‘We are not Victims,we are Protagonists of this History’

This article centers on the Mexican and Argentinean ‘Dirty Wars’, examining the limitations inherent in human rights and women's human rights responses to these epochs of violence. I situate Argentina's report on the dictatorship, Nunca más (1984), in conversation with Elena Poniatowska's text on the 1968 Mexico City massacre, La noche de Tlatelolco (1971), to trace the rise of a global human rights discourse that has become the dominant manner of conceptualizing human rights violations and gender violence in the latter half of the twentieth century. While feminist critiques of human rights have centered on the lack of gender-specific focus of violence committed against women, this article questions whether the women's human rights discourse disengages the historical, economic and geopolitical realities from which these violations were committed and instead focuses on women's sexual violations to garner international condemnation of gender violence. By turning to these texts, this article centers on the possibilities and limitations of women's human rights discourse and the impact this has on the shaping of women's political agency. This article calls for a critical feminist approach to women's human rights in order to document narratives of women survivors of human rights abuses without obfuscating their political subjectivities.     

‘Irregular Adoptions’ in Chile: New Political Narratives About The Right To Know One's Origins

This article examines the background of ‘irregular’ adoptions in Chile and the recent dispute process of political narratives about this topic, in the context of Chilean adoption policies and practices. Special focus is on how the adoption policies and practices have caused serious human rights violations in particular to the child's rights to know one's origins. The article discusses the design and implementation of recognition, justice and reparation policies, for the prevention of future risks associated with these irregular practices.     

“Its Own Kind of Torture”: Denial,Acknowledgment, and the Debate About Force Feeding at Guantánamo Bay

Social science research has revealed how U.S. political and media elites, as well as U.S. citizens, downplayed and denied allegations of torture during the country's wars in Afghanistan and Iraq. This research effectively applies and extends Stanley Cohen's ( 2001 ) typology of the rhetoric of denial. We lack, however, a typology of the rhetoric of acknowledgment. In this article, I synthesize studies of discourse of torture to develop just such a typology. I propose three rhetorical forms of acknowledgment, which parallel Cohen's forms of denial. Literal or factual acknowledgment includes claims to convince audiences that alleged incidents indeed occurred. Interpretive acknowledgment consists of claims to affirm that those allegations constitute serious human rights violations, such as cruel, inhuman, or degrading treatment or torture. Implicatory acknowledgment includes efforts to delegitimize torture. I then illustrate the use of the rhetoric of acknowledgment through a qualitative content analysis of newspaper coverage of force feeding at the United States' detention center at Guantánamo Bay, Cuba. This case allows me to extend our understanding of the rhetoric of denial and acknowledgment by revealing ways in which discourse around force feeding deviates from that around the United States' use of “enhanced interrogation” and torture.     

Performing the ‘wounded Indian’: a new platform of democracy and human rights in Bolivia’s autonomy movement

This article examines Right-wing political performances in the Bolivian Eastern lowlands where regional elites claim to be living under the authoritarian dictatorship of Left-leaning President Evo Morales. We analyse how regional elites advocate for political autonomy through embodied and spectacular performances linked to discourses of indigeneity, human rights and democracy. Right-wing leaders try to legitimise their claims for justice and territorial control by strategically aligning themselves with lowland ‘Indians’ – who are equally wounded by Morales’s plan to run a massive highway though their communities and territories. Through theatrical exhibits in the plaza and a spectacular assembly spotlighting an indigenous representative as an emblematic hero of TIPNIS, regional elites perform a shared history of marginalisation, while simultaneously presenting themselves as ‘saviors’. We argue, however, that there is a dark side to these performances, as they elide long histories of racialised labour and economic injustice in the region.     

Mighty Crime Victims: Victims' Rights and Neoliberalism in the American Conjuncture

Over the last 30 years, the victims' rights movement has expanded the role of victims in the American criminal justice system. As a result of this movement, judges, prosecutors and parole boards must now hear victims' views at all stages of the criminal justice process, including plea bargains, and sentencing and parole decisions. Legislative efforts have been spearheaded by victims' families, and legislation has been named after deceased victims. Also, victims' families can now view executions in states across the country. The victims' right movement assumes that the criminal justice system should privilege victims' interests over those of society. In so doing, it denies society as a consideration, which is tantamount to a denial of society itself. This article positions victims' rights' denial of society within the current conjuncture, marked as it is by the contradiction between neoliberalism and American liberalism. Victims' rights' denial of society is an expression of the denial of society implicit in American neoliberalism, which seeks to privilege individual interests over those of society. This paper argues that victims' rights is a powerful element of the neoliberal project for three reasons. First, victims' rights imputes the authority of legal discourse to neoliberalism's denial of society. Second, important actors in the rise of neoliberalism have also worked to establish victims' rights. Finally, victims' rights comprehensively circulates throughout America and offers powerful points of identification that incorporate Americans into the victims' rights formation. I explore the denial of society in three victims' rights practices: naming criminal legislation after crime victims and passing such laws in honour of victims; allowing victims' families to view executions; and prosecutors, judges and police personnel making legal decisions according to victims' wishes. I examine the consonant denial of society in three neoliberal practices – monetarism, supply-side economics and welfare reform – and demonstrate how neoliberal advocates like Bill Clinton, Ronald Reagan and Paul Gann worked to advance victims' rights. I also describe the production, consumption and comprehensive circulation of victims' rights texts. Finally, I consider Cultural Studies' unique contribution to legal studies.     

