The Socio-Political Practice of Human Rights: Between the Universal and the Particular

231 Pages·2017·8.701 MB·English

by  Kiran Kaur Grewal

7
1
0
2
h
c
r
a
M
6
2
9
2
:
7
1
t
a

]
o
g
e
i
D
n
a
S
a,
i
n
r
o
f
i
l
a
C
f
o
y
t
i
s
r
e
v
i
n
U
[
y
b
d
e
d
a
o
l
n
w
o
D
The Socio-Political Practice
of Human Rights
7
1
0
2
h
c
r
a
M
This book examines discourses of rights and practices of resistance in post-con-
6
2 flict societies, exploring the interaction between the international human rights
9 framework and different actors seeking political and social change. Presenting
2
: detailed new case studies from Sierra Leone, Sri Lanka and Kosovo, it reveals the
7
1 necessity of social scientific interventions in the field of human rights. The author
t
] a shows how a shift away from the realm of normative political or legal theory
o towards a more sociological analysis promises a better understanding of both the
g
e limits of current human rights approaches and possible sites of potential.
i
D
Considering the diverse ways in which human rights are enacted and mobi-
n
a lised, The Socio-Political Practice of Human Rights engages with major sites of
S
a, tension and debate, examining the question of whether human rights are universal
ni or culturally relative; their relationship to forms of economic and political domi-
r
o nation; the role of law as a mechanism for social change and the ways in which
f
li the language of human rights facilitates or closes sites of radical resistance. By
a
C situating these debates in specific contexts, this book concludes by proposing new
of ways of theorizing human rights.
y Empirically grounded and offering an alternate framework for understanding
t
i
s the fluid and ambiguous operation of power within the theory and practice of
r
e
v human rights, this volume will appeal to scholars of sociology, law and politics
i
n with interests in gender, resistance, international law, human rights and socio-
U
[ legal discourse.
y
b
d Kiran Kaur Grewal is Senior Research Fellow at the Institute of Social Justice
e
d at the Australian Catholic University, Australia.
a
o
l
n
w ‘A ground-breaking book. Kiran Kaur Grewal’s original study, based on eth-
o nographic methods, enables her to show how individuals and groups make use
D
of human rights to challenge practices in their everyday lives. The book is a
far-reaching contribution to key debates in the study of human rights over univer-
salism and cultural relativism, law and politics, empire and self-determination.’
Kate Nash, Goldsmiths, University of London, UK
Global Connections
Series Editor: Robert Holton, Trinity College, Dublin
7
1
0
2
h
c
r
a
M
Global Connections builds on the multi-dimensional and continuously expanding
6
2 interest in globalization, focusing on ‘connectedness’ and providing accessible,
9 concrete studies across a broad range of areas such as social and cultural life, and
2
: economic, political and technological activities. Interdisciplinary in approach,
7
1 the series moves beyond abstract generalities and stereotypes: ‘Global’ is con-
t
] a sidered in the broadest sense of the word, embracing connections between dif-
o ferent nations, regions and localities, including activities that are trans-national,
g
e and trans-local in scope; ‘connections’ refers to movements of people, ideas,
i
D
resources, and all forms of communication as well as the opportunities and con-
n
a straints faced in making, engaging with, and sometimes resisting globalization.
S
a, For a full list of titles in this series, please visit www.routledge.com/series/
ni ASHSER1306
r
o
f
li Titles in the series include:
a
C
of Global Inequalities Beyond Eurocentrism at the Margins
y Occidentalism Encounters, Critics and Going Beyond
t
i
s Manuela Boatcă Lutfi Sunar
r
e
v
i
n Global Exposure in East Asia Glocal Pharma
U
[ A Comparative Study of International Brands and the
y
b Microglobalization Imagination of Local Masculinity
d Ming-Chang Tsai Ericka Johnson and Ebba Sjögren
e
d
a
o Violence and Gender in the The Socio-Political Practice of
l
n
w Globalized World Human Rights
o The Intimate and the Extimate, 2nd Between the Universal and the
D
Edition Particular
Sanja Bahun and V.G. Julie Rajan Kiran Kaur Grewal
Global Culture: Consciousness and The Global Repositioning of
Connectivity Japanese Religions
Roland Robertson and Didem An integrated approach
Buhari-Gulmez Ugo Dessì
The Socio-Political Practice
of Human Rights
Between the Universal and
the Particular
7
1
0
2
h
c
r
Ma Kiran Kaur Grewal
6
2
9
2
:
7
1
t
a
]
o
g
e
i
D
n
a
S
a,
i
n
r
o
f
i
l
a
C
f
o
y
t
i
s
r
e
v
i
n
U
[
y
b
d
e
d
a
o
l
n
w
o
D
First published 2017
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2017 Kiran Kaur Grewal
7 The right of Kiran Kaur Grewal to be identified as author of this work
1 has been asserted by her in accordance with sections 77 and 78 of the
0 Copyright, Designs and Patents Act 1988.
2
h All rights reserved. No part of this book may be reprinted or reproduced or
c
r utilised in any form or by any electronic, mechanical, or other means, now
a
M known or hereafter invented, including photocopying and recording, or in
6 any information storage or retrieval system, without permission in writing
2 from the publishers.
9
2 Trademark notice: Product or corporate names may be trademarks or
: registered trademarks, and are used only for identification and explanation
7
1 without intent to infringe.
t
] a British Library Cataloguing in Publication Data
o A catalogue record for this book is available from the British Library
g
e Library of Congress Cataloging in Publication Data
i
D Names: Grewal, Kiran Kaur, author.
n Title: The socio-political practice of human rights : between the universal
Sa and the particular / by Kiran Kaur Grewal.
ia, DesScreirpiteiso:n G: lFoabranlh caomn,n Seuctriroenys, U| IKnc ;l uBduersl ibnigbtloiong, VraTph :i Acaslh rgeafeter,e n[2c0e1s 6a]n |d
n
r index.
o Identifiers: LCCN 2015041447 (print) | LCCN 2015044987 (ebook) |
f
li ISBN 9781472414892 (hardback)
a
C Subjects: LCSH: Human rights—Social aspects.
f Classification: LCC JC571 .G78265 2016 (print) | LCC JC571 (ebook) |
o DDC 323.01—dc23
y LC record available at http://lccn.loc.gov/2015041447
t
i
s
r
e ISBN: 978-1-472-41489-2 (hbk)
v
i ISBN: 978-1-315-55262-0 (ebk)
n
U
y [ Typeset in Times New Roman
b by Swales & Willis Ltd, Exeter, Devon, UK
d
e
d
a
o
l
n
w
o
D
Contents
7
1
0
2
h
c
r
a
M
Acknowledgements vii
6
2
9
2 Introduction 1
:
7
1
t
a
] PART 1
o
g The debates 15
e
i
D
n 1 The universalism/cultural relativism debate 17
a
S
a, 2 The place of law in human rights 29
i
n 3 The radical potential of human rights 41
r
o
f
i
l
a
C
PART 2
f
o The case studies 53
y
t
i
s
r 4 Kosovo: International humanitarianism and the
e
v narrative of ‘ancient ethnic hatreds’ 55
i
n
U
[ 5 International legal institutions: Site of empowerment
y
b or further marginalisation? The example of the
d Special Court for Sierra Leone 91
e
d
oa 6 From civil to political society: Human rights,
l
n knowledge and power in post-war Sri Lanka 128
w
o
D
PART 3
Retheorising human rights 163
7 Between the universal and the particular?
Reframing the rights versus culture debate 165
vi Contents
8 Law as tool for positive social change 176
Conclusion: Reinvigorating the radical potential
of human rights 185
Bibliography 195
Index 213
7
1
0
2
h
c
r
a
M
6
2
9
2
:
7
1
t
a

