anecdotal evidence that political conflicts are heavily related to the incidence of rido. One of the underpinning reasons is that local candidates in the area often come from political dynasties, and these candidates are usually involved in politically motivated conflicts. Hence, losses in elections can spark violence among conflicting families. The occurrence of rido is then further embedded into political conflict and intensified by land conflicts and armed conflict and is undoubtedly personal (Natividad,
ping and rape, to the cycle of conflict (Natividad,
Viar and Nario-Galace 2014:16).
Viar and Nario-Galace, 2014: 15-16).
Women in conflict resolution and peacebuilding
Political conflict is said to stem from the perpetuation of political dynasties and drive for power.
Women recognise that they themselves have im-
Competing candidates, oftentimes the incumbent
portant roles in peacebuilding, whether in simpler
and rival parties, are those involved in politically
or more complex matters. While some women are
fuelled conflict, which may result in armed conflict
present in more formal mechanisms such as the
especially
Mindanao
in
areas
faced
with
militarisation
Human
Rights
Action
Center
(Natividad, Viar and Nario-Galace, 2014: 16). Di-
(MinHRAC), others are more informally engaged.
gressing, greed, and personal interests of business-
One woman shared that apart from being a teacher
es or the wealthy class are seen as contributing to
and handling conflicts between students, she is also
burgeoning land conflict, which in some cases in-
called on to handle and help resolve conflict at the
volves land being taken as payment when people
barangay2 level (Natividad, Viar and Nario-Galace
are not able to provide monetary payments. Con-
2014:19). A woman who is a mandatory barangay
flicting boundaries and ancestral domain claims of
representative in one of the towns in Upi, Magu-
indigenous groups also lend complexity to land
indanao, shared that when problems arise, even if
conflicts. Armed conflict is seen as directly resulting
these are minor problems, action is taken to pre-
from other types of conflict such as a political or
vent any further conflict (Natividad, Viar and Nario
clan rivalry but also as a situation fostering other
-Galace 2014:19). Furthermore, women are in-
manifestations of conflict (Natividad, Viar and
volved in initiating consultations, dialogues, and
Rido (also referred to as lidu) are clan conflicts that create patterns of revenge among its members caused by disputes over property, political rivalry, and violation of the family’s honour or dignity (Natividad, Viar and NarioGalace 2014:15). 2 Barangay is the basic unit of the local governance structure which is responsible for the planning and implementation of the ‘policies, plans, programs, projects and activities’ of the government in the community (Chan Robles Virtual Law Library, 1998). 1
33
The International Academic
meetings of elders and heads of family within the
(Natividad, Viar and Nario-Galace 2014:49). Wom-
barangay, the youth, women, families, and con-
en are part of mediation and resolution processes
cerned sectors. There is also advocacy with local
as mediators, arbiters and members of the council
government, wherein women take part in aware-
of elders. It is their aspiration that these, among
ness training, in education, and in holding work-
other indigenous mechanisms, would be taken into
shops and information campaigns in communities.
account in the process of normalisation.
In such meetings, there is a call for women to take part in peacebuilding (Natividad, Viar and NarioGalace 2014:19-20). In contrast, the women have observed that women are present and trained but cannot fully engage due to traditional social and cultural norms. Sometimes, women tend not to voice their views and let the men lead in decisionmaking. This affects the power balance, and the perspective taken on becomes predominantly the male one (Natividad, Viar and Nario-Galace 2014:27). Other means by which women contribute to conflict resolution is through the dawah, a manner by which Muslim women deal with conflicts by bringing people together to dialogue (Natividad, Viar and Nario-Galace 2014:19). Similarly, indigenous women perform rituals and vigils to end violence and take on roles in the process of Tiyawan, a reconciliation and mediation ritual (Natividad, Viar and Nario-Galace 2014:25). Indigenous mechanisms of conflict resolution consider the varying degrees of cases. Tribal customary laws have been documented with corresponding processes and punishments that allow for the efficient resolution of conflicts. There is seekemen, which is the quick and confidential settlement of sensitive cases; Talitib involves the whole community contributing to the penalty so that the victim can be granted kefiyo fedew3 – the two sides need not face each other. Kukum rasam is the settlement of disagreements between family and people with close relations
Women and conflict prevention Forms of Early Warning and Early Response (EWER) are present in communities, yet these practices are not referred to as such. A particular example would be the use of different frequencies of whistles - a long whistle to call attention, two whistles signalling that people must prepare, and three whistles signalling evacuation (Natividad, Viar and Nario-Galace 2014:29). The experiences of women regarding conflict prevention involve traditional and indigenous early warning systems, such as using gongs and drums or tambol as a warning for evacuation and preparation (Natividad, Viar and Nario-Galace 2014:27). Traditionally, there is also a ‘Setawag’ in indigenous communities, a bearer of news (Natividad, Viar and Nario-Galace 2014:27). Furthermore, the culture of indigenous communities is deeply rooted in the land and in nature, and as such, they also consider omens or signs that come from nature or animals as forms of early warning of impending calamities. As for Moro women, their experiences of traditional early warning entail gathering in the house of the Sultan and seeking the advice of elders and responsible people in the community (Natividad, Viar and NarioGalace 2014:28). In preparation for any incident, there is also organising and tasking to determine what the roles of community members will be in a given scenario. In this task, women also take part in identifying evacuation centres and organising safe areas for women and children during times of
This is the indigenous principle of espousing peace of mind in all aspects of life – physical, emotional, and environmental – and is the basis for justice and development in the community. It is also the guiding principle of conflict resolution, in both critical and minor conflicts (Natividad, Viar and Nario-Galace, 2014: 49). 3
Asian-Pacific Affairs
34
Transforming the Image of Women from Victims to Agents of Peace: Focus on the Philippines
armed conflict. As such, they also engage in coun-
and security. Women have emerged as security pro-
selling and therapy when necessary (Natividad,
viders, mediators, facilitators of dialogue, and ad-
Viar and Nario-Galace 2014:20).
vocates for the peaceful resolution of conflict as
Modern counterparts of early warning are also employed in the communities to spread information,
well as leaders as shown by the experiences of women from other countries.
such as cell phones and radio programs. In light of
In the Philippines, the peace process between the
the advantages technology provides in early warn-
GPH and the MILF is an opportunity for women to
ing, verifying information is vital (Natividad, Viar
actively participate in peacebuilding. The signed
and Nario-Galace 2014:28). The circulation of mis-
agreements contain provisions specifically on the
informed warnings must be avoided. The women
meaningful political participation of women. The
emphasised releasing messages using a peace lens,
experiences and perspectives of the women on the
especially in radio (Natividad, Viar and Nario-
ground on issues such as human rights, arms con-
Galace 2014:27).
trol, conflict resolution, policing, healing and rec-
Pulong-pulong, ‘chit-chat’ or informal meetings in common places, like convenience stores and mosques, is also an effective source of information. Knowledge of impending conflict and the like are transferred amongst customers, teachers and people in the mosque. Even vendors have information on the occurrence of petty crimes. The women in Tawi-tawi identified the mosque as a place to obtain information and possible warnings (Natividad, Viar and Nario-Galace 2014:28). Nonetheless, it was expressed that women are sometimes not privy to this information transfer. For example, a woman was told by her husband that she can just pray at home and in effect, she stayed home and missed information shared at the mosque that day.
Con-
versely, it is notable that the women acknowledge
onciliation would be essential in giving context and substance to ‘women’s meaningful political participation.’
Furthermore,
according
to
Noma
(2007:12), women’s narratives, not only as victims but as peacebuilders as well, can be utilised as a tool in pursuing sustainable peace. These narratives can also bring into perspective the best practices, especially at the community level, to address peace and security issues. As such, these narratives can also illuminate how the current peace infrastructures can be transformed. It can also provide insights on additional mechanisms which will be created as the peace process continues. More importantly, their stories emphasise what women are already doing in their respective communities to contribute to peace and security.
that in present times women are no longer as pas-
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37
7 Re-Thinking Health and Species Borders in the Zika Virus RITTI SONOCCO ZACHMANN
This article takes an anthropological approach to the recent outbreak of Zika virus, declared a public health emergency by the Word Health Organization (WHO) in February 2016, proposing a re-consideration of our understanding of ‘health’ and ‘species’. In order to create sustainable solutions to minimise the spread of vector-borne diseases, the author argues for the deconstruction of borders between humans and non-humans, realising the inevitability of entanglement. Building on a recent initiative led by the Eliminate Dengue Project, this article suggests the need for innovative measures that accept revised perspectives on human health and the cohabitation of species.
T
he 21st Century is characterised in
the solution to disease is not the eradication of non-
medical anthropology by a question-
humans but a navigation of co-habitation. At the
ing and dismantling of borders be-
heart of this debate is the Aedes aegypti mosquito,
tween humans and non-humans. Con-
a vector for both Zika and dengue virus, whose role
ferences in the past, such as the 2004 'One World
in microcephaly and biosecurity is exemplary of the
One Health' symposium, have understood 'health'
changing ontologies of borders and humans’ under-
as separate from disease and their vectors (Cook et
standing of social and medical health.
al. 2016). However, anthropologists working alongside epidemiologists are now advocating for an understanding of historical entanglement between species and for a multi-species future, one wherein
The Myth of Species Borders The Zika virus has been a long-term global threat. Identified in Africa in the 1940s, it existed in inter-
Latin American Affairs
38
Re-Thinking Health and Species Borders in the Zika Virus
national silence until its arrival to the Americas in
as vectors of disease. Insects have always lived as
2015 (WHO 2016a). In February 2016, Zika was
companions of humans, profiting from human ur-
declared a Public Health Emergency of Internation-
banisation, trade routes, wars, and even household
al Concern by the World Health Organisation. In
inventions, such as water bottles or bowls, which
the following months, news of Zika-infected infants
are ideal locations for laying eggs (Nading
born with abnormally small heads and related de-
2012:583). Despite the neighbours’ demands for
velopmental problems made international head-
punishment, the local epidemiologist refused to
lines (WHO 2016a). In an attempt to control the
punish the person, acknowledging their collective
virus, international health organisations worked to
entanglement: “we all live with mosquitoes as if
create borders between health and infection by es-
they were pets” (Nading 2012:586).
tablishing areas of infection and advising against travel to them. These borders targeted women in particular, especially those intending to become pregnant or in the middle of a pregnancy. Further borders were set up within the human species using condoms or sexual abstinence, creating borders between infected and non-infected bodies.
In November 2016, two international news reports further reinforced a compliance with the deconstruction of borders. On the 18th November, the WHO declared that Zika was no longer an international emergency. Far from cured or under control, this statement instead acknowledged that “Zika is here to stay” (BBC 2016a). Secondly, on the 28th
Hinchliffe (2014: 30) criticises this perspective as
November, the state of Texas reported its first local
‘one world-ism’: separating the world into isolated
case of Zika contraction to which the health depart-
objects instead of entangled relations, with disease
ment commissioner reacted: “we knew it was only a
and health understood as divisible from one anoth-
matter of time” (BBC 2016b). Both statements echo
er and health, in particular, understood as leading a
a lesson learnt previously with the dengue virus,
good life based on this separation. Rather than ‘one
that the concept of eliminating an insect is unrealis-
world-ism’, Levins and Lewontin (cited in Nading
tic (Nading 2012:586). Instead, their presence has
2012:584) argue that “human and non-human bod-
to be controlled or managed. Ideas of management
ies be understood as ‘dialectical productions’, en-
teach
tangled in the spread and production of disease”.
“disentanglement of people, things, vectors and
Defining vectors, such as the Ae. aegypti mosquito,
pathogens” (Nading 2012:585) enables communi-
as foreign and out of place is not only inaccurate
ties to work inclusively rather than separately.
but can also be detrimental to understanding the
Where health workers previously faced closed doors
healing process. During his fieldwork in Nicaragua,
and suspicion between neighbours, they now find
Nading found that the perception of a dirty house,
collaboration. Health is therefore not created by
i.e., one containing the Ae. aegypti mosquito, was
establishing borders but by navigating entangle-
not limited to the vector; it also signalled the pres-
ments.
ence of a dirty human (Nading 2012:590-591). Following ‘one world-ist’ teachings, the neighbours demanded punishment for the person who was considered to be living in consilience with an infectious vector (Nading, 2012: 586). This perspective ignores the ‘historical entanglement’ between humans with non-humans and the role humans play
that
understanding
Human Identity Entanglement
health
during
as
a
Species
As ideas of eradicating non-human vectors become outdated, understanding 'health' in non-humans is increasingly changing from “disease free to ‘specific pathogen free’” (Hinchliffe 2014:34). Hinchliffe
The International Academic
39 (2014:33) argues that this shows the need for a nov-
Osorio, on the other hand, argues against this bor-
el understanding of the word 'disease'; instead of
der, pronouncing the right to life for humans entan-
universal, it must be understood as multiple. This
gled with non-humans. This is in line with Hara-
ontology raises important implications for those
way’s (2003:63) arguments for a ‘multi-species fu-
born in entanglement with non-humans. In the cas-
ture’, which acknowledges Rose's understanding of
es of humans infected with Zika while in the foetal
life as inclusive, intra-dependent on one another,
state, disentanglement from non-humans is impos-
and calls for an increased understanding of this
sible. Instead, they must navigate zones of entan-
mutuality (Rose, 2011:199).
glement with humans. While this becomes obvious in the cases of microcephaly, it is not unique to this infection and is so a further example of the need to re-think health and species borders.
