Myanmar’s Coup: Unearthing its Constitutional Roots

Myanmar’s Coup: Unearthing its Constitutional Roots

By guest contributors Namrata Rawat* and Rishav Devrani.* February 1, 2021, the world witnessed Myanmar succumbing to a military coup after a 5-year run of a democratically elected government. The coup happened on account of alleged fraud in the 2020 elections wherein the National League for Democracy (NLD) Party, headed by Aung San Suu Kyi saw a landslide victory with 83% votes in its favour. Myanmar, currently under a year-long state of emergency, would be under military rule. The coup d’état has been condemned by countries and international organisations across the globe, who have called it a serious blow to democratic reforms. However, this state of events is not unprecedented, a similar narrative presided over the 1990 election as well. The imposed state of emergency is provided for under Section 417 of the Constitution of Myanmar. It becomes pertinent to discuss this as a military rule can have unavoidable violations of human rights across the country. In this article, the authors...
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Understanding the LGBT Rights Movement in Indonesia

Understanding the LGBT Rights Movement in Indonesia

By guest contributors Harsh Mahaseth* and Ishita Goel*   Although homosexuality is legal in most parts of Indonesia, it is widely believed that the unitary state of the Republic of Indonesia is anti-lesbian, gay, bisexual, and transgender (LGBT), with government officials making the four-letter acronym a toxic symbol. In November, Indonesian police arrested Millen Cyrus, a trans-woman Instagram influencer, for alleged drug possession. Police placed her in a male detention cell at the Tanjung Priok Port Police Station, a move that received criticism from Indonesians and the international community. Millen Cyrus was arrested on November 22, 2020, after police raided her hotel room and discovered 0.36 grams of crystal methamphetamine in her possession. Police revealed later that Cyrus had been placed in a male detention cell because her I.D card identified her as a male. She was moved to a special cell following public outrage, not because police realised their mistake. They removed her from the male detention cell in order to “stifle anger,”...
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The State vs. The People: The Indian Government’s War Against Farmers and Dissent

The State vs. The People: The Indian Government’s War Against Farmers and Dissent

By guest contributors Saba Kohli Dave* and Namrata.*   In the wake of the historic farmer’s protests in India, on February 8th, India’s Prime Minister Narendra Modi, hailing from the country’s contentious Hindu nationalist Bharatiya Janta Party (BJP), compared protestors to parasites in Parliament. This politically motivated comparison comes as no surprise as there has been a steady state-led crackdown on those asserting civil rights and liberties through protest. However, the state made a miscalculation when it promulgated three agriculture-related ordinances in June 2020, which were passed in Parliament under controversial circumstances in September 2020. Since November, farmers across India have been the major voices of dissent, outraged at laws that were passed without their consultation. Why are the farmers protesting? The 3 farm laws were passed blurring legal and constitutional lines. The bills were arrived at without pre-legislative consultation, tabled without scrutiny, and passed through a dubious “voice vote.” They have been perceived by a majority of farmers as the government abrogating its...
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The Will To Work: Women’s Labor Amid COVID-19 Pandemic

The Will To Work: Women’s Labor Amid COVID-19 Pandemic

By Kelly Dudine, a staff writer at RightsViews and a graduate student in the Human Rights MA Program   Globally, girls and women are simultaneously among the most overworked and most impoverished populations. Entire economies thrive due to the unrecognized and undervalued labor of women, including household work, care work, and informal and low-wage labor.  During the continuation of the COVID-19 pandemic, girls and women stand to lose even more. Women in varying levels of employment are now struggling to maintain dignified work, and many fear the loss of income more than the pandemic itself. “During the first lockdown, all the artisans were tense about not having enough orders to work and feared not getting paid,” said Rosna Kafle, Chair of the Kopila Valley Women’s Cooperative in Surkhet, Nepal.  The Cooperative employs some of the most vulnerable women in the community with work as tailors and weavers. Before the Cooperative, many of the artisans were unemployed, or performed hazardous work, like breaking stones or...
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National Security Versus the Rights of Conscientious Objectors

National Security Versus the Rights of Conscientious Objectors

By Donggeun Lee, RightsViews Staff Writer and a junior majoring in Human Rights. When one serves their nation against their will, who would be responsible for the trauma that they might receive? Some might join the military to avoid social pressure or jail, believing that military service will not be too bad. The problem is that it could be. Surely, hazing in the military is one source of trauma, but there are more. The trauma that roots in the memory of those serving the nation. Throughout history, the military forces, at times, were used in crimes, such as genocide. Not only the Nazi-led holocaust, but also the Armenian Genocide, Irish Genocide, and even the Turkish army invading the Kurdish region in 2019 were all done by use of military forces. Those who serve the nation believing that they were protecting national security may later find out that they were actually involved in mass-killing with no moral reasons. They could have tremendous...
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The Scope of Justice: Comparing Two Distant Criminal Justice Systems

