HUMAN RIGHTS AND FOREIGN POLICY

HUMAN RIGHTS AND FOREIGN POLICY

Human Rights and Foreign Policy Principles and Practice Edited by Dilys M. Hill Reader in Politics University of Southampton Palgrave Macmillan UK

ISBN 978-1-349-09336-6 ISBN 978-1-349-09334-2 (ebook) DOI 10.1007/978-1-349-09334-2 Dilys M. Hill, 1989 Softcover reprint of the hardcover 1st edition 1989 978-0-333-43654-7 All rights reserved. For information, write: Scholarly and Reference Division, St. Martin's Press, Inc., 175 Fifth Avenue, New York, N.Y. 10010 First published in the United States of America in 1989 ISBN 978-0-312-02399-7 Library of Congress Cataloging-in-Publication Data Human rights and foreign policy. "Workshop Conference, Human Rights and Foreign Policy was held in Chamberlain Hall, UniveEity of Southampton, in March 1986, under the auspices of the Centre for International Policy Studies, Department of Politics, University of Southampton" - Preface. Includes index. 1. Human rights-congresses. 2. International relations-congresses. I. Hill, Dilys M. II. Workshop Conference, Human Rights and Foreign Policy (1986: University of Southampton) III. Centre for International Policy Studies. K3239.6 1989 342'.085 88-15860 ISBN 978-0-312-02399-7 342.285

Contents Preface Acknowledgements Workshop Participants Notes on the Contributors vii IX Xl XIV PART I INTRODUCTION Human Rights and Foreign Policy: Theoretical Foundations Dilys M. Hill 2 Human Rights and Contemporary State Practice Dilys M. Hill 3 21 PART II THE THEORY OF HUMAN RIGHTS 3 How Problematical are the Moral Foundations of Human Rights? Moorhead Wright 4 Human Rights in Foreign Policy R. J. Vincent 5 Article 1 of the Human Rights Covenants: Its Development and Current Significance Sally M orphet 45 54 67 PART III HUMAN RIGHTS IN CONTEMPORARY PRACTICE 6 The Helsinki Process and Human Rights in the USSR lain Elliot 91 7 Economic Aid as an Instrument for the Promotion of International Human Rights S. Alex Cunliffe 115 V

Vi Contents 8 Refugees and Foreign Policy Gil Loescher 9 Root Causes of Displacement: The Legal Framework for International Concern and Action Julia Hiiusermann 140 10 The Refugee Policies of West European Governments: A Human Rights Challenge at our Doorsteps Johan Cels 164 11 Current Challenges of Human Rights in Asia Vitit Muntarbhorn l31 181 Index 201

Preface The Workshop Conference: Human Rights and Foreign Policy was held in Chamberlain Hall, University of Southampton, in March 1986, under the auspices of the Centre for International Policy Studies, Department of Politics, University of Southampton, and with the support of the Nuffield Foundation. Thirty-three participants were involved. The papers covered a broad range of topics, including theoretical aspects (Moorhead Wright, 'How Problematical are the Moral Foundations of Human Rights?'; R. J. Vincent, 'Human Rights in Foreign Policy'); substantive topical issues (lain Elliot, 'The Helsinki Process and Human Rights in the USSR'; S. Alex Cunliffe, 'Economic Aid as an Instrument for the Promotion of International Human Rights'); and the international legal-political framework (Sally Morphet, 'Article 1 I of the Human Rights Covenants: Its Development and Current Significance'). There were two 'round table' panels which provided the opportunity for lively debate among academics, human rights activists, lawyers and civil servants. The first of these, on Britain and the European Commission, benefited from the direct experience of Professor Sir James Fawcett, QC (President, European Commission on Human Rights, 1972-81) and of Nicholas Bratza, QC, and from the specialist scholarship of Mr Geoffrey Marshall and Dr Ralph Beddard. The Workshop also welcomed Ms Roberta Cohen, Deputy Assistant Scretary of State for Human Rights (1980-1) in President Carter's Administration, who, together with Mr M. Bowker and Dr John Vincent, led Jed the round table on 'Detente and Human Rights'. Professor Aswini K. Ray of Jawaharlal Nehru University, New Delhi, together with members of the Department of Politics, University of Southampton and the other Workshop members discussed the challenges made by advocates of economic and social rights to 'Western' concentration on traditional political-civil rights issues. A unique feature of the Workshop was the opportunity which it afforded to bring together scholars, lawyers and activists from Britain, the USA, Europe and Asia who were working in the field of refugee studies. Here the work of Vitit Muntarbhorn, 'Current Challenges of Human Rights in Asia', of Johan Cels, 'The Refugee Policies of West European Governments: A Human Rights Challenge at our Doorsteps', of Gil Loescher, 'Refugees and Foreign Policy', and Julia Hausermann, Hiiusennann, 'Root Causes of Displacement: The Legal Framework for International vii

Preface viii Concern and Action', highlighted the primacy of this issue on the current international scene. These deliberations mark out the Workshop's innovation in emphasising that, in the 1980s, refugees and refugee flows have become a major, and urgent, element in the foreign policies of states, both North and South. The Conference was opened by guest speaker Professor Joseph Frankel who reminded participants of the continued urgency of the issue of human rights and of the deep divisions which had to be recognised between the perspectives of West and East, and the practical as well as philosophical differences which existed between political and civil rights on the one hand and the claims of social and economic rights on the other. Here the Workshop was fortunate to have among its members Ms Leah Levin, the Director of Justice, and Mr Ko Braun from Amnesty International, British Section. The Workshop provided an invaluable format through which participants from many different professional backgrounds - academics, lawyers, public servants, activists - were able to engage in frank, informal debate. My reflections on these discussions, including those of the two round tables referred to above, are published here as the two chapters of Part I and, in the spirit of the Workshop's open exchange of views and ideas, are done so on the basis of non-attribution. Part II then goes on to set out the individual papers presented at the Workshop.

