Knowt
Rights and Justice Case Studies
Rohingya Crisis (Refugees)
In 2017 massive-scale violence and serious human rights abuses forced the Rohingya people, a minority ethnic group, to escape from their homes in Myanmar.
Thousands fled by sea to Bangladesh.
Almost 1 million Rohingya people found temporary safety in the Cox’s Bazar Region of Bangladesh, the world’s largest refugee camp at the time.
Stateless People
Most were born into a country where the state discriminates against their race, ethnicity, religion, language, or gender. The laws in several countries do not allow women to pass on nationality to their children. (e.g. In Malaysia, if a father denies the child or dies, the children can be left stateless).
A child born to illegal migrants may be denied citizenship and left stateless.
Some countries revoke citizenship for those who have lived outside the country for an extended period.
Sometimes people fleeing war or conflict may lack identity papers proving their nationality and are therefore considered stateless.
Many stateless people pass this condition on to their children.
Denied the right to an education, health care, marriage and job opportunities
Cannot travel a they have no right to a passport
More likely to face discrimination, harassment, human trafficking and slavery.
Challenges to Constitutional Law: Roe v. Wade
The Supreme Court’s purpose is to give American people equal justice under the law and it also functions as the guardian and interpreter of the constitution.
In 1970, Roe launched a lawsuit against anti-abortion, where district attorney Wade disagreed. Roe brought the case to the Supreme Court where it was ruled that restricting abortions are unconstitutional as it violated a woman's right to privacy only if the fetus was under 24 weeks.
Abortions after Roe v. Wade was changed to ban abortions after 15 weeks in 2022, ruling in favour of Mississippi, which was later changed to where each US state could make their own laws regarding abortions.
This is a clear example that constitutions and any form of codification can be open to interpretation and politicization, posing challenges.
ASEAN and the Protection and Monitoring of Rights and Justice
ASEAN’s principles and purpose make it seem as though they don’t protect and monitor human rights
ASEAN states that state sovereignty is non-negotiable and it will not directly interfere with the internal matters of member states. ASEAN has no designs to become a supranational organization.
Within the region there has been a lukewarm response to most of the international treaties, covenants and conventions.
Member states of ASEAN will not publicly criticize each other
There are no special conditions regarding rights placed on joining or remaining in ASEAN
There have been criticisms by those who say ASEAN’s focus on human rights is superficial and essentially a way to reduce criticism and demands for reform from civil society and other rights stakeholders and actors.
Situations such as the rohingya crisis in Myanmar have caused widespread condemnation of ASEAN for being slow to respond and address the actions of the Myanmar government.
Others claim that ASEAN is simply seeking external legitimacy by attempting to appear to be part of the “global norm” with regard to rights and justice.
Many welcomed the creation of ASEAN and the ASEAN Human Rights Declaration as the most impressive public commitment the region has made towards human rights. This document is quite similar to the UDHR.
China
Alleged violation
Long history of persecution of Muslims in China and has been widespread concern expressed among human rights activits about the establishment of inhumane forced detention camps and suspected genocide
China was condemned for its treatment of the Uyghur people, Kazakh people and other predominantly minority ethnic Muslim groups in China. The report claimed that there was state-organized mass imprisonment, torture and persecution amounting to crimes against humanity.
Response of the State
China called the report “a farce” and responded with its own document claiming it was attempting to combat religious extremism by setting up vocational and educational training centers to help rehabilitate these people.
The report claims anti-China forces in the United States and the West merely pretend to care about human rights and are using the Uyghur issue as a means to destabilize the rule of President Xi Jinping and suppress China.
As it has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punsihment, it would not readily admit to violating it. It is also important to note that there is extensive evidence from a wide variety of sources that extreme human rights violations are taking place against minority ethnic Muslim groups in China.
The United States
Alleged violation
The US was widely criticized for its 9/11 post ‘war on terror’. Brown University in collaboration with Human Rights Watch released a report stating that the CIA had secretly detained at least 119 muslim men and tortured at least 39.
Military allegedly held thousands of Muslim men and boys in detention centers, many without criminal charges.
Cases of US-facilitated indefinite detention continue under the Obama, Trump and Biden administrations.