]
o
g
e
i
D
n
a
S
a,
i
n
r
o
f
i
l
a
C
f
o
y
t
i
s
r
e
v
i
n
U
[
y
b
d
e
d
a
o
l
n
w
o
D
Acknowledgements
7
1
0
2
h
c
r
a
M
This book has only been possible thanks to the input and engagement of many
6
2 people. First and foremost I would like to thank all of those who so generously
9 welcomed me, gave me their time, shared their opinions, allowed me a little insight
2
: into their lives and worlds, and facilitated my conversations with others. At the
7
1 risk of forgetting someone, I would also like to thank the following in particular:
t
] a Vasuki Jeyasankar, Jeysankar Shivanangan, Jothirajah Suman Karunenthira,
o Cayathri Divakalala, Rajany Chandrasegaram, Darshan Ambalavanar, Kaushalya
g
e Ariyaratne, Vidura Munasinghe, Gehan Gunatilleke, Waruni Chandrasena, mem-
i
D
bers of Third Eye, Vallamai and the Batticaloa Feminist Forum, Ahmet Hasoli,
n
a Driton Bajramaj, Amie Kandeh, Sian Jones, Lucy Fiske, Franklin Obeng-Odoom
S
a, and Dinesh Wadiwel. My conversations with each of you inspired and challenged
ni me. It is thanks to you that I managed to finish this book.
r
o I also want to acknowledge the endless support and encouragement of Ahmad
f
li Khavafipour. Your infinite patience and unwavering confidence in me are appre-
a
C ciated more than I can ever say.
of Finally, this book is dedicated to the two Bs in my life. To my father Balram
y Singh Grewal, who unfortunately didn’t live to see this book but who is in no
t
i
s small part responsible for making it possible. And to Bahaar Kaur Mosavi, the
r
e
v next generation of human rights activist.
i
n
U
[
y
b
d
e
d
a
o
l
n
w
o
D
7
1
0
2
h
c
r
a
M
6
2
9
2
:
7
1
t
a

