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Unjust Law As a Justification for Civil Disobedience
Mgbakoigba: Journal of African Studies, Volume 4, 2015. UNJUST LAW AS A JUSTIFICATION FOR CIVIL DISOBEDIENCE Arinze Agbanusi Department of Philosophy Nnamdi Azikiwe University Awka. Introduction Laws are bodies of rules for human conduct. They are meant to guide human actions, indicating those that are permitted or accepted and those that are prohibited, which performance attracts one form of punishment or the other. Laws are supposed to guide the behavior of citizens of a nation. A nation without laws is like a vehicle without wheels. Without laws people cannot live peacefully together as there will be the problem of reconciling conflicting human rights. As Thomas Hobbes pointed out in his theory of the state, when man was alone, there was no need for laws. The need for laws was necessitated by the increase in human population, to help reconcile naturally conflicting rights of different individuals. It is therefore expected that citizens should obey laws, to avoid an anarchical state where jungle justice (the principle of survival of the fittest) operates. According to Hobbes, the commonwealth was formed because men had a foresight of their own preservation, and thus had to find a way of averting that miserable condition of war and strife which are natural consequences of ever conflicting human rights. For John Locke, the main aim of forming the commonwealth (government) is the preservation of the „Property‟ of Citizens. Since the commonwealth and laws were created for the noble sake of the preservation of life and property, through the avoidance of war and uncertainties; it behooves on all citizens to obey the laws of the state or nation. -
Ortega for President: the Religious Rebirth of Sandinismo in Nicaragua
European Review of Latin American and Caribbean Studies 89, October 2010 | 47-63 Ortega for President: The Religious Rebirth of Sandinismo in Nicaragua Henri Gooren Abstract: This article analyses various connections between Daniel Ortega’s surprising victory in the presidential elections of 5 November 2006, his control of the Frente Sandinista de la Liberación Nacio- nal (FSLN) party, and the changing religious context in Nicaragua, where Pentecostal churches now claim almost one quarter of the population. To achieve this, I draw from my fieldwork in Nicaragua in 2005 and 2006, which analysed competition for members between various religious groups in Managua: charismatic Catholics, the Assemblies of God, the neo-Pentecostal mega-church Hosanna, and the Mormon Church. How did Ortega manage to win the votes from so many religious people (evangelical Protestants and Roman Catholics alike)? And how does this case compare to similar cases of populist leaders in Latin America courting evangelicals, like Chávez in Venezuela and earlier Fujimori in Peru? Keywords: Nicaragua, religion, elections, FSLN, Daniel Ortega. Populist leadership and evangelical support in Latin America At first look, the case of Ortega’s surprise election victory seems to fit an estab- lished pattern in Latin America: the populist leader who comes to power in part by courting – and winning – the evangelical vote. Alberto Fujimori in Peru was the first to achieve this in the early 1990s, followed by Venezuelan lieutenant-colonel Hugo Chávez in the late 1990s and more recently Rafael Correa in Ecuador (Op- penheimer 2006). These three populist leaders came to power thanks to the break- down of an old party system, which gradually became stagnant and corrupted. -
Ideological Contributions of Celtic Freedom and Individualism to Human Rights
chapter 4 Ideological Contributions of Celtic Freedom and Individualism to Human Rights This chapter emphasizes the importance of the often-overlooked contribu- tions of indigenous European cultures to the development of human rights. Attention is given to the ancient Celtic culture, the ideas of Celtic freedom and individualism, the distinctive role of the Scottish theologian, John Dunn Scotus and the Scottish Arbroath Declaration of Freedom (1320).1 It is from the Scottish Enlightenment and its subsequent influence on the late 18th century revolutions that we see an affirmative declaration of the Rights of Man, which is a precursor to the development of modern human rights. The importance of the Celtic-Irish-Scottish contribution to human rights is that it was the foun- dation for individual liberty and dignity in Western civilization. Indigenous Celtic culture staked an original and critical claim to the ideal of universal hu- man dignity. This is an important insight because it broadens the ideals that promote human rights, including within them those ideals of the indigenous cultures of the world, whose voices are oftentimes forgotten. It strengthens the universality of human rights. i The Intellectual and Philosophical Origins of International Law and Human Rights The intellectual and philosophical origins of human rights rhetoric and law, democracy, freedom and ideas supporting “consent of the governed” are in- tertwined in this composite explanation that attempts to explain all of these themes with the historical themes of Roman natural law, Athenian democracy and later the modern political philosophy of John Locke and his followers. The absence of a medieval connection between the alleged ancient Roman and Greek sources and the modern developments of human rights indicates that this perspective is faulty. -
