SYLLABUS: EDS 245 HUMAN RIGHTS AND INTERNATIONAL DEVELOPMENT Bill Derman, Professor bill.derman@umb.no Telephone Office 64965309 Spring Parallel 2013 Text Books: 1. Human Rights and Development by Peter Uvin. Kumarian Press, 2004. 2. Climate Change and Future Justice: Precaution, compensation and triage by Catriona McKinnon. Routledge, 2012. 3. Required chapters and articles listed by week below Week 1. February 4-8th Introduction to International Human Rights 1. What are the origins of human rights? 2. What are the international instruments of human rights? 3. What are the relationships among national laws and international human rights? 4. The United Nations and the Universal Declaration of Human Rights 5. What is a human rights based approach to poverty? 6. What are the links between the MDGs and a human rights approach? 1. Peter Uvin Human Rights and Development, Part I., pp. 1-43 2. A Human Rights Approach to Poverty by Manfred Nowak in Human Rights in Development Yearbook 2002 edited by Martin Scheinin and Markku Suksi. Martinus Nijhoff Publishers. Week 2 February 11-15 What are the connections between Human Rights and Development? 1. How does something become a human right? Is there a right to development? [1]
Why is there such intense debate about this particular right? 2. What are the challenges to a human rights approach to development? 1. Eide, Asbjørn Economic, Social and Cultural rights as Human Rights in Economic, Social and Cultural Rights: A Textbook, second revised edition edited by Asbjørn Eide, Catarina Krause and Allan Rosas. The Hague: Martinus Nijhoff, 2001. 2. Alston, Philip, Ships Passing in the Night: The Current State of the Human Rights and Development Debate seen through the Lens of the Millennium Development Goals in Human Rights Quarterly, Volume 27 (3) 2005. 3. Sengupta, A. The Human Right to Development in Development as a Human Right edited by Bard A. Andreassen and Stephen Marks. Harvard University Press, 2007. Week 3. February 18-22 What are the links between civil and political rights (the International Covenant on Civil and Political Rights, 1966) and social and economic rights (CEDAW, CESCR?) 1. Consideration of the links between foreign policy, development assistance and human rights 2. Does conditionality work to promote democracy and human rights? 1. Chapters 3 and 4 Peter Uvin Human Rights and Development, pp.47-82 Week 4. February 25-28 Lecturer will be Dr. Kristin Sandvik, Senior Researcher, Peace Research Institute of Oslo (PRIO) With large numbers of refugees, and Internally Displaced Persons what are the human rights implications of how to deal with undocumented or illegal immigrants? What connections can and should be made with regard to human rights and migration 1. Kristin Sandvik Article on refugees on Fronter Week V. Week of March 4-8 Page 2 of 7
Discussion of the International Convention on the Elimination of All Forms of Racial Discrimination and Zimbabwe in preparation for the Film. First 30 minutes of Film 1. International Convention on the Elimination of all forms of Racial Discrimination http://www2.ohchr.org/english/bodies/cerd/ View Film Mugabe and the White African and a short test on the film. Week 6 March 11-15 Including lecture by Dr. Poul Wisborg on 'land grabbing' Tuesday March 20. Discuss Group Work 1/2 hour 1. Can the right to food be made part of national policies toward the poor? 2. How to protecting land and other resources from corporate and governmental acquisition. Readings; 1. Wenche Barthe Eide From Food Security to the Right to Food in Human rights in Development, Volume I. Evolving Issues and Emerging Applications edited by Wench Barth Eide and Uwe Kracht. Antwerp and Oxford: Intersentia, 2007, pp. 67-98 2. Flavio Luiz Schieck Valente The Human Right to Food Movement in Brazil in Food and Human rights in Development, Volume II. Evolving Issues and Emerging Applications edited by Wench Barth Eide and Uwe Kracht. Antwerp and Oxford: Intersentia, 2007, 181-214. 3. Dr. Schutter, special rapporteur on the Right to Food for the United Nations. Reports to the Committee on Economic, Social and Cultural Rights. Week 7 March 18-22 The Right to Water, Legal Pluralism and Law and Development 1. How did the right to water become a human right? 2. What are states parties obligations to provide water? 3. What are states parties obligations to provide sanitation? 1. Observations on the Intersections of Human Rights and Local Practice: A [3]
Livelihood Perspective on Water Anne Hellum and Bill Derman Law, Social Justice & Global Development Journal (LGD), 2008 http://www.go.warwick.ac.uk/elj/lgd/2008_1/derman_hellum 2. Desouza Liberal Theory, Human Rights and Water-Justice: Back to Square One? Law, Social Justice & Global Development Journal (LGD). 2008. http://www2.warwick.ac.uk/fac/soc/law/elj/lgd/2008_1/desouza/ 3. General Comment 15 of the Committee on Economic, Social and Cultural Rights the right to water. March 25-April 1 Easter\Påskedag Week 8. April 2-5 Professor Anne Hellum, Professor of Public and Environmental Law, Director of the Institute of Women s Law, University of Oslo 1. The Convention on the Elimination of All Forms of Discrimination Against Women 2. http://www.regjeringen.no/nb/dep/ud/kampanjer/refleks/innspill/menneskerettighe ter/hellum.html?id=534722 3. Sally Engle Merry. 2006. Transnational Human rights and Local Activism: Mapping the Middle in American Anthropologist; Mar 2006, pp. 38-51. Week 9 April 8-12 The United States and Human Rights and Group Meetings 1. What has been the focus of the United States on human rights? 2. How has the "war on terror" impacted upon U.S. concerns? 3. What has been the position of the U.S. on a variety of socio-economic human rights? Group meetings to plan for presentations Week 10. April 15-19 Corruption and Conditionalities Lectures by Professor Odd-Helge Fjellstad, University of Bergen and CMI. Week 11 April 22-26 Climate Change and Human Rights 1. What are the implications of climate change and other environmental processes for human rights? 2. What are the current debates around the right to a healthy environment? 3. What are the ethical issues surrounding climate change 1. Climate change and Future Justice: Precaution, compensation and triage by Catriona McKnnon (a required book). Page 4 of 7
