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Pennsylvania Studies in Human Rights

Bert B. Lockwood, Jr., Series Editor

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Forgotten Genocides

Oblivion, Denial, and Memory

Edited by Rene Lemarchand

Unlike the Holocaust, Rwanda, Cambodia, or Armenia, scant attention has been paid to the human tragedies analyzed in this book. From German Southwest Africa (now Namibia), Burundi, and eastern Congo to Tasmania, Tibet, and Kurdistan, from the mass killings of the Roms by the Nazis to the extermination of the Assyrians in Ottoman Turkey, the mind reels when confronted with the inhuman acts that have been consigned to oblivion.

Forgotten Genocides: Oblivion, Denial, and Memory gathers eight essays about genocidal conflicts that are unremembered and, as a consequence, understudied. The contributors, scholars in political science, anthropology, history, and other fields, seek to restore these mass killings to the place they deserve in the public consciousness. Remembrance of long forgotten crimes is not the volume's only purpose—equally significant are the rich quarry of empirical data offered in each chapter, the theoretical insights provided, and the comparative perspectives suggested for the analysis of genocidal phenomena. While each genocide is unique in its circumstances and motives, the essays in this volume explain that deliberate concealment and manipulation of the facts by the perpetrators are more often the rule than the exception, and that memory often tends to distort the past and blame the victims while exonerating the killers.

Although the cases discussed here are but a sample of a litany going back to biblical times, Forgotten Genocides offers an important examination of the diversity of contexts out of which repeatedly emerge the same hideous realities.

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Freedom from Poverty

NGOs and Human Rights Praxis

By Daniel P.L. Chong

Human rights advocacy in the West is changing. Before the turn of the century, access to goods such as food, housing, and health care—while essential to human survival—were deemed outside of the human rights sphere. Traditional human rights institutions focused on rights in the political arena that could be defended through legal systems.

In Freedom from Poverty, Daniel P. L. Chong examines how today's nongovernmental organizations are modifying human rights practices and reshaping the political landscape by taking up the cause of subsistence rights. This book outlines how three types of NGOs—human rights, social justice, and humanitarian organizations—are breaking down barriers by incorporating access to economic and social goods into national laws and advancing subsistence rights through nonjuridical means. These NGOs are using rights not only as legal instruments but as moral and rhetorical implements to build social movements, shape political culture, and guide development work. Rights language is now invoked in churches, political campaigns, rock concerts, and organizational mission statements. Chong presents a social theory of human rights to provide a framework for understanding these changes and defending the legitimacy of these rights.

Freedom from Poverty analyzes new trends in the evolution of human rights by combining constructivist and postpositivist legal approaches. This book provides valuable concepts to human rights practitioners, political scientists, antipoverty advocates, and leaders who are serious about ending widespread privation and disease.

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Freedom's Ordeal

The Struggle for Human Rights and Democracy in Post-Soviet States

By Peter Juviler

Fifteen countries have emerged from the collapse of the Soviet Union. Freedom's Ordeal recounts the struggles of these newly independent nations to achieve freedom and to establish support for fundamental human rights. Although history has shown that states emerging from collapsed empires rarely achieve full democracy in their first try, Peter Juviler analyzes these successor states as crucial and not always unpromising tests of democracy's viability in postcommunist countries. Taking into account the particularly difficult legacies of Soviet communism, Freedom's Ordeal is distinguished by its careful tracing of the historical background, with special attention to human rights before, during, and after communism. Juviler suggests that the culture and practices of despotism may wither wherever modernization conflicts with tyranny and with the curtailment or denial of democratic rights and freedoms.

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From Human Trafficking to Human Rights

