rule of law Archives

A highly educating and pleasant experience” – IHSA Satellite Conference in Tripoli provides a chance to reflect and consider research-in-practice

6 February 2024 0 min read

The bi-annual IHSA Conference featured a satellite conference in Tripoli, Libya. Some 55 practitioners from local CSOs shared their insights on humanitarian and development challenges they face in daily life. They spoke about possible solutions and cherished the recognition of the work of people from around the world. Sharing perspectives enriched discussions and provided new insights to participants. Participants were also able to share their insights with participants at the ‘main’ IHSA conference in Dhaka, Bangladesh.

The 7th IHSA Conference took place in Dhaka, Bangladesh in November 2023, and this year for the first time, a satellite conference was held concurrently in Tripoli, Libya. I had the pleasure of working alongside the dedicated team in Libya to organize this event. The team in Libya consist of 5 Libyan nationals working out of Tripoli. The team is currently working on a larger project designing, organizing and facilitating a growing network of civil society activists in the country. The network consists of 55 members, some individual activists, others community groups and CSOs. All are working on advancing equitable governance and the rule of law in an EU-funded programme.

In Libya, the event planning followed the IHSA agenda with a three-day event. Due to the time zones, the IHSA afternoon sessions in Dhaka would be open to participants in Libya. With a locally-designed and convened programme for the afternoon and evening sessions. The satellite conference was the first large-scale international event that civil society groups participated and co-organized in recent years. Being able to take part in an international event was a welcome boost for participating people and organizations, following several years of work strengthening civil society in the country

Ten Libyans proposed papers of which 7 were accepted.. The acceptance of papers defined the planning for the different panels that could be attended. In two rooms in a hotel in Tripoli, 55 participants listened, presented and contributed to the (virtual) discussion in the different sessions.

Topics including the role of local CSO’s, Women’s Empowerment, and the WPS agenda

The papers addressed highly relevant topics. Saleh Ehtitah, a CSO leader from Sebha in Southern Libya, spoke on the role of local CSOs in bringing about democratic orientation, community awareness, and development in Libya since 2011. It highlighted the contributions to conflict resolution, promoting peace, and addressing human rights violations. On the second day, during a panel titled “Women’s Engagement & Protection in Conflict: Examining Displacement, Peace-making, and Empowerment.” Two female CSO leaders presented their papers. The first paper, by Hanin Bushosha from Benghazi, analyzed the active roles of Libyan women in peace and security issues, emphasizing their participation in preparatory meetings for national reconciliation and the importance of their inclusion in peace processes. The second paper by Awatef Alawine from Tripoli, explored women’s participation during the conflict in Libya, focusing on their involvement in resolving conflicts between cities and their participation in political dialogue forums. Meanwhile an activist from Sirte, In Room 2, Hanibal Alsagheer presented a paper on “Deforestation and weak urbanization as catalysts to flooding and fires In the Sirte Gulf”. The paper examined the effects of climate change on cities in the Gulf of Sirte region in Libya, highlighting issues such as desertification, population migration, and poor urban planning. It emphasized the need for government intervention, urban planning, and sustainable policies to mitigate climate change impacts. On the third day, both Rooms 1 and 2 hosted the same panel. Which included a paper from Mohamed Celini, leader of a CSO working to advance the rights of people with disabilities in Benghazi. He spoke on “Inclusion of persons with disabilities in humanitarian work, between the convention and reality.” The paper discussed the challenges faced by people with disabilities in the humanitarian field and focused on their integration into society during emergencies and crises, with a specific emphasis on the impact of recent floods in Derna.

Roundtables on everyday challenges and local organization

Next to the panel discussions, the Libyan team leader Fahmi Abusahmain facilitated a roundtable. The focus was on the gaps in the rule of law in daily Libyan life with special attention to the challenges encountered during the Derna flood. Malak Hanouchi, a CSO leader from Derna reported on her efforts made during the immediate rescue and recovery operations in her home town. She told how the people in Derna and the neighbouring areas had to face the challenges. This was further emphasized in the paper of Mousa Algunaidi from Misrata which could not be presented due to the time difference. His submitted paper analyzed the impact of the lack of rule of law during the Derna flood. His analysis shows that many lives could have been saved if Libya had basic systems in place, like weather warnings, effective and trusted government communication and data collection. The positive outcome of the flood was the undivided attention of Libyans and political adversaries to lenient the immediate needs.