Week 12 April 20-May 4 Human Rights, Environment and Climate Change: What are the implications of climate change and other environmental processes for human rights? What are the current debates around the right to a healthy environment? Introduction to Human Rights and Climate Change by Stephen Humphreys.pdf Rethinking Human Rights climate change by Sam Edelman.pdf Week 13 May 6-11. There is no Class on May 9 Presentation of Group Projects on Human Rights The group project is to examine one human right and how it is has been included as part of a national development strategy in one nation. Alternatively, it could be looking at one institution which engages in development assistance and how it regards human rights. This could be, for example, the World Bank, or it could be Norway. Examples: Right to food, right to work in India, Right to water in South Africa, right to housing, right to education in a country of your choice. Or, it could be on the work of the Committee to implement CEDAW or CESCR of the United Nations, or the special rapporteurs on water, food, etc. There will be both an oral and a written component. May 13-28. Examination Period for Spring Parallel I will inform you for time and place for the examination when it is posted. COURSE REQUIREMENTS: Text Books: 1. Human Rights and Development by Peter Uvin. Kumarian Press, 2004. 2. Human Rights: Social Justice in the Age of the Market by Koen de Feyter. ZED Books, 2005 3. Required readings are list on a week to week basis [5]
Course Description: Human Rights and Development Course responsible William Derman NO Number of credits allocated 10.0 Language English Semester/trimester 1. To give an overview and academic understanding of major theories in international human rights and to enable course participants to critically discuss and use these theories and concepts in development policy in their social, economic and environmental context. 2. To develop skills in: working interdisciplinary teams; searching, managing and sharing information; presenting and debating themes in human rights policy; writing as a means of learning, reflection and communication. 3. To develop awareness of values and normative approaches in development including the tensions and contradictions in human rights-based approaches to development theory, policy and practice. Type of course There will be an approximate total of 22 hours of lectures. In addition, there will be 12 hours group seminars. This is subject to variation, for example when guest lectures or other special events take place. Participants are expected to spend additional time on group work and self-directed study. Class ordinarily meets on Wednesday and Thursdays. Classes will be scheduled on Tuesdays if and when needed. It can be used for preparation of class presentations. Compulsory educational activities The assessment will be: 1. An article or film review on a human rights issue. Exam #1 10% of grade 2. Group Project: exam one human right and how it is has been included as part of national development, or institution (United Nations, World Bank, etc). 25% of grade Exam S Assessment methods Written examination based upon course lectures and readings. 65% of grade Grading A-F Teaching methods The course employs a problem-oriented approach to development policy. Learning builds on active participation and interaction between course participants and teachers to enable sharing of diverse experiences and academic insights. Major learning methods are (i) lectures, (ii) assisted information search and management, (iii) self-directed work and individual writing, (iv) group work, (v) presentations and discussion in class. Examiner External examiner will do up to 50. If there are more than 50 we will do a selection. Course contents Human rights has become increasingly important and an important ethical and practical approach to development theory, policy and practice. In adding economic and social rights to civil and political rights, human rights law makes development central to the realization of virtually all human rights. This course considers the range of economic, social and cultural rights in light of how, if implemented, it can augment or alter paths to social and economic development and equality. The class will consider among others the right to food, to water, to health, to property, to work, to a clean environment, to gender equality, et al. States' (and other international institutions) practices will be examined in light of how they fulfil their obligations under the range of human rights principles and laws. With the tremendous Page 6 of 7
growth of international business, investment agreements and trade, the class will consider the possibilities and effects existing human rights law might have upon international business practices. Throughout the course critiques of human rights approaches will be covered, especially those which focus on their western biases, their ineffectiveness, or their costs. The aim is to support students in their understanding of human rights law, its uses, its limits and how it can be used to support development. [7]