Myth-making and Reality: A Critical Examination of Human Rights-Compliant Counterterrorism in the Philippines and Indonesia

This thesis explores the relationship between counterterrorism and human rights. Its primary contention is that the promotion of the ideal of human rights-compliant counterterrorism has undermined rather than strengthened human rights. Drawing on fieldwork-based case studies in the Philippines and Indonesia, the thesis demonstrates that greater recognition for the role of human rights in achieving security has not prompted a positive transformation of counterterrorism practices. Instead, proponents of counterterrorist action have been able to frame their action as a necessary, human rights-sensitive, and rational response to unnecessary, human rights-insensitive and irrational political violence. The challenge therefore is how to devise strategies to resist human rights abuses in the name of counterterrorism that do not entangle human rights in the perpetuation and legitimation of the counterterrorism agenda. The thesis proceeds in eight chapters besides the Introduction. Chapter 1 sets the stage for analysis, introducing the normative discourse of human rights-compliant counterterrorism at the international level, and proposing a theoretical framework for analysing this discourse that draws from the insights of Critical Terrorism Studies and critical approaches to international law and human rights. Utilising this theoretical framework, I examine the extent to which counterterrorism practices undermined rather than advanced human rights in two case studies: the Philippines and Indonesia. Chapters 2, 3 and 4 develop the Philippine case study. Chapter 2 presents the local counterterrorism discourse during the government’s alignment with the United States’ “War on Terror”, showing that the government characterised complex armed struggles as “terrorism” with devastating consequences for human rights. Chapter 3 analyses the responses of local human rights advocates to this counterterrorism discourse, describing how their resistance strategies cannot be reduced to a clamour for human rights-compliant counterterrorism. Chapter 4 shows how official policies have incorporated human rights-friendly rhetoric; and why despite this, they are failing to transform the practices of security forces that lead to extrajudicial killings and other serious abuses. Chapters 5, 6 and 7 develop the Indonesian case study. Chapter 5 reviews the local counterterrorism discourse developed during the Suharto regime, showing that the threat of Islamic “terrorism” was likely fostered by it, benefiting the regime at the expense of human rights. Chapter 6 shows how, after the Bali bombing of 2002, Indonesia’s approach to counterterrorism has incorporated human rights, much more than in the Philippines, and how local human rights advocates have accordingly adjusted their perception of the Islamic “terrorist” threat and the acceptability of counterterrorism. Chapter 7 analyses how Densus 88, the main counterterrorism actor, enjoys impunity for extrajudicial killings, demonstrating that the legal framework has failed to restrain serious abuses and in fact inoculated the counterterrorism agenda from further scrutiny. Chapter 8, the concluding chapter, brings together the main findings of the thesis and emphasises the need for more critical human rights scholarship and advocacy that are disentangled from the counterterrorism agenda

Exercising rights into existence: new human rights strategies by Third World peoples

This article suggests that a critical Third World approach to human rights does not have to be reduced to scepticism, but should rather incite a pragmatic sensibility towards the use of rights talk in struggles of Third World peoples. Two examples of collective struggles are considered: in the first, involving indigenous people in Chiapas, Mexico, a human rights vocabulary is redeployed in such a way as to escape state capture; in the second, involving undocumented migrant workers in the US state of Tennessee and in the Netherlands, rights talk is avoided in order to maximise the chances of obtaining rights. I argue that both cases illustrate a route to rights based on a performative ontology or exercise-based theory of human rights that eschews the need for state recognition or the existence of a receiver or verifier of claims or expressions for rights to exist. The view that there is no better evidence of the existence of human rights than their exercise or enjoyment radically adjusts rights talk by countering the state’s claimed monopoly to legal authorship or production and locates a realm of power and law in people’s actions and practices

Clandestine activists : human rights activism for undocumented migrants : (a case study of a campaign of domestic workers in the Netherlands)

The emergence in the Netherlands of a campaign for recognition and rights of domestic workers, mostly undocumented migrants, is a highly unlikely event. Among other things, the Netherlands is not a party to the Convention on Migrant Workers and it has an aggressive policy against irregular migration centered on the denial of most social rights to undocumented migrants. The campaign of domestic workers is a window into pro-undocumented migrants’ human rights (UMHR) activism in a harsh political environment. This paper looks at the opportunities and constraints of pro-UMHR activism in the Netherlands and the strategies that activists can and do adopt to overcome constraints and create opportunities, as demonstrated in the campaign of domestic workers. It advances the view that deprived of a ‘hegemonic’ language, pro-UMHR activists will likely engage in processes of argumentation/dialogue/persuasion in which an explicit normative language of human rights for undocumented migrants is largely avoided. A key finding is that activists in the campaign of domestic workers are constrained to conceal instead of announce their motivation which is the regularization of undocumented status. The paper challenges some established conceptions of human right activism’s relationship to human rights norms in the standard social constructivist account

Dealing with the Past or Moving Forward? Transitional Justice, the Bangsamoro Peace Agreement and Federalism in the Philippines

10.1163/15718123-bja10066International Criminal Law Review1-2