Terra Nullius
A blog on housing, land and property (HLP) issues related to:
-human rights law and humanitarian policy,
-transitional justice and rule of law,
-early recovery and development, and
-self-determination and minority rights.
Open and notorious since February 2010.
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Suggested citation: Author's Name, "Name of Post", TerraNullius Weblog (posted on [date]), available at [URL], accessed on [date].
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Antipodean caveat: The author does not condone imperialist land-grabbing under cover of obscure latin phrases.-
Recent Posts
- A happy ending for Eurovision?
- Breaking news – Dissident arrests, police abuse and mass evictions in downtown Malmö by Swedish Eurovision hosts
- New report analyses the rule of law in Libya (as the transitional vetting debate tests it)
- Land and Post-Conflict Peacebuilding: Customary governance, property rights, and state building in Afghanistan
- That 1990s feeling, or how conflict-related internal displacement never really went away
Recent Posts (roll over for more info)
Follow TN on Twitter…
- My last rant ever about #Eurovision and #Azerbaijan and the Council of Europe. I promise: wp.me/pNZgJ-Xb 4 days ago
- A happy ending for Eurovision? wp.me/pNZgJ-Xb 4 days ago
- Brutal police crackdown on political dissidents in #Sweden in advance of #Eurovision song contest: wp.me/pNZgJ-X0 1 week ago
- Breaking news - Dissident arrests, police abuse and mass evictions in downtown Malmö by Swedish Eurovision hosts wp.me/pNZgJ-X0 1 week ago
- New ILAC report on rule of law in #Libya: ilac.se/2013/05/09/ila… - for a take on recent vetting law developments see wp.me/pNZgJ-Ww 1 week ago
Tags
ACHPR admin Africa Azerbaijan bosnia Cambodia China Colombia development disaster durable solutions ECHR EU europe FAO forced evictions Haiti hlp housing human rights IDPs indigenous groups Kenya kosovo Kyrgyzstan land-grabbing land-rush land disputes land reform land rights Libya minorities natural resources Pinheiro Principles protracted displacement reparations restitution return self-determination Serbia shelter Sudan tenure security UN World BankCategories
Blogs I (aspire to) read
- A view from the cave
- African Arguments
- Al-Bab
- Alejandro Reyes Posada
- Blood and Milk
- CAPRi blog
- Chris Blattman blog
- East Ethnia
- ECHR Blog
- EJIL Talk!
- Florian Bieber blog
- Forced Migration Current Awareness Blog
- Fragile States Resource Center
- Greater Surbiton
- Hearabout
- Human Rights Briefs Blog
- IDMC blog
- iLawyer
- Intercross
- International Law Observer
- Justice in Conflict
- Justice Matters in Africa
- Land of the Blind
- Modern Young Ladies' Guide …
- MRG – Minorities in Focus
- Natural Justice
- NYR Blog
- NYT Borderlines
- Opinio Juris
- Peacefare.net
- PhD Studies in Human Rights
- Property Law Professor Blog (USA)
- Qunfuz
- South American Law and Policy
- Stuff Expat Aid Workers Like
- The Franco-American Flophouse
- Turtle Bay
HLP Institutions
HLP Online Books
- ACTS – From the Ground Up: Land Rights, Conflict and Peace in Sub-Saharan Africa (2005)
- Displacement Solutions – Housing, Land and Property Rights in Burma: The Current Legal Framework (2010)
- Environmental Peacebuilding, vol. 1 – High Value Natural Resources (2012)
- FICHL – Distributive Justice in Transitions (2010)
- Forum of Federations – Access to Property Rights: Integrating Indigenous communities into the Federal scheme (2010)
- ODI – Uncharted Territory: Land, Conflict and Humanitarian Action (2009)
HLP Resources
- ARD Land Tenure & Property Rights