Humans with microcephaly offer a different perspective on Lowe's concept of ‘becoming with’ between humans and the Ae. Aegypti mosquito, “[creating] a ‘we’ where there was once an
Following the birth of over 2,000 Brazilian children
‘I’” (Lowe 2014:301-303). Rather than identifying
with microcephaly, Brazil's Attorney General Rodri-
themselves as sufferers of non-human entangle-
go Janot urged the Supreme Court to legalise abor-
ments, adults, such as Ana Carolina Caceres, speak
tion for pregnant women infected with Zika. In his
about living with microcephaly as “a box of surpris-
letter to the court, Janot claimed a continuation of
es” (Hirst 2016). As Caceres comments, “you may
the pregnancy would subject the mothers to
suffer
“emotional and psychological torture” (Jelmayer
not” (Hirst 2016). Countering her doctor's predic-
and Johnson 2016). By employing the historically-
tions that she would neither be able to walk nor talk
loaded word 'torture', Janot referenced the applica-
and would die within a few months, Caceres utilises
tion of torture in Brazil's past military dictatorship,
her journalism degree to advocate on behalf of oth-
thus declaring the abortion of microcephalic foetus-
ers also affected by non-human entanglements
es a ‘patriotic act’ towards Brazilian mothers
(Hirst, 2016). Equally, Gabrielle Frohock, mother of
(Barker, 2010: 355). This bid is highly controversial
a child with microcephaly, deconstructs the borders
in Brazil with its solicitor general Fabio Medina
further by stating that entanglements are inherent
Osorio arguing that permitting abortion “would be
to the human existence: “her [my daughter’s] con-
directly violating the right to life” (Jelmayer &
dition is just another part of the human condition,
Johnson 2016).
and we should celebrate that” (Massiah, 2016). The
Both Janot’s and Osorio's statements concern borders. By referencing the constitution, Janot is creating a powerful border between humans and humans with non-human entanglements. He suggests that the constitution applies only to the mothers and not to their children. He reinforces the border between humans and non-humans as a necessity to protect humans from sufferings caused by entanglements. Applying the ‘one world-ist’ perspective to this case raises an ethical issue of human rights.
from
serious
problems,
or
you
may
efficiency with which the foetal human 'becomes with' the non-human is highlighted by Dr. Peter J. Hotez: “we won't know how widespread the virus really was until babies with microcephaly begin being born, probably in the Spring” (cited in McNeil and Fernandez 2016). This statement demonstrates that the borders between humans and humans with non-human entanglements are not as clear in medicine as some would believe. In the cases of Caceres and the daughter of Gabriel-
Latin American Affairs
Re-Thinking Health and Species Borders in the Zika Virus
40
le Frohock, their self-identification is not that they
status from alien to native as, reportedly, in New
are suffering from an infection but rather that they
Zealand concerning sheep farming, pine forestry
survived human prejudice against non-human en-
and kiwifruit orchards (Barker 2010:356). Borders,
tanglement, which would have led to abortion.
where they are insisted upon, retain an intrinsically
Their lives challenge the borders of health and in-
flexible and dynamic nature and, in fact, rely on
fection and highlight how embedded human entan-
those moving bodies in order to define what is na-
glement with non-humans is. In cases concerning
tional and what is not (Barker 2010:356).
similar genetic predispositions, this has led to the “formation of a new group and individual identities and
practises
arising
out
of
these
new
truths” (Rabinow 1992:188). Although this paper has found no evidence of such groups for adults and children with microcephaly, it does not mean that they do not exist or are not in the making. Both Caceres’s and Frohock’s testaments highlight that health is seen as re-made and re-understood in the stories and testaments that speak about it (Hinchliffe 2014:30). Health is not in the borders humans create but in exploring and understanding our entanglement: how our identities are formed through entanglements and our role in this patchwork of multiple realities (Hinchliffe 2014:30-31). This ‘fractiverse’ must find its place in the ‘universal’ concept of health for it demonstrates that living with non-human entanglement is not only possible but can produce successful stories and that the prejudice of borders is more detrimental to life than infection (Hinchliffe 2014:30).
to
Barker,
a
national
gram Eliminate Dengue is currently challenging borders surrounding the Ae. aegypti mosquito. The research team has experimented with ‘vaccinating’ the Ae. aegypti mosquito with Wolbachia, a naturally occurring bacteria, which competes with Zika for resources in the mosquito, blocking the virus's chances to be passed on when a mosquito bites a human (Eliminate Dengue 2016; Mundasad 2016). After Wolbachia is microinjected into the nonhuman vector, the mosquito is released, allowing it to sexually transmit the bacteria to other mosquitos. The Eliminate Dengue program is currently preparing to launch large-scale field projects in Brazil and Colombia in early 2017. Professor Scott O'Neill of the Eliminate Dengue Program has stated that communities were originally concerned about unintended repercussions from the bacteria but points out that Wolbachia is found in 60 percent of insect species worldwide, demonstrating a historical entanglement between humans and non-
Creating a Non-Human Citizen According
A medical project spearheaded by the research pro-
humans. Additionally, the program's 6-year trial border
is
have shown no harmful consequences to humans
“corporeally produced and marked out in the rela-
(Mundasad 2016).
tionships between different legal and illegal human
This program offers intriguing perspectives in the
and non-human bodies” – yet a bordering of the Ae.
changing nature of borders. Firstly, as a vector of
aegypti cannot simply be drawn between “native
Zika, the Ae. aegypti is understood as operating
good, alien bad” (Barker 2010:356). Humans are
outside the borders of health, which is why the
reminded that non-humans remain international
word ‘vaccinating’ is chosen carefully in Mun-
because they have not and will never respect na-
dasad's article to introduce the Wolbachia bacteria.
tional borders (Dobson cited in Barker 2010:355).
The bacteria is described as living within concepts
Further defying the concept of borders, non-
of health – due to its presence in 60 percent of in-
humans have, in the past, changed their citizenship
sects, its previous contact with humans and its abil-
The International Academic
41 ity to ‘vaccinate’ the mosquito. In this way, the bac-
2007:250). By creating this compound to ensure
teria is transformed into ‘one of us’, a companion in
our health, the formerly invasive mosquito is natu-
our joint effort against the virus without any dark
ralised into a native citizen based on its role in bio-
repercussions of its own. Secondly, by claiming that
technology. Following Haraway, the nature of this
this process ‘vaccinates’ mosquitoes, society is in-
compound is to magnify the bacteria's power of
troduced to a new species of Ae. aegypti mosquito,
Zika-suppression, using the mosquito as a vessel of
known to scientists as Ae. aegypti-Wolbachia
engagement with the world. Its creation as a com-
(Mundasad 2016). This new mosquito, infected
pound is one of human agency, which further de-
with the bacteria, is now safe to pass through our
molishes the borders between humans and non-
borders of health. This moves the mosquito “'from
humans.
peril to promise', for it is no longer associated with “'germs, disease, and contagion'” (Lowe 2014:303). Barker's examination of New Zealand's transformation of various 'alien' non-humans into desirable 'national' non-humans is described as a “new dimension of biosecure citizenship: one which rests not solely on the individual body, but on the body's connections to other entities, the inter- and intraactive symbiotic condition of human-non-human 'living together'” (Barker 2010:350).
The scientific process of infecting a vector to ensure health opens the borders of health and infection to further scrutiny. Infection is understood as a breaching of boundaries; when scientists breach the borders of a viral vector to ‘vaccinate’ it, they are also breaching traditional understandings of health (Lowe 2014:301). Health becomes just as much an event, a compound, and a ‘becoming with’, as infection. Human health is ensured by non-human microbes and bacteria living within humans working
The Wolbachia bacteria, entangled with the Ae. ae-
in the right way, without whose presence humans
gypti mosquito by humans, raises the question: is it
often could not survive; “what happens in the folds
still a species? A species is conventionally defined
is what is important” (Haraway 2007:249). Human
as one animal's ability to breed with another and
entanglement with non-humans transforms human
produce fertile offspring. Interestingly, the infec-
bodies into vessels, and through this entanglement,
tion of Wolbachia into the Ae. aegypti inhibits the
humans can achieve ‘health’. Infection is often not
mosquito's ability to reproduce. Kirksey (2015:758)
caused by an external contraction but by a multipli-
states that species are constructed and performed
cation of human bacteria. Humans can infect other
by biologists, with many others not fitting into
humans with their unique bacteria, even when the
these categories so easily. This, however, does not
human from whom the infection originated was
answer the question as to where the Ae. aegypti-
medically healthy. Scientists have seen this in the
Wolbachia may be placed.
case of chickens and the H7N9 ‘avian’ influenza.
An option is to consider it a compound made up of “combinations of other things coordinated to magnify power, to make something happen, to engage the world” (Haraway 2007:250). This term, applicable in zoological terminology, defines it as “a composite of individual organisms; a company of critters infolded into one; technologies” (Haraway
This disease claimed over 100 human lives in China in Spring 2013 but is nevertheless defined as “low pathogenic in chicken and would not necessarily be picked up in a passive animal health surveillance system” (Hinchliffe 2014:33). A breaching of boundaries can therefore promote health, as the Eliminate Dengue research team hopes will happen with the infection of the mosquito with the bacteria.
Latin American Affairs
Re-Thinking Health and Species Borders in the Zika Virus
42
This project is revolutionary for it shows that defy-
dismissed for this risks ‘othering’ those whose his-
ing traditional borders of health and infection may
tories and stories are vital to an improved under-
be the key to impeding the spread of the virus.
standing of health and infection. Maintaining the
The introduction of the Ae. aegypti-Wolbachia as a biosecure citizen rests, per Barker, on “the body's connections to other entities, the inter- and intraactive symbiotic condition of human-non-human 'living together'” (Barker 2010:350). This symbiotic condition is understood by Lowe as an infection of ‘collective effervescence’: a human and non-human expression of social solidarity. Haraway has called this a ‘multi-species future’; Lowe calls it “the horizontal
gene
transfer
of
'society'
into
the
'individual'” (Lowe 2014:303; Haraway 2003). The
current species and health borders will hinder our management of infections; this is the understanding with which the Eliminate Dengue research project is currently transforming an invasive vector into a biosecure citizen. The 21st century is witness to a new ontology of borders: one of fluidity and mobility of humans and non-humans, of a new understanding of their histories and cross-species relations. Just as an infection is understood as an event and a ‘becoming with’, so should health and species.
infected mosquito becomes a citizen with roles of
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Barker, K. (2010) ‘Biosecure Citizenship: Politicis-
lease in Brazil and Colombia, is quickly becoming a
ing Symbiotic Associations and the Construction
symbol of citizenship formation and pride. Follow-
of Biological Threat’, Transactions of the Insti-
ing the controlled release in the Brazilian commu-
tute of British Geographers, 35(3), pp. 350-363.
nity Jurujuba, resident Rita Ramos says: “to me, it is like a privilege to have the mosquitoes here.” (WHO 2016b). This highlights the fascinating changes already underway in perceived multispecies entanglements and the importance of this research in the upcoming years.
Conclusion The 21st century is one of change, from changing multi-species relations to changing medical and social ontologies of borders. Health can no longer be seen as universe but as multi-verse with room for patched histories and stories. In the years following the Zika outbreak, as scientists work towards a cure, a stronger understanding of human entanglement with, and management of, the Ae.
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able
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The International Academic
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McNeil, D.G. and Fernandez, M. (2016) ‘Local
program is developing a new approach to con-
Transmission of Zika Virus is Reported in Texas’
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news/health-37773274 [Accessed 30.11.2016]. Nading, A. (2012) ‘Dengue Mosquitoes Are Single Mothers: Biopolitics Meets Ecological Aesthetics in Nicaraguan Community Health Work’, Cultural Anthropology, 27(4), pp. 572-596. Oxford Journals (2015) Special Collection on Aedes aegypti and Zika Virus Research [Online] Available at: http://www.oxfordjournals.org/en/ourjournals/medicine-and-health/aedes-aegyptizika-virus.html [Accessed 30.11.2016]. Rabinow, P. (1992).‘Artificiality and Enlightenment: From Sociobiology to Biosociality’, in Crary, J. and Kwinter, S. (eds.) Incorporations, New York: Zone, pp. 234-252.
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Latin American Affairs
44
8 Sovereignty Contested: The Demise of the Westphalian System and the Emergence of a New System of States NEJC SERETINEK SCHOLARSHIP BY MESTNA OBČINA LJUBLJANA
This essay addresses the question of state sovereignty in a modern context, evaluating three aspects of the modern international political system that undermine state sovereignty. Specifically, it evaluates the role of non-governmental organizations, multinational corporations and international organizations. With these bodies becoming ever more powerful and influential in international politics, the traditional Westphalian state system is challenged considerably. Traditional conceptions of sovereignty are thus being replaced by a new, emerging state system – a system where sovereignty is shared between state and non-state actors.
W
ith the Peace of Westphalia in
Relations, 1969). In addition, a state must also be
1648, the modern state system
recognised as sovereign by other countries. Howev-
was established. It introduced the
er, even with the legal framework established, one
idea of the sovereignty of a state.
would be wrong in assuming that state sovereignty
However, the term “sovereign state” has evolved
and the modern states system are not contested in
substantially since then (Croxton 1999:569). Today,
contemporary politics and international relations.
a sovereign state must meet four criteria outlined
The thesis of this essay is that traditional Westpha-
by the Montevideo Convention on the Rights and
lian-sovereignty state system and most mainstream
Duties of States, to be legally sovereign states must
international theories based upon it are challenged
have: ‘a) a permanent population; b) a defined ter-
substantially, not least by NGOs. The essay will fo-
ritory; c) government; and d) capacity to enter into
cus on three aspects of the modern international
relations with the other states.’ (Council on Foreign
political system that undermine state sovereignty,
The International Academic
45 mainly concentrating on non-governmental organi-
tors that provided help to those affected (Kim
zations (NGOs), international organizations, and
2011:16). When governments transfer some of the
multinational corporations.
responsibilities to NGOs, such as the responsibility
Two opposing theories, realism and liberalism, of international relations describe states and their role in international system. The former sees states as sovereign, unitary actors in anarchical state system; the latter sees them as flexible by following everchanging interests (Mingst and Arreguin-Toft 2011a:74,
79).
Mingst
and
Arreguin-Toft
(2011b:153) claim that ‘[…] centrality of the state in international politics cannot be disputed’ which is by both realism and liberalism. Both theories recognise state’s sovereignty over a territory and are based on the ˝traditional˝ Westphalian state model. However, the importance of NGOs, international organisations and multinational corporations in politics is either not acknowledged (realism) or underestimated (liberalism). Even though liberalism and neoliberalism recognise the importance of international organisations, they strongly associate those institutions with the state and its pursuit of power through cooperation (Mingst and ArreguinToft 2011c:182), while the challenge they pose to the state’s sovereignty remains widely unaddressed
of humanitarian aid, they also transfer some of the sovereignty to them. Furthermore, the role of the NGOs is not limited only to social and economic development.
Non-governmental
organizations,
such as Greenpeace or Amnesty International, often have political agendas as well. Although they are not legally independent from the control of states, NGOs have influenced states’ behaviours in many different ways (Kim, 2011:25). For example, Hawkins (2002: 49) claims that without NGOs’ contributions to the norms of human rights, a noteworthy change in the human rights condition in Chile would have been unlikely to occur. Another example of NGO’s influence in international politics is a global ban on the ivory trade. According to Princen (1994), states were initially reluctant to put a ban on it because it was a beneficial business. It was only when pressure from environmental NGOs became so great did states decide to impose a global ban on the ivory trade. However, the effect of NGOs is not always positive, and their work can sometimes be met with criticism.
by the theories. Jessica Mathews, an ex-Senior Fel-
Despite NGOs having a substantial influence on
low of the Council on Foreign Relations, argues that
state behaviour, they are not included or are under-
NGOs’ financial resources and expertise sometimes
valued in traditional theories of international rela-
exceed those of smaller governments and interna-
tions, such as realism, liberalism, and constructiv-
tional organizations (Mathews 1997:53). That gives
ism. Ahmed and Potter (2006:10) acknowledge that
them a severe weight in the political decision-
‘[the reason] NGOs have not received much atten-
making processes in which they participate, and
tion from international relations theorists is that
their influence should not be underestimated.
theories still place primary importance on nation-
Even though NGOs are not a new phenomenon, their power has never before been so great (Mathews 1997:52). The primary goal of NGOs is social and economic development. For example, when a severe earthquake struck Haiti on January 2010, NGOs were among the first international ac-
states.’ Therefore, the discipline of international relations is in need of a theory or theories that would include the emerging powers and influences of NGOs. "If some non-state actors possess an international legal personality, the state-centred perspective of the international system and international law will need to be modified to reflect the im-
International Affairs
Sovereignty Contested
46 pact of non-state actors such as NGOs’ (Hobe,
related to political sovereignty; according to inter-
1997:193). A new theoretical approach that would
national relations theories, they are both subjects of
acknowledge political powers of NGOs is, therefore,
a sovereign government. Therefore, multinational
required.
corporations have enough powers to erode states’
Another group of actors whose influence in international politics and states’ behaviour is often underestimated are multinational corporations. They
economic sovereignties and, as such, to challenge mainstream international relations theories, especially realism.