The Scope of Justice: Comparing Two Distant Criminal Justice Systems

By Donggeun Lee, RightsViews Staff Writer and a second-semester junior majoring in Human Rights. “Comparison is in many ways a useful mirror into which we look, and by looking we notice things about ourselves and our own country and our systems that sometimes might please us [and] that sometimes might give us pause and even cause us disappointment and dismay.” - Professor David T. Johnson On October 12th, the Columbia Law School hosted an event entitled “Criminal Justice in Japan - A Comparative Perspective” addressing the question of what we can learn from differences between criminal justice in Japan and the United States. The event was moderated by the executive director of the Center for Japanese Legal Studies, Nobuhisa Ishizuka, and featured two speakers: David T. Johnson, a professor at the University of Hawaii, and Kiyo A. Matsumoto, a United States District Judge at the Eastern District of New York.  Differences between Japan and the United States According to Franklin E. Zimring, the author...
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Suffering , Grievability and Covid-19 – An Indian Nightmare

Suffering , Grievability and Covid-19 – An Indian Nightmare

By Guest Contributor Yash Karunakaran. Yash is an alumnus of the University of Illinois at Urbana Champaign College of Law and the National Academy of Legal Studies and Research (NALSAR). He is currently an advocate practicing before the Supreme Court of India and the Delhi High Court. He is also involved with a civil society organization that helped arrange for travel, food and medicine for migrant workers stuck as a result of the Covid-19 lockdown in India. This organization has filed Petitions before various Courts challenging state restrictions placed on the return of migrant workers. The primary weapon used to counter epidemic outbreaks within the Indian subcontinent has, for the past 123 years, remained the 1897 Epidemics Act. The legislation grants special powers to State Governments, allowing them to make their own regulations to counter the spread of disease. This piece analyses the colonial history of the Indian response to epidemics, highlighting how it colours the manner in which the Indian...
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Turkey’s Alarming Regional Intervention Continues to Affect Minority Communities with Impunity, This Time in Azerbaijan

Turkey’s Alarming Regional Intervention Continues to Affect Minority Communities with Impunity, This Time in Azerbaijan

By Guest Contributors Anoush Baghdassarian and Sherin Zadah Tucked away into the southern caucasus is a region struggling for survival, not against COVID-19, but against yet another offensive by Turkey, this time in Azerbaijan, targeting the region's minority populations.   On Sept. 27, 2020, a war broke out in the Republic of Artsakh, also known as the Nagorno-Karabakh Republic (NKR). The conflict is mainly between Armenia, the ethnic Armenians of NKR, and Azerbaijan, but Turkey is also a player in the conflict; it has pledged support for Azerbaijan, closing its border with Armenia and reaffirming Azerbaijan’s claims to territorial integrity.  Amid the current crisis, Turkish President Recep Tayyip Erdogan pledged to “support our Azerbaijani brothers with all our means as always,” including military assistance. This manifested into a coordinated premeditated attack against one of its historic minority communities — the Armenians. This follows shortly after Turkey’s crimes against the Kurds, another one of its repeatedly persecuted ethnic groups. Turkey launched a targeted military campaign...
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Indigenous Environmental Justice: A Need for Substantial Recognition of Indigenous Voices

Indigenous Environmental Justice: A Need for Substantial Recognition of Indigenous Voices

 By Guest Contributor Sakshi Aravind, a PhD student at the University of Cambridge. She works on Indigenous environmental justice in Australia, Brazil, and Canada.  In the last week of May, the mining colossus Rio Tinto blasted the 46,000 years old Juukan Gorge rock shelters in Western Australia (WA) during its operations in Brockman 4 mines. The caves were of profound cultural and spiritual significance to the traditional owners, the Indigenous Puutu Kunti Kurrama (PKK) peoples, while also carrying immense historical and archaeological value. Rio Tinto had obtained ministerial consent from the state Minister for Aboriginal Affairs to carry out the blasts under Section 18 of the obsolete WA Aboriginal Heritage Act, 1972 ('Heritage Act'). In response, the destruction of these culturally significant sites evoked shock and anger around the world. There were calls for addressing the deficiencies in the law, which does not make provisions for consultation with traditional owners or review of the ministerial consent in light of subsequent discoveries. Following this...
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Stranded in Near Statelessness: The Coronavirus and Nepali Migrant Workers

Stranded in Near Statelessness: The Coronavirus and Nepali Migrant Workers

By Kelly Dudine, staff writer for RightsViews  Men, women and children spend days in an open field, hungry, thirsty, exhausted, and abandoned. Unable to stay in India due to job loss following the Coronavirus pandemic, and prevented from traveling back to their homes in Nepal amid fears of spreading the virus, these Nepali migrant workers and their families are stranded at the Nepal-India border in a form of temporary statelessness. “How many days can children go without food or water? How many days? This is a human rights violation,” says Maggie Doyne, Co-Founder of the BlinkNow Foundation. The non-profit is among many local and international organizations responding to the growing humanitarian crisis in Nepal, including the Nepalgunj Medical College, ODA Foundation, Mottey Gang, Nepal Red Cross, and NYEF - Kathmandu Chapter, among others.  Stepping in where the State is failing to meet the needs of its people, relief efforts are establishing food distribution banks and providing essential care services to thousands of returning migrant...
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