DPI403. Human rights, justice, and rule of law

Transcription

1 DPI403 Human rights, justice, and rule of law

2 Policy Options Human rights, justice, rule_law Amnesty Map of Program Options Constitution s IDEA Media freedom CPJ Democrati c governanc e Elections ACE/ UNDP IFES Civic society, soc cap CIVICUS PAR, decentraliza tion, anticorruption TI Parlt, parties, women Quotas Project

3 Class Structure 1. What are the concepts of human rights and human rights based development (HRBD)? 2. Role of the UN 3. Role of Amnesty International 4. Assignment #3 Identifying priorities and challenges for one country Utilizing indicators/benchmarks/targets/cases Structuring policy options Planning effective implementation

4 Strategic options Types of strategies Capacity development Monitoring Brokerage Legal conventions Aid Conditionality Financial Military With civil society Elections Dialogue International Negative Trade sanctions Peacekeeping Force With government Human rights Diplomacy Regional Positive Debt relief External intervention Corruption Pros and cons of each?

5 CIRI.binghampton.edu HR Resources 3. Human Rights Watch 4. Office of the High Commissioner for Human Rights

6 1. Concepts

7 Definition UNIVERSALITY: Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. EQUALITY: We are all equally entitled to our human rights without discrimination. COHESION: These rights are all interrelated, interdependent and indivisible.

8 Types of HR instruments Covenants, statutes, protocols and conventions are legally binding for those States that ratify or accede to them. Declarations, principles, guidelines, standard rules and recommendations have no binding legal effect, but they have an undeniable moral force and provide practical guidance

9 Core legally binding treaties 1. Universal Declaration of Human Rights International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic, Social, and Cultural Rights (ICESCR) Optional Protocol to the International Covenant on Civil and Political Rights Second Optional Protocol to the International Covenant on Civil and Political Rights International Convention on the Elimination of all Forms of Racial Discrimination (CERD) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) Convention on the Rights of the Child (CRC) Convention on the Protection of All Migrant Workers and Members of their Families 1990 All UN Member States have ratified at least one core international human rights treaty, and 80 percent have ratified four or more. Source:

10 Rights holders and duty bearers Human rights entail both rights and obligations. States assume obligations and duties under international law to respect, to protect and to fulfill human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights. At the individual level, while we are entitled our human rights, we should also respect the human rights of others.

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12 HR indicators

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15 2. Role of the UN

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17 UN Roles Office of the UN High Commissioner for Human Rights Dialogue and cooperation on international agreements on normative standards and legally binding instruments Conventions, core treaties, declarations Monitor state ratification and accession Monitor legal implementation within countries Human Rights Council Established 2006 Aims to monitor implementation of treaties and major cases of HR violations in international law, develop capacity and offer technical assistance 46 members elected by the General Assembly by absolute majority (96 votes). members elected to the Council shall uphold the highest standards in the promotion and protection of human rights 13 from Africa; 13 from Asia; 6 from the Eastern Europe; 8 from Latin American and Caribbean; and 7 from the Western European and Other States. HRW: Major weaknesses in composition and record Favor cooperation over condemnation

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20 HR Council Membership In accordance with paragraph 7 of General Assembly resolution 60/251 the Council shall consist of forty seven Member States, which shall be elected directly and individually by secret ballot by the majority of the members of the General Assembly; the membership shall be based on equitable geographical distribution, and seats shall be distributed as follows among regional groups: Group of African States, thirteen; Group of Asian States, thirteen; Group of Eastern European States, six; Group of Latin American and Caribbean States, eight; and Group of Western European and other States, seven; the members of the Council shall serve for a period of three years and shall not be eligible for immediate re election after two consecutive terms.