I have noticed the huge impact the IHSA Conference and side event have had and this will be felt in Libya for some time. As Mohamed from Zeltin mentioned, he was pleased and honoured to be part of the conference. Most participants noted that the topics covered mattered to them, the discussion was highly appreciated and they gained new insights.

Participants were particularly impressed by the presence of the many organizations, which provided networking and collaboration opportunities. The event’s organizing team received praise for their responsiveness and efficiency. Suggestions for improvement included mainly technical and practical issues such as the quality of the virtual connection, translation and planning. Participants indicated the event has shown how they can change some of their ways of working, how important (project) preparation is, and most importantly, how networking and collaboration can fuel continuous learning. Libyans are enthusiastic about future events and committed to using new insights they gained to achieve positive changes. They have felt their work and presence matter. This strengthened confidence in the next steps they can take to advance their country. In that regard, Libyan communities deserve further support to expand their work as main contributors to peace and justice in their country. Including them in future programmes and conference will help them do this. Meanwhile international partners thus get the chance to develop their approach to partnerships and working together.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Anne Brinkman (Amsterdam 1967) is a practitioner in (inter)national development and change, a lawyer and organizational scientist by training. Her work is shaped in practice in connection to people’s daily experiences, grounded in theory and informed by (innovative) empirical efforts. Anne designs and coordinates an EU-funded programme in Libya on Libyan-led dialogue and action. She combines her work with pursuing her PhD degree at the ISS in The Hague. Her research aims to develop insights into alternative human development efforts with a focus on the use of different perspectives to advance civic logic in conflict-affected societies.

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Palestinian Human Rights Defenders need protection: what can we do?

27 January 20221 February 2022 0 min read

On 19 October 2021, the government of Israel issued a military order that designated six, renowned and award-winning Palestinian human rights groups as “terrorist organisations”. The reason for this military order, and the evidence for making such designations, have not been disclosed. This is the latest of Israel’s longstanding efforts to undermine the work of these organisations. It also seems clear that this action is intended to intimidate donors and supporters of these organisations.

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The Palestinian human rights organisations under threat

The six organisations affected by Israel’s military order are: Addameer, Al-Haq, Bisan Center for Research and Development, Defence for Children International-Palestine, Union of Agricultural Work Committees, and Union of Palestinian Women Committees. The work of these six organisations is both crucial to a future peace in Israel and Palestine, and has been invaluable for the work of United Nations human rights treaty bodies, as well as Special Rapporteurs and Commissions of Inquiry, and for the International Criminal Court that is currently investigating international crimes in Palestine. Declaring the work of these organisations as “terrorist” not only undermines efforts at peace, but also places individuals who work for them in a potentially very dangerous situation, and potentially creates dilemmas for states, individuals, and organisations who have supported them (financially or otherwise) regarding the continuity of that support. This combination of (possible) effects forms an existential threat to the work of the six organisations, which no doubt is intended by the government of Israel.

Addameer was founded in 1992 and advocates for Palestinian political prisoners who suffer long-term arbitrary detention, without charge or trial. Al-Haq, founded in 1979, is the West Bank affiliate of the International Commission of Jurists-Geneva, and has issued dozens of meticulously documented reports on the countless human rights violations that Palestinians experience daily. These violations include denials of the right to housing and freedom of movement, lack of protection against settler violence, and a long list of international crimes, most of which are connected to Israel’s regime of apartheid, itself a crime against humanity. The Bisan Center for Research and Development, in operation since the late 1980’s, focuses on the most marginalised communities in Palestine, including women, youth, and workers in the most rural and deprived areas, and advocates for their development needs. Defence for Children International-Palestine has, since 1991, documented serious human rights violations directed against children, including inhuman and degrading punishment and treatment, arbitrary detention, torture, and unlawful killings. The organisation also provides legal assistance and representation to these children in Israeli military tribunals.

The Union of Agricultural Work Committees (UAWC) is one of the oldest Palestinian NGOs that advocates for Palestinian farmers’ rights to sovereignty of their land and products. They have played a leading role in documenting settler violence against Palestinian farmers, work that is especially important now as Palestinians across the West Bank are facing massive settler violence when they try to harvest their olive crops. This is confirmed by reports from the International Committee of the Red Cross, which have documented that from August 2020 up until August 2021, settlers destroyed over 9000 Palestinian olive trees, in addition to increased levels of violence and harassment directed against Palestinian farmers. The Union of Palestinian Women Committees (UPWC), established in 1980, is the umbrella organisation for all Palestinian women’s groups in the Occupied Territories. Its staff have supported Palestinian women’s rights, equal opportunities for men and women, and equity between social classes. UPWC has been a major force in the women’s rights movement in Palestine, and plays an active role in the global movement for women’s rights, including in relation to attention for gender-based violence.

