This thesis features a case study which examines the explanatory capabilities of Regilme’s theory of Interest Convergence over the human rights situation in post-9/11 Kenya. The Thesis undertakes...Show moreThis thesis features a case study which examines the explanatory capabilities of Regilme’s theory of Interest Convergence over the human rights situation in post-9/11 Kenya. The Thesis undertakes research into Kenya’s history as a recipient of foreign aid and an abuser of human rights. By examining the different independent variables which make up the Interest Convergence theory this study has found that the theory almost perfectly describes the mechanisms in which the donor-recipient dynamic between Kenya and donor states, and the enduring domestic condition of impunity and weak governmental legitimacy, led to a worsening of physical integrity rights for a significant segment of Kenya’s population. This adds reinforcement to Regilme’s own case studies of South-East Asia where the theory showed explanatory power. This thesis thus concludes that the processes described by the Interest Convergence theory have strong explanatory capabilities over the process in which physical integrity outcomes resulted from the reception of foreign counterterrorism aid in post-9/11 Kenya.Show less
Bachelor thesis | Liberal Arts and Sciences: Global Challenges (LUC) (BA/BSc)
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On 16 November 2012, the United States passed the Sergei Magnitsky Rule of Law Accountability Act of 2012, followed by the Global Magnitsky Human Rights Accountability Act in 2016. This act allows...Show moreOn 16 November 2012, the United States passed the Sergei Magnitsky Rule of Law Accountability Act of 2012, followed by the Global Magnitsky Human Rights Accountability Act in 2016. This act allows the US to employ targeted sanctions against individuals and entities responsible for human rights abuses and corruption. The European Union created a similar regime, the EU Global Human Rights Sanctions Regime, in 2020, which also targets individuals and entities responsible for human rights abuses but does not target those accused of corruption. While targeted sanctions avoid collateral damage to entire countries, they often lack safeguards for the listed individuals. This study is a comparative, doctrinal analysis that looks at the effectiveness of the due process mechanisms in the US Global Magnitsky Human Rights Accountability Act and the EU Global Human Rights Sanctions Regime. Both of the sanction regimes have several due process mechanisms in place which protect the rights of individuals yet in some areas, such as specific delisting criteria, they are lacking. In general, the EU regime has more effective due process mechanisms than the US act, though even the EU regime is still not perfect.Show less
This thesis attempts to investigate the extent to which the debate about the indivisibility principle has translated into in tandem state respect for Civil and Political rights and Social and...Show moreThis thesis attempts to investigate the extent to which the debate about the indivisibility principle has translated into in tandem state respect for Civil and Political rights and Social and Economic rights. Adapting and expanding on the ideas and methods proposed by Minkler and others, and building on the work of the CIRI data project and the SERF initiative, an empirical method is provided for the assessment of states’ de facto adhesion to the principle of indivisibility, which is enshrined in Human Rights law. Both global and country-specific longitudinal profiles of human rights respect are provided. The indivisibility thesis is tested via a series of numerical techniques. Furthermore, an empirical investigation is carried out to examine the extent to which human rights are in practice interdependent. In doing so, a bird’s-eye view analysis of states’ respect for human rights is provided. Results show that states’ practices in terms of upholding civil and political rights and fulfilling economic and social rights are neither frequently exercised, nor reveal any sort of dependence or reinforcing characteristic. In addition, although civil and political liberties are especially vulnerable, states that prioritized these rights seem just as concerned in fulfilling economic and social rights, whereas the opposite does not hold true. Finally, the pertinence and applications of the proposed methods and findings are discussed.Show less
