simon.fiala@seznam.

cz

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: childrens rights issue 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 o Childrens rights in the UN IGOs and NGOs brought the issue of child soldiers to the UN S-G Boutros Boutros-Ghali (1992 1996) appointed Graa 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 childrens 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 children, animals, disabled, refugees, migrant workers, right to political participation; right to democracy o 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

simon.fiala@seznam.cz Anti-slavery groups in the late 18th 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 The League of Nations Covenant lacking proper mention of human rights, mostly because most of the founding nations wouldnt qualify themselves Establishment of the norm that territories may not be annexed following wars, move towards emancipation of nations Study of slavery Intl Convention on the Abolition of Slavery and the Slave Trade (1926) ground-breaking, but weak in terms of enforcement 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 the faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small 457 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

simon.fiala@seznam.cz 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 47 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 Stress on collectivism, ethnic determination Asia: ASEAN Charter; ASEAN Human Rights Mechanism o 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 against strong actors Regional The European Commission on Human Rights; European Court of Human Rights (ECHR). Inter-American Commission on Human Rights; Inter-American Court on 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 Watch 3

simon.fiala@seznam.cz 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 Provide education, raise awareness, pushes HR to curricula Regional organization 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 tackle 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 Bosnia/Kosovo, Darfur, Rwanda, Somalia, DRC Ad-hoc war crimes tribunals o 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