Global reaction to the designation

B’tselem was among the first Israeli organisations to condemn the Israeli government’s designation as a ‘draconian’ measure. In addition, the Office of the United Nations High Commissioner for Human Rights condemned the designations as “an attack on human rights defenders, on freedoms of association, opinion and expression and on the right to public participation”, and called for the designations to be “immediately revoked”. International human rights NGOs Human Rights Watch and Amnesty International also issued strong statements condemning the designations. They have been joined by international legal experts, including the celebrated South African law professor John Dugard, who also reflected on the similar treatment of human rights organisations by South Africa’s apartheid regime in the 1980s.

On 3 November 2021, more than 30 Dutch organizations addressed the Dutch Minister of Foreign Affairs and the Dutch Parliament; they called on the Netherlands to:

publicly speak out against and condemn Israel’s decision as an unjustified violation against civil society;
appeal to Israel to retract this military order with immediate effect;
continue its support to Palestinian partner organisations and ensure that Dutch banking and financial institutions disregard Israel’s order;
openly support the work of these affected organisations.

Above all, the Netherlands has been called upon to ensure support to civil society, and especially to human rights defenders who speak out in defence of the rights of Palestinians.

All of these demands by Israeli, international, and Dutch human rights organisations are fully in-line with the United Nations Declaration and the European Union Guidelines on Human Rights Defenders. Referring to these sources, the Dutch government has openly declared that it “supports human rights defenders, so that they can do their work effectively and safely”.

Valuable time, however, has been lost since 19 October. Even worse, in January 2022, the Dutch government announced that it was stopping its support to one of the six designated organisations (UAWC), even despite their admission that they lacked evidence of a link to terrorist activity.

Action is needed NOW

Respect for international law, and the UN and EU guidelines on human rights defenders, should compel the government of the Netherlands to reverse its decision to defund UACW, and to urge the European Union to join United Nations experts, the UN High Commissioner on Human Rights, and others, in irrefutably condemning Israel’s designations.

So, what can we do now?

Both financial and diplomatic support are crucially needed during this time when Palestinian civil society is under great pressure from Israel’s military and apartheid regime. This is why we produced a letter for individual sign-on, to protest the Dutch government’s decision, and why we will be organising a webinar on 27 January 2022 to discuss this further. For more information, please register here, or alternatively contact our network.

An earlier version of this article, which we provide key updates to above, was published in the Dutch newspaper Trouw.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the authors:

Jeff Handmaker is Associate Professor in Legal Sociology at the International Institute of Social Studies, Erasmus University Rotterdam.

Christian Henderson is Assistant Professor of International Relations of the Middle East at Leiden University. Both are supporters of Dutch Scholars for Palestine.

Marthe Heringa is a student at Leiden University and an organiser of Students for Palestine.

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Human Rights Inside and Outside: Introducing the 2018 INFAR Conference

24 May 201818 May 2020 5 min read

The ISS next week hosts a conference organised by INFAR on “Human Rights Inside and Outside”, with a special focus on the Rule of Law and human rights. These two concepts are core normative ideas for law, yet their intrinsic value and application is contested. This blog details the conference proceedings and briefly describes the conference theme and the main questions participants will seek to answer. It also serves as an invitation for interested parties to attend the conference.

On 31 May and 1 June 2018, the International Institute of Social Studies (ISS) will host a conference titled “Human Rights Inside and Outside”. This conference is being organised in the framework of the Integrating Normative and Functional Approaches to the Rule of Law and Human Rights (INFAR) Research Excellence Initiative, a 5-year (2015-2020) joint project of the Erasmus School of Law and the ISS of Erasmus University Rotterdam. Over one and a half days conference participants will gather to discuss the application of the Rule of Law (RoL) and human rights norms in relation to civic participation, contested constitutionalism, and corporate responsibility.

What is the conference about?

The Rule of Law (RoL) and human rights are core normative ideas for law, yet their intrinsic value and application is contested. Some have even argued that the human rights movement is on a regressive path, frequently leaving the most vulnerable without voice, ignoring economic considerations, and lacking prospects of securing access to justice.