]
o
g
e
i
D
n
a
S
a, This Page is Intentionally Left Blank
i
n
r
o
f
i
l
a
C
f
o
y
t
i
s
r
e
v
i
n
U
[
y
b
d
e
d
a
o
l
n
w
o
D
Introduction
7
1
0
2
h
c
r
a
M
Human rights have become a ubiquitous feature of contemporary social and
6
2 political discourse. From the high-level world of international relations, through
9 national contexts of societies emerging from authoritarianism or war, to localised
2
: communities struggling to meet basic needs, human rights play a part in framing
7
1 debates about justice, equality and the meaning of a good life. At the same time,
t
] a human rights remain highly contested: marred by the legacies of imperialism,
o continued geopolitical hierarchies, apparent selectivity, and new forms of oppres-
g
e sion and inequality created by contemporary globalised capital. Even at a local
i
D
level, the apparent ‘universality’ of human experience on which rights claims are
n
a founded often ends up juxtaposed against particular communal demands for self-
S
a, determination and fears about cultural survival.
ni So what is the future of human rights and the underlying demands for social
r
o justice that apparently animate them? And perhaps more importantly for those of
f
li us concerned with social justice, is the human rights framework one in which we
a
C should continue to invest so much time and energy? Or is it a time to search for
of new emancipatory languages and practices?
y This book is an attempt to engage with these questions through both a theo-
t
i
s retical and an empirical analysis. Starting with some of the most persistent and
r
e
v challenging debates that continue to shape our understanding of human rights,
i
n I will explore the operation of human rights in practice in three post-war sites:
U
[ Kosovo, Sierra Leone and Sri Lanka. In doing this I both test the relevance of
y
b different theoretical positions on the benefits and costs of human rights, and high-
d light potential sites, voices and actions that are often lost in (over)generalised
e
d accounts of what human rights do or do not achieve.
a
o
l
n
w
Bridging the theoretical/empirical divide
o
D
In choosing to write about these three case studies, I am seeking to move beyond
the abstract, theoretical debates that have raged – and continue to rage – within
scholarship in human rights. Not only do I believe that such debates cannot be
resolved, I also find them unhelpfully dichotomous in their articulation and too
ungrounded to tell us very much at all about whether or not human rights can in
fact be seen as a positive or negative feature of the contemporary political and
social landscape.