have a profound effect on the economy and there-
In addition to NGOs and multinational corpora-
fore on the economic policies of states. Multina-
tions, there is another set of institutions that con-
tional companies operate in many different states
test individual states’ sovereignties – namely inter-
by exploiting workforce in developing countries and
national organizations. One of the biggest such or-
exporting into established ones. As a consequence
ganizations is the United Nations. States estab-
of this aspect of globalisation, multinational corpo-
lished the UN in 1949 with the goal of preventing
rations have accumulated immense wealth during
future wars. Today, the organization has five goals
the past few decades and have become important
outlined as the following: maintaining international
actors in the global economic markets. According to
peace and security, promoting sustainable develop-
Mathews (1997:57), they are far more relevant ac-
ment, protecting human rights, upholding interna-
tors than governments. Whereas governments used
tional law and delivering humanitarian aid (United
to set foreign exchange rates, private currency
Nations, 2016a). It is outlined in Chapter VII of the
trades now trade $1.3 trillion per day, which is 100
Charter of the United Nations that if the Security
times the amount of world trade. With that amount
Council of UN recognises that there has been a se-
of trade, multinational corporations have a signifi-
vere breach of peace or an act of aggression by a
cant influence on foreign exchange rates and other
state, it reserves the right to intervene not only by
important factors of global economics. And what is
imposing economic sanctions but also militarily
even more concerning is that they are not a subject
(United Nations, 2016b). However noble the act of
of state. Not only can they interfere and influence
intervention may be, it is a de facto breach of state
states’ behaviours, but they can also force states
sovereignty.
into political decisions by threatening with or even imposing economic measures that can endanger states’ economic policies. Matthews (1997:56) claims that there is a concern that multinational corporations ‘… are disconnecting from their home countries' national interests, moving jobs, evading taxes, and eroding economic sovereignty in the process.’ In other words, multinational corporations do not act in the interests of any sovereign state but rather on their own. Even though they do not possess many state-like features, multinational corporations are economically powerful, and their actions can and do have a substantial influence on the world economy. Economic sovereignty is closely
Individual decision-makers in supranational institutions are, in fact, sovereign states. Consequently, a group of sovereign states or even one state that is powerful enough within a supranational institution can legitimately breach sovereignty of a nonconsenting state. Such actions raise a question of whether some states are more sovereign than others. By having a transnational organization that can legitimize breach of the sovereignty of individual states, it seems that international political arena is not as anarchical as outlined by the realists. Furthermore, what is of even greater concern than the UN’s interference in states’ internal affairs, is the
The International Academic
47 sharp increase seen in such interference since the
unitary actors, and all international relations theo-
1990s. The Security Council has declared a formal
ries that were based upon it, are contested to a
threat to international peace sixty-one times since
great extent. Secretary-General Boutros-Ghali stat-
1990, while only having done so six times in the
ed in 1992 that ‘the time of absolute and exclusive
preceding forty-five years (Mathews, 1997:59). It
sovereignty, however, has passed; its theory was
also monitored no elections during the Cold War,
never matched by reality’ (Council on Foreign Rela-
but it has been doing it ever more frequently since
tions, 1992). The above examples are a clear indica-
1990 (Mathews, 1997:60). ‘[…] the change reflects
tor that a new state system is emerging – a system
the broaden scope of what the international com-
where sovereignty is shared between state and non-
munity now feels it should poke its nose
state actors.
into’ (Mathews, 1997: 59). Not only is the UN a su-
Bibliography
pranational institution that has powers over individual states’ governments and challenges their sovereignty, it seems that it has been willing to exercise
powers ever more frequently in the past
Ahmed, S., Potter, D. M. (2006) NGOs in International Politics. Boulder: Kumarian Press.
twenty-five years. This fact strongly supports the
Council on Foreign Relations, (1969) Montevideo
thesis that Westphalian states system, consisting of
Convention on the Rights and Duties of States,
sovereign states, is challenged substantially in con-
[Online]
temporary politics and international relations.
sovereignty/montevideo-convention-rights-
To summarize, with NGOs, multinational corporations, and international organizations becoming
Available
at:
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duties-states/p15897 [Accessed 29.11.2016].
ever more powerful and influential in international
Council on Foreign Relations, (1992) Report of the
politics, the traditional Westphalian state system is
UN Secretary-General: ˝Agenda for Peace˝.
challenged considerably. NGOs have never had so
[Online]
much political power and are often influencing
peacekeeping/report-un-secretary-general-
states’ policies, such as those regarding the envi-
agenda-peace/p23439
ronment and human rights. Multinational corpora-
[Accessed: 29.11.2016].
tions have accumulated such wealth that they replaced governments as the major players in global trade. With this amount of economic power, they cannot only undermine states’ economic sovereignties but also affect their economic policies and consequently their legislative sovereignties. In terms of international organisations the UN as the biggest international organization, has always had limited powers to intervene in states’ internal affairs. However as it has been explained, the UN has over the
Available
at:
http://www.cfr.org/
Croxton, D. (1999) ‘The Peace of Westphalia of 1648 and the Origins of Sovereignty,’ The International History Review, 21(3) pp. 569-591. Hawkins, D. (2002) ‘Human Rights Norms and Networks in Authoritarian Chile’, In: Sikkink, K. Khagram S. and Riker, J. eds., Restructuring World Politics: Transnational Social Movements, Networks, and Norms, Minneapolis: University of Minnesota Press, pp. 47-70.
past 25 years taken an increasingly active approach in intervention. All of the above factors show that the state system, consisting of sovereign states as
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Sovereignty Contested
48 Hobe, S. (1997) ‘Global Challenges to Statehood: The Increasingly Important Role of Nongovernmental Organizations’, Indiana Journal of Global Legal Studies, 5(1), pp. 191-209. Kim, Y. (2011) The Unveiled power of NGOs: how NGOs influence states' foreign policy behaviors, PhD (Doctor of Philosophy) thesis, University of Iowa. Mathews, J. T. (1997) ‘Power Shift’, Foreign Affairs, 76(1), pp. 50-66. Mingst,
K.
A.
Arreguin-Toft,
I.
M.
(2011a)
‘Contending Perspectives: How to Think about International Relations Theoretically’, In: Shin, A. ed., Essentials of international relations. New York: W.W. Norton & Company, pp. 65-92. Mingst, K. A., Arreguin-Toft, I. M. (2011b) ‘The State. In: Shin, A. ed., Essentials of international relations. New York: W.W. Norton & Company, pp. 115-154. Mingst, K. A. Arreguin-Toft, I. M. (2011c). Intergovernmental Organizations, Nongovernmental Organizations, and International Law. In: Shin, A. ed., Essentials of international relations. New York: W.W. Norton & Company, pp. 81-230. Princen, T. (1994). The Ivory Trade Ban: NGOs and International Conservation. In: Princen, T. Finger, M. eds., Environmental NGOs in World Politics: Linking the Local and the Global, London: Routledge, pp. 121-159. United Nations. (2016a) What We Do, [Online] Available at: http://www.un.org/en/sections/ what-we-do/index.html [Accessed 1.12.2016]. United Nations. (2016b) Charter of the United Nations – Chapter VII, [Online] Available at: http://www.un.org/en/sections/un-charter/ chapter-vii/index.html [Accessed 1.12.2016].
49
9 Change and Freedom; A Liberal-historicist Perspective EMILIO DI SOMMA
This paper examines liberalism’s shortcoming and decline in political discourse. It demonstrates that the liberalism of the past few years has been haunted by an internal contradiction that undermines the strength and stability of its political claims. This is done by assessing some of the underlining features and claims in the liberal literature. In addition, some central concepts such as political change, balance of power, freedom and individual’s rights are analysed and incorporated throughout this paper. The paper concludes that in the light of the political upsets that took place in 2016, advocates of different discourses and ideologies must recognize that they possess their own “stake” in the public space. Only this way, will we be able to resume a meaningful political discussion in our societies and achieve true political change in social and political life.
T
he year 2016 will be remembered, sure-
course has been a prime target of the criticism, re-
ly, for the political upsets that occurred
vealing its shortcomings and inability to convince
in
processes.
the electors and the political public. We need, then,
However, these upsets have been just
an analysis of the reasons why the liberal narrative
the peak of a process in which progressive policies
has been unable to convince the public of the truth-
have been the target of harsh criticism in the politi-
fulness of its political claims. It is undeniable that
cal debate. It is worthy to note that the liberal dis-
liberalism has been, in the 20th century, a major
our
electoral/political
International Affairs
Change and Freedom; A liberal-historicist perspective
50 force able to inspire great political and social trans-
ly those liberties, are to be guaranteed fair
formations in Western societies and around the
value”
world; liberalism has been able to achieve a signifi-
(Rawls 1996:5).
cantt amount of social and political change. Precisely because of the past successes, it is even more important to analyse why a political narrative, which was able to achieve great results, ended up being rejected so firmly in the political debate over the last few years. This paper will demonstrate that, besides the obvious external reasons, the liberalism of the past few years has been haunted by an internal contradiction that undermined the strength and stability of its political claims. This has been the source of an inherent weakness of its political claims, which resulted in a lack of credibility in public debate. This short study is an attempt to provide an insight to further develop a breadth of analysis precisely on the state of liberal discourse.
These underlying assumptions regarding the nature of political liberalism are a frequent topic among philosophers and both political and legal thinkers. Ronald Dworkin, in his Justice for Hedgehogs, underlines that political communities, as understood by political liberalism, are “only collections of individuals” (Dworkin 2013:327). This assumption, however, is paired with a fundamental understanding of human dignity that acknowledges that a political community “has no moral power to create and enforce obligations against its members unless it treats them with equal concern and respect” (Dworkin 2013:330). Another example of this recurring theme, throughout liberal political narratives, can be found in Francis Fukuyama’s
To frame the discussion within this paper, some key
work. In his The End of History and the Last Man,
concepts will first be defined. What is liberalism? A
Fukuyama affirms that one of the founding features
good starting point to understand the concept, and
of liberalism is the acknowledgement of the “desire
the problems, that we are facing is the work of John
for recognition” that spontaneously arises in every
Rawls. According to Rawls, political liberalism:
human being (Fukuyama 1992:18). The acknowl-
“[…] assumes the fact of reasonable pluralism as a pluralism of comprehensive doctrines, including both religious and nonreligious doctrines. This pluralism is not seen as a disaster but rather as the natural outcome of the activities of human reason under
enduring
free
institutions”
(Rawls 1996:24). If we accept Rawls assumption, we are left with very specific claims of both political and legal nature. Such claims are developed in accordance with the assumption that: “ […] each person has an equal claim to a fully adequate scheme of equal basic rights and liberties, which scheme is compatible with the same scheme for all; and in this scheme, the equal political liberties, and on-
edgment that every person deserves recognition and respect translates, in political praxis, into the constant struggle of liberalism to defuse and unmask every discourse that claims a moral or existential superiority. As Fukuyama says, “Liberal democracy replaces the irrational desire to be recognized as greater than others with a rational desire to be recognized as equal” (Fukuyama 1992:20). The authors listed so far have correctly identified one of the central claims of liberal discourse. The claim is that a human being is the subject of rights that are not tied to the community or political group of which he is a member. An individual, instead, deserves respect and dignity even when his ideas and opinions are not aligned with the one expressed by his social environment, his rights as an individual take precedence over the rights of the
The International Academic
51 community. Such claim has been one of the core
world. “understanding” that a determinate society
reasons for the success of liberal discourses in the
develops about the world and the human life within
20th century politics. This shift of focus to rights of
it.
the individual has been the source of widespread political change that has led to an alteration of values in western societies. Which resulted in the widespread recognition of legal rights and dignity of different social groups within the public space, independently from their religious or political affiliation.
Foucalt’s insights help us to understand how political liberalism has been able to change the balance of power within western societies. This happened because liberalism was able to develop an alternative understanding of human life, a new discourse. This discourse allowed the increase of liberties and recognition of individual rights within western soci-
However, it is crucial to define what we mean by
eties; against the previous understanding which
the term political change. This paper presents two
focused on the rights and power of the whole politi-
main interpretations of this term. First, under-
cal community. However, such discourse could be
standing political change as the change in the bal-
developed only together with a new idea of the
ance of power, or in the structures of the govern-
world and a new basic understanding of human life.
mental institutions of society. This is a technical
We could say that liberalism was able to develop its
understanding of political change. The election of a
“metaphysics” of human life and its fundamental
party that is different from the previous governing
dignity, metaphysics that allowed the transfor-
one or the transformation from a monarchy to a
mation of political/legal structures.
republic, or vice-versa, are examples of technical political change. It is the change of the legal and political structure of society. It may be the alteration of the balance of power within a specific legal or political structure or the transformation of the structure itself altogether.
This becomes even more evident the moment we analyse those principles that, in Western societies, are claimed to be valid and normative even before any law expressed by the rule of the majority. Human rights are an example of such. As Joseph Ratzinger and Jürgen Habermas have already pre-
There is, however, a second interpretation of the
sented (Habermas 2006:58-74), in the case of hu-
concept of “political change”. This interpretation,
man rights, we face an issue regarding the language
while being connected to its “technical” interpreta-
and the sphere of relevance of the concepts. Can we
tion, cannot be reduced to a mere transformation of
describe human rights merely as a procedural legal
legal or political devices. Michel Foucault, in his
matter? Is there an ethical discourse that is being
work Security, Territory, Population, exemplifies
developed within them? If human rights do possess
clearly this second interpretation. The change, or
an ethical value, together with their legal charge,
the modification, of the technical aspect of political
where does the ethical normativity of the concept
systems, always goes hand in hand with the trans-
come from? The concept of “human rights” relies
formation of the political discourse (Foucault
on the assumption that by the simple fact of belong-
2007:3-29). In essence, the change of legal/political
ing to the human species, a human being is a sub-
structures in a society always follows the transfor-
ject of certain rights. Such a claim, however, is a
mation of how that society understands the
sheer ungrounded assertion that must rely on a
“world”, and the role of human life within such
fundamental ethical/ontological hypostasis about
International Affairs
52
Change and Freedom; A liberal-historicist perspective
human nature and the rights it deserves.
needed to attain political change within a society.
Ratzinger’s claim reveals how the liberal political
However, Croce also warned that such claims do
discourse has been haunted, in the last years, by an
not make sense in an absolute reasoning, they can
inner contradiction. Despite advocating for recogni-
only make sense within specific, practical, historical
tion and dignity, proponents of liberal policies have
conditions and within real balances of power (Croce
been unable to see how political claims are always
1993:97-101). In Croce’s interpretation of liberal-
tied to claims on reality, on the state of the world
ism, freedom is not completely aligned with a par-
and of human life. Thus, they have not taken seri-
ticular form of government or a structure of society.
ously the alternative interpretations of political life,
Freedom is primarily a modus operandi. Freedom
while being unable to structure their own political
is a moral compass around which we structure our
claims convincingly. Contemporary liberalism has
political activity in real and historical conditions,
failed to acknowledge that every political or legal
dealing with real claims regarding human life and
claim is never just a “procedural claim”; that is, a
its purpose. When we talk about “pluralism” and
claim on the methods and procedures of political
“recognition” we are always describing real political
debates and social structures. Every claim on the
processes, real political and cultural groups strug-
political or legal procedures is always tied to a claim
gling with each other to attain political balance.
on reality, on the nature of the world and the hu-
Liberalism, in this perspective, must represent the
man nature developed and fostered within it. Even
meta-political presupposition willing to take into
in those instances in which these allegations are not
account the dignity of the largest number of politi-
explicitly presented, they are always implied, as the
cal claims possible and establish an arena where
foundation on which legal/political structures can
such political claims can propose and interact from
base their legitimacy.
a position of equal dignity and value.
