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Violence in transition: Reforms and rights in the Western Balkans

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Authors: Rachel Kurian, Ewa Charkiewicz

Abstract: The 1990s saw the breakdown of the former Socialist Federal Republic of Yugoslavia which, since World War II, had developed a distinct economic system that included specific market and socialist self-management principles in production, distribution and decision-making processes. At the same time, the European Union opened up the possibility of full membership if these countries – now politically referred to as the Western Balkans – met the accession criteria claimed as essential to bring about fully-functioning and competitive market economies. The transition and accession processes were supported financially, politically and militarily by Western powers as a shift away from authoritarianism and poverty, while promoting democracy, human rights and individual freedom. This article argues that, contrary to this optimistic discourse, transition in the Western Balkans reflected and incorporated violence at different levels. The article shows that tensions between reforms and rights began in the 1970s, spurred by indebtedness and inequalities, pervading the transition process and deteriorating in the wake of the 2007-2008 global financial crisis. Social policy increasingly became framed along market- efficiency principles, challenging existing entitlements and rights, particularly with regard to education, social security and health. Vulnerable groups, such as the unemployed and the aged, experienced serious shortfalls in support and care. By the second decade of the twenty-first century, social protests against the deterioration in the levels of livelihood and the retrogression of social rights had erupted in several places. Violence was expressed not only in the form of direct bodily harm, but also in control exerted through indebtedness, the destruction of livelihoods, the denial of basic human rights, and the struggle for social justice.

Key words: Western Balkans; transition; debt; social rights; financial crisis

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Poderes regulatorios estatales en el pluralismo jurídico global

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Author: Víctor Abramovich

Abstract: The plurality of international regimes generates a complex constellation of legal regulatory systems, operating in a decentralised manner, with great autonomy and fragmentation. This coexistence translates into an 'inter-legality' of sorts in which states give away control to transnational financial entities. Through these processes, states can also regain the exercise of regulatory power over transnational concentrated economic actors. Given this contradiction, there is no agreement on the rules governing the resolution of regulatory conflicts or on the international institutions with authority to enforce them. The article presents an overview of some of the ongoing discussions on the plurality of international regimes, their relationship, divergences and possible convergence.

Key words: state sovereignty; international economic regulatory framework; multilateral institutions; global legal order; development; social rights

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Selected developments in human rights and democratisation during 2015: Sub-Saharan Africa

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Authors: Magnus Killander, Ken Obura and Abiy Ashenafi

Abstract: This brief overview of selected developments with regard to human rights and democratisation in sub-Saharan Africa in 2015 paints a mixed picture of progress and challenges both at the national and regional levels. The contribution discusses elections held in 2015, accountability for mass atrocities, the protection of LGBTI rights and gender equality. With regard to elections, some may be seen as reflecting the will of the electorate, while others clearly were just meant as a show to endorse a predetermined outcome. With regard to accountability for mass atrocities, heads of state do their utmost to avoid judicial scrutiny. LGBTI rights remain a controversial issue, with some states playing on homophobic sentiments to win political points, at the expense of human rights and the rule of law. In 2015, the AU Executive Council challenged the independence of the African Commission on Human and Peoples’ Rights by directing the Commission to withdraw the observer states granted to the Coalition of African Lesbians. However, at the national level, there have been encouraging judgments, for example with regard to the right of freedom of association of LGBTI groups. Gender equality also remains a contested issue, as illustrated by a case of the Ugandan Supreme Court dealing with the gender equality implications of the bride price.

Key words: accountability; democracy; elections; gender equality; human rights; LGBTI rights; sub-Saharan Africa

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Selected developments in human rights and democratisation during 2015: Asia-Pacific

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Authors: Nur Azizah, Matthew Mullen and Swechhya Sangroula

Abstract: Informality is a characteristic central to the Asia-Pacific region. Nonetheless, the regional discourse around democratisation, which includes not only speech but also practice, tends to mention informal institutions only in passing. In the Asia-Pacific region, prominent informal institutions include local customs; clan politics; money politics; corruption; clientelism; patronage; informal mobilisation and resiliency networks; everyday resistance; vigilantism; shadow markets; and unconventional community-based organisations. This contribution posits that these informal institutions rarely receive adequate treatment as part of debates and discussions about democratisation and the shaping of the practice around it. It is argued that the tendency to ignore or reject informality compromises attempts to understand and support democratisation processes in the region. Each of the three case studies brought forth in this contribution illustrates different types of informal institutions and their impact on democratisation in different contexts and dynamics, namely, (i) the way in which informal institutions shape procedures ranging from everyday licensing to national elections in Indonesia; (ii) the way in which individuals and communities have been able to build resiliency action and networks by leveraging informal institutions in their pursuit of transitional change in Myanmar; and (iii) the threat posed by informal institutions to post-earthquake aid and recovery activities throughout Nepal. As the contribution illustrates, understanding the situation in 2015 requires locating developments in a more expansive and broadened historical perspective. Fortunately, recent experiences signpost that making informality more central in discourses around democratisation in the Asia-Pacific region could be a shift towards ensuring that informal institutions receive the due consideration their influence on politics merits.

Key words: informal institutions; Asia-Pacific; democratisation; discourse; politics

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Selected developments in human rights and democratisation during 2015: Middle East

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Author: Carine Lahoud Tatar

Abstract: This contribution aims at providing a synthetic analysis of the process of political changes which has been driving and continues to drive a wave of unrest across the Middle East. It presents a slightly different understanding of Arab uprisings by dividing the ongoing process into three different phases: During the first period, namely, in the pre-revolutionary context, a set of socio- economic and political factors mutually reinforcing Arab discontent will lead to mass mobilisation. Subsequently the revolutionary momentum will pave the way for a second phase, the instant outcomes of Arab upheaval, in particular the toppling of authoritarian regimes and the call for free elections won by Islamist groups. Finally, the third and last stage, namely, the demobilisation process, will lead to the current situation of disintegration and chaos that is prevailing in some countries, the exacerbation of the sectarian rift and the return of a new authoritarianism as a result of counter-revolution strategies launched and led by Saudi Arabia.

Key words: Arab upheaval; phases; resilience; counter-revolution; refugees; authoritarianism

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