21 HR Council Membership African States Asian States Eastern European States Latin American & Caribbean States Western European & Other States Angola (2010) Bangladesh (2009) Azerbaijan (2009) Bolivia (2010) Canada (2009) Cameroon (2009) China (2009) Bosnia and Herzegovina (2010) Brazil (2008) France (2008) Djibouti (2009) India (2010) Romania (2008) Cuba (2009) Germany (2009) Egypt (2010) Indonesia (2010) Russian Federation (2009) Guatemala (2008) Italy (2010) Gabon (2008) Japan (2008) Slovenia (2010) Mexico (2009) Netherlands (2010) Ghana (2008) Jordan (2009) Ukraine (2008) Nicaragua (2010) Switzerland (2009) Madagascar (2010) Malaysia (2009) Peru (2008) United Kingdom (2008) Mali (2008) Pakistan (2008) Uruguay (2009) Mauritius (2009) Philippines (2010) Nigeria (2009) Qatar (2010) Senegal (2009) South Korea (2008) South Africa (2010) Saudi Arabia (2009) Zambia (2008) Sri Lanka (2008)

22 UN effectiveness? Establishing international agreement and conventions? Monitoring compliance and implementation? Highlighting cases of human rights abuses? Mobilizing international actions

23 3.Amnesty International

24 Amnesty Aims Our purpose is to protect people wherever justice, freedom, truth and dignity are denied. Strategies We investigate and expose abuses, Educate and mobilize the public, and Help transform societies to create a safer, more just world. Structure Founded in million supporters, activists and volunteers in over 150 countries Complete independence from government, corporate or national interests

25 AI Issue priorities UDHR: The Universal Declaration of Human Rights Women: 15 Steps to Protect Women's Human Rights Torture: 12 point Program for the Prevention of Torture Disappearances: 14 Point Program for the Prevention of "Disappearances" Extrajudicial Executions: 14 point Program for the Prevention of Extrajudicial Executions Peacekeepers: 15 Point Program for Implementing Human Rights in International Peace keeping Operations Health Professionals: Amnesty International's Declaration on the Role of Health Professionals in the Exposure of Torture and Ill treatment Medical Investigations: Amnesty International's Principles for the Medical Investigation of Torture and Other Cruel, Inhuman or Degrading Treatment Internal Displacement: Amnesty International's guiding principles for addressing the specific needs of internally displaced persons worldwide.

26 2007 AI activities 330 Urgent Actions issued on behalf of more than 5,000 people, communities, human rights organizations and families 700 Human Rights Defenders and human rights organisations trained globally 473 briefings and reports produced 153 countries featured in Amnesty International s Report campaigning projects launched 120 visits made to 77countries and territories 57countries documented as holding prisoners of conscience or possible prisoners of conscience Source: Amnesty International

27 Types of HR interventions? For UN agencies and organizations? For NGO Human Rights watchdogs?

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29 Assignment 3 The aim of the final report is to build upon the two previous assignments by applying general insights and drilling down to specific regions, countries, and programs. You are asked to develop an integrated set of policy recommendations designed to strengthen the work of democratic governance advisors The report should focus on strengthening ONE of the topics in democratic governance covered in classes and apply these insights to provide recommendations in a few countries in your region

30 Types of programmatic areas Constitutional reform Civil Society State capacity International principles Elections PAR/ Anti corruption Human rights Media Parliaments Gender equality NGOs Justice Transparency

31 Report #3 The report should be about 2,500 3,000 words in length, in professional format. Your report should be structured with subheadings as follows. I. Executive summary of the key recommendations and the plan of your paper; II. Contents page; III. Summary of the key challenges you have selected concerning democratic governance in your selected country, comparing suitable benchmarks, indicators, and evidence from the research literature; IV. Review of the literature and evidence about the specific causes of this problem; V. Recommendation of the main policy options and strategic programmatic interventions which your client should consider; VI. Conclusions and recap. VII. Technical appendix (including longer tables, larger graphs/figures, definition of indicators and sources, and any multivariate analysis tables, if used.) VIII. Endnotes: comprehensive list of literature and references used in the report.

32 Assignment #3 Identify national priorities and challenges What are your client s priorities? Check government s stated DG reform aims and objectives Check related bilateral/ngo initiatives in the country What are the key future priorities and what could be the next steps? Utilize comparative performance indicators/ Use benchmarks/targets from the region and good practice cases Map the problem: how extensive is the challenge? What works? Related programs and interventions Acknowledge limited knowledge and recommend steps to overcome this Structure alternative policy options Move from shopping lists to analytical decision trees Think sequentially in planned steps, if then, if then Persuade your client that there are practical and credible strategies to solve their problems Plan effective and memorable presentations Less is more Make it real world and real language, not just a technical academic exercise Provide logical choices and alternatives for ministers and senior policymakers Anticipate your client s criticisms and doubts Move to action