The Carter Center News Spring 1990
THE CARTER CENTER NEWS SPRING 1990 Carter, Council Monitor Nicaraguan Elections Peaceful Transition of Power First in Country's History On April 25, the Nicaraguan people inaugurated a new president in the first peaceful transfer of power to an elected opposition in the country's history. of Nicaragua chose their new president in a free and fair election," said President Carter, who led an international delegation to monitor the February 25 elections. The delegation was formed under the auspices of the Council of Freely-Elected Heads of Government, chaired by President Carter and based at The Carter Center of Emory University (CCEU). The Council joined delegations from the United Nations and the Organization of American States (OAS) in monitoring the elections. Following the transfer of power from the Sandinista (FSLN) government of Daniel Ortega to the coalition government (UNO) of Violeta Chamorro, President Carter said, "Both Daniel Ortega and Violeta Chamorro deserve the world's respect and admiration for the way they handled the transition. Former President Ortega has set his country on the road to democracy. President Chamorro has been entrusted by the people of Nicaragua with the difficult task of healing the division in that nation and nurturing the newly-born democratic spirit. It is my sincerest hope that peace and democracy will flourish in Nicaragua." The Invitation In the summer of 1989, President Carter and the Council were invited to observe the elections by thenPresident Daniel Ortega, the Union of National Opposition (UNO), and the Supreme Electoral Council. The Nicaraguan election project was directed by Robert Pastor and Jennie Lincoln, director and associate director respectively of CCEU's Latin American and Caribbean Studies program. -
Egypt Digital Rights Landscape Report
ids.ac.uk Digital Rights in Closing Civic Space: Lessons from Ten African Countries 209 Egypt Digital Rights Landscape Report Egypt Digital Rights Landscape Report Mohamed Farahat This is an Open Access report distributed under the terms of the Creative Commons Attribution 4.0 International licence (CC BY), which permits unrestricted use, distribution, and reproduction in any medium, provided the original authors and source are credited and any modifications or adaptations are indicated. This report is part of ‘Digital Rights in Closing Civic Space: Lessons from Ten African Countries’; the Introduction is also recommended reading. © 2021 Mohamed Farahat © Institute of Development Studies. DOI: 10.19088/IDS.2021.014 ids.ac.uk Digital Rights in Closing Civic Space: Lessons from Ten African Countries 210 Egypt Digital Rights Landscape Report 1. Introduction Egypt has experienced many political and social changes prior to and since the 2011 uprising. These changes have had a significant impact on civic space offline, as well as online. Digital rights are simply human rights in online spaces and are recognised as being of central importance. This is especially true when closing civic space in the physical world means that opening civic space online is a necessary last resort. The coronavirus (Covid-19) pandemic has highlighted the importance of digital rights, especially for vulnerable groups such as refugees and people in rural and remote areas. The main objective of this report is to give an overview of digital rights in Egypt, especially in the context of freedom of expression and freedom of assembly, the right to access the internet, and for access to information, and the right to knowledge; and to explore the impacts of the political context on civic space in general and digital rights in particular. -
IS DEMOCRACY in TROUBLE? According to Many Scholars, Modern Liberal Democracy Has Advanced in Waves
IS DEMOCRACY IN TROUBLE? According to many scholars, modern liberal democracy has advanced in waves. But liberal democracy has also had its set- backs. Some argue that it is in trouble in the world today, and that the young millennial generation is losing faith in it. FREEDOM IN THE WORLD 2017 Source: Freedom in the World 2017 This map was prepared by Freedom House, an independent organization that monitors and advocates for democratic government around the globe. According to this map, how free is your country? Which areas of the world appear to be the most free? Which appear to be the least free? (Freedom House) Since the American and French revolutions, there authoritarian leaders like Russia’s Vladimir Putin. have been three major waves of liberal democracies. Freedom House has rated countries “free,” “partly After each of the first two waves, authoritarian regimes free,” and “not free” for more than 70 years. Its Free- like those of Mussolini and Hitler arose. dom in the World report for 2016 identified 67 coun- A third wave of democracy began in the world in the tries with net declines in democratic rights and civil mid-1970s. It speeded up when the Soviet Union and the liberties. Only 36 countries had made gains. This nations it controlled in Eastern Europe collapsed. Liberal marked the 11th straight year that declines outnum- democracies were 25 percent of the world’s countries in bered gains in this category. 1975 but surged to 45 percent in 2000. The big news in the Freedom House report was that Many believed liberal democracy was on a perma- “free” countries (i.e., liberal democracies) dominated the nent upward trend. -