Reframing Contemporary Slavery

Edited by Alison Brysk and Austin Choi-Fitzpatrick

Over the last decade, public, political, and scholarly attention has focused on human trafficking and contemporary forms of slavery. Yet as human rights scholars Alison Brysk and Austin Choi-Fitzpatrick argue, most current work tends to be more descriptive and focused on trafficking for sexual exploitation. In From Human Trafficking to Human Rights, Brysk, Choi-Fitzpatrick, and a cast of experts demonstrate that it is time to recognize human trafficking as more a matter of human rights and social justice, rooted in larger structural issues relating to the global economy, human security, U.S. foreign policy, and labor and gender relations. Such reframing involves overcoming several of the most difficult barriers to the development of human rights discourse: women's rights as human rights, labor rights as a confluence of structure and agency, the interdependence of migration and discrimination, the ideological and policy hegemony of the United States in setting the terms of debate, and a politics of global justice and governance. Throughout this volume, the argument is clear: a deep human rights approach can improve analysis and response by recovering human rights principles that match protection with empowerment and recognize the interdependence of social rights and personal freedoms. Together, contributors to the volume conclude that rethinking trafficking requires moving our orientation from sex to slavery, from prostitution to power relations, and from rescue to rights. On the basis of this argument, From Human Trafficking to Human Rights offers concrete policy approaches to improve the global response necessary to end slavery responsibly. Alison Brysk is Mellichamp Professor of Global Governance in the Global and International Studies Program at the University of California, Santa Barbara. Austin Choi-Fitzpatrick is Assistant Director of the Center for the Study of Social Movements and Social Change at the University of Notre Dame.

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Gender and Culture at the Limit of Rights

Edited by Dorothy L. Hodgson

An interdisciplinary collection, Gender and Culture at the Limit of Rights examines the potential and limitations of the "women's rights as human rights" framework as a strategy for seeking gender justice. Drawing on detailed case studies from the United States, Africa, Latin America, Asia, and elsewhere, contributors to the volume explore the specific social histories, political struggles, cultural assumptions, and gender ideologies that have produced certain rights or reframed long-standing debates in the language of rights. The essays address the gender-specific ways in which rights-based protocols have been analyzed, deployed, and legislated in the past and the present, and the implications for women and men, adults and children in various social and geographical locations. Questions addressed include: What are the gendered assumptions and effects of the dominance of rights-based discourses for claims to social justice? What kinds of opportunities and limitations does such a "culture of rights" provide to seekers of justice, whether individuals or collectives, and how are these gendered? How and why do female bodies often become the site of contention in contexts pitting cultural against juridical perspectives?

The contributors speak to central issues in current scholarly and policy debates about gender, culture, and human rights from comparative disciplinary, historical, and geographical perspectives. By taking "gender," rather than just "women," seriously as a category of analysis, the chapters suggest that the very sources of the power of human rights discourses, specifically "women's rights as human rights" discourses, to produce social change are also the sources of its limitations.

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Gender Stereotyping

Transnational Legal Perspectives

By Rebecca J. Cook and Simone Cusack

Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights.

A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality for women. Applying the Convention as the primary framework for analysis, this book provides essential strategies for eradicating gender stereotyping. Its proposed methodology requires naming operative gender stereotypes, identifying how they violate the human rights of women, and articulating states' obligations to eliminate and remedy these violations.

According to Rebecca J. Cook and Simone Cusack, in order to abolish all forms of discrimination against women, priority needs to be given to the elimination of gender stereotypes. While stereotypes affect both men and women, they can have particularly egregious effects on women, often devaluing them and assigning them to subservient roles in society. As the legal perspectives offered in Gender Stereotyping demonstrate, treating women according to restrictive generalizations instead of their individual needs, abilities, and circumstances denies women their human rights and fundamental freedoms.

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Genocide in Cambodia

Documents from the Trial of Pol Pot and Ieng Sary

Edited by Howard J. De Nike, John Quigley, and Kenneth J. Robinson

The Khmer Rouge held power in Cambodia from 1975 to 1979 and aggressively pursued a policy of radical social reform that resulted in the deaths of hundreds of thousands of Cambodians through mass executions and physical privation. In January 1979, the government was overthrown by former Khmer Rouge functionaries, with substantial backing from the army of Vietnam. In August of that year a special court, the People's Revolutionary Tribunal, was constituted to try two of the Khmer Rouge government's most powerful leaders, Pol Pot and Ieng Sary. The charge against them was genocide as it was defined in the United Nation's genocide convention of 1948. At the time, both men were in the Cambodian jungle leading the Khmer Rouge in a struggle to regain power; they were, therefore, tried in absentia.

Genocide in Cambodia assembles documents from this historic trial and contains extensive reports from the People's Revolutionary Tribunal. The book opens with essays that discuss the nature of the primary documents, and places the trial in its historical, legal, and political context. The documents are divided into three parts: those relating to the establishment of the tribunal; those used as evidence, including statements of witnesses, investigative reports of mass grave sites, expert opinions on the social and cultural impact of the actions of Pol Pot and Ieng Sary, and accounts from the foreign press; and finally the record of the trial, beginning with the prosecutor's indictment and ending with the concluding speeches by the attorneys for the defense and prosecution.