Response of the State
Many activists and groups both inside and outside the US, have called for an investigation into the actions of the CIA.
Trimp used his first TV interview to say he believes torture ‘absolutely’ works and that the United States should fight with fire.
President Biden stated on he International Day of Support for Victims of Torture, “It is our firm belief as a nation that we must hold ourselves to the same standards to which we hold others. This is why we continue to ensure that torture remains prohibited in all of its forms, without exceptions”.
Trump prioritizes the national interests over any concerns regarding violation of rights. Biden avoids the topic completely that the US prioritizes human rights, politicising rights. Many see this stance as hypocritical and a cynical abuse of power.
Libya and Humanitarian Intervention
Arab Spring was a series of anti-government protests and armed rebellions lasting from the early 2010s. A violent crackdown was launched against protesters in Libya, killing over 500 people.
The UN Security Council enforced R2P in response by authorizing “humanitarian intervention”. Sanctions were also imposed against the government with many assets frozen.
A NATO-led alliance conducted airstrikes against military targets in Libya, collapsing the government.
Issues came to light after the Libyan intervention, questioning the new global norm of R2P and to what extent state sovereignty can be ignored.
Many UN member states expressed concern that the strength of military force must be clearly defined prior to humanitarian intervention.
It was argued that too much power was given to states conducting the intervention and not enough safeguards were in place to ensure that all action taken was solely to protect civilians.
The Libyan government was directly targeted and many felt this was beyond the mandate of R2P.
Some argue that there were effectively two interventions in Libya: the legal one to avert a massacre of civilians, and the illegal one with the aim of regime change.
It is agreed that the involvement of international forces significantly prolonged conflict and led to further crisis
Large stocks of weapons were quickly looted and sold within the region, contributing to regional instability and violence in places such as Mali
African migrants living in Libya were no longer welcome, leading to displaced people being left vulnerable to trafficking and abuse
The governor was hunted and his execution filmed and broadcast by NATO. This normalized the unlawful killing of anyone labelled a supporter of the government, contributing to further violence.
There was no clear plan for the next governor or regime, leading to armed groups at both the city and regional level attempting to seize power.
The UN Support Mission in Libya (UNSMIL) was enforced after the fall of the Libyan government as a political mission.
They worked to help Libya with conflict resolution and the transition to a stable form of government, and to promote rights and justice.
UNSMIL issued a statement describing disturbing events including abductions, arbitrary arrests, disappearances, and the shut downs of oil fields.
This description describes Libya as a failed state and has caused widespread concern about the unforeseen impact of using humanitarian intervention. However others argue that Libya was in crisis before R2P, thus this cannot be blamed entirely on the intervention.
Collective Indigenous Rights
Indigenous people share collective connections to the land and natural resources where they live. They maintain a distinct identity from the wider society and often have their own leadership systems.
The land and rescues and linked to the indigenous people’s identities, cultures and spiritual beliefs
The Dark Web
The dark web is a private digital space used to evade detection and conduct illegal activities.
Originally developed by government and law enforcement agencies in the early 21st century as a way of sharing information more privately.
Nowadays used by criminals, terrorists, and hackers to conduct and discuss illegal activities.
The state should consider the dark web legitimate to intervene and to try to control activity on the dark web.
Social media platforms have been widely used to organize, gain support and coordinate action in many states. However, governments in some states have cut internet access to disrupt this. The dark web is a convenient space to communicate with other activists as it is less visible and can be beyond the reach of the state.
It could be argued that anonymity and security is essential in the fight for rights and justice, and allows individuals to exercise their free speech rights without fear of retaliation.
It could be seen as illegitimate for the state to intervene and try to control activity on the dark web.
Colombia Ratifying Human Rights Treaties
One of the most conservative Catholic countries in the Western Hemisphere
Ratified CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) in 1982.
Inspired women to demand that gender equality be included in the constitutional changes of the early 1990s. Parts of CEDAW were included in the new constitution of 1991, including references to reproductive rights.
The use of international human rights language proved to be an efficient strategy for introducing women’s rights into the constitution, taking advantage of the fact that Colombia is a country that is scrutinized by the international community for its compliance with human rights principles.
Due to this ratification, since 2022, abortion has been freely available on request up to the 24th week of pregnancy.
