Category Archives: Middle East and North Africa
A key challenge faced by those engaged in international human rights policy and practice is adopting an effective framework for protecting and promoting human rights around the world in a way that preserves and articulates their universal nature, while at the same time respecting local values and practices.
One way to approach this challenge is to examine values, norms, customs and practices in non-Western cultures which can act as ‘receptors’ for human rights principles and practice. A new Dutch collaborative research project adopts just such an approach (and is thus called the ‘Receptor Approach’). It brings together experts from around the world and from a variety of disciplines – law, anthropology, sociology, political science, international relations and philosophy among others. (more…)
Many fragile states suffer from incoherent legal systems. Whereas in developed countries, one single system exists and is effectively enforced, in fragile states multiple systems work side-by-side, each weakly enforced, and often operating in contradiction with each other. Creating a unified and robust system of law is one of the biggest challenges these countries face.
In most cases, this incoherence is a direct product of colonialism. One system, often with the greatest relevancy to local populations, has roots in the precolonial system of governance. It may have evolved a lot since then, but is still based on local circumstances and institutions. The state, itself a product of foreign rule, follows another system, based on Western legal tradition, imported from abroad. Neither is consistently or equitably implemented. Corruption distorts outcomes. Officials (whether those of the state or local leaders) lack training. Favoritism is common.
In some places, religion comes into play with its own system (such as Sharia), creating three legal layers, each with its own logic. Outcomes and incentives can be widely divergent. Local systems may also vary tremendously by location, creating a complex mosaic of different mixes of different systems depending where in a country one is. (more…)