Benedetto Croce, a 19th-20th century Italian liberal
Croce was wary of discourses concerning “giving
philosopher, understood clearly the struggles and
freedom” or “bringing freedom” to human beings.
obstacles that liberalism was going to face in the
As we can read in his Scritti e Discorsi Politici
field of politics and social debates; and the risks
(Croce 1993:261-276) Croce warned that true love
that undermined liberal claims. Benedetto Croce
for freedom and liberty, while fighting against real
understood liberalism in accordance with the de-
political conditions and instruments of oppression,
scription presented at the beginning of this study.
can never claim an “absolute freedom”, a pure, anti-
In his work, Etica e Politica, Croce affirmed that
historical “freedom”. This is because liberalism
“liberalism” is pure love for freedom. It is the un-
must remain faithful to its fundamental claim. If
derstanding that liberty, in its historical develop-
freedom cannot be impeded by any custom, institu-
ment and promotion, cannot be tied to any particu-
tion or tradition, then the liberal discourse itself
lar institution, custom or balance of power (Croce
cannot claim its own absoluteness in front of alter-
1993:115-116). In this sense, political liberalism is a
native discourses. It cannot restrain other political
form of discourse willing and able to question exist-
languages and interpretation of human life and
ing balances of power and that reveals how liberty
cannot claim an exclusive possession of the social
and freedom are hindered and impeded in the given
and public field; doing so would contradict the in-
political conditions of society. In this interpreta-
ner drive of liberalism itself.
tion, the liberal claims of pluralism and recognition make sense as the first source of the political drive
In this interpretation, freedom is not a value inherent to a specific form of government. It becomes a
The International Academic
53 category of historical analysis of human action. It
zation of liberalism. For Fukuyama, liberty and
follows that every historical process becomes an
equality are discoveries about the nature of human-
expression of freedom; because every historical
ity as such whose truth does not diminish but grows
process addresses real historical claims developed
more evident as one’s point of view becomes more
by human beings. It is a constant attempt to create
cosmopolitan (Fukuyama 1992:51). The source of
and develop categories and standards of civility.
such history is provided by a constant struggle for
For this reason, they are by nature “free acts”, at-
recognition, inherent in the human beings, which
tempts to establish moral and legal categories to
leads to increasing amounts of liberty through the
create a state of civility within a community and
unfolding of history.
society. We see here the strong historicist charge of Croce’s political thought. Freedom, in this interpretation, is not understood merely as a negative process of removal of obstacles or chains, but also as a positive moment of establishing moral and political categories of discourses. An historicist understanding of the liberal concept of “freedom” indicates that such concept cannot be identified with one specific set of claims or a specific set of political institutions, this is because it recognises that such attempts posses a risk of becoming exclusive claims on reality and becoming “authoritarian” (Croce 1994:117-118).
However, with Fukuyama’s narrative, we are presented with a unidirectional historical narrative in which political liberalism, a specific set of institutions and understanding of human life, becomes the only good political choice available for societies. It generates a dialectical system in which a good reality faces a bad reality, or to use Fukuyama’s words, we see a part of humanity “freed” by history, while other groups are still enslaved in history. This way, however, liberalism stops being a set of operative meta-political claims and becomes a stage of reality, moreover, it becomes the only reality acceptable and allowable on the political field. It
This is the great contradiction developed by con-
claims its exclusive right of existence as a political
temporary liberal discourse, and the reason for its
discourse and a set of values.
crises and shortcomings in these past few years. We can return, as great examples of this self- contradiction, to Fukuyama and Rawls. The contemporary liberal discourse has simply capsized itself. It has developed an inherent, devastating, selfcontradiction. Francis Fukuyama is an evident example of this contradiction. At The End of History, liberalism is described more as an absolute value than as a meta-political procedure. The victory of liberal and democratic values, at the end of the twentieth century, becomes the result of an inevitable historical process driven by an absolute transcendental value (Fukuyama 1992:46-48). Fukuyama presents the progressive victory of liberal policies as the evidence of a fundamental universal history of humanity that pushes toward the full reali-
In a different way, but on a similar note, Rawls falls in the same contradiction regarding liberalism. In his Political Liberalism, Rawls describes the political conception of liberalism as something structured through certain fundamental ideas which are understood only at a procedural and juridical level, while being latent in the public political culture of a democratic society (Rawls 1996:174-175). Hence, liberalism would be different from a comprehensive doctrine or a moral system. However, when Rawls goes on to describe the details of such conception, he cannot help but use categories that refer to a more foundational interpretation of human life. One such example is his description of the “good”, present in the liberal understanding of justice, as
International Affairs
54
Change and Freedom; A liberal-historicist perspective
“rationality”. Good is rational in the sense that a
not see each other as fellow human beings involved
liberal policy assumes that the members of a demo-
in political discourses and struggles but as enemies
cratic society have, at least in an intuitive way, a
that seek to destroy the foundational values they
rational plan of life in the light of which they organ-
believe in. In this way, we see the most violent ex-
ize their endeavours and resources (Rawls 1996:176
pression of those alternative values that liberalism
-177).
wanted to reject.
The first risk of this kind of reasoning is the impli-
A final consequence to be observed is that liberal-
cation that, by consequence, any non-liberal/
ism itself stops articulating itself as political dis-
democratic society is inherently flawed and its
course. Liberalism stops being an attitude of mind,
members do not aim for “good”, and intuitively, are
a forma mentis, able to adapt itself to different his-
not rational. The political consequence of such im-
torical situations to achieve the maximum amount
plication is to further alienate individuals belonging
of freedom possible in given conditions. It becomes
to different forms of society/systems of belief. How-
identified, instead, with a very specific, local and
ever, a further problem in Rawls’s idea of rationali-
historical, set of political institutions and political
ty is that it presupposes an interpretation of hu-
values. However, precisely by doing so, liberalism
manity that is historical and partial. To make sense,
impedes the result it wanted to achieve in the first
it requires a system of values and an idea of the
place, that is political change. Instead it generates
good that has been developed through modernity
an illusion of change in which a political system is
and that it has been considered as foundational for
only marginally modified, and the balances of pow-
any successive political/moral inquiry. Consequent-
er within a society are, de facto, unchanged. It be-
ly, Rawls’ idea of rationality already must imply a
comes the enforced and unmovable imposition of
comprehensive system of values to make sense of
one interpretation of the world, one vision of the
its claims, in a way similar to what a doctrine would
human being, which shuts down any possible his-
do. The failure to acknowledge this feature of its
torical alternative. It becomes itself a metaphysics.
discursive structure has been one of the causes why
It is imperative that supporters of liberal policies
contemporary liberal discourse has capsized itself
start to recognize their “claims on reality” and the
in a contemporary political debate.
claims presented by alternative political discourse.
By claiming its exclusive reality and dignity as a discourse, this absolute understanding of liberalism has stopped any alternative discourse from being articulated in the public space and consequently, to articulate themselves. This leads to devastating results in the political field. First, it destroys precisely the liberal claim of “pluralism” and “recognition”, undermining the foundational grounds on which liberalism itself has built its political structure. Sec-
In light of the political upsets that took place in 2016, advocates of different political groups must recognize that they possess their own “stake” in the public space. Only in this way, we will be able to resume a meaningful political discussion in our societies and achieve true political change in our social and political life.
Bibliography
ond, it prevents the alternative discourses from be-
Adamson W. L. (1983)‘Benedetto Croce and the
ing articulated in a way that is politically viable; it
death of ideology’, The Journal of Modern Histo-
shuts down the possibility of dialogue itself. In this
ry 55(2), pp.208-236.
way, the proponents of alternative discourses do
The International Academic
55 Cavaliere R. V. (2015) Saggi sul Futuro; la storia come possibilità, Firenze: Le Lettere. Cotroneo G. (2015) Croce Filosofo
Italiano,
Firenze: Le Lettere. Croce B. (1994) Etica e Politica, Milano: Adelphi. Croce B. (1993) Scritti e Discorsi Politici, edited by Carella A., Vol. I, Napoli: Bibliopolis, Dworkin R. (2013), Justice for Hedgehogs, London: Harvard University Press. Foucault M. (2007) Security, Territory, Population, edited by Michel Senellart, trans. by Graham Burchell, London: Palgrave Macmillan Fukuyaka F. (1992) The End of History and the Last Man, New York: The Free Press. Habermas J., Ratzinger J. (2006) Dialektik der Saekularisierung, eng. Tr. Dialectics of Secularization, San Francisco: Ignatius Press. Peluso R. (2016) Lessico Crociano, Napoli: La Scuola di Pitagora editrice. Rawls J. (1996) Political Liberalism, New York: Columbia University Press.
International Affairs
56
10 Being a Non-Citizen in the 21st Century CLAUDIA ZACCARI
This article explores human rights violations arising from the transnational movement of people, considering the reduction in the importance of borders in the 21st century and realising the difficulties temporary migrants face in their new work environments. Through case studies of migrant workers in Canada’s agricultural sector and seasonal berry pickers in Finland, as well as discussion of key international agreements, the author highlights the main issues, including the legal status of migrant workers, the right to a respectable income and a safe workplace, as well as the right to unionise, calling for improved enforcement of existing legislation.
T
he notion of rights is an open debate
Universal Declaration of Human Rights (UDHR), to
and is ever-changing in relation to
date, social protection has not always been guaran-
time, place and social context. From
teed, particularly in relation to non-citizens.
the moment of birth, humans inherit
natural rights. Locke (1821:191) refers to these as the untouchable and inalienable rights to life, health, liberty and possession. Powell (1996) adds to this interpretation by stating that not even the supreme authority of government can disguise, distort or ultimately withdraw these rights. Despite progression since 1948 with the realisation of The
This article explores the extent to which transnational immigration, a characteristic of our contemporary global era, poses a threat to human rights and social protection. It examines the conditions experienced by temporary migrants within the workplace, providing an insight into two case studies of distinct contexts. A detailed account of the sampled case studies will be provided by identifying
The International Academic
57 the complaints, analysing the disputes regarding
hired employee is bound in a fixed term contract
the violated human rights in question, and by criti-
for a particular job. At first thought, temporary mi-
cally evaluating the outcomes. Realising that the
grant workers’ programmes may seem beneficial to
principal difference between the selected case stud-
both parties by matching excess labour demand in
ies is the legal status of the workers’ contracts, this
vacant sectors to the unemployed in need of a wage
paper questions whether legality or illegality have
income (Basok and Carrasco 2010:365). However,
significant repercussions on the migrant workers’
the imbalance of power between recruiters and
position.
workers cause several inconveniences to the latter
A Human Rights Approach to Temporary Non-Citizen Workers According to the UN General Assembly, a ‘noncitizen’, also referred to as an ‘alien’, is understood as “any individual who is not a national of the State in which he or she is present” (UNGA 1985). However, as outlined by international law in general terms, it is the ultimate authority and responsibility of states “to determine who qualifies as a citizen”, having profound implications on the individual’s duties and rights (OHCHR 2007:5). A typically adopted distinction is narrowly defined with respect to political rights exercised by citizens (OHCHR 2007:5). Key legal documents ensure that
group in terms of job security, pay system mobility, informal or non-legally binding contracts and pension schemes. Often, workers are tied to a single employer, which does not permit free movement between jobs. By adopting this system, employers gain the capacity to exert pressure on workers, denying them their rights. Thus, it becomes arduous for employees to claim rights to which they are entitled (Basok and Carrasco 2010:365). As such, the lack of flexibility deteriorates the already vulnerable status of workers; this type of worker is generally unfamiliar with the legal frameworks and there are potential language barriers (Basok and Carrasco 2010:345).
tus or legal situation, under the safeguard of State
Case study I: Temporary Migrant Workers in Canada’s Agricultural Sector
parties, are entitled to certain provisions (ILO,
In recent years, Canada has developed a temporary
1949; UNGA 1976). These include the right to work
migrant workers’ programme, namely The Canadi-
within a regulated and secure environment, where-
an
by there is an entitlement to hold trade union office
(CSAWP), aimed at supporting workers through the
and the right to strike action (OHCHR 2007:29).
supervision of a contract system, in order to pro-
Despite non-citizen groups possessing rights based
vide employment security. The CSAWP programme
on independent national legislation as well as un-
consists of administrative norms and regulations,
der international law, challenges persist. There is
outlining the duties and obligations of the various
discrepancy between the points outlined in formal
actors involved (Verma 2002:4). It operates as an
legal documentation, guaranteeing the protection
institutional framework of distinct tiers. At the fed-
of international human rights and the realities
eral level, the programme is guided by the Immi-
faced by non-citizens. This includes forms of exclu-
gration Refugee and Protection Act (IRPA) and la-
sion, stigma and diverse treatment due to national
bour market policy underscored in the First Princi-
origin or social status (OHCHR 2007:5).
ple of Canadian Government. At the provincial lev-
everyone, regardless of citizenship, migratory sta-
The term ‘temporary worker’ implies that the newly
Seasonal
Agricultural
Workers
Program
el, legislation — with regards to standards of work-
International Affairs
Being a Non-Citizen in the 21st Century
58 ing environment, occupational health and safety,
All in all, the outcomes of the case study were var-
and nature of labour — governs the implementation
ied. The successes included the extension to non-
process of the programme (Verma 2002:3). Alt-
citizens of the protection of support centre net-
hough the CSAWP is a federal programme, within
works for social security (i.e. pension and compen-
the context of provincial jurisdiction, employment
sation schemes) and soon they will enjoy the right
rights are easily violated due to a lack of legislative
to bargain collectively and take strike action. Re-
enforcement; “violations of the rights of migrant
garding the latter point, Basok and Carrasco (2010:
workers participating in CSAWP are well docu-
363) affirm “judicial recognition of the right to col-
mented” (Basok and Carrasco 2010:354).
lective bargaining as [...] constitutionally protected
Civil societies and progressive labour unions, particularly The United Food and Commercial Workers (UFCW), have observed that many agricultural migrant workers in Ontario face issues related to poor health and living conditions. However, many do not protest in fear of consequences. Migrant workers are protected by human rights treaties signed by Canada; in reality, however, many exceptions are made. Allegedly, UFCW appealed to the Supreme Court for amendments to be made to the Canadian Charter, claiming that non-citizens’ rights should
and not based solely on a statutory regime has tremendous, positive implications for the quest for the recognition of human rights for non-citizens”. Also, the UFCW's legal action in challenging the exclusion of migrant workers from the Occupational Health and Safety Act (OHSA), brought positive results. To date, migrant workers can attend safety training sessions, be adequately informed about the potential hazards in the workplace and refuse to complete
unsafe
work
(Basok
and
Carrasco
2010:357-360).
be explicitly defined. The argument centred around
However, the key issues raised concerning labour
the inequalities between citizens and non-citizens,
mobility were not tackled. To secure future con-
specifically regarding freedom of association and
tracts and fearing the risks of reprisals, deportation
social exclusion. The issue was brought beyond the
or being blacklisted, workers may remain unlikely
concern of the Charter and UFCW convinced the
to claim their legal entitlements. Consequently,
Court to rule against the government, which previ-
they may adopt a form of passive acceptance. In
ously had not allowed migrants to form trade un-
other words, employers could still benefit from the
ions for collective bargaining. The Supreme Court
control asserted over temporary migrant workers’
stated that all citizens and non-citizens had the
current and future labour contracts. Despite the
right to organise unions. This was described not
national legislation having integrated points of in-
only as a means for negotiation, but also as a source
ternational migrant rights' standards and other im-
of empowerment and involvement within the work-
provements, the fundamental entitlement to mobil-
place. However, despite the favourable verdict, the
ity continues to be constrained. Hence, the tempo-
UFCW victory was limited. The government passed
rary migration programme continues to contain
an act which permitted workers to form associa-
flaws in need of attention (Basok and Carrasco
tions but excluded the possibility to unionise. The
2010:365-366).
issue was questioned once again and the legislation was amended. The right to unionise for non-citizen workers is expected in the near future (Basok and Carrasco 2010:366).
