Discrimination and Human Rights Human Rights Act 1993 Bill of Rights.
17DPI403 Human Rights - Harvard University Fall09/17DPI403...Human rights, justice, and ... For NGO...
Transcript of 17DPI403 Human Rights - Harvard University Fall09/17DPI403...Human rights, justice, and ... For NGO...
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Human rights, justice, and Human rights, justice, and
DPI403
rule of lawrule of law
Policy OptionsMap of Program Options
Constitutions IDEA
Human rights, justice, rule_law
Amnesty
Democratic
governance
Elections
ACE/
UNDP
IFES
Parlt, parties, women
Quotas Project
PAR, decentralization, anti‐corruption
TI
Civic society, soc cap
CIVICUS
Media freedom
CPJ
Class Structure1. What are the concepts of human rights and
human‐rights based development (HRBD)?
2. Role of the UN
3 Role of Amnesty International3. 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
Types of strategies
Capacity development
With civil
Monitoring
Elections
Brokerage
Dialogue
Legal conventions
International
Aid Conditionality
Negative
Financial
Trade
Military
Peacekeeping
Strategic options
society
With government
Elections
Human rights
Corruption
Dialogue
Diplomacy
International
Regional
Negative
Positive
sanctions
Debt relief
Force
External intervention
Pros and cons of each?
HR Resources1. www.amnesty.org
2. CIRI.binghampton.edu
3. Human Rights Watch www.hrw.org3. Human Rights Watch www.hrw.org
4. Office of the High Commissioner for Human Rights www.ohchr.org
5. www.universalhumanrightsindex.org/
1. Concepts
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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.other status.
EQUALITY: We are all equally entitled to our human rights without discrimination.
COHESION: These rights are all interrelated, interdependent and indivisible.
www.ohchr.org
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 , p p , g ,and recommendations have no binding legal effect, but they have an undeniable moral force and provide practical guidance
Core legally‐binding treaties1. Universal Declaration of Human Rights 1948 2. International Covenant on Civil and Political Rights (ICCPR) 19663. International Covenant on Economic, Social, and Cultural Rights (ICESCR) 19664. Optional Protocol to the International Covenant on Civil and Political Rights 19765. Second Optional Protocol to the International Covenant on Civil and Political
Rights 19896. International Convention on the Elimination of all Forms of Racial Discrimination
(CERD) 19667. Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) 19798. Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or
Punishment (CAT) 19849. Convention on the Rights of the Child (CRC) 198910. Convention on the Protection of All Migrant Workers and Members of their
Families 1990All UN Member States have ratified at least one core international human rights treaty, and 80 percent have ratified four or more.
Source: http://www.ohchr.org
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 respectmeans that States must refrain from interfering with or
ili h j f h i hcurtailing the enjoyment of human rights.
The obligation to protect requires States to protect individuals and groups against human
rights abuses.
The obligation to fulfillmeans 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.
HR indicators
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2. Role of the UN
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 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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HR Council MembershipIn 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 p q g g pdistribution, 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”.
HR Council MembershipAfrican 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)( ) p ( ) ( ) ( ) ( )
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)
UN effectiveness? Establishing international agreement and conventions?
Monitoring compliance and implementation? Highlighting cases of human rights abuses? Mobilizing international actions
3.Amnesty International
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 Educate and mobilize the public, and Help transform societies to create a safer, more just world.
Structure Founded in 1961 2.2+ million supporters, activists and volunteers in over 150 countries
Complete independence from government, corporate or national interests
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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 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.
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 2007 153 countries featured in Amnesty International s Report 2007
121 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
Types of HR interventions? For UN agencies and organizations? For NGO Human Rights watchdogs?
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 in the UNDP regional service centers. h h ld f h f h The report should focus on strengthening ONE of the topics in democratic governance covered in classes 13‐19 and apply these insights to provide recommendations in ONE of the countries listed below. West Africa (Dakar office): Liberia, Sierra Leone, Mali and Benin
Asia (Bangkok office): Nepal, Bhutan, Pakistan and Bangladesh
Latin America (Panama office): Venezuela, Chile, Colombia, and Bolivia
Central and Eastern Europe (Bratislava office): Russia, Belarus, Georgia, and Ukraine
Middle East (Beirut office): Iraq, Afghanistan, Morocco, and Egypt
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;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.
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Assignment #3 Identify national priorities and challenges
What are your client’s priorities? UNDP office and the national government
Check existing mission and DG programs in UNDP Country Offices
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
Principles and role of the UNDP
• National ownership (work with governments)• Multilateral cooperation, technical assistance, and aid
effectiveness (partnerships)• Capacity development for long-term sustainable humanCapacity development for long term sustainable human
development• Human-rights based development (HRBD)• Gender equality and women’s empowerment• South-south cooperation• Values derived from the Millennium Declaration
(Freedom, Equality, Solidarity, Tolerance, Respect for Nature, Shared Responsibility)
Types of programmatic areasConstitutional
reform
Civil Society State capacityInternational principles
Elections
Media
NGOs
PAR/
Anti‐corruption
Parliaments
Justice
Human rights
Gender equality
Transparency