Interstate border disputes in Africa: Their resolution and implications for human rights and peace

Many researchers have focused on the role colonialism has played in causing interstate border disputes in Africa. Besides the colonial issue, this paper seeks to investigate what other factors fuel interstate border disputes in Africa and determine how effectively the disputes can be resolved. In recent decades, Africa has been tormented by and is still experiencing numerous interstate border disputes which have serious implications for the disputing states. Some of the disputes are resolved, but violations of human rights and instability still occur in these regions. By analysing the content of some relevant documents and with the use of interviews, this paper reveals that most disputing African states rely heavily on foreign intervention (especially by their erstwhile colonial masters) in the resolution of their disputes. It is argued that African leaders need to be more committed and exhibit better leadership in resolving their border disputes, and that they should always seek the expertise of African forums such as the African Union (AU) before calling for foreign intervention. It is suggested that African leaders and the AU understand the problems of Africans better than anyone else, and they are also the ones mostly greatly affected by these disputes. Thus, there needs to be more of a focus on addressing the root causes of disputes in order to avoid them resurfacing, rather than seeking to merely halt them.     

AFRICA

Political violence, at times perceived as terrorism, remains a major security challenge in Swaziland. The common view is that this violence is perpetrated by those who feel marginalised from the political process. Central to the hypothesis advanced in this paper is that any effective solution to the menace of political violence and the security challenges it poses begins with an awareness of the symbiotic relation between security, human rights and democracy. It has been empirically proven that abuse of human rights can lead to violence, which negates peace and security in any society. In terms of content the paper looks at the shape of political violence in Swaziland. Next, it discusses the strategies and ideas behind efforts by the Swazi state to combat political violence and the counter-arguments. The final section shows the inextricable link between security, human rights and democracy; and argues that recognising this linkage can provide the key to unlocking the security puzzle in Swaziland.     

Historical and Political Background to the Erosion of the Rule of Law and Human Rights During Sri Lanka’s Civil War and the Way Forward

The Sri Lankan Civil War (1983–2009) is regarded as a violent reflection of deepening divides along political and ethnic lines. During this civil war the Sri Lankan Government and its security forces have been implicated in unlawful killings carried out in a pervasive manner against civilians, whilst at the same time specifically targeting ethnic Tamils, humanitarian workers and journalists. The human rights of all citizens suffered as a result and ultimately led to the weakening of the rule of law. With the end of the civil war, the Sri Lankan Government has made little progress in providing accountability for wartime abuses. Its absence of and reluctance to ensure justice is seen as a logical culmination of decades of impunity. The importance of acknowledging historical behaviour and taking accountability for past violations will be discussed. In an analysis for paving the way to a new democracy in Sri Lanka, the main outcomes of this article are calls for accountability arising out of the government’s actions during the war; an investigation into the present state of human rights, the rule of law and finally; an examination into the political solution going forward to ensure a process of reconciliation and peaceful co-existence.     

Obligation to prevent (O2P): Proposal for enhanced community approach to genocide prevention in Africa

As empathetic as distant nations may feel about an ongoing or looming catastrophe in a particular region of Africa, they are too far removed from the horror to grasp its gravity and impact. Geographical proximity to the atrocity, and the likelihood of its spreading to their neighbourhoods, make the communities and neighbouring countries in the imploding region the best and most effective first responders to a crisis in their own backyard. A response from ‘communal’ or ‘regional’ groups is, therefore, the most practical measure for preventing human rights violations in Africa from descending into an actual genocide or an intractable genocidal condition. A community approach to preventing genocide and other human rights abuses should serve as the foundation for a new concept of ‘moral pan-Africanism’ on the African continent in the 21^st century. This article makes an argument for this genocide prevention model and new moral concept.     

Soldiers as victims: behind military barracks in the post-colonial African army

This paper examines the ways in which the military infringes on the social and political rights of soldiers who joined the Zimbabwe National Army in post-independence Zimbabwe. Contrary to the scholarly and policy debates that present Zimbabwean soldiers as the silent prop behind President Robert Mugabe and the perpetrators of political violence, this paper argues that these soldiers have also been victimised in army barracks. The victimhood of soldiers has been explicit in the ways in which they are forced to execute their duties beyond their professional expectations. In substantiating this argument, the paper explores the unethical military training and the ways in which soldiers are disciplined and punished through Chapter 11:02 of the draconian Defence Act. The paper’s contribution stems from a ‘rights’ perspective that emphasises the right to freedom, justice and protection, which is usually quite silent in the military. But the question is how can soldiers’ concerns be translated into new practices without compromising so-called ‘state security’?     

Territorial contestation and repressive violence in civil war

This study models the structural sources of variation in the use of selective (discriminate) repression within 89 civil wars fought between 1981 and 2005. The severity of repressive violence is modeled as a function of the amount of territory being contested by the insurgents. This idea is operationalized using measures of the location, size, and density of insurgency violence. The analysis finds evidence that the repressive behavior of both governments and rebel groups is linked to conflict geography. Governments violate physical integrity rights more frequently and kill more civilians the greater the overall amount of territory under contestation. Rebels kill more civilians in highly dispersed insurgencies that lack a clear epicenter.     

俄罗斯等国对军警遂行反恐任务中权益的保护及启示

俄罗斯等国对军警遂行反恐任务中的权益作出五点保护：遂行反恐任务身体受到伤害、牺牲者,国家给予补偿金赔偿;因遂行反恐任务人身安全受到恐怖威胁,提出整容要求者国家予以解决;遂行反恐任务期间的军龄优惠计算;处置恐怖事件造成的损害免于法律追究;处置恐怖事件损失的个人财产由国家赔偿。俄罗斯等国对军警遂行反恐任务中权益保护的做法,对我国有两点启示：要进一步完善保护遂行反恐任务的武警官兵生命权等权利的法律;要进一步完善保护遂行反恐任务的武警官兵经济权利的法律。     

Civil-military relations and human security in a post-dictatorship

This article explores current developments in Chile, where since the return to democracy in 1990, the elected authorities have reconfigured the nation’s military resources in favour of four action pillars: peacekeeping and international conflict management, landmine removal and gun disarmament, emergency and catastrophe response, and a concern for human, economic and social rights. Successive defence policies offer a valuable case study for exploring the trade-offs between security, traditional and non-traditional threat management and institutional capabilities. The article argues that human security policymaking is not free from undesired outcomes; specifically, regarding how to reconvene the role of the armed forces when conventional war seems a thing of the past. The paper focuses on the interagency policy implications and the challenges ahead for civilians and the military.     

国际海洋法与维护国家海洋权益

海洋权益是指沿海国对属于自己的管辖海域享有国际海洋法所赋予的特定主权权利。《联合国海洋法公约》奠定了现代国际海洋法制度的基础,为各国维护正当的海洋权益提供了基本法律依据,但也有不完善甚至严重缺陷之处。认真研究其利弊,以切实维护国家海洋权益和公正合理的国际海洋法律秩序。