Chapter 10: Human Rights
Case Study: Child Soldier
- 300,000 child soldiers around the world
- Child soldiers:
- Carry guns
- Serve as human mine detectors
- Participate in suicide missions
- Carry supplies
- Act as spies and messengers
- Provide sexual services
- They used child soldiers because child follow orders and are willing to undertake dangerous missions
- 1993 World Conference on Human Rights
- 1997 Special Representatives for Children and Armed Conflict
- Amnesty International & Human Right Watch => Straight 18 Principle
- 2000 Optional Protocol to Convention on the rights of child on the involvement of children in Armed conflicts
- ILO convention
- 1990 Convention on the right of Child (CRC) : US and Somalia did not ratify
1. The roots of human rights norms
Events that pushed the human rights movement
- The Holocaust
- Soviet Union & Eastern European human rights violations
- Chile’s “disappearances”
- South Africa’s racist policy of apartheid
- Dissolution of the Soviet Union and communism
- Liberalization and globalization eroded absolute state sovereignty → international accountability of how states treat their citizens
1.1. Human Rights in Religion
Most of today’s religions praise people’s responsibility to their fellow humans
- human rights ideas developed spread apart from one another without influence on each other
- Different visionaries from different cultures
1.2. Philosophers and Political Theorists
1 Generation of Human Rights
no individual should be ‘deprived of life, liberty, or property, without due process of law.’
Protection of political and civil rights
- free speech
- free assembly
- free press
- freedom of religion
2 Generation of Human Rights
Includes rights to
- education
- healthcare
- social security
- housing
3 Generation of Human Rights
Focus on human rights for specific groups
- Children
- Indigenous people
- women, migrant workers
- the disables
- refugees
- democratic governance as a basic human rights?
1.3. Debate over Universalism or Cultural Relativism
Islamist question issues of rights between
- Muslims VS non-Muslims
- Men VS Women
Is the definition of human rights different according to religion & culture?
1997 study by Amatya Sen, found no “grand dichotomy” in the definition of human rights between religious traditions in Asian culture.
However, he noted “detailed and credible knowledge of local culture is essential for effective promotion and protection of human rights in any society”
Universalism VS Cultural Relativism also involves politics of super powers
- Soviet: concerned about human rights interventionists in their domestic affairs
- Western: actively promote political change for human rights
2. Human right institutions and mechanisms
IGO & NGO create norms, institutions, mechanism, and activities to push that certain rights are universal
Human rights NGOs and individuals persuaded governments to adopt human rights norms
2. NGOs in human rights movement
2.1. Historical events:
- Late 18 century: abolitionists promoted ending slave trade in US, UK, France
- Post-war NGOs
- 1860s - Red Cross: protect wounded soldiers, poisoners of war, civilians during & after war
- WWII - Catholic Relief Services: emergency aid to refuges
- New generation of human rights NGOs: because covenant signed to Eastern Europe and publicize of Latin America human rights abuses
- Human Rights Watch
- the Mothers of the plaza de Mayo
- National Endowment for Democracy
- New generation of human rights NGOs:
- after Cold War
- rise of democratic states
2.2. NGO Functions
Worked alone or with IGOs in international human rights regime
- educating the public
- providing information and expertise in drafting human rights conventions
- monitoring violations
- naming and shaming violators
- implementing human rights norms
- mobilizing public support and publicity campaigns within countries for changes in national policies
- Relief aid to human rights abuse victims
They also organize transnational campaigns
- Using new communication tools
3. The League of Nations in human rights movement
- LoN covenant lack human rights mentions
- US Blocked Japan’s proposed statement on human rights and racial equality
- US feared ethnic revolution in it’s own country if the statement passes
- US didn’t join ICC, because it has many international conflicts
3.1. Mandates Commission
The Mandates Commission protect minorities and dependent peoples in colonies held by the defeated powers of WWI. (created by LoN)
- WWI winners were responsible for dependent states
- the mandate system was a success:
- grew sentiment that territories were not to be annexed following wars
- Final goal is self-determination
3.2. LoN’s Minority Treaty
Peace settlement countries & remnant of defeated countries must
- Assure full and complete protection to all their inhabitants without distinction of birth, nationality, language, race, or religion
Minority rights were a major agenda item for the LoN
→ created significant precedents for increased international protection of human rights
3.3. LoN’s Human Rights Activities
- Conducted a study of slavery
- Temporary Slavery Commission: discussions covered slavery in all forms but weak in enforcement
- serfdom
- forced marriage
- child labor
- debt bondage
- native labor
- Established first organization dedicated to refugee relief with established principles on issues of