Rejected asylum seekers: the problem of return

During this decade the return of rejected asylum seekers has become an issue of increasing concern to major asylum states in the industrialized world. This article exposes the various political and legal approaches taken by returning states as well as the constraints emerging from human rights law.
As a rigid control paradigm and related enforcement practices entail a considerable risk of human rights violations, it seems reasonable to focus on measures enhancing the voluntary compliance of all actors involved with norms governing return.
This means negotiating a broad political consensus between returning states and countries of origin, specifying the legal framework with a view to securing the human rights of the rejectee, arranging for impartial monitoring of return practices and rendering voluntary forms of return more attractive.     

EDITOR'S NOTE ON PERFORMING LOVE

Since the first Gulf War, we have witnessed a global repositioning of the visual communication practices, utilities and techniques of the state and media as regards political mobilization, identity formation, geographic perception, political violence, urban planning, public safety and human rights. The circulation, of anthropologically threatening images of violence, terror, covert infection and social suffering has intensified in our public culture. Examining perceptual systems of global risk, this essay asks: what is the visual structure of the historical catastrophe as mediatic event? How do visual cultures and technologies of risk and threat perception stratify sensory experience? How do visual cultures of risk affect how perpetuators and victims of violence and human rights violations depict their political experience as historical truth?     

What governs governance,and how does it evolve? The sociology of governance‐in‐action

Governance addresses a wide range of issues including social, economic and political continuity, security and integrity, individual and collective safety and the liberty and rights to self-actualization of citizens. Questions to be answered include how governance can be achieved and sustained within a social context imbued with cultural values and in which power is distributed unevenly and dynamically, and how governance impacts on individuals and institutions. Drawing on Gramscian notions of hegemony and consent, and recent political science literatures on regulation and meta-regulation, this paper develops a sociological model of governance that emphasizes a dynamic and responsive governance in action. Empirical data from a study of pharmaceutical governance is used to show how multiple institutions and actors are involved in sustaining effective governance. The model addresses issues of how governance is sustained in the face of change, why governance of practices varies from setting to setting, and how governance is achieved without legislation.     

DEVELOPMENT OF PRACTICE

In this paper it is described how the work of the Balay Rehabilitation Centre in the Philippines has changed over time as the political and human rights conditions of the country's affected areas have changed. Balay's psychosocial rehabilitation programmes address the needs of individuals and communities and offer support and healing. Originally Balay focused on individual and family-level psychological and social intervention in accordance with clinical diagnoses; however, as the political and human rights situation of the Philippines changed and large numbers of people became victims of trauma and displacement the intervention strategies changed. Balay became increasingly interested in assisting communities to become empowered to participate in their own healing and the frameworks of community research and participatory action research (PAR) are now being explored by Balay as valid methods of integrating research with rehabilitation activities on the community level.     

Paths of Citizenship and the Legacy of Human Rights Violations: The Cases of Redemocratized Argentina and Uruguay

Through a comparison of redemocratized Argentina and Uruguay, this article shows how distinct historical paths of citizenship affect the strategies and practices enacted in different political communities. The analysis focuses on the societal confrontation with the legacy of human rights violations as the new democratic governments attempted to balance normative principles with political contingencies. Embedded in their particular paths of citizenship, both societies adopted different strategies of post-dictatorial justice and reconciliation, with Argentina achieving a tenuous institutional resolution of this confrontation, while Uruguay achieved a shared resolution, bolstered by popular mobilization and debate, which reinforced the component of civility in its collective identity.     

Having it both ways: White denial of racial salience while claiming oppression

This work will examine literature on white ideologies concerning the denial of the significance of race, the denial of white privilege, and increasingly popular claims of ‘anti‐white bias’ and white victimhood. Variant literatures on white attitudes and interracial practices recently emerged regarding racism; this review will examine how they are inextricably linked to one another. In reviewing the recent literature on colorblindness, the denial of white privilege, and white victimhood, I will show how these (sometimes contradictory) beliefs work in concert to perpetuate racial inequalities. I argue that volatile racist tactics obscure accountability, sustain denial, and ultimately create a protective barrier to directly addressing white supremacy in the United States.     

