The Failure of State Formation, Identity Conflict and Civil Society Responses - The Case of Sri Lanka

Ye

Recognizing Kosovo’s independence: Remedial secession or earned sovereignty?

This paper examines the main justifications for recognising Kosovo’s ndependence: ‘remedial secession’ and ‘earned sovereignty’. Our paper begins by examining the applicability of the doctrine of remedial secession to Kosovo, the justifications for which can be seen clearly in the decade from 1989 to 1999. However, we argue that the doctrine of remedial secession was insufficiently ripe, in political and legal terms, to be used in 1999 to support Kosovo’s independence. An opposing approach is that of ‘earned sovereignty’ which aims to provide for the managed devolution of sovereign authority and functions from a state to a sub-state entity, resulting either in independence or rehabilitated autonomy within the host state. Based on the case of Kosovo, we propose an alternative explanation to this observed path towards recognisable’ statehood: ‘remedial sovereignty’ whereby a people realise statehood by invoking remedial secession and undergoing a transitional period of mediated international administration, characterized by elements of sovereignty which are externally designed and internally earned. Therefore, we propose ‘remedial sovereignty’ as a useful paradigm to provide the international community with a framework to confer statehood on those peoples for whom there is no other choice, thereby resolving the ‘recognition dilemma’ experienced in the aftermath of the Kosovo’s declaration of independence

Myanmar: sectarian violence in Rakhine - issues, humanitarian consequences, and regional responses

This paper surveys the issues and regional responses, including that of Australia, surrounding the current conflict and humanitarian situation in Rakhine state, Myanmar.IntroductionThe plight of Myanmar’s Muslim Rohingya people has received renewed international attention over the past year as a result of ongoing sectarian violence and displacement in the country’s western state of Rakhine. A report published in The Economist in November 2012 provides a compelling summary of the Rohingya’s plight:The political transformation in Myanmar this past year or more has so far seemed one of history’s more remarkable revolutions. It has seemed, indeed, to be a revolution without losers. The army, which brutalised the country for half a century, remains influential and unpunished. Political prisoners have been freed by the hundreds. The opposition and its heroine, Aung San Suu Kyi, have successfully entered mainstream politics.…One group, however, has lost, and lost terribly. Around 1m members of the mostly Muslim Rohingya minority remain in Myanmar’s impoverished western state of Rakhine. They are survivors of relentless rounds of persecution that have created a diaspora around the world that is perhaps twice as big … Rakhine politicians say frankly that the only alternative to mass deportation is a Burmese form of apartheid, in which more Rohingyas are corralled into squalid, semi-permanent internal-refugee camps.This Research Paper surveys the issues and regional responses, including that of Australia, surrounding the current conflict and humanitarian situation in Rakhine state.It argues that while the ongoing humanitarian emergency presents the most pressing concern for Myanmar, its neighbours and its international partners, the conflict also highlights an intensification of a dangerous uncertainty surrounding the future place of the Rohingya, and possibly Muslims more generally, within a multi-ethnic and plural Myanmar. This uncertainty threatens Myanmar’s current reform process and, through the large-scale displacement of communities, undermines wider regional security

Rethinking the transition process in Syria: constitution, participation and gender equality

A just and sustainable peace for Syria can only be attained through the equal participation of women\u2019s rights defenders at the negotiation table and throughout the transitional process. Understanding the legal framework within which such participation takes place \u2013 and the challenges of promoting women\u2019s rights through a gender-responsive constitution \u2013 is crucial. This publication, resulting from a collaboration between Euromed Feminist Initiative and the University of Padova, builds on the knowledge of academics and advocates, shedding new insights on those challenges. It aims at supporting institutional efforts being made to guarantee women\u2019s participation in the Syrian reconstruction, as well as advocacy initiatives carried out to ensure women\u2019s participation in political and economic decision-making in the country\u2019s future

Cultural Rights and Civic Virtue

This paper addresses the potential tension between two broadly stated policy objectives: the preservation of distinctive cultural traditions, often through the mechanism of formal legal rights, and the fostering of civic virtue, a sense of local community and the advancement of common civic enterprises. Many political liberals argued that liberal societies have an obligation to accommodate the cultural traditions of various sub groups through legal rights and a redistribution of social resources. The “right to cultural difference” is now widely (if not universally) understood to be a basic human right, on par with rights to religious liberty and racial equality. Other theorists writing in the liberal, civic republican, and urban sociology traditions expounded on the necessity of civic virtue, community and common enterprises initiated and executed at the local or municipal level of government or private association. These theorists argued that common projects, shared norms and social trust are indispensable elements of effective democratic government and are necessary to the altruism and public spiritedness that in turn secure social justice. These two policy goals therefore may at times be in conflict. This conflict is especially severe in larger culturally diverse cities, where social trust and civic virtue are most needed and often in shortest supply. Policies designed to counter cosmopolitan alienation and anomie by fostering civic virtue, social trust and common social norms will inevitably conflict with the cultural traditions and sub group identification of some minority groups. The paper argues that such conflicts are often best confronted on the field of political debate and policy analysis, not in the language of civil rights. Rights discourse, with its inherent absolutism, is ill suited to the type of subtle tradeoffs that these conflicts often entail.Law, Rights, Multiculturalism

The Effects of American Involvement in Northern Uganda\u27s Conflict with the Lord\u27s Resistance Army

This project explores the impact of American governmental and non-governmental actors in the Lord\u27s Resistance Army (LRA) conflict in northern Uganda and southern Sudan, particularly the U.S. military, United States Agency for International Development (USAID), and various non-governmental organizations (NGOs). It also examines the efficacy of these various forms of intervention, specifically the deployment of U.S. Special Forces tracking the LRA, and the initiation of various soldier reintegration, governance, and sustainability programs organized by USAID and NGOs such as Invisible Children. Additionally, this project seeks to uncover underlying geopolitical objectives, such as gaining alliances in the \u27Global War on Terror\u27 and protecting regional oil interests, that have motivated these U.S. government policies. Overall, this project has sought to critically examine the impact of American involvement in the northern Uganda conflict, both positive and negative, and evaluate the human impact of these international geopolitical influences on the people of northern Uganda, southern Sudan, and beyond