Case study II: Temporary Thai Berry Pickers in Finland During the summer months, Finland hires temporary labour from developing countries
59
The International Academic
such as Thailand to meet increased labour de-
before visas can be granted” (Tamminen 2014).
mand during the berry picking season. Work-
This change was initiated by an increasing
ers are guaranteed “a wage equivalent to six to
number of incidents whereby workers would
twelve months of work in their home countries”
return home with losses, as living expenses ex-
and “earning such sums in only three months is
ceeded their seasonal earnings. Yet, given that
very attractive to recruits from developing
non-citizen workers are hired with no formal
countries” (Tamminen 2014). However, these
employment contract, berry picking companies
agreements are repeatedly disregarded. Berry
are still in the position to demand the repay-
pickers often find themselves working long
ments of costs after the government has grant-
hours, seven days a week. Additionally, the pay
ed visas (Tamminen, 2014).
is performance-based and is calculated based
For this reason, the Ombudsman notified their
on the weight of berries picked. Consequently, the wages are unstable and highly dependent on the seasonal yield.
concerns to the police, asserting that the process of recruitment abused the vulnerable status of migrants through fraud and deception.
The Ombudsman for Minorities in Finland, al-
Finland’s human trafficking legislation affirms
so acting as the National Rapporteur for Hu-
that such cases are defined as human traffick-
man Trafficking, is “an independent and im-
ing and debt bondage (Tamminen 2014). The
partial authority […] located administratively
Ombudsman’s argument was supported by the
within the Ministry of the Interior”, seeking to
Finnish legislation ‘Everyman’s Right’. This
protect social minorities (Non-Discrimination
legislation states that every individual, includ-
Ombudsman 2013). Since 2007, the Ombuds-
ing non-citizens, has the freedom to enjoy out-
man has raised concerns that many temporary
door pursuits with “the obligation to leave the
non-citizen workers experience incidents of la-
environment undisturbed and preserve the nat-
bour exploitation and human trafficking, due
ural heritage”. Also, unprotected species of flo-
to language barriers and insufficient awareness
ra and fauna “may be picked freely wherever
of the legal system. Companies recruiting berry
everyman’s right applies” (Ministry of the Envi-
pickers guaranteed support in the arrangement
ronment 2014). Therefore, all individuals, in-
of accommodation, food, travel tickets and vi-
cluding non-citizens, may sell wild berries tax
sas, aiding their integration. However, prior to
free on the market, only if the picking is prac-
2010, employees were obliged to reimburse the
tised occasionally on an amateur basis and the
expenses covered by the recruitment company.
fruits are not processed. In contrast, signing a
Lacking financial resources, workers often
formal contract implies deducted earnings
turned to loans tied to their employers. Under
through tax imposition. If working temporarily
the recommendations of the National Rappor-
for a Finnish employer, a tax card is required.
teur, “it is now mandatory that companies pay
The working status of berry pickers is then le-
for their employees’ travel and housing costs
gally binding with guaranteed workers’ rights International Affairs
Being a Non-Citizen in the 21st Century
60
(Vero/Skatt 2016). In this particular case, Thai berry pickers can be classified neither as employed, as they lack formal contracts, nor as self-employed as they are heavily dependent on employers. The out-
due to their national origin and social status, a violation of Article 2. The following: “everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property,
comes of the case study were again varied. In
birth or other status” (UNGA 1948). In addition,
2010, the National Rapporteur declared the ob-
Article 13 asserts that “everyone has the right to
ligation of hiring companies to arrange and pay
freedom of movement and residence within the
for migrant workers’ travel and housing costs.
borders of each State […] the right to leave any
Moreover, it was found that “while the berry
country, including his own, and to return to his
company denied the allegations, it offered to
country” (UNGA 1948). However,
pay the pickers their demanded compensation to settle the dispute” (Tamminen 2014). The investigation was put on hold. Overall, despite raised awareness of the issues of human trafficking and debt bondage, the root of the dispute was not addressed. Temporary non-citizen workers are still recruited on an informal level without a legally binding contract, thus ampli-
fying their vulnerable status (Yle 2013).
‘temporary’
workers, regardless of choice, do not have the possibility to leave their current job. Moreover, “labour is not only seen as a means for economic survival, but also as a means for self-realisation and development of the human personality”; therefore, these cases highlight a violation of Article 22 (Koch 2009:209).
Concluding Thoughts Following World War II and the realisation of the Universal Declaration of Human Rights, there have
Linkage to UDHR Articles
been a number of progressive movements concern-
Looking back at the case studies, temporary non-
ing human rights issues. States have made efforts to
citizen workers have experienced violations in
sign transnational treaties and have made amend-
terms of human rights, particularly in regard to Ar-
ments to their constitutions and legislations, priori-
ticle 23 of the UDHR. The latter states that all indi-
tising the support for human rights. However, de-
viduals, without any discrimination or exclusion,
spite formal agreements, it is clear that still, in the
have “the right to work, to free choice of employ-
21st century, there exists cases similar to those ex-
ment, to just and favourable conditions of work and
plained above where implementation has not al-
to the protection against unemployment. Everyone
ways been successful. Non-citizens continue to be
has the right to equal pay for equal work […] to just
easy targets and are often subject to human rights
and favourable remuneration ensuring […] an exist-
violations (Brysk 2002:19-20). It is through the
ence worthy of human dignity, and supplemented,
recognition and efforts of global civil societies that
if necessary, by other means of social protection.
many cases have been brought to attention, demon-
Everyone has the right to form and to join trade un-
strating the importance of agency in the advance-
ions for the protection of his interests” (UNGA
ment of human rights (Basok and Carrasco
1948).
2010:366; Glasiu 2012:145). Whilst these progres-
However, there are interlinking UDHR Articles which have been implicitly suggested. Non-citizen workers have been victims of diverse treatment,
sive groups may not have legislative powers, accusations and complaints challenge State legitimacy and acknowledges a need for change.
The International Academic
61
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ombudsman_for_minorities [Accessed 20 November 2016].
International Affairs
Being a Non-Citizen in the 21st Century
62 Yle (2013) ‘Thai berry pickers limber up for Finnish forests’, Yle Uuutiset, [Online] Available at: http://yle.fi/uutiset/ thai_berry_pickers_limber_up_for_finnish_for ests/6725918 [Accessed 20.11.2016]. Verma, V. (2002) ‘The Mexican and Caribbean Seasonal Agricultural Workers Program: Regulatory and Policy Framework, Farm Industry Level Employment Practices, and the Future of the Program under Unionization’, The North-South Institute, pp. 1-23. Vero Skatt. (2016). Tax Administration Bulletin Berry picking is tax free unless you do it professionally,
[Online]
Available
at:
https://www.vero.fi/en-US/ Tax_Administration/News/ Berry_picking_is_tax_free_unless_you_do_ (40291) [Accessed 20.11.2016].
:
63
11 The Non-Proliferation Treaty: Ineffective and Outdated? Critically Assessing how International Law Tries to Prevent the Proliferation of Nuclear Weapons LENA SCHELLING
At par with the threat posed by international terrorist acts and the growing popularity of alt-right parties following President Donald Trump’s election, proliferation of nuclear weapons to non-nuclear weapon states remains a concern for the international community in the 21st Century. Yet, the Non-proliferation Treaty’s fundamental structural weaknesses would suggest it is an outdated piece of legislation in need of change, as it is unable to cope with the modern-day tactics in which IAEA aims to constrain proliferation of nuclear weapons.
T
o prevent the spread of nuclear weap-
This article will thus analyse how this vital contri-
ons and weapons technology, to foster
bution to international law aims to prevent the pro-
the peaceful uses of nuclear energy,
liferation of nuclear weapons and to what extent it
and to further the goal of disarma-
is successful in this endeavour.
ment.”1 This statement outlines the three objectives of the Non-proliferation Treaty (NPT) of 1970. However, has the treaty truly attained such grand goals? It is worthwhile to review the legitimacy of such claims from a wider perspective, as well as to assess the NPT’s applicability in the 21st Century.
Brief Background The International Atomic Energy Agency (IAEA) responded to the universal concern regarding the potential detrimental effects of mismanagement of nuclear weapons.2 This response came in the form
Treaty on the Non-Proliferation of Nuclear Weapons (hereafter: NPT) Background information (open for signature 1 July 1968, adopted 10 June 1968 and entered into force 5 March 1970) INFCIRC/140. 2 George Perkorich, ‘Bush’s Nuclear Revolution: A Regime Change in Nonproliferation’ International [2003] 2-8. 1
Affairs
64
The Non-Proliferation Treaty: Ineffective and outdated?
of the Non-proliferation Treaty: devised in 1968, implemented in 1970, and today extended indefinitely.3 Considered one of the most influential arms limitation treaties, it is one of the only sources of law explicitly concerning nuclear weapons.
The
NPT regime is founded on the concept of nonproliferation, which entails, “Strategies used to dissuade actors from acquiring the capability to construct a nuclear weapon arsenal or destroying those capabilities before the actor is successful.”4 Given the high level of importance afforded to the safe distribution of nuclear technologies, there exists a need for the universal application of the treaty. This requires parties to ratify the treaty and adhere to its demands. To encourage membership, incentive comes to states through the provision of access to nuclear technologies. Membership provides exchange of nuclear information, although only for peaceful use.5 To this day, there exists 191 member states party to the NPT.6 To put this to scale, according to the UN, there currently exist 195 sovereign states in the world.7 Therefore, the NPT is only marginally short of universal, and its efforts are far-reaching.
pliance. Despite the NPT being endorsed as, “a landmark international treaty”9 or a “legal barrier to the acquisition of nuclear weapons,”10 there remain integral structural weaknesses which undermine its effectiveness.11 The mandate of the treaty and the result of its application are often inconsistent. State action within the framework of the treaty and conflicting state interpretations suggest major discrepancies between the treaty in a theoretical context and in its real-life application.
Preliminary Structural Weaknesses The obligations under the NPT differ depending on classification. States are either: nuclear weapon states (NWS) by virtue of nuclear weapon possession or non-nuclear weapon states (NNWS). Article 1 prohibits nuclear weapon states from transferring nuclear weapons and other explosive devices as an aim to prevent non-nuclear weapon states from acquiring them. Article 2 concerns non-nuclearweapon State parties, and obliges them not to receive, transfer,
manufacture or receive assistance
in the making of nuclear weapons or other nuclear explosive devices.12 However, these provisions give
Parties, by way of ratification, agree to be bound by
rise to two preliminary issues: undefined terms and
the specific obligations under the NPT. The obliga-
an inherent imbalance.
tions are consequently enforced through the IAEAs
Despite their frequent referral to as key terms in
safeguards, which states agree to either individually or collectively.8 Agreement to such safeguards gives the IAEA certain powers of control to ensure com3 Daniel
the treaty, ‘nuclear weapons’ and ‘nuclear explosive devices’ are not defined anywhere in the treaty.13 In
Joyner, ‘Interpreting the Nuclear Non-Proliferation Treaty’ [2012] 281-283. Robert Brown, Nuclear Authority: The IAEA and the Absolute Weapon (Georgetown University Press 2015). 5 Jayantha Dhanapala, ‘1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons’ (Conference, United Nations Headquarters, New York, 25 April 1995) available at: <http://www.un.org/Depts/ddar/nptconf/214e.htm> accessed 15 November 2016. 6 List of current parties and signatories to NPT available at: <https://www.un.org/disarmament/wmd/nuclear/npt/> accessed 18 November 2016. 7 United Nations Index of Member State Membership available at: <http://www.un.org/en/member-states/index.html> accessed 15 November 2016. 8 NPT 1970, Article 3(4). 9 United Nations Office for Disarmament Affairs on the NPT available at: <https://www.un.org/disarmament/wmd/nuclear/npt/> accessed 15 November 2016. 10 Hans Blix, ‘Introduction: the present nuclear order, how it came about, why it may not last’ in Olav Njølstad (eds), Nuclear proliferation and international order: challenges to the Non-Proliferation Treaty (Routledge 2010). 11 George Perkorich,‘Bush’s Nuclear Revolution: A Regime Change in Nonproliferation’ [2003]. 12 NPT 1970, Article 2. 13 Daniel Joyner, ‘Interpreting the Nuclear Non-Proliferation Treaty’ [2012]. 4
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65 this respect, some may argue that the NPT only
proach, but the essential lack of definition is advan-
prohibits the transfer and appropriation of com-
tageous, as it facilitates broad flexibility necessary
plete nuclear weapons and nuclear explosive devic-
to deal with complex cases.18 In this regard, the
es.14 Thus, it could become an exploitable loophole
Board of Governors reserves the right to classify
for state conduct to transfer and receive compo-
any other material not listed as fissionable material.
nents, nuclear related materials, and design information relating to non-peaceful purposes of nuclear energy.
Despite the theoretical application of the treaty in light of the IAEAs efforts to restrict nuclear proliferation, state conduct illustrates continuous non-
However, the IAEA’s legal framework makes it clear
compliance with the concerned provisions.19 Exam-
that only the exchange of information relating to
ples include: the United States, who supplied India
peaceful use of atomic
energy15
is permitted, thus
with enriched uranium in 1974, Russia helping Iran
transferal, acquirement or manufacture of any ma-
“improve their knowledge on nuclear weapon tech-
terial with intended military purposes, would be a
nology,”20 and the North Korean IRT research reac-
violation of the NPT regime. Furthermore, the
tor21 “which was set up with Soviet Assistance.”22
IAEA is primarily concerned with ‘nuclear materi-
These examples demonstrate that the concerned
al,’ which it defines according to specific chemical
provisions of the NPT are not fully respected by its
standards.16 In addition, the IAEA requires that any
parties, thus weakening the treaty in its ambition of
design information related to existing or future nu-
preventing the proliferation of nuclear weapon
clear facilities is provided during the discussion of
technologies.
the subsidiary arrangements.17
The argument of inherent imbalance of mutual re-
From this, it can be deduced that parties to the NPT
sponsibilities and obligations between NWS and
are prohibited to transfer, receive or manufacture,
NNWS is not novel, given it was already addressed
or assist in the construction of nuclear weapons and
in 1995 by Indonesia.23 Article 4 and 5 of the NPT
nuclear explosive devices. Thus, any components,
require NWS to disclose nuclear technology infor-
nuclear related materials, or design information
mation to NNWS for peaceful developmental pur-
perpetrating to military purposes is prohibited.
poses; in return, NNWS promises not to manufac-
This may still seem a very broad and unconcise ap-
ture nuclear weapons.24 This solidifies an existing
Ibid. International Atomic Energy Agency Statute (hereafter: IAEA Statute) Article 9. (Approved on 23 October 1956, into force on 29 July 1957). 16 Ibid. Article 20. 17 ‘The Structure and Content of Agreements Between the Agency and States Required in Connection with the Treaty on the Non-proliferation of Nuclear Weapons’ (IAEA, The Safeguard Agreements Guidelines June 1972) Design Information, 42. 18 John Carlson, ‘Defining Noncompliance: NPT Safeguards Agreements [2009] 22-27. 19 Ibid. 20 Bowden Bolt ‘The effectiveness of the nuclear Non-Proliferation Treaty (NPT) in curbing Iran’s nuclear programme: A Critical analysis’ [2012] 15. 21 Fact Sheet on DPRK Nuclear Safeguards available at: <https://www.iaea.org/newscenter/focus/dprk/fact-sheeton-dprk-nuclear-safeguards > accessed 15 November 2016. 22 Ibid. 23 Jayantha Dhanapala, ‘1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons’ (Conference, United Nations Headquarters, New York, 25 April 1995) available at: <http:// www.un.org/Depts/ddar/nptconf/214e.htm> accessed 15 November 2016. Agus Tarmidzi, ‘Letter from the permanent Representative of Indonesia addressed to the Provisonal Secretary General of the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-proliferation of Nuclear Weapons’ ( Letter dated 27 March 1995) <http://www.un.org/depts/ddar/nptconf/211a.htm> accessed 15 November 15 2016. International Affairs 24 NPT, Article 4 -5. 14 15
The Non-Proliferation Treaty: Ineffective and outdated?