From Zero to Hero? An analysis of the human rights protections within the Global Compact for Safe,Orderly and Regular Migration (GCM)

This article examines the Global Compact for Safe, Orderly and Regular Migration (GCM) from three perspectives: First, while the GCM is not legally binding, the human rights obligations of states which underpin the GCM are. The application of international human rights law to everyone, including migrants, has led to frictions in the inter‐governmental negotiation process, with some states declining to sign the GCM. States cannot relieve themselves of the human rights obligations to which they are already, voluntarily, bound by refusing to sign the GCM. Second, the GCM asserts the human rights of migrants, and by implication condemns state practices contrary thereto, but it also yields to political sensitivities. Thus, we encounter a Compact that defends existing human rights standards, but concurrently submits to political will and tolerates conditions of vulnerability. Third, the GCM’s implementation depends upon, as yet undefined, partnerships with non‐State actors and monitoring against human rights standards.     

Taking older people's rights seriously: the role of international law

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly "more" disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.     

To be Karen in the Thai–Burma borderlands: identity formation through the prism of a human rights discourse

Current debates on Karen identity have tended to focus on the development of a nationalist construct of a pan-Karen community. This article moves beyond this notion to explore a Karen identity that is being recast in the form of a human rights discourse where the Karen construct, adapt, and reify the social aspects of their political identity in order to establish a claim to a political self, where they protest the persecution and discrimination waged against them as well as larger claims around governance and political representation. This human rights discourse is framed by increased emphasis in the Thai–Burma borderlands on a human rights framework to address Burma’s ongoing conflict. Such an argument has the potential to move current debates beyond the more militant ethno-nationalist discourses of the Karen identity and develop an adequate framework for the practices of identity, which occur among displaced Karen in the Thai–Burma borderlands.     

De Jure vs. De Facto Rights: A Response to “Human Rights: What the United States Might Learn from the Rest of the World and,Yes, from American Sociology”

Blau's ( 2016 ) argument for a Constitutional Project implies that changes in the U.S. Constitution would ensure fundamental adherence to human rights standards. We disagree with the assumption that legal and institutional instruments are guarantors of human rights practice. Instead, we see rights practices as the function of power struggles that include but go far beyond formal law. Instead, we emphasize an important distinction between de jure human rights instruments and de facto human rights practice, arguing that the focus on de jure instruments and legal discourse misses the significant effect of social movements and direct action that secure rights practice. De jure instruments may codify human rights and enumerate them as important, but they do not carry the authority of enforcement. We argue that the pursuit of human rights must be reframed to include both de jure and de facto human rights terrains. While charitable provisions from generous states can temporarily relieve specific human rights abuses, universal human rights practice requires establishing the fundamental political primacy of the people through the processes of the human rights enterprise.     

Against the norm: the transitional symbiosis of ‘grassroots clientelism’ and ‘rural citizenship’

Clientelism has predominantly been represented in the literature as an expression of backwardness and corruption with little attention being paid to the question of how clientelism has changed over the years. In contrast, this paper examines the particulars of state intervention in the agrarian economy with respect to clientelism and exposes the illogicality of contrasting patron‐client relationships with citizenship. The historical focus is on the ways in which, in the course of post‐dictatorship consolidation in rural Greece throughout the 1980s, the transformation of traditional brokerage‐based clientelism into the bureaucratic clientelism of the political parties actually enhanced the institutions and practices of ‘rural citizenship’. Comparative qualitative research on the driving force of agrarian change shows how Thessalian villagers made the transition from being socially excluded subjects to socially included clients in two lowland village communities and the role played by a dynamic state bureaucracy.     

Democratising Migration from the Bottom Up: The Rise of the Global Migrant Rights Movement

Abstract

This paper discusses the link between international migration and democratisation from an actor-oriented perspective on the basis of the mobilising efforts by key civil society actors engaged in the promotion of the rights of migrant workers through developing strategies towards movement building and by capitalising on political opportunities that have appeared on the global level. Being pitched at the global level and at organising patterns via the network form, the analytical framework developed takes as its starting point global justice perspectives and then builds upon insights from social movement and constructivist International Relations scholarship. It is argued that what is emerging are (1) movement practices in migrant rights networks which are putting forward increasingly coherent claims that transcend the conventional thinking about global governance and human rights (rights-assuming advocacy); and (2) that such practices are effectively transgressing interstate political arenas (participatory, rights-producing politics). It is on the basis of the cooperation between the 2 main protagonists, trade unions and migrant rights associations, that strategic positioning of migrant rights issues within the global policy debate is taking place, with the aim of promoting a rights-based approach (RBA) to migration and its governance. The combination of rights-producing politics and rights-assuming advocacy is expressed in the RBA to migration which involves the reframing of migrants rights as well as attempts to democratise migration governance in participatory terms.     

Taking Older People's Rights Seriously: The Role of International Law

ABSTRACT

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly “more” disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.