- Brookings-Bern Project on IDPs
- CGIAR – CAPRi
- Chris Huggins – Land Research
- COHRE HLP Restitution
- Development from Disasters Network
- Displacement Solutions
- ESCR-Net
- FAO Land Tenure
- FERN
- Former ILS – now Thomson Reuters
- Geoffrey Payne – Housing and Urban Development
- Global Initiative for ESC Rights
- Global Land Tool Network
- Grain
- Haki Legal Empowerment Network
- Housing is a Human Right
- Humanitarian Reform
- IDLO Land Law
- IDMC Land, Housing and Property
- IFRC International Disaster Response
- Inclusive Development International
- Indigenous Peoples' Issues & Resources
- Inter-Agency Standing Committee
- International Accountability Project
- International Alliance of Inhabitants
- International Federation of Surveyors
- International Land Coalition
- International Network on Displacement & Resettlement
- International Work Group for Indigenous Affairs
- IOM Reparations Programmes
- Land Equity International
- Land Research Action Network
- Landesa (former RDI)
- Landpedia
- Lincoln Institute of Land Policy
- Namati
- OHCHR Right to Housing Toolkit
- One Response
- Other Worlds
- Rights and Resources Initiative
- Survival International
- Terra Institute
- The Global Urbanist
- UN Habitat GCST
- UN HABITAT Land and Housing
- UN Housing Rights Program
- UN Independent Expert on Minorities
- UN RSG on IDPs
- UN Special Rapporteur on Food
- UN Special Rapporteur on Housing
- UN SR on Indigenous Peoples
- UNDP Crisis Prevention and Recovery
- UNDP Legal Empowerment
- UNHCR Protection
- Univ. of Oxford Refugee Studies Centre
- Univ. of Wisconsin Land Tenure Center
- USAID Land Tenure Portal
- Van Vollenhoven Institute
- World Bank Justice for the Poor
- You.Me.We. Disaster Law Center
Int'l law & standards
- "Pinheiro principles" on housing and property restitution for refugees and displaced persons
- African Development Bank Involuntary Resettlement Policy
- Asian Development Bank Involuntary Resettlement Policy
- CEDAW
- CoE Framework Convention on National Minorities
- Dana Declaration on Mobile Peoples
- HLP Checklist for Humanitarian and Resident Coordinators
- IASC Framework for Durable Solutions for IDPs
- ILO Convention No. 169
- Kothari Principles on Development-Based Evictions
- Nairobi Declaration on Women's and Girls' Right to Reparations
- NYU Law School Global Legal Research Tools
- PACE Resolution 1708 (2010) – Property Issues of Displaced Persons
- Refugee Convention and Protocol
- UN Audiovisual Library of International Law
- UN Declaration on the Rights of Indigenous Peoples
- UN Declaration on the Rights of Persons Belonging to … Minorities
- UN Guiding Principles on Internal Displacement
- UN Guiding Principles on Internal Displacement – Annotations
- UNHCR Exec Comm Conclusion No. 101 (LV) – 2004 – Voluntary Repatriation
- UNHCR Exec Comm Conclusion No. 109 (LXI) – 2009 – Protracted Refugee Situations
- Van Boven/Bassiouni Principles
- World Bank Involuntary Resettlement Policy
- World Bank OP on Indigenous Peoples
My recent work
- 7th Course on the Law of Internal Dislacement
- IDMC Overview on Displacement in Serbia, Dec. 2010
- Incorporating the Guiding Principles on Internal Displacement into Domestic Law: Issues and Challenges
- Land and Natural Disasters: Guidance for Practitioners
- Post-Conflict Land Guidelines
- Post-Conflict Natural Resource Management Project
- Protecting Internally Displaced Persons: A Manual for Law and Policymakers
- Report on Solving Property Issues of Refugees and Displaced Persons, CoE PACE
- Second Expert Seminar on Protracted Internal Displacement: Is Local Integration a Solution?