66
international inequality25 by imposing the majority
on states from further developing nuclear weapons
of responsibility on NWS.26 Since 1995, the argu-
is theoretically incorrect. Article 6 does impose a
ment has not been convincingly resolved.27 Many
disarmament obligation on nuclear weapon states,31
NNWS deem Article 5 unfair as it does not allow
yet non-nuclear weapon states do have grounds to
the acquisition of nuclear weapons, while “There is
argue that these are not met in practice32 as most
no provision in the Treaty preventing the nuclear-
recently emphasised in the Marshall Islands Case.33
weapon states from further developing their [own] nuclear weapons."28 Nuclear weapon states alternatively argue Article 4(2) of the NPT imposes the majority of responsibility on NWS instead of providing an acceptable balance of mutual responsibilities and
obligations.29
The continued discussion on imbalance weakens the treaty’s effect, as the crucial bargain at the heart of the NPT is not respected. The same issue also dominates any discussion on wider respective rights and obligations of parties,34 thus making agreement through negotiation very challenging.
This latter argument is refuted on the grounds that
Ultimately, if the provisions applying to the NWS
nuclear weapon technology, knowledge, and mate-
and NNWS are not upheld, it results in increased
rials originate from nuclear weapon states imbuing
tension, leaving little room for compromise, and
a need for their elevated control and compliance.
non-nuclear states may become less likely to com-
These necessary imbalances of the treaty are a cor-
ply with their part of the bargain if nuclear states
nerstone of collective security and must remain so
are reluctant to disarm.35
in order for the treaty to function.30 The main responsibilities and obligations being imposed on the nuclear weapon states is thus justified on the account that it is these states which possess nuclear weapons in the first place. Therefore, they have an undeniable responsibility to avoid the further proliferation of these nuclear weapons to non-nuclear states. Lastly, the argument that there exists no provision in the NPT preventing the nuclear weap-
Disarmament One of the main issues arising in the context of the NPT is the lack of agreement on how its provisions should be interpreted, as contested interpretations have direct effect on practical application.36 Article 6 has been subject to much debate in regards to the correct interpretation. In the treaty, it reads as: “Each of the Parties to the Treaty undertakes to
Michael Wesley, ‘It's time to scrap the NPT’ [2005] 283-299. Ibid. 287. 27 Jack Garvey, Nuclear Weapons Counterproliferation: A New Grand Bargain (Oxford University Press 2013) 7. 28 UN Disarmament and Arms Control, ‘Report on China on the Implementation of the NPT’ (2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), New York, 2-27 May 2005) <http://www.china-un.org/eng/chinaandun/disarmament_armscontrol/npt/t196288.htm> accessed 15 November 2016. 29 Bowden Bolt et al. ‘The effectiveness of the nuclear Non-Proliferation Treaty (NPT) in curbing Iran’s nuclear programme: A Critical analysis’ [2012] 14-19. 30 Jayantha Dhanapala, ‘1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons’ (Conference, United Nations Headquarters, New York, 25 April 1995) available at: <http:// www.un.org/Depts/ddar/nptconf/214e.htm> accessed 15 November 2016. 31 NPT 1970, Article 6. 32 The UK government has decided to replace its Trident submarines, though is offering to build three not four. (BBC, 29 May 2010) Available at: <http://news.bbc.co.uk/1/hi/in_depth/6103398.stm)> accessed 15 November 2016. 33 Marshall Case (Marshall Islands v. United Kingdom) [2014], paragraph 1 – 3; Marco Rossini, ‘The Cases against the Nuclear Weapon States’ (2015) available at: <https://www.asil.org/insights/volume/19/issue/10/cases-againstnuclear-weapons-states> accessed 20 November 2016. 34 Jack Garvey, Nuclear Weapons Counterproliferation: A New Grand Bargain (Oxford University Press 2013) 7. 35 IAEA Director General Dr. Mohamed ElBaradei, ‘ Towards A Safer World’ Statement. Available at: <https:// www.iaea.org/newscenter/statements/towards-safer-world> accessed 15 November 2016. 36 John Simpson, ‘Is the Nuclear NonProliferation Treaty fit for purpose?’ [2011] 9. 25
26
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67 pursue negotiations in good faith on effective
Thus, the nuclear weapon states’ continuous reluc-
measures relating to cessation of the nuclear arms
tance of implementing disarmament obligations
race at an early date and to nuclear disarmament,
has resulted in questioning, “The seriousness of its
and on a treaty on general and complete disarma-
collective commitment to Article 6 of that Treaty.”42
ment under strict and effective international con-
The expectation of actual disarmament by non-
trol.”
nuclear states43 as supported by courts puts for-
Some would suggest a very literal approach; pursue negotiations in good faith’ means exactly that: “All states [are] to pursue negotiations in good faith; specific disarmament steps are not required.”37 However, jurisprudence would evidence the opposite.
Firstly, the International Court of Justice
ward a strong argument that the NPT has failed in this aspect, as the theoretical provision of actual disarmament is not met in practice. This not only gives traction to a complete prohibition of nuclear weapons as the lone way forward44 but also raises serious concerns in the light of enforcement.
(ICJ) states that the obligation contained within
Enforcement and Non-compliance
Article 6, “Goes beyond that of a mere obligation of
As Article 3 stipulates, all parties to the NPT must
conduct and requires…a precise result-nuclear disarmament.”38 Secondly, the 2000 Review conference of the NPT held that there lies an, “Unequivocal undertaking by the nuclear weapon states to accomplish the total elimination of their nuclear arsenals leading to nuclear
disarmament.”39
Although the ICJ’s advisory opinion on the matter is not strictly legally binding,40 the ongoing Marshall Case emphasises that the obligation imposed under Article 6 is an obligation of conduct on part of NWS.41
agree to safeguards with the IAEA as part of the NPT regime. These provide the necessary mechanism for acting in accordance with its commitments of not using fissionable material for military purposes.45 In practice, the agreements authorise the IAEA to inspect, examine, and approve nuclear plans and facilities, which utilise safeguarded materials and equipment, verifying compliance. 46 Noting the safeguard system is the only established apparatus for determining noncompliance with the NPT,47 its enforcement mechanisms are crucial for
Christopher Ford, ‘Debating Disarmament: Interpreting Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons’ [2005] 401. 38 Legality of the Threat or Use of Nuclear Weapons, ICJ Advisory Opinion of 8 July 1996, 98. 39 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons: Final Document available at: <https://unoda-web.s3-accelerate.amazonaws.com/wp-content/uploads/assets/WMD/Nuclear/ pdf/finaldocs/2000%20-%20NY%20-%20NPT%20Review%20Conference%20-%20Final%20Document%20Parts% 20I%20and%20II.pdf> accessed 20 November 2016. 40 International Court of Justice ‘ Jurisdiction’ available at: <http://www.icj-cij.org/jurisdiction/index.php? p1=5&p2=2> accessed 15 November 2016; Christopher Ford, ‘Debating Disarmament: Interpreting Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons’ [2005] 402. 41 Marshall Case (Marshall Islands v. United Kingdom) [2016] ICJ para 1-3. 42 United Nations Press Release, ‘Nuclear Non-Proliferation Treaty, Unimplemented, Becomes ‘Place-Holder’ for States to ‘Insert Disarmament Measures Here’, First Committee Told’ ( General Assembly First Committee, sixtyninth Session, 13th Meeting, 21 October 2014). Available at: <http://www.un.org/press/en/2014/ gadis3507.doc.htm> accessed 15 November 2016. 43 Matthew Harries, ‘Disarmament as Politics: Lessons From the Negotiation of NPT Article VI’ [2015] 3-5; Michael Wesley, ‘It's time to scrap the NPT’ [2005] 283-299; Frank Barnaby, How Nuclear Weapons Spread (Routledge 1993). 44 International Campaign to Abolish Nuclear Weapons ‘Calls for a treaty banning nuclear weapons’ (Ican, 1 July 2016) available at: < http://www.icanw.org/campaign-news/calls-for-a-treaty-banning-nuclear-weapons/> accessed 18 November 2016. 45 NPT 1970, Article 3; Roger K. Smith, ‘Explaining the non-proliferation regime: anomalies for contemporary international relations theory’ [2009] 253-281. 46 IAEA Statute, Article 12. International Affairs 47 John Carlson, ‘Defining Noncompliance: NPT Safeguards Agreements [2009]. 37
68
The Non-Proliferation Treaty: Ineffective and outdated?
the functioning of the regime. The IAEA has the
suspension of the non-compliant state of regime
following system in place in case of non-
membership.54
compliance: firstly, inspectors under the IAEA make use of their authorised strategies48 to determine if there is compliance by the state with the NPT and its subsequent safeguards.49 The directors, in the case of non-compliance, then report this to the Director General of the IAEA which then transmits the matter to the Board of Governors. If the State called upon by the Board fails to remedy or rectify its non-compliance and fails to take “Fully corrective action within a reasonable time”,50 the Board shall report the noncompliant state to the Security Council and General Assembly of the United Nations.51 Any subsequent action taken by the United Nations Security Council is independent of the IAEA’s mandate,52 as the IAEA is regarded as an independent international organisation related to the United Nations (UN).53 However,
it possesses parallel
measures, which include: the suspension of technical assistance from the Agency and other party members, the call for return and withdrawal of any provided safeguarded nuclear materials, and the
Despite this promising multifaceted hierarchical system, many countries that have signed the NPT have not concluded the required safeguards agreement or the additional protocol, which authorises the IAEA to conduct broader inspections of countries undeclared nuclear facilities.55 Out of the number of parties whom have signed the NPT (191), 9356 are-strictly speaking- only signatories, thus not legally bound to adhere to the treaty or its safeguards.57 This significantly limits the IAEAs theoretical role in ensuring the safeguarded materials are used exclusively for peaceful purposes. Furthermore, “the IAEA system [itself] has no mechanism for effective enforcement; [as] its most potent instrument is to suspend technical assistance to a state in violation.”58 In addition, the IAEA’s ability to detect non-compliance in a timely manner as illustrated by a list of non-compliant states such as Iraq (1991)59, Romania (1992)60, North Korea (1993)61, Libya (2004) and Iran (2006) has led to increased scruti-
IAEA Statute, Article 12(c). Ibid. 50 Ibid. 51 Ibid. 52 International Atomic Energy Agency, ‘Relationship with the United Nations’ available at: <https://www.iaea.org/ about/about-iaea> accessed 15 November 2016. 53 Ibid. 54 IAEA Statute, Article 12(c). 55 Mohamed ElBaradei, ‘Towards A Safer World’ Statement available at: <https://www.iaea.org/newscenter/ statements/towards-safer-world> accessed 15 November 2016 ; Status of the Current Additional Protocol (as of 7 October 2016) available at: https://www.iaea.org/safeguards/safeguards-legal-framework/additional-protocol/ status-of-additional-protocol 56 List of current parties and signatories to NPT available at: <https://www.un.org/disarmament/wmd/nuclear/npt/ > accessed 18 November 2016. 57 Vienna Convention on the Law of Treaties (23 May 1969, entered into force on 27 January 1980) United Nations, Treaty Series, vol. 1155, 331, Articles 10 and 18. 58 Roger Smith, ‘Explaining the non-proliferation regime: anomalies for contemporary international relations theory’ [1967] 259. 59 Mohamed ElBaradei, ‘Towards A Safer World’ Statement. Available at: <https://www.iaea.org/newscenter/ statements/towards-safer-world> accessed 15 November 2016; ‘The Status of Nuclear Inspections in Iraq’ (Statement to the United Nations Security Council, New York 27 January 2003) available at: <http://www.un.org/News/dh/iraq/elbaradei27jan03.htm> accessed 15 November 2016.> accessed 20 November 2016. 60 In 1992 IAEA Director Hans Blix declared Romania had violated its safeguard Agreement with the Agency; David Fischer, ‘New Directions and Tools for Strengthening the IAEA Safeguards’ [1996] 69-75. 61 Wade L. Huntley, ‘Rebels without a cause: North Korea, Iran and the NPT’ [2006] 723–742. 48 49
The International Academic
69 ny and weakened the integrity and credibility of the
lished by the IAEA, in pursuance of ensuring com-
IAEA.62
pliance, is insufficient in preventing states from ini-
The cases of Iran and North Korea are widely regarded as the countries that exposed the NPT’s weaknesses
significantly.63
When
investigating
Iran,64 “The International Atomic Energy Agency
tiating nuclear programmes for non-peaceful purposes, as the mechanisms for ensuring and detecting noncompliance are not sufficient when applied to parties’ conduct.69
(IAEA) was still unable to provide assurances about
Furthermore,
Iran’s undeclared nuclear material and activities
compliance, although in theory would mean the
after more than three years.”65 Furthermore, de-
complete removal of nuclear materials and technol-
spite efforts of the IAEA, “To evaluate Iraq's capa-
ogies, have shown to be ineffective in the present-
bilities on a continuous basis as part of our long-
day as such complete and all-encompassing remov-
term monitoring and verification programme,”66
al is unrealistic in practice.70 Lastly, the curtailing
the declaration and inspection process under which
of parties membership as a consequence of non-
the IAEA operates was unapologetically exposed,67
compliance is superfluous, given that states possess
when “Iraq secretly pursued a nuclear weapons
the sovereign right to withdraw from the treaty at
programme in the 1980s, breaching its commit-
any given time,71 and the requirement of a written
ment under the Treaty…and its safeguards agree-
statement or notice of withdrawal is not interpreted
ment with the
IAEA.”68
the
consequences
for
non-
stringently.72
Under these findings, the NPT’s effectiveness of
Peaceful use of nuclear technology
preventing the proliferation of nuclear weapons is
Acknowledging the existing debate on the interpre-
linked to the non-compliance of states with their agreed safeguards. The theoretic framework estab-
tation of Article 6 of the NPT as either a retractable privilege or inalienable right, jurisprudence would
John Carlson, ‘Defining Noncompliance: NPT Safeguards Agreements [2009] 22. Amir Azaran, ‘NPT, Where Art Thou? The Nonproliferation Treaty and Bargaining: Iran as a Case Study’, [2005] 415-425. ; Wade L. Huntley, ‘Rebels without a cause: North Korea, Iran and the NPT’ [2006] 723–742; George Bunn and John Rhinelander, ‘The Right To Withdraw From The NPT: Article X Is Not Unconditional’ (Acronym Institute for Disarmament Policy 1 May 2005]. Available at: <http://www.acronym.org.uk/old/dd/ dd79/79gbjr.htm> accessed 18 November 2016. 64 In 2003 North Korea withdrew from the Treaty on the Non-Proliferation of Nuclear Weapons ("NPT") -the legal instrument that occupies centre stage in the international nonproliferation regime-and later admitted to manufacturing nuclear weapons more available at: Fact Sheet on DPRK Nuclear Safeguards available at: <https:// www.iaea.org/newscenter/focus/dprk/fact-sheet-on-dprk-nuclear-safeguards> accessed 15 November 2016. ; Amir Azaran, ‘NPT, Where Art Thou? The Nonproliferation Treaty and Bargaining: Iran as a Case Study’, [2005] 415-425. 65 ‘Security Council Demands Iran Suspend Uranium Enrichment by 31 st August, of face possible economic , and diplomatic sanctions’ (United Nations, 5500th Meeting) available at: <http://www.un.org/press/en/2006/ sc8792.doc.htm> accessed 15 November 2016. 66 Mohamed ElBaradei, ‘The Status of Nuclear Inspections in Iraq: An Update’ (Statement to United Nations Security Council) available at: <https://www.iaea.org/newscenter/statements/status-nuclear-inspections-iraq-update> accessed 15 November 2016. ; Robert Litvak, ‘The Status of Nuclear Inspections in Iraq: An Update’ [2000] 7-28. 67 Mohamed ElBaradei, ‘The Status of Nuclear Inspections in Iraq’ (Statement to the United Nations Security Council, New York 27 January 2003). Available at: <http://www.un.org/News/dh/iraq/elbaradei27jan03.htm> accessed 18 November 2016. 68 The IAEA Bulletin ‘Then & Now: The IAEA Turns Forty ( Initernational Atomic Agency Bulletin 1997) available at: <https://www.iaea.org/sites/default/files/then_and_now.pdf> accessed November 16 2016. 69 Mohamed ElBaradei, ‘The Status of Nuclear Inspections in Iraq: An Update’ <https://www.iaea.org/newscenter/ statements/status-nuclear-inspections-iraq-update> accessed 15 November. 70 Mohamed ElBaradei, ‘The Status of Nuclear Inspections in Iraq’ available at: <https://www.iaea.org/newscenter/ statements/status-nuclear-inspections-iraq> accessed 15 November. 71 NPT 1970, Article 10. 72 Fact Sheet on DPRK Nuclear Safeguards <https://www.iaea.org/newscenter/focus/dprk/fact-sheet-on-dprkInternational Affairs nuclear-safeguards > accessed 15 November 2016. 62 63
70
The Non-Proliferation Treaty: Ineffective and outdated?