Wien Institute for Advanced Studies, Vienna
Institut für Höhere Studien (IHS), Wien Institute for Advanced Studies, Vienna Reihe Politikwissenschaft / Political Science Series No. 45 The End of the Third Wave and the Global Future of Democracy Larry Diamond 2 — Larry Diamond / The End of the Third Wave — I H S The End of the Third Wave and the Global Future of Democracy Larry Diamond Reihe Politikwissenschaft / Political Science Series No. 45 July 1997 Prof. Dr. Larry Diamond Hoover Institution on War, Revolution and Peace Stanford University Stanford, California 94305-6010 USA e-mail: [email protected] and International Forum for Democratic Studies National Endowment for Democracy 1101 15th Street, NW, Suite 802 Washington, DC 20005 USA T 001/202/293-0300 F 001/202/293-0258 Institut für Höhere Studien (IHS), Wien Institute for Advanced Studies, Vienna 4 — Larry Diamond / The End of the Third Wave — I H S The Political Science Series is published by the Department of Political Science of the Austrian Institute for Advanced Studies (IHS) in Vienna. The series is meant to share work in progress in a timely way before formal publication. It includes papers by the Department’s teaching and research staff, visiting professors, students, visiting fellows, and invited participants in seminars, workshops, and conferences. As usual, authors bear full responsibility for the content of their contributions. All rights are reserved. Abstract The “Third Wave” of global democratization, which began in 1974, now appears to be drawing to a close. While the number of “electoral democracies” has tripled since 1974, the rate of increase has slowed every year since 1991 (when the number jumped by almost 20 percent) and is now near zero. -
The November 2011 Elections in Nicaragua: a Study Mission Report of the Carter Center
The November 2011 Elections in Nicaragua Study Mission Report Waging Peace. Fighting Disease. Building Hope. The November 2011 Elections in Nicaragua: A Study Mission Report of the Carter Center THE NOVEMBER 2011 ELECTIONS IN NICARAGUA: A STUDY MISSION REPORT OF THE CARTER CENTER OVERVIEW On November 6, 2011 Nicaragua held general elections for president and vice president, national and departmental deputies to the National Assembly, and members of the Central American Parliament. Fraudulent local elections in 2008, a questionable Supreme Court decision in October 2009 to permit the candidacy of incumbent President Daniel Ortega, and a presidential decree in January 2010 extending the Supreme Electoral Council (CSE) magistrates in office after their terms expired provided the context for a deeply flawed election process. Partisan election preparations were followed by a non-transparent election day and count. The conditions for international and domestic election observation, and for party oversight, were insufficient to permit verification of compliance with election procedures and Nicaraguan electoral law, and numerous anomalies cast doubt on the quality of the process and honesty of the vote count. The most important opposition party rejected the election as fraudulent but took its seats in the legislature. Nicaragua’s Supreme Electoral Council dismissed opposition complaints and announced that President Daniel Ortega had been re-elected to a third term. In addition, the official results showed that Ortega’s Sandinista National Liberation Front (FSLN) party had won enough legislative seats both to reform articles of the constitution (requires a 60% majority) and to call a constituent assembly to write a new constitution (requires 66%). -
Montesquieu, Methodological Pluralism and Comparative Constitutional Law 481
Montesquieu, Methodological Pluralism and Comparative Constitutional Law 481 Montesquieu, Methodological Pluralism and Comparative Constitutional Law Lorenzo Zucca* Montesquieu’s lessons for modern comparative constitutional law – The Spirit of the Laws – The textual bias of normative constitutionalism – The utility of other disci- plines to comparative constitutional law – Constitutions as more than mere texts Introduction Modern comparative constitutional law begins in Esfahan, the old capital of Iran, in a majestic seraglio, where some of the most beautiful women are held captive. Uzbek, an Iranian prince, set out for a trip to Europe. He travels to Qom, the holy city, then to Tabriz. He stops for a while in Turkey and embarks in Smyrna on the way to Livorno. Then he quickly arrives in Paris, the centre of modern Europe. From there, Uzbek and Rica, a close friend, report back on European laws, habits and culture from the perspective of two Persian observers. There are two impor- tant, albeit conflicting, insights in Montesquieu’s Persian Letters. First, we can im- prove the understanding of our society by adopting an external viewpoint. In this case, Montesquieu wears the clothes of two Persian visitors, Uzbek and Rica. Through this fiction, he can critically report on a number of interesting aspects of contemporary France. Montesquieu stresses a second point: self-understanding through comparison is limited, as we always tend to excuse our own habits more than we criticise them. Uzbek, for example, sees many weaknesses in the French political and cultural system, but tends to justify his position of slave owner and incarcerator of women back home. -
Voltaire's Wit and Wisdom: Freethought, Enlightenment, Satire