- Women’s and children’s rights
- right to a minimum level of health
4. United Nations
- Franklin Roosevelt: Four Freedom Speech (1941) => UN Charter
- Many mentions of human rights
- 1948 UDHR
- 1946 and 1947:
- Commission on Humn Rights
- Commission on the Status of Women
- Sub-commission on the Prevention of discrimination an protection of Minorities
- High commissioner for Human rights
- Commission on human rights
- Draft and negotiate the major documents
- 53 member states
5. Processes of human rights governance
5.1. Setting human rights standards and norms
Define what is ‘right’ or ‘wrong’ before it’s enforceable/punishable
- NGOs and the anti-slavery movement:
- Anti-slavery International
- Key roles of UN and treaty making: standard for human rights norm set by the UN
- Universal Declaration of Human Rights:
- Convention on the Prevention and Punishment of the Crime of Genocide
- ICCPR
- ICESCR
- Convention on the Elimination of discrimination against women
- Regional human rights standards: different regions require different human rights articles
- 1961 European Social Charter
- 1953 European Convention on human rights and fundamental freedom
- Inter-American Convention on Human rights
- African Charter on Human and People’s rights
- Three generations of human right standards
- 1st generation: political and civil rights
- 2nd generation: economic and social rights
- 3rd generation: right of certain groups (indigenous people, women, children)
5.2. Monitoring human rights
Monitor states if they keep committed to their promises non-states are more active than states.
-
Receive complaint of violation from affected individuals or interest groups and reports of state practice
-
ILO is the oldest UN agencies and the first international organization to establish procedures for monitoring human rights within states
-
UN approach:
- Commission on human right
- Six committees of independent experts to review reports: human right committee is the most prominent one (ICCPR)
-
European and other regional experience with monitoring
- European has the effective machinery for human right monitoring
- European commission of human rights
- European court of human rights
-
NGO monitoring: AI and HRW
Amnesty International:
- Created in 1961
- Most effective human right NGO because relying on accurate research and modest contributions, utilizing publicity and associated threats
- AI lobbies for better prison conditions, publicized abuses in the respective judicial system, and they kept issues in the international public eye
Important area of focus of AI are:
- Prisoners of conscience
- Concern for fair and prompt trials
- Abolition of death penalty
- Torture and inhumane treatment of prisoners
- Disappearances
Human Rights Watch
- Created in 1978
- Highly effective organization
- Basket III of Accords: respect for human rights and fundamental freedoms, including freedom of thought, conscience, religion, or belief
- HRW depends on large foundation contribution, unlike AI which relies on membership
- Mandate: civil and political rights
- On-site investigation is the main focus of HRW
5.3. Promoting human rights
UN role
- 1993 office of the high commissioner for Human right (UNHCHR): to centralize responsibilities and a provide a visible international spokesperson for human rights
NGO role
- Active in providing education on human rights in Cambodia, Central America, Kosovo, and Afghanistan
- Unrepresented Nations and People organization (UNPO): provide training in international and human rights law
- Cultural survival: work with teachers and students to raise awareness about indigenous people, ethnic minorities , and human rights
Regional organizations role
- promotional and educational activities to promote human rights in States
5.4. Enforcing human rights
The most problematic since compliance is not easily enforced
Two types of enforcement
- Punish individuals through (ICC) rather than states through (ICJ)
- Humanitarian intervention: using force and war to eliminate violations of human rights
5.4.1. States and enforcement:
- National court is one mean for dealing with human right violations (individuals)
- For governmental level, coercive measures may be undertaken against other states for human right abuses
- Apartheid => international sanctions; Tiananmen Square => arms embargo and cancel new foreign aid and high level talks
5.4.2. UN enforcement:
- Chapter VII of UN Charter
- Economic sanction => Use of force
- Material and economic aid to victims to alleviate the suffering from sanctions
- Humanitarian intervention (not always successful)
5.4.3. Regional enforcement:
- European & Latin America
6. Global human rights governance in action
6.1. Genocide and ethnic cleansing
- WWII => international recognition genocide as international crimes
- 1944 Raphael Lemkin: Father of Genocide
- 1948 Genocide Convention
- Yugoslavia war => ethnic cleansing
6.2. Violence against women
- Violence against women include:
- Forced marriage at a young age
- Physical abuses by spouses, including disfigurement and rape
- Crippling dowry payments
- Female genital mutilation
- Honor killings
- First tribunal that prosecute rape as systematic instrument for ethnic cleansing is ICTY
- International Tribunal on Crimes against women (1976)
- CEDAW (1979)
- Violence against women and other abuses in war, peace