complement the former. Firstly, the IAEA Statute
retract them of their portion of the bargain.79 These
clearly states that the privilege of participating in
sentiments were revealed in the response by the
the exchange of nuclear technologies may be re-
non-complying state (Iran) and other NNWS in the
tracted if the member state ‘persistently violates’
arguably politically biased treatment of Iraq,80
the agreements made with the IAEA or provisions
where it was held that political and technical issues
within the IAEA Statute.73 In addition, the IAEA’s
were indistinguishable.81 Despite Iran arguing that
Legal Framework for its Safeguards highlights the
by virtue of being, “A committed signatory to the
aforementioned notion, emphasising that non-
Non-Proliferation Treaty and a member of the
compliance will result in the, “Recall of material
IAEA, [and thus] …entitled to develop nuclear tech-
and equipment, and/or the suspension of the privi-
nology for peaceful purposes,”82 the privilege was
leges and rights of IAEA membership.”74 In prac-
retracted.
tice the same rings true: When the United Nations Security Council commanded Iran to cease uranium enrichment, they revoked its right to use nuclear energy for peaceful purposes.75
In terms of structural weaknesses, some would argue the NPT was predestined from the start,83 as it is built on the inherent dichotomy between peaceful uses of nuclear energy and nuclear energy for mili-
Despite the arguments that, “NNWS were assured
tary purposes. Although the IAEA makes considera-
that they had an ‘inalienable right’ to the peaceful
ble effort in distinguishing between the two, there
application of nuclear energy” as part of the bargain
are grounds for arguing that, “States have used the
against NWS monopoly,76 IAEA legal documents
technological expertise gained at safeguarded facili-
would suggest the contrary.77
Notwithstanding
ties to develop parallel, unsafeguarded nuclear pro-
what can be argued to be misleading language, the
grams.”84 The exchange of nuclear technologies fa-
‘inalienable right’ is in reality a conditional right,
cilitated through the NPT and the IAEA’s safeguard
dependent upon the state in question acting, “In
agreements not only acts as an incentive to states to
conformity with Articles I and II of the NPT”78 and
become part of the NPT but also as an unintended
thus reserved for complying member states of the
but potentially dangerous gateway to nuclear weap-
NPT only. Yet, the states differing interpretations
on knowledge.85 As acknowledged by the IAEA,
acts as an additional factor causing animosity on
“Enrichment and reprocessing technologies are
part of the non-nuclear weapon states as it would
open to use for other purposes, and have been the
IAEA Statute, Art 19 on Suspension of Privileges. Legal Framework for IAEA Safeguards, 6.9 Compliance and Enforcement 25. Available at: <https://ola.iaea.org/ ola/documents/Pub1608_web-final.pdf> accessed 16 November 2016. 75 UNSC Res 1696 (2006). 76 Giorgio Franceschini, ‘The NPT Review Process and Strengthening the Treaty: Peaceful Uses’ [2012] 2-15. 77 Legal Framework for IAEA Safeguards, 6.9 Compliance and Enforcement, 25. Available at: <https://ola.iaea.org/ ola/documents/Pub1608_web-final.pdf> accessed 16 November 2016. 78 Scott Sagan, ‘Shared responsibilities for nuclear disarmament’ [2010] 4. 79 Giorgio Franceschini, ‘The NPT Review Process and Strengthening the Treaty: Peaceful Uses’ [2012] 5. 80 Mohammad-Reza Tabesh, ‘IAEA reports on Iran nuclear program political, biased: Iran MP’ Judiciary of the Islamic Republic of Iran, High Council for Human Rights 2013) available at: <http://en.humanrights-iran.ir/news20328.aspx> accessed 16 November 2016. 81 Ibid. 82 Ibid. 83 Daniel Joyner, ‘Interpreting the Nuclear Non-Proliferation Treaty’ [2012] 281-283; Michael Wesley, ‘It's time to scrap the NPT’ [2005] 283-299, Frank Barnaby, How Nuclear Weapons Spread (Routledge 1993). 84 Matthew Roenig, Exporting the Bomb: Technology Transfer and the Spread of Nuclear Weapons (Cornell University Press, 2010) 12. 85 Ibid. 73
74
The International Academic
71 cause of proliferation through illicit or unsafe-
mark the efforts of the IAEA to curb the use of nu-
guarded use.”86
clear energy for military purposes futile if the use of
As exemplified by North Korea and Iran, “The spread of civil reactor technology has provided cov-
nuclear energy for peaceful purposes is still permitted.
er for many countries to proceed varying distances
Despite being an important arms limitation treaty,
development.”87
the NPT overall seems to have some inherent weak-
This too close for comfort88 relationship between
nesses, and thus is largely ineffective in preventing
peaceful and non-peaceful nuclear technology could
the proliferation of nuclear weapons in practice. It
render the encouraged “fullest possible” exchange89
must be noted, however, that non-compliance by
in combination with the pretext of the 'inalienable
individual states is not explicitly stated as grounds
right,' a pathway to advance states’ nuclear weapon
for making a treaty null or void in its entirety,93 yet
agendas. This would create a pathway for coopera-
its inefficiency in preventing the proliferation of
tion of states assisting each other in building and
nuclear weapons does raise serious questions of its
transferring illicit technologies in spite of Article
competence to restrain the current international
1.90 Although, these arguments might seem far-
community. The issues surrounding the ambiguous
fetched, the IAEA director himself has stressed this
meaning of provisions give states room to interpret
concern: “Should a state with a fully developed fuel-
them flexibly and to their advantage, as non-
cycle capability decide, for whatever reason, to
compliance and enforcement mechanisms within
break away from its non-proliferation commit-
the IAEA are limited. Furthermore, the asymmetry
ments, most experts believe it could produce a nu-
of some states possessing nuclear weapons feeds
down the path of nuclear weapons
clear weapon within a matter of
In ef-
into the perceived imbalance felt particularly by
technologies
non-nuclear weapon states, which contributes to
knowledge and safeguarded fission material could
chronic global insecurity.94 In addition, the dis-
result
enough
semination of knowledge of nuclear technologies
knowledge and material to, in essence, build a nu-
has resulted in 35-40 countries in the know by
clear weapon should it wish to do so.92 This would
some estimates,95 which not only strains the IAEAs
undermine the purpose of the treaty entirely, and
capacity for surveillance and inspection; it, in turn,
fect,
the in
exchange supplying
of the
months.”91
nuclear state
with
‘A Critical analysis of the Safeguards to Prevent the Proliferation of nuclear weapons’ (World Nuclear, April 2016) available at: <http://www.world-nuclear.org/information-library/safety-and-security/non-proliferation/safeguardsto-prevent-nuclear-proliferation.aspx > accessed 18 November 2016. 87 Mary Olson, ‘Article IV: The NPT's Fault line’ (NPT Review Conference- Civil Society Presentations 2010) delivered by Mary Olson available at: <http://www.un.org/en/conf/npt/2010/pdf/nuclearenergy.pdf> accessed 16 November 2016. 88 Patricia Lewis, Heather Williams et al, ‘Too Close for Comfort Cases of Near Nuclear Use and Options for Policy’ Chatham House Report, [2015]. 89 NPT 1970, Article 5(2). 90 Roger Smith, ‘Explaining the non-proliferation regime: anomalies for contemporary international relations theory’ [1967] 259. 91 Mohamed ElBaradei, ‘Towards A Safer World’ Statement. Available at: <https://www.iaea.org/newscenter/ statements/towards-safer-world> accessed 15 November 2016. 92 Roger Smith, ‘Explaining the non-proliferation regime: anomalies for contemporary international relations theory’ [1967]. 93 Vienna Convention on the Law of Treaties (23 May 1969, entered into force on 27 January 1980) United Nations, Treaty Series, vol. 1155, 331. 94 Mohamed ElBaradei, ‘ Towards A Safer World’ Statement. Available at: <https://www.iaea.org/newscenter/ statements/towards-safer-world> accessed 15 November 2016. 95 Mohamed ElBaradei, ‘ Towards A Safer World’ Statement. <https://www.iaea.org/newscenter/statements/ towards-safer-world> accessed 15 November 2016. 86
International Affairs
The Non-Proliferation Treaty: Ineffective and outdated?
72
also erodes technical barriers to designing weapons.96
Lastly, the NPT’s paramount reliance on,
“The promise of the signatories to use nuclear materials for peaceful purposes only,”97 as evidenced repeatedly by the conduct of states, does not fully reflect the reality in which only a very small quantity of uranium is needed to manufacture nuclear
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International Affairs
76
12 The Inefficacy of Economic Sanctions ANDY GRACKLAUER MARTIJN AKKERMAN
In this article, authors examine the efficacy, or rather inefficacy, of economic sanctions which have become the preferred strategic instrument in the 21st century’s economically interdependent world. The authors assess the topic trough three case studies: Cuba, Iraq and Russia and show that while, in theory, sanctions could be effective – if they were to be universally applied, gave public bargaining power and could be properly targeted – in reality, they often turn out to be inefficient and counterproductive. The article concludes that the 21st century may be the time to reconsider the current use of economic sanctions. Starting with the search for more alternatives to coerce a change in upcoming and already existing regimes with the use of more effective tools.
T
he global theatre in the 21st-century
gard borders, nuclear proliferation, a land grabbing
finds nation states, as well as the inter-
Russia and the rising power of China to name a few.
national system faced with a myriad of
Cyber warfare alone has blurred hard geographical
threats. These threats are not always in
boundaries and renders deterrence as a questiona-
the form of traditional challenges encountered in
ble possible strategic instrument. Despite this mul-
previous centuries, such as insurgents who disre-
titude of new aggressions, there has not been a total
The International Academic
77 war between great power states since World War II.
tions against Iraq (Gottemoeller 2011). Three case
Economic interdependence, as a result of globalisa-
studies have been selected to demonstrate the inef-
tion, has made economic sanctions the preferred
ficacy of economic sanctions. These cases are Cuba,
strategic instrument to counter most threats and
Iraq and Russia. These cases occurred in different
compel states into desired change. However, this
time periods and concern both comprehensive and
paper will argue that this tool does not always reach
targeted sanctions and are, therefore, deemed suit-
the desired result. It is mainly a ‘gesture strategy´
able to support the inefficacy argument.
to use when diplomacy no longer works, but war is considered too costly. The alternative states opt for is often sanctions. The term ´sanctions´ does not have a commonly agreed definition. However, the one employed is the most relevant to the discussion in this paper. Economic sanctions are:
The economic embargo against Cuba was an attempt by the United States to shape and modify the behaviour of its President Fidel Castro and his communist government. Castro’s regime was regarded as a considerable threat to the strategic interests of the USA and Washington wished to eliminate Cu-
‘a means to exercise pressure through the
ba`s Communist government entirely (Kaufman
withdrawal or the threat of withdrawal of
Purcell 1998:35). In 1959, when Fidel Castro came
customary trade or financial relations, im-
to power in Cuba, he established a regime hostile
posed by one state or a coalition of states,
towards capitalism. Nevertheless, the US was
with the desired end of coercing a change in
Cuba’s main trading partner in the 1950s. With
the political system or policies of a targeted
more than 60 percent of the country’s exports to
state.’ (Koutrakos 2001: 49; Rutherford
the American markets and roughly 70 percent of
1995: 164; Hufbauer, Schott and Elliot,
the island’s imports coming from the US, Cuba was
1990: 2)
heavily dependent on trade with North America
“Sanctions have long been an important stage between the ´talking therapy´ of diplomacy and the use of military force have are an important alternative
Cuba
for
the
use
of
military”
(Gottemoeller
2011:100). Economic sanctions can be either comprehensive or targeted. Comprehensive sanctions are broad and involve trade and finance bans. This usually has an impact on the population of the state. The idea is that “the pain inflicted by sanctions on citizens of a target state will cause them to pressure their government into making the changes demanded by the sanctioning body” (Mack & Khan 2000:281). On the other hand, targeted or ´smart´ sanctions specifically try to “target the political elite” (Gottemoeller 2011:100). This notion first
when the embargo commenced (Losman 1979:21). When Washington imposed a total embargo on exporting goods and services to Cuba on 19 October 1960, Fidel Castro was in need of new trading partners. Therefore, the “socialist bloc became Cuba’s dominant trade partner, supplying 79.8 percent of Cuba’s imports by 1966 and absorbing 81.4 percent of Cuban exports in that same year” (Losman 1979:24). In addition, several Western nations did not follow the boycott and continued trading with Castro’s regime. Even American firms themselves contravened the export regulations by shipping American goods to foreign companies which then supplied the goods to other companies or directly to Cuba (Losman 1979).
found traction after the issues regarding the sanc-
International Affairs
The Inefficacy of Economic Sanctions
78 To understand why sanctions against Cuba failed
(UNSC Res 678, 1990)” (Wallensteen, Staibanov
and the US was subsequently unable to demolish
and Eriksson 2005:6). This resulted in a military
Castro’s regime, one must understand the Marxist
operation in 1991. After the military operation the
ideology of the Cuban government. Castro regarded
comprehensive sanctions continued to be imposed
himself as the leader of a revolutionary movement,
on Iraq. The ultimate objectives of the economic
he was eager to fight capitalism and, therefore, not
sanctions were “compliance”, “containment”, and
even thinking of surrendering under the pressure of
“change of government”. The first objective entailed
economic sanctions. In 1975 the Cuban government
forcing Iraq to meet the aforementioned require-
even supported Marxist fractions in Ethiopia and
ments. The aim of the second objective was to
Angola by tens of thousands of soldiers. Further-
“prevent Iraq from becoming a militarily significant
more, Castro supported Puerto Rico’s independ-
actor in the region” and the third was to “bring
ence to further demonstrate his resistance of the
about the fall of the Saddam Hussein” regime
United
(Wallensteen, Staibanov and Eriksson 2005:7).
