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Human Rights and Societies in Transition

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Human Rights and Societies in Transition United Nations University Press is the publishing arm of the United Na- tions University. UNU Press publishes scholarly and policy-oriented books and periodicals on the issues facing the United Nations and its people and member states, with particular emphasis upon international, regional, and trans-boundary policies. The United Nations University is an organ of the United Nations es- tablished by the General Assembly in 1972 to be an international com- munity of scholars engaged in research, advanced training, and the dis- semination of knowledge related to the pressing global problems of human survival, development, and welfare. Its activities focus mainly on the areas of peace and governance, environment and sustainable devel- opment, and science and technology in relation to human welfare. The University operates through a worldwide network of research and post- graduate training centres, with its planning and coordinating headquar- ters in Tokyo. Human rights and societies in transition Human rights and societies in transition: Causes, consequences, responses Edited by Shale Horowitz and Albrecht Schnabel United Nations a University Press TOKYO u NEW YORK u PARIS 6 United Nations University, 2004 The views expressed in this publication are those of the authors and do not necessarily reflect the views of the United Nations University. United Nations University Press United Nations University, 53-70, Jingumae 5-chome, Shibuya-ku, Tokyo, 150-8925, Japan Tel: þ81-3-3499-2811 Fax: þ81-3-3406-7345 E-mail: [email protected] general enquiries: [email protected] http://www.unu.edu United Nations University Office at the United Nations, New York 2 United Nations Plaza, Room DC2-2062, New York, NY 10017, USA Tel: þ1-212-963-6387 Fax: þ1-212-371-9454 E-mail: [email protected] United Nations University Press is the publishing division of the United Nations University. Cover design by Sese-Paul Design Printed in the United States of America UNUP-1092 ISBN 92-808-1092-8 Library of Congress Cataloging-in-Publication Data Human rights and societies in transition : causes, consequences, responses / edited by Shale Horowitz and Albrecht Schnabel. p. cm. Includes bibliographical references and index. ISBN 9280810928 (pbk.) 1. Human rights. 2. Human rights—Case studies. I. Horowitz, Shale Asher. II. Schnabel, Albrecht. JC571.H86 2004 323–dc22 2004004113 To our families Contents Listoffiguresandtables.............................................. x Noteonmeasurements................................................ xii Acknowledgements. ................................................. xiii Introduction............................................................ 1 1 Human rights and societies in transition: International context andsourcesofvariation........................................... 3 Shale Horowitz and Albrecht Schnabel Part One: Defining, delimiting, and understanding human rights in societies in transition ............................................... 27 2 The Universal Declaration of Human Rights as a norm for societiesintransition.............................................. 29 Johannes Morsink 3 Universalism and cultural relativism: Lessons for transitional states................................................................ 52 Richard Lewis Siegel vii viii CONTENTS 4 From global norms to local change: Theoretical perspectives on the promotion of human rights in societies in transition . 77 Genevie`ve Souillac Part Two: Monitoring, promoting, and enforcing human rights .... 101 5 TheUnitedNationsandhumanrights ........................... 103 W. Ofuatey-Kodjoe 6 The consequences of the war crimes tribunals and an international criminal court for human rights in transition societies ............................................................ 119 Paul J. Magnarella 7 International efforts to protect human rights in transition societies:Right,duty,orpolitics?................................. 141 Albrecht Schnabel 8 Democratic transitions and foreign policy: The United States . 164 Barbara Ann J. Rieffer and David P. Forsythe Part Three: Sources of human rights violations and their impact on peace, democratization, and economic development ............ 189 9 Sources and consequences of human rights violations in Iraq . 191 Jenab Tutunji 10 Exploring the dynamics of human rights and reform: Iran, Pakistan,andTurkey.............................................. 218 Mahmood Monshipouri 11 Causes and consequences of variation in post-communist humanrightspractices............................................. 242 Shale Horowitz 12 Human rights and conflict in the former Yugoslavia . ........... 