The woes of implementing RtoP
Filed under: Africa, Commentary, Genocide, Human Rights, Responsibility to Protect, United Nations
Translating words into deeds.
By: Freedom-Kai Phillips
At what point in the midst of a humanitarian catastrophe does a sovereign State lose its right to manage its own internal affairs without outside interference? What threshold must be reached before the international community has the legal right to intervene when massive human rights violations are being committed in a country? Earlier this week at the United Nations, these questions were given their first serious consideration on the international stage.
With a predictably cautious resolve the international community has inevitably begun to discuss and consider the complexities of implementing “the responsibility to protect” (RtoP) doctrine. Having longstanding roots in customary law, but being first formally introduced by the International Commission on Intervention and State Sovereignty (ICISS) in 2001 and subsequently clarified in paragraphs 138 and 139 of the 2005 World Summit outcome document, RtoP is an ever-evolving and innovative international legal concept aimed at preventing genocide, ethnic cleansing, war crimes and crimes against humanity.
Realistically, if these initial United Nations General Assembly (UNGA) plenary debates are any indication, the process of translating progressive policy into pragmatic practice will be a road riddled with obstacles. Continue reading…
Why the ‘Japan Model’ for Iran Unsettles the West.
Interpreting Domestic Nuclear Aspirations of Iran
By: Colette Mazzucelli*
As general elections approach in Japan this fall, the world has the chance to assess if the party elected by the people for the past half century, the LDP, will triumph over the main challenger, the DJP. This election has important foreign policy implications given that the LDP includes a faction of hardliners. These nationalists advocate self-reliance for the country in defense, including the option to develop nuclear weapons. Recent ballistic missile and nuclear tests by North Korea provide motive and opportunity for nationalists to revisit the internal debate about a Japanese nuclear deterrent.
The critical issue is how the existing “peace clause” in Article 9 of the 1947 Constitution should be interpreted. Article 9 renounces war as a sovereign right of the nation as well as the threat or use of force as a means to settle international disputes. In LDP circles, there are members of the Diet (Japan’s bicameral legislature) who advocate the retention of the existing interpretation of Article 9, which excludes collective defense. The majority of the Japanese public supports this viewpoint. Mulgan argues in ‘Why Japan Can’t Lead’ that the party further divides into supporters of “revision by interpretation” versus constitutional reformists. Continued reading…
Africa’s Own Problems
Filed under: Africa, Commentary, Morgan Tsvangirai, Obama, Zimbabwe
President Obama’s visit to Ghana last week underscores the two tiers of stability in Africa – countries that are fairly stable and those in shambles. Three of those countries in shambles further revealed their flaws this week in stories you probably did not see on the evening news.
The choice of Ghana was meant to highlight that country’s stable history democratic transitions over the past 17 years, not to mention its economic outlook. Ghana has enjoyed encouraging growth rates due to sound macro-economic management along with high prices for raw materials such as gold and cocoa on the world markets. The country remains dependent on international financial assistance and remittances for large portions of its per capita income, but its stable political system and democratic institutions were raised during the President’s trip as examples for the rest of Africa.
Map of Ghana
Unfortunately, three other countries in the region, Niger, Zambia and Zimbabwe demonstrated why their governments cannot lead prosperous healthy nations, with or without the West.
Niger – Tens of thousands have taken to the streets to protest President Mamadou Tandja’s slow-moving coup d’état, as his critics call it: his plan to stay beyond the legal term-limit as he dissolves a high court that ruled against him, took steps to muzzle the press, shut down a radio and television station; and arrested opposition leaders. In one of the world’s poorest countries, President Tanjda has said it’s the people who want him to stay. “The people demand it,” he said. “My obligation is to never betray the aspirations of the people. It’s the people who asked.” (Source: NYTimes)
Zambia – The editor of a major newspaper, The Post was arrested on Monday July 12th for publishing a photo of a woman giving birth on the street outside of a hospital where she had been unable to receive medical attention. The nation’s health workers were on strike and the woman’s husband took the photos to show the conditions under which people were coping with the health crisis and brought them to the newspaper. The newspaper has been critical of the government before and the story was delivered to the Zambian health minister, the secretary to the cabinet, the archbishop of Lusaka, the capital, and two women’s groups. Zambia’s President, Rupiah Banda called the photos “pornographic” and the editor was charged with distributing obscene materials in order to corrupt the morals of society. She was fingerprinted, taken to a jail cell and then finally released on a surety bond of about $1,000. She faces five years in prison. The newborn in the photo died shortly after birth. (Source: NYTimes)
Zimbabwe – As Zimbabwe’s political parties met to frame a new constitution, police had to be deployed inside the conference hall to stop fights and heckling among rival delegates. In a power sharing arrangement with Zimbabwe’s President of 29 years, Robert Mugabe, the opposition party leader Morgan Tsvangirai assumed the weaker role of Prime Minister this year and made an unsuccessful 3-week tour of European and North American government seeking financial aid. The new constitution is not regarded as a credible fix, as analysts believe Mugabe will likely gain power instead of share. On Monday, Mr. Mugabe’s supporters disrupted the opening speech by dancing and singing revolutionary songs, prompting an angry reaction from supporters of Mr Tsvangirai. (Source: BBC)