States
(Hufbauer,
Schott
and
Elliott
1990:318).
“Numerous recent studies have pointed out that
“In summary, the embargo has been quite economi-
sanctions,
cally damaging, although much of its incidence has
sanctions, are not a nonviolent alternative to armed
been shifted to the socialist bloc. Its political re-
force” (Mack and Khan 2000:284). Unfortunately,
sults, on the other hand, have been questiona-
Iraq is one of the best examples of this. It was a
ble.” (Losman 1979:46). Even though the US-
“humanitarian disaster”. In 1999 a thorough study
implemented embargo brought hard times with it
by Columbia University indicated that most likely
for Cuban citizens, the economic sanctions were not
200,000 children below the age of five died
powerful enough to significantly change the island’s
between 1990 and 1998. The majority of these
government and policy. Not only did Fidel Castro
deaths were a consequence of the sanctions regime
stage himself as the much-loved heroic figure to
(Mack and Khan 2000:284). One could argue that
fight the threats of American capitalism, the embar-
the pain inflicted on the public is a means to an
go also did not work because other countries, such
end. However, this ignores the moral issue of
as the Soviet Union, were willing to trade with Cu-
affecting non-combatants and it is also irrelevant in
ba. In fact, there was certainly no chance that the
this case because the sanctions did not pressure the
embargo could have worked without being univer-
leading regime into making the desired changes. In
sally applied.
authoritarian
In 1990 the United Nations imposed comprehensive sanctions on Iraq after it invaded Kuwait. The sanctions were aimed at the “freezing of Iraqi and trade”
in
states,
particular
comprehensive
comprehensive
sanctions
“destroy the social fabric” while they do not
Iraq
Kuwaiti
and
assets
abroad
(Wallensteen,
and
Staibanov
a and
ban
on
Eriksson
2005:6). However, the economic sanctions did not seem to have the desired effect. As a result the “Security Council authorised the use of ´all means necessary´ to end Iraq´s occupation of Kuwait
necessarily work (Mack and Khan 2000:285). Arguably this made the suffering of the public in Iraq rather pointless. The Bush administration decided to invade Iraq in 2003 to realise the desired regime change. The war was successful in the sense that it led to the fall of Saddam Hussein. However, the central question is whether the sanctions fulfilled their purpose. In this case, it can be argued that they did not as the
The International Academic
79 US resorted to war, automatically rendering the
As EU member states, notably Germany, sought
sanctions useless. It is highly unlikely that the sanc-
alternative suppliers of natural gas, Russia had to
tions would have ever achieved their objectives if
turn elsewhere to find a buyer. Hence, the country
the US had not invaded Iraq because it is argued
managed to bypass some of the sanctions by
that the longer the time-span of sanctions, the low-
turning to China. This is an excellent example of
er the chance of success (Ashford 2016:118), hence,
how sanctions may be flawed when they are not
they have been an utter failure.
universally applied. Furthermore, Russia reacted by imposing its sanctions on the West like blacklisting
Russia On November 21st 2013, the Ukrainian President Yanukovych’s cabinet abandoned an agreement on closer trade ties with the EU. Instead, closer cooperation
with
Russia
was
sought.
As
a
consequence small civilian protests broke out in the Ukraine, leading to an escalation which resulted in Russia annexing Crimea in March 2014. The US and the European Union responded by imposing ‘smart’ economic sanctions (Doss 2016:2).
fruits and vegetables from EU memberstates in August 2014 (Nielsen, 2014). Also, there was a ‘rebound effect’ of the sanctions imposed against Russia. A lot of EU member states suffered from the sanctions themselves. Not only that, smaller countries such as Malta (-78%), Cyprus (-42%), and Belgium (-27%) were primarily affected by the EU-imposed sanctions. Also, big EU players like Germany and the UK both experienced a -18% decline in exports to Russia, while in France and
The purpose of the sanctions is to pressure Russia
Italy the total decline was about -12% (Kholodilin
into changing its policy in regards to the Ukraine.
and
However, if one looks at this objective, then they
Commission reportedly assessed that the EU lost
have been not working so far. The regime and elite
about €50 billion through economic sanctions
have been able to circumvent the impact, but the
against Russia in 2015, which meant -0.4 % of the
people of Russia do feel the impact (Ashford 2016).
European GDP (Szczepański 2015:4). This shows
Imposing the sanctions during a recession has led
that the nations of the west are economically very
Moscow to “slash spending on health care, infra-
intertwined with Russia and suffer a backlash by
structure, and government salaries, which has cre-
their sanctions. In conclusion, this case clearly
ated
indicates that the sanctions do not have the power
economic
hardship
for
ordinary
Rus-
sians” (Ashford 2016:116). Obviously, the aim was to avoid this, as that, in theory, is the reason why ‘smart’ sanctions were designed in the first place.
Netˇsunajev
2016:1).The
European
to achieve the desired effect. To conclude, in all three cases, it is clear that sanctions do not work the way they should. Considering
Additionally, the popularity of Putin has risen from
the Iraq case study, the comprehensive sanctions
around 60 percent at the beginning of 2014 to
clearly did more harm to the people of Iraq than to
around 80 percent in 2015 (Levada-Center 2015).
the leaders or the government, but people in such
This is in contrast with the supposed aim of the
an authoritarian state are unable to pressure the
public denouncing of the Russian regime. It can be
regime to make political changes. Therefore, ‘smart’
argued that the sanctions imposed have had the
sanctions may sound like a better alternative in the-
unintended effect of endearing Putin to the Russian
ory, but as the Cuban and Russian cases show, they
people.
do not necessarily work in practice. In general, it is
International Affairs
The Inefficacy of Economic Sanctions
80 clear through the insight that the cases have given,
Kholodilin, K.A. and Netˇsunajev, A. (2016)
that the economic sanctions were, or are, a failure.
‘Crimea
To the question whether sanctions lack the power
Sanctions on Russian and European Economies’,
and capacity to achieve their desired effect, the an-
DIW Discussion Papers, No. 1569.
swer, in this case, is a definite yes. In theory, sanctions could be effective, if they were to be universally applied, the public would able to pressure the regime into change or the government could be properly targeted without any means of sheltering or passing on the blow to the public. This, of course, is wishful thinking. One must see the world as it is and accept the overall inefficacy of sanctions. Understanding this, the 21st century may be the time to
and
Punishment:
The
Impact
of
Koutrakos, P.(2001) ‘Trade, foreign policy and defence in EU constitutional law: the legal regulation of sanctions, exports of dual-use goods and armaments’ Hart Publishing. Losman, D.L.D.L.(1979) ‘International economic sanctions; the cases of Cuba, Israel, and Rhodesia’, University of Mexico Press. (No. 04; HF1416, L6.).
reconsider the current use of economic sanctions.
Mack, A. and Khan, A.(2000) ‘The efficacy of UN
Starting with the search for more alternatives to
sanctions’, Security Dialogue, 31(3), pp.279-292.
coerce a change in upcoming and already existing regimes with the use of more effective tools.
Nielsen, N. (2014) ‘Russia in sanction thread against EU’, euobserver [Online] Available at: https://euobserver.com/foreign/125193
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81
13 21st: The Social Century MARTON KOTTMAYER
Since the beginning of the 21st century, the world seems to rearrange itself daily. This article will focus on the means and channels of these changes. As technology continues to advance and grow, so does the ease of access to social media. Alongside, come the new ways of spreading information, communication, and sharing. The paper will investigate the implications of rapidly growing social media use in the global community, explore its tangible effects and will try to place it into a social and technological context.
S
ocial media responds as fast as its users
react promptly in regular basis. As social media has
generate
current
become one of the most popular news sources, sig-
events. If an event, regardless of where it
nificant increase in the spread of mishandled and
is taking place or its material impact,
incorrect information is an inevitable result. PEW
generates enough interest, it may become a nation-
Research Centreâ&#x20AC;&#x2122;s 2016 survey revealed that 62% of
al or international story. Furthermore, social media
American citizens used social networks for orienta-
can act as a catalyst to a small event that perhaps
tion (Gottfried and Shearer 2016). Such numbers
would have otherwise deescalated (Venkatramanan
can have tangible effects on society due to the sheer
2013). Humankind would have not been able to
number of participants, with little to no means of
achieve such responsiveness without the technolog-
controlling their behaviour or to quantify the im-
ical advancements made in the last decades (Wilson
pact. This lack of regulation has certain appeal and
2008). Handheld devices and global communica-
it lures towards the unknowns of this new social
tion systems allow individuals to stay informed and
space. Individuals have an increased influence in
content
addressing
International Affairs
21st: The Social Century
82 the mechanims of publication. Thus, they can rede-
The term “community project” (Kickstarter.com
fine what is regarded as significant (Zubiaga et al.
2017) may be worn as a medal after achieving
2011). These so-called “trending topics” might be
something positive and noteworthy. However,
soci-politically significant phenomena, such as the
Twitter advertisements featuring cyberbullying or
2013 Egyptian revolution fueled by social media
war crimes are never seen, even though, it can be
(Eaton 2013:11-13) or
argued that also publishing indecent content
seemingly marginal inci-
is
dents such as the death of a gorilla in Cincinnati
part of the freedom of expression. This was demon-
Zoo, which stirred up unexpected shockwaves with-
strated by the controversial US Supreme Court case
in online communities in 2016 (Cresci 2016).
Reno v. Reno v. American Civil Liberties Union
Social Media alone cannot change the society overnight. Instead, it is capable of shedding light on anonymous behaviour on a stage more immense than anything before. The intangible web of opinions, facts and different perceptions of truth can quickly become confusing due to the sheer number
(1997) during the early days of the internet: the Rehnquist Court1 decided against the constitutionality of the Communications Decency Act of 1996, which was intended to protect minors from viewing ‘obscene or indecent’ messages, as it was limiting freedom of speech (Justia Law 1997).
of them. In social media, each participating individ-
Regardless of whether the mechanics are under-
ual is shaping the global conversation and there is
stood, using technologies to their full extent is a
no tangible ciriteria tied to the contribution (Leung
part of human behaviour (Taylor and Todd
2009:1336-7). Furthermore, it is encouraged by the
1995:151-153). This is no different in the case of in-
developers of the aforementioned technologies
formation technology and social media. Every user
through numerous methods, such as automatically
is able to explore the possibilities offered by these
generated inquiries to “rate and comment” the
services and find new and original channels of con-
viewed content or the welcoming messages asking
veying their message. Social media is a relatively
the users “what’s on their mind”.
recent invention. Due to the nature of technological
There are examples of cooperation within global communities which would have been impossible with tradtional means of communication. The previously mentioned “Arab Spring” is a precedent, exhibiting the magnitude of a phenomenon magnified through the presence of social media. However, not all causes are political. Varying achievements, such as thousands of successful Kickstarter and Indiegogo projects, such as financial help to Stefan Karl (the performer of latest internet sensation “We are number one”)(gofundme.com 2016), are due to the effort of the internet communities. Yet, often the society and the creators of these technologies have seemingly different ideas regarding the intended use. 1 Supreme Court of the United States from 1986 to 2005 (Smith 2007)
advancement, we cannot predict the potential and outcome it may achieve later on. The advancements in technology do not have a natural tendency to be positive or negative. Indeed, technology, much like any tool, can be used for good or bad purposes. If, however, social media is used with corrupt intentions, it can give considerable capability to the user. However, the definition of corruption is not clear either: individual understandings of truth may be subjective, a matter of one’s perception (Ingold 2011:171). Although certain individual bias is always present, the result of global communication technologies is that the differences between personal comprehensions of facts become apparent. Representatives of ideas gain followers as well as
83
The International Academic
critics. While the optimimal outcome would be that
and thus; the role of elite leadership has changed.
clashes of arguments work toward the improve-
The messages of leaders are now often conveyed
ment of the original notion, this is rarely the case.
through more direct ways. Public institutions and
The explanation can once again be found – in its
public figures are treated as any other user and
core – the instinctive behaviour of users. Impulsive
statements made on Twitter or Facebook are now
reaction is a reflex response when seeing something
regarded as official statements (Bertot, Jaeger and
concerning or sensational. This is supported by a
Hansen 2012:37-39). Due to the possibility to com-
2016 IPSOS poll per which a majority of social me-
ment or reply, the attitudes of the public figures as
dia users believed false news featuring high shock-
well as their followers are open to change. This
value titles (Ipsos Public Affairs, 2016). Events sim-
brings them closer as it gives the ordinary Joes the
ilar to the 1938 Panic after airing Orson Welles’ ra-
opportunity to get their message across while also
dio play, “The War of the Worlds”, are happening
diminishing the sense of superiority. Communica-
daily. While the radio play incident was uninten-
tion in form of a grand speech, taking place in a
tional, being a disruptor has become attractive in a
meaningful location or broadcasted through one
way since it offers a certain type of “fame”, an unu-
way channels (such as newspapers or television),
sual way of making difference (Buckels, Trapnell
leaves no place for immediate reaction. However, it
and Paulhus 2014).
grants time to form a coherent response to those
Transitions in history are rarely controlled changes. Tangible transformations often feature unexpected situations. Crucial events, like the Revolutionary Wave of 1848, were not foreseen during the years preceding them and the social impact they made
who have access to such channels. A 140-character tweet on an interface, allowing immediate reply to more than 3 billion people (ITU 2016), can induce impulsive and unwary reactions directly from those whom the message was directed to.
was unclear until they could be observed in hind-
The role of the internet in community building can-
sight. Comparing the “digital revolution” to the
not be denied. However, the results of positive
bloody events of the 19th century is not unfounded.
goals achieved through cooperation, such as crowd-
Although modern revolutions that base themselves
funding projects, can be inversed due to the men-
through digital mediums do not at first appear to
tioned impulsiveness. Instead of a tranquil, bal-
share the same potential for violence as their name-
anced and rational space, often the loudest and
sakes in previous centuries, we are still in unchart-
most controversial opinions attract the most atten-
ed territory. While it would be an overstatement to
tion. Thus, foreseeing results and building up a co-
claim that the emergence of social media was the
herent strategy can become more complicated. This
sole most important change in the 21st century, it is
was well demonstrated in two globally singificant
safe to say that it revolutionised society. While oth-
political events of 2016. Majority of the predictions
er developments covering specific areas appear to
regrarding the EU referendum (Financial Times,
bear less influence in everyday life, the unstoppable
2016) and the US presidential election (BBC News,
spread of information technologies serves as a tool
2017) were expecting a different outcome. Polls re-
for the whole humanity to shape the world. Yet it is
lied too heavily on traditional approaches and ig-
just a tool, which makes it fascinating and terrify-
nored the impulsiveness conveyed through these
ing, the changes themselves are the product of soci-
new channels. In order to arrive to accurate predic-
ety. The importance of masses has increased greatly
tions, new estimators, which account for human
International Affairs
21st: The Social Century
84 irrationality in a scale of billions of individuals, are
Eaton, T. (2013) ‘Internet Activism and the Egyp-
needed (McKinsey & Company 2011). While this is
tian Uprisings: Transforming Online Dissent in-
possible, analysing these growing quantities of vari-
to the Offline World’, Westminster Papers, 9(2),
ables requires increasingly more processing power.
3-24.
Thus, since technology changed society radically, society should aspire to influence, motivate and boost technological advancement. Futurologist Ray Kurzweil’s (2005) theory describes technology as a self-inducing process which will progress exponentially until reaching a stage -singularity where the pace of the development became virtually instantaneous. Yet the question remains: will technological advancement ever catch up with the social impact it
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International Affairs
86
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