International and supranational organisations today are dedicated to the promotion of the RoL and human rights, but they face problems in how to progress towards these purposes. The European Union (EU) finds that its new member states are unable to deliver on the RoL commitments made when they joined the EU. The United Nations struggles with RoL and human rights in post-conflict states, for instance when the UN takes on the role of government, as in Kosovo, and in transnational trade contexts, where the UN tries to provide guidelines for how business actors should take responsibility for human rights protection.

Part of the difficulty in realising and critiquing RoL and human rights interventions emanates from the divergence of views among actors regarding their overall meaning and purpose. The RoL and human rights are well-known legal and also political and economic concepts, as law and development scholars note. However, the content of these concepts is a contested subject. Policymakers, regulatory agencies and private actors tend to take a functionalist approach in which the RoL and human rights are viewed as instruments for stimulating economic growth or political stability. On the other hand, courts and most other legal actors view the RoL and human rights as intrinsically valuable norms, but fail to address the circumstances that lead to (dis)function. That is, they fail to realise how the application of RoL and human rights is contingent upon and vulnerable to economic and political struggles, and how battles over these norms are won and lost for economic and political expediency.

INFAR’s interest in RoL and human rights

A core assumption of the INFAR project is that it is not enough to shine light on the conceptual tensions and dilemmas of RoL and human rights arising through processes of globalisation and financialisation, such as in adjudications involving trade law and human rights. The global issues of inequality and political exclusion do not have a quick fix, but a fruitful approach towards them could be investigating the specific social settings where fallouts from the broader conceptual tensions and dilemmas are registered: the human consequences for people and groups and a fuller appreciation of which actors and what norms affected individuals must compete with. Micro ethnographic and other socio-legal studies within public and private settings that examine different forms of struggle against plural forms of expropriation and exclusion can tell us much about the success and deficits within a specific context.

Through these studies we find out more about the RoL and human rights elements that are frequently undermined by increasing economic inequality or political exclusion, and the processes surrounding and facilitating such outcomes. Such context-specific studies enable us to appreciate that both answers and obstacles to human rights and RoL questions are not controlled by the state and can involve private actors who bring their own understandings of what RoL and human rights mean within their operations.

Against this background, the conference will explore what RoL and human rights norms are invoked in different settings, involving constitutional courts, corporations, governments and regulators; how those rights interact with the political and economic purposes and incentives of those actors; and why the realisation of rights can involve innovative or adverse results. Accordingly, we will study how the substantive meaning of the RoL and human rights differs depending on circumstances.

We will explicitly examine the role of private actors in RoL and human rights conversations:

How might strategic litigation efforts assist in achieving social justice for Roma travelers under consistent threat of forced eviction?

How can legal guarantees for public participation be operationalised in private settings?

And how can human rights based constitutions remain a meaningful framework in divided societies?

When considering these questions we keep the people whose rights are at stake at the forefront of our discussions, while recognising the dangers of doing so from an epistemic standpoint.

Conference proceedings

The first session on citizenship and discrimination will focus on the global, European and Dutch responses to Roma rights, with papers from Julia Sardelić, Claire Loven and Leonie Huijbers, Helen Hintjens and Kristin Henrard. On the topic of contested constitutionalism we hear from Jeff Handmaker and Wil Hout, Otto Spijkers and Sanele Sibanda. On corporate social responsibility, Liesbeth Enneking discusses global value chains, Nicola Jägers, the Sustainable Development Goals, Peter Knorringa and Samer Abdelnour speak on global standards for sustainability, and Rachel Adams presents on transparency and human rights. On human rights and mining, Anneloes Hoff will present ethnographic research on the practical application of the corporate responsibility to respect human rights, Kinnari Bhatt discusses an unusual example of private contracting between a concessionaire and an Aboriginal group, and Jackie Dugard presents on the constitutional rights to property and equitable access to South Africa’s mineral resources.

After an exciting roundtable debate and Q&A on how human rights can be strategically mobilised for political and social change, the conference closes with a Keynote Address by South African Sociology of Law Professor Jonathan Klaaren of the University of the Witwatersrand in Johannesburg.

All are welcome! Register for the event here. A conference programme can be found at the same link.

Authors:

Nathanael Ali, Kinnari Bhatt, Jeff Handmaker and Sanne Taekema (conference co-organisers)

Tag Archives rule of law