Acknowledgements The Workshop was made possible by the grant of an award (,Working Parties and Specialist Conferences in the Social Sciences') from the Nuffield Foundation; I am most grateful to the Nuffield Foundation, and to its Deputy Director, Miss Pat Thomas. My thanks are also due to the University of Southampton (both to Chamberlain Hall which hosted the Workshop and to the Department of Politics for its active support). Mr Peter Wilson provided invaluable practical help with the arrangements. I am very grateful to Mrs Angela Wilkinson and Mr Darryl Howlett who processed the chapters, to Dr Ian Forbes for his technical advice, and to Dr John Simpson, Editor of the Series, for his invaluable editorial help. lowe especial thanks to Professor Joseph Frankel, our guest speaker, for the thoughtful and challenging framework he set for the Workshop. I am conscious that many busy people in public, professional and academic life gave generously of their time to take part in the Workshop and I would like to record my gratitude to all of them. As a result of the Workshop, a Study Group on Human Rights has been set up to pursue these issues on a long-term basis, under the auspices of the Centre for International Policy Studies, Department of Politics, University of Southampton. IX

Workshop Participants Dr Ralph Beddard Faculty of Law, University of Southampton Mr Michael Bowker Royal Institute of International Affairs (RIIA) (Chatham House); University of Essex Mr Nicholas Bratza, QC Mr Ko Braun Amnesty International, British Section Mr Johan Cels Refugee Studies Programme, Queen Elizabeth House, University of Oxford Ms Roberta Cohen Deputy Assistant Secretary of State for Human Rights, United States of America, 1980-1 Dr S. Alex Cunliffe Plymouth Polytechnic Department of Social and Political Studies, Dr Geoffrey Edwards School of International Relations (UK Program), University of Southern California, London Dr lain Elliot Department of Language Studies, Brighton Polytechnic Professor Sir James Fawcett, QC President, European Commission on Human Rights, 1972-81 Professor Joseph Frankel Mrs Julia Hausermann Director, Rights and Humanity Dr Dilys M. HiD Department of Politics, University of Southampton; Director, Centre for International Policy Studies (CIPS) Mr Richard Jones Foreign and Commonwealth Office Professor Roy E. Jones Faculty of Economics and Social Studies, University College of Wales, Cardiff Xl

XlI Ms Leah Levin Workshop Participants Director, Justice Mr Gil Loescher Refugee Studies Programme, Queen Elizabeth House, University of Oxford Mr Geoffrey Marshall The Queen's College, Oxford Mr Dominic McGoldrick Department of Law, Trent Polytechnic Mrs Sally Morphet Foreign and Commonwealth Office Mr Vitit Muntarbhorn Queen Elizabeth House, Oxford; and Faculty of Law; Chulalongkorn University, Bangkok, Thailand Department of Politics, University of South amp Mr Liam O'Sullivan ton Dr Barrie Paskins Department of War Studies, King's College, University of London Professor Raymond Plant Department of Politics, University of Southampton Professor Aswini K. Ray Jawaharlal Nehru University, New Dehli Dr John Simpson Department of Politics, University of Southampton; Editor, Southampton Studies in International Policy Department of History, University of South Professor Paul Smith ampton Dr Caroline Thomas Department of Politics, University of South ampton Dr Rachel Trost Faculty of Law, University of Southampton Professor John Vincent Science London School of Economics and Political Dr Rachel Walker Department of Politics, University of Southampton

Workshop Participants Xlll Mr Peter Wilson University of Southampton Dr Moorhead Wright Department ofinternational Relations, University College of Wales, Aberystwyth

Notes on the Contributors The editor Dilys M. Hill is Reader in Politics, University of Southampton, and Director of the Centre for International Policy Studies. She has held a Ford Foundation Fellowship in the USA, and a Visiting Professorship in the Faculty of Law, National University of Singapore. She is the author of a number of books and articles on urban policy and politics and is author and co-editor (with Glenn Abernathy and Phil Williams) of The Carter Years: The President and Policy Making. The other contributors Johan Cels is completing a PhD in International Relations, University of Notre Dame, USA, on European Refugee Policies. S. Alex Cunliffe is Senior Lecturer, Department of Social and Political Studies, Plymouth Polytechnic. lain Elliot is Senior Lecturer, Brighton Polytechnic, and Editor, Soviet Analyst. Julia Hiiusermann is an international human rights lawyer and Director, Rights and Humanity, an international humanitarian movement. Gil Loescher is Senior Research Fellow, Refugee Studies Programme, Queen Elizabeth House, University of Oxford and Associate Professor, Department of Government and International Studies, University of Notre Dame, USA. Sally Morphet is Head of the International and Commonwealth Section, Research Department, Foreign and Commonwealth Office. Vitit Muntarbhorn is Associate Professor of Law, Chulalongkorn University, Bangkok, Thailand. R. John Vincent is Professor of International Relations, London School of Economics and Political Science, and Editor, Review of International Studies. XIV

Notes on the Contributors xv Moorhead Wright is Senior Lecturer, Department of International Politics, University College of Wales, Aberystwyth.