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K & M – Chapter 10: Protecting Human Rights In: Margaret P. Karns and Karen A. Mingst (Eds.). International organizations: the politics and processes of global governance/ 2nd ed. Pp. 447 - 496.
Notes:
The idea of human rights is of a relatively new origin
Case
study: children’s rights issue
o
o
1989 – Convention of the Rights of the Child (CRC)
193 states ratified (excl. the US)
Implementation fraught with problems resuming existence of child soldiers
Children’s rights in the UN
IGOs and NGOs brought the issue of child soldiers to the UN
S-G Boutros Boutros-Ghali (1992 – 1996) appointed Graça Machel to investigate, first comprehensive study UN Special Representative for Children in Armed Conflict
NGOs such as Human Rights Watch and Amnesty International advocated and monitored ban on employing soldiers under 18 and facilitated rehabilitation
In 2000 introduction of Optional Protocol (ratified by 121 countries)
Monitoring through state-based systems – elicits information from states, enables conformity with the norm
Involvement of the ICC, African warlords wanted
Issue adopted by UNICEF, expanded its scope towards caring for children’s rights
broadly
The roots of humanitarian and human rights norms o
The idea of human rights = every person by the virtue of being human is endowed with social, civil and political rights, and must be granted freedom and dignity
o
HR concept has an expression in every religious and cultural tradition known to man, but relative importance of principles varies
o
First generation: Magna Charta 1215; The French Declaration on the Rights of Man 1789; the US Bill of Rights 1791 – essential liberal rights and freedoms
o
Second generation: Social rights, cultural rights, economic rights
o
Third generation: Specific rights
o
children, animals, disabled, refugees, migrant workers, …
right to political participation; right to democracy
Universalism/relativism?
Western/Muslim tradition – conflict in terms of relative weight of individual freedom and collective existence
Position of women?
Relativism often asserted by totalitarian governments that do not find principles of human rights convenient for their cause
Human rights institutions and mechanisms o
NGOs and movements
History 1
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th
Anti-slavery groups in the late 18 century
Red Cross 1860s
WWI, WWII – relief organizations; CARE, Oxfam
1970s: Human Rights Watch, The Mothers of the Plaza de Mayo, National Endowment for Democracy
Functions and roles: educating the public, gathering and disseminating information, doing research, drafting conventions, monitoring, naming & shaming, mobilization, operational tasks
o
The League of Nations
Covenant lacking proper mention of human rights, mostly because most of the founding nations wouldn’t qualify themselves
Establishment of the norm that territories may not be annexed following wars, move towards emancipation of nations
Study of slavery Int’l Convention on the Abolition of Slavery and the Slave Trade (1926) – ground-breaking, but weak in terms of enforcement
o
Declaration on the Rights of the Child (1926)
ILO – rights of workers, ILO later provided grounds for HR discussion within the UN
The UN
The preamble reaffirms reaffirms the “faith in i n fundamental human rights, in the dignity and
worth of the human person, in the equal rights of men and women and of nations 457
large and small”
Provisions do not define ‘human rights’ though – open to interpretation
International obligation towards human rights vs. the principle of non-interference
The Universal Declaration of Human Rights (passed by the UN GA in 1948)
ECOSOC
The commission on the Status of Women
The Sub-commission on the Protection and Promotion of Human Rights
The Commission on Human Rights (until 2006) o
Major UN hub for negotiation and drafting of human rights conventions
o
Even though largely accepted as impartial, it was often criticised for focusing on some violators while neglecting others
o
Countries with abysmal human rights record often present in the board
Human Rights Council (replaced the Commission on Human Rights in 2006)
Reports directly to the GA
47 members elected for 3 years
Responds to complaints, appoints working groups
UN HCHR (high commissioner, reports to the Secretary-general)
International advocate of human rights
Responsible for agenda-settings in the UN, promotion, coordination, distribution of information
Dependent on voluntary contribution to compile its budget
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The GA by virtue of being the central decision-making body also contributes to the HR debate (e.g. the South-African apartheid, Palestine issue, …)
Constitution of ad-hoc tribunals
Inclusion of HR concerns in peace-making efforts
The Security Council blocked from addressing HR issues, the ICJ avoids it
Processes of human rights governance – the global HR governance o
Standards and norms setting
The prominent role of NGOs
The UN – defines and elaborates what constitutes human rights
International Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political rights – Drafted in 1950s,
approved in 1966, operative since 1976
Regional HR standards
Relative importance varies
EU as the leading faction in terms of establishment of HR procedures o
European Convention on Human Right and Fundamental Freedoms
(1953, revised in 1996, ratified by all 4 7 members of Council of E.)
Inter-American HR regime - Organization of American States: Inter-American Convention on Human Rights
The African Charter on Human and Peoples Rights (1981) o
o
Stress on collectivism, ethnic determination
Asia: ASEAN Charter; ASEAN Human Rights Mechanism
Monitoring Human Rights
The UN
ILO first to establish monitoring mechanisms – set a precedent
ECOSOC – commissions appoint working groups
Various treaties assume monitoring responsibilities
HR monitoring often attached to peace-keeping missions
Increased since the 1990s, but still limited in its impact o
Impossible to enforce conformity with norms ag ainst strong actors
Regional
The European Commission on Human Rights; European Court of Human Rights (ECHR).
Inter-American Commission on Human Rights; Inter-American Court o n Human Rights – usually deals with intimidation of political opponents
NGOs
Amnesty International (1961) o
Won Nobel Peace Prize (1970)
o
Moved into cross-national issues in the 1970s
o
Focused on states such as China, the US, Russia, Indonesia
o
Funded through mass membership
Human Rights Watch (1978) o
Originally Helsinki Watch – monitoring compliance with the Helsinki accords – support of East European dissidents + Americas W atch 3
[email protected]
o
o
Supported the creation of ad-hoc tribunals within the UN
o
Relies on benefactors
International Commission of Jurists; the Lawrence Committee for HR
Promoting human rights
The UN
Promotion of democracy along with state-building assistance and peacekeeping
NGOs
Regional organization
o
Provide education, raise awareness, pushes HR to c urricula Training programs for judges, policemen, …
Enforcing human rights
National courts – e.g. Pinochet
Coercive measures
Sanctions o
ending the practice of apartheid in SA
o
but failing to tac kle the Tiananmen square massacre
UN enforcement o
Security Council may reign in when infringement of human rights is seen as a threat to international peace
o
Ad-hoc war crimes tribunals o
Bosnia/Kosovo, Darfur, Rwanda, Somalia, DRC 1990s: Yugoslavia, Rwanda, Cambodia, Sierra Leone
The ICC (the Rome statute 2002) o
Compulsory jurisdiction, jurisdiction against individual
o
Anyone can bring up a case
o
But challenged by missing states, mainly the US
Hybrid courts o
Combine national and international procedures
o
Sierra Leone, Iraq, Cambodia (Khmer Rouge)
NGOs – boycott and dissemination of information, provision of funds
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