266 Aleksandar Resanovic 13 Human rights in transition societies: The cases of Somalia and South Africa........................................................ 291 Wafula Okumu CONTENTS ix 14 Human rights and transition societies in Western Africa. 315 Eghosa E. Osaghae 15 Political development and democratic rights in Greater China . 339 Man-To Leung 16 HumanrightsinIndia............................................. 363 D.R. Kaarthikeyan 17 Human rights, the military, and the transition to democracy in Argentina and South Korea....................................... 389 Terence Roehrig Conclusion ............................................................. 413 18 Protecting human rights in transition societies: Lessons and recommendations.................................................. 415 Albrecht Schnabel and Shale Horowitz Abbreviationsandacronyms.......................................... 430 Contributors........................................................... 434 Index................................................................... 440 Figures and tables Figures 1.1 Interactive effects of regime type and other factors on humanrightspractices........................................ 8 16.1 Wherechildrenwork.......................................... 366 Tables 11.1 Sources of frustrated national ideals in the post-communist context......................................................... 251 11.2 Democratization and other factors as predictors of human rightspractices................................................. 253 11.3 Cultural, economic, and conflict-related sources of human rightspractices................................................. 254 11.4 Cultural, economic, and conflict-related sources of democratization ............................................... 255 16.1 CrimesagainstwomeninIndia,1990–2000.................. 368 16.2 Crime rate against women in Indian states and Union Territories ..................................................... 369 16.3 Composition of crimes against women by social status . 369 16.4 Sex ratio in India, 1901–2001 . ................................ 371 16.5 Sex ratio and child population in the 0–6-year age group in selected states of India in 1991 and 2001. .................. 371 x LIST OF FIGURES AND TABLES xi 16.6 LossoflifeinJammuandKashmirsince1988.............. 372 16.7 Civilians killed by various terrorist groups in Assam . 373 16.8 Security force personnel killed by various terrorist groups inAssam....................................................... 373 16.9 Civilians killed by various terrorist groups in Manipur . 374 16.10 Security force personnel killed by various militant groups inManipur..................................................... 374 16.11 Insurgency-relatedkillingsinNagaland...................... 374 16.12 Senas (castemilitias)ofBihar................................ 375 Note on measurements In this volume: 1 billion ¼ one thousand million 1 trillion ¼ one million million $1 ¼ 1 US dollar xii Acknowledgements A number of individuals and organizations have provided invaluable as- sistance and support at various stages of this book project. Firstofall,wearegratefultotheJapanese government and the United Nations University for providing most of the funding for our work. We thank Patrice Petro and the Center for International Education, Richard Meadows and the College of Letters and Science, and Charles Kroncke and the School of Business Administration for additional funding and for hosting a most stimulating author meeting in early 2000 at the University of Wisconsin-Milwaukee. We deeply appreciate the logistical and ad- ministrative assistance offered for the entire duration of this project by Yoshie Sawada of the Peace and Governance Programme of the United Nations University. We are grateful to Monica Blagescu and Alina Meyer for logistical and editorial assistance in the preparation of the manuscript. We thank the UNU Press, particularly Gareth Johnston, for patiently supporting us in preparing and improving the manuscript for publication. We are grateful to two anonymous peer reviewers, whose comments allowed us to make important improvements to the initial draft manuscript; and we greatly appreciate the work of Heather Russell, who has copy-edited the volume, and of Sylvia Coates who has produced a most useful index. We would not have been in a position to work on this project for over three years, were it not for the support and encour- agement of our families. It is to them that we dedicate this volume. Finally, we thank our contributors for sharing their insights with us and xiii xiv ACKNOWLEDGEMENTS the readers of this volume. We hope that, as a team, we have produced a useful examination of the challenges inherent in the advancement of hu- man rights in societies faced with the difficulties inherent in political, economic, and socio-cultural transition. We
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