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- Managing pastureland in Central Asia: the importance of locally legitimate law reform
- The Body Shop drops Colombian palm oil supplier for alleged land grabbing
- Supreme Court of Brazil to rule over Quilombo communities’ rights to land – arguments for a protective approach
- The Economist on land and natural resources in Southeast Asia
- The World Bank must stop underwriting human rights abuses in Ethiopia
- Land and Post-Conflict Peacebuilding: Customary governance, property rights, and state building in Afghanistan
- Available land? The Economist special report on global food security
- Addressing systemic obstacles to restitution in Kosovo: Legal aid as a fact finding tool
Eurovision in Baku: Should the European Broadcasting Union care about human rights?
by Rhodri C. Williams
Last week, TN reported on a wave of forced evictions of Baku residents unfortunate enough to live in the path of a grandiose development scheme meant to beautify the Azerbaijani capital for its hosting of the Eurovision song contest next May. Quite coincidentally, TN also carried an update on the progress of voluntary guidelines meant to ensure that respect for human rights standards was ingrained into the practices of even private, non-political actors. A closer look at the situation in Baku indicates that the latter story might perhaps make salutary reading for the European Broadcasting Union (EBU), which organizes the ‘non-political’ Eurovision contest.
The latest twist in the EBU’s clammy relationship with its current interlocutors in Baku comes from a recent Guardian article that begins with an airing of the debate on the merits of a boycott of this year’s Eurovision contest. The piece quotes Emin Milli, a blogger beaten and jailed in 2009 over critical YouTube videos, on the importance of the event as a chance to focus the international spotlight on Azerbaijan and its poor record in human rights and democracy. However, this courageous assertion is followed by the EBU’s rather less obviously noble views on the issue of boycott:
This is indeed a fascinating wrinkle. First and most obviously, of course, with regard to the Azerbaijani government, which, as Milli notes, has just conceded that it is not prepared to guarantee media freedom or refrain from censorship at any time other than during the scattering of days when the Eurovision contest is in full swing. How, one wonders, does this apparent policy of default media un-freedom comport with Azerbaijan’s longstanding human rights commitments as a member of the Council of Europe and a signatory to numerous UN rights treaties?
However, even more interesting is what this quote implies about the EBU’s role in affirming (or ignoring) respect for human rights. In the long quote above, the EBU spokesperson begins by denying that the song contest is political, then goes on to defend it as a means of bringing about positive political change, and then brandishes a one-week suspension of Azerbaijan’s media clampdown as an example of such positive change. Should we be impressed?
First, one might take a substantive rights approach. Is a temporary suspension of human rights violations involving censorship sufficient? The US Department of State human rights report indicates a number of other systemic issues in Azerbaijan as recently as 2010. Perhaps EBU might have flexed its muscles a bit. How about extending the one week suspension to cover torture and killing in official custody, for instance? Arbitrary arrest and detention of political activists? Restrictions on political participation and religious freedom? TN readers might suggested forced evictions as well, of course … ?
The absurdity of the situation quickly becomes evident. What would a ban on police torture be worth if it ended as soon as the disco balls came down? Is a temporary ban on media repression worth more? However, at a deeper level, the absurdity of the situation reflects a lack of engagement with what human rights actually mean. Azerbaijan has already committed itself to European institutions and its fellow UN member-states to suspend all such violations for all time. It has acceded to or ratified numerous human rights conventions and is, by all accounts, manifestly failing to comply with these commitments.
In this context, the EBU misunderstands both its role and its power. Its job is not to induce promises of good behavior from Baku. That has already been done and in a legally binding manner. The EBU is no more required to act as a judge of Baku’s compliance. Human rights NGOs, UN treaty-bodies and mechanisms and the European Court of Human Rights have done all the heavy lifting there. But in the face of such overwhelming evidence of skeletons in the closet of the next Eurovision host, the EBU should have anticipated that its ostensibly non-political role would be politicized - both by a regime craving international prestige as a substitute for clear democratic legitimacy and a population craving political rights.
As Europe expands eastward, it bears both carrots and sticks. The Eurovision contest, however silly it might appear to jaded western Europeans, is still seen as a juicy carrot in some quarters. While its administrators are not required to take over the role of wielding the stick of human rights, they should be aware that failure to ensure a minimum degree of coordination and policy coherence between these two approaches will undermine both. This is particularly evident where, as in the case of Baku’s recent evictions, violations of European human rights standards are undertaken in direct connection with hosting the Eurovision contest.
It is high time for the EBU to go beyond the mantra of being non-political and explore how it can complement, rather than contradict, the effort to build a democratic Europe founded on respect for human rights.
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Posted in Commentary
Tagged Azerbaijan, coe, EU, europe, forced evictions, human rights, voluntary standards