The trial of Pol Pot and Ieng Sary was the world's first genocide trial based on United Nations's policy as well as the first trial of a head of government on a human rights-related charge. This documentary record is significant for the history of Cambodia, and it will be of the highest importance as well to the international legal and human rights communities.

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Giving Meaning to Economic, Social, and Cultural Rights

Edited by Isfahan Merali and Valerie Oosterveld

The Universal Declaration of Human Rights, arguably the founding document of the human rights movement, fully embraces economic, social, and cultural rights, as well as civil and political rights, within its text. However, for most of the fifty years since the Declaration was adopted by the General Assembly of the United Nations, the focus of the international community has been on civil and political rights. This focus has slowly shifted over the past two decades. Recent international human rights treaties—such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women—grant equal importance to protecting and advancing nonpolitical rights.

In this collection of essays, Isfahan Merali, Valerie Oosterveld, and a team of human rights scholars and activists call for the reintegration of economic, social, and cultural rights into the human rights agenda. The essays are divided into three sections. First the contributors examine traditional conceptualizations of human rights that made their categorization possible and suggest a more holistic rights framework that would dissolve such boundaries. In the second section they discuss how an integrated approach actually produces a more meaningful analysis of individual economic, social, and cultural rights. Finally, the contributors consider how these rights can be monitored and enforced, identifying ways international human rights agencies, NGOs, and states can promote them in the twenty-first century.

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The Guatemalan Military Project

A Violence Called Democracy

By Jennifer Schirmer

In 1999, the Guatemala truth commission issued its report on human rights violations during Guatemala's thirty-six-year civil war that ended in 1996. The commission, sponsored by the UN, estimates the conflict resulted in 200,000 deaths and disappearances. The commission holds the Guatemalan military responsible for 93 percent of the deaths.

In The Guatemalan Military Project, Jennifer Schirmer documents the military's role in human rights violations through a series of extensive interviews striking in their brutal frankness and unique in their first-hand descriptions of the campaign against Guatemala's citizens. High-ranking officers explain in their own words their thoughts and feelings regarding violence, political opposition, national security doctrine, democracy, human rights, and law. Additional interviews with congressional deputies, Guatemalan lawyers, journalists, social scientists, and a former president give a full and balanced account of the Guatemalan power structure and ruling system.

With expert analysis of these interviews in the context of cultural, legal, and human rights considerations, The Guatemalan Military Project provides a successful evaluation of the possibilities and processes of conversion from war to peace in Latin America and around the world.

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Guilt, Responsibility, and Denial

The Past at Stake in Post-Milosevic Serbia

By Eric Gordy

When the regime led by Slobodan Miloševi? came to an end in October 2000, expectations for social transformation in Serbia and the rest of the Balkans were high. The international community declared that an era of human rights had begun, while domestic actors hoped that the conditions that had made a violent dictatorship possible could be eliminated. More than a decade after the International Criminal Tribunal for the Former Yugoslavia initiated the process of bringing violators of international humanitarian law to justice, significant legal precedents and facts have been established, yet considerable gaps in the historical record, along with denial and disagreements, continue to exist in the public memory of the Yugoslav wars.

Guilt, Responsibility, and Denial sets out to trace the political, social, and moral challenges that Serbia faced from 2000 onward, offering an empirically rich and theoretically broad account of what was demanded of the country's citizens as well its political leadership—and how these challenges were alternately confronted and ignored. Eric Gordy makes extensive use of Serbian media to capture the internal debate surrounding the legacy of the country's war crimes, providing one of the first studies to examine international institutional efforts to build a set of public memories alongside domestic Serbian political reaction. By combining news accounts, courtroom transcripts, online discussions, and his own field research, Gordy explores how the conflicts and crimes that were committed under Miloševi? came to be understood by the people of Serbia and, more broadly, how projects of transitional justice affect the ways society faces issues of guilt and responsibility. In charting the legal, political, and cultural forces that shape public memory, Guilt, Responsibility, and Denial promises to become a standard resource for studies of Serbia as well as the workings of international and domestic justice in dealing with the aftermath of war crimes.

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