While the public loved his plays, often summarized these values the French elites6 could not with the common saying, “I François-Marie Arouet1 was born tolerate a laugh at their expense. disapprove of what you say, but I in 1694’s Paris at the dawn of the Without trials7 or legal defense, will defend to the death your Age of Enlightenment. His father Voltaire was imprisoned multiple right to say it.”16 sent him off to become a lawyer, times and later exiled to Britain. yet he quickly found fame as a socialite, philanderer2, and poet Once outside his home country, 8 who strived to surround himself he soon realized how corrupt “Doubt is not a pleasant with the great minds of his time. and tyrannical the absolute 9 condition, but certainty is He studied John Locke and monarchy in France really was. absurd.” Edmund Burke, admired Isaac Civil liberties were ignored, 3 religious minorities were brutally Newton, criticized Leibniz, and Voltaire could see how evidence- tortured, and execution came to became close friends with based17 reasoning18, scientific anyone who failed to flatter Jonathan Swift, Alexander Pope, literacy, and general education19 those in power.10 and Benjamin Franklin. could improve a society; so he worked to popularize and Fueled by coffee, inspired by his Despite the risks, Voltaire 11 explain Newton’s controversial muse (the mathematician and continued to riddicule state 12 discoveries to the public. He physicist, Madame du Châtelet), churches, organized religion, even helped to create the and driven to speak out against monarchies, injustice, hypocrisy, 13 world’s first encyclopedia! the political and religious prejudice , and corruption for atrocities around him, he wrote the rest of his life. -
Freedoms Business SECURITY SOCIAL Dimension Civil Society
Belarus in global Ratings 2020 Freedoms Business SECURITY SOCIAL DIMENsION civil society Freedoms 2020 Freedom in the world 19 /100 The 2020 edition covers developments from January 1, 2019, through December 31, 2019. Freedom in the World is an annual global report on people’s access to political rights and civil liberties. The 2020 edition covers developments in 210 countries and territories. The survey and the report is made by the U.S.-based non-profit non-governmental organization Freedom House. Aggregate Score shows: 0=Least Free, 100=Most Free Source: https://freedomhouse.org/country/belarus/freedom-world/2020 Aggregate Score Freedom in the World, 2020: Belarus and neighbors Freedom of the Net 38 /100 The 2020 edition covers developments from June 1, 2019, through May 31, 2020. Score Freedom on the Net is an annual study by non- profit non-governmental organization Freedom House measuring the internet freedom around the globe. In 2019 the methodology was slightly changed and now levels of internet freedom are scored on a scale from 0 (least free) to 100 (most free). Depending on the basics, the nations are then classified as “Free”, “Partly Free”, or “Not Free”. Source: https://freedomhouse.org/country/belarus/freedom-net/2020 WORLD PRESS FREEDOM 153 /180 Published in April, 2020. Rank Published every year since 2002 by Reporters Without Borders (RSF), the World Press Freedom Index is an important advocacy tool based on the principle of emulation between states. The Index ranks 180 countries according to the level of freedom available to journalists. It is a snapshot of the media freedom situation based on an evaluation of pluralism, independence of the media, quality of legislative framework and safety of journalists in each country. -
Some Worries About the Coherence of Left-Libertarianism Mathias Risse
John F. Kennedy School of Government Harvard University Faculty Research Working Papers Series Can There be “Libertarianism without Inequality”? Some Worries About the Coherence of Left-Libertarianism Mathias Risse Nov 2003 RWP03-044 The views expressed in the KSG Faculty Research Working Paper Series are those of the author(s) and do not necessarily reflect those of the John F. Kennedy School of Government or Harvard University. All works posted here are owned and copyrighted by the author(s). Papers may be downloaded for personal use only. Can There be “Libertarianism without Inequality”? Some Worries About the Coherence of Left-Libertarianism1 Mathias Risse John F. Kennedy School of Government, Harvard University October 25, 2003 1. Left-libertarianism is not a new star on the sky of political philosophy, but it was through the recent publication of Peter Vallentyne and Hillel Steiner’s anthologies that it became clearly visible as a contemporary movement with distinct historical roots. “Left- libertarian theories of justice,” says Vallentyne, “hold that agents are full self-owners and that natural resources are owned in some egalitarian manner. Unlike most versions of egalitarianism, left-libertarianism endorses full self-ownership, and thus places specific limits on what others may do to one’s person without one’s permission. Unlike right- libertarianism, it holds that natural resources may be privately appropriated only with the permission of, or with a significant payment to, the members of society. Like right- libertarianism, left-libertarianism holds that the basic rights of individuals are ownership rights. Left-libertarianism is promising because it coherently underwrites both some demands of material equality and some limits on the permissible means of promoting this equality” (Vallentyne and Steiner (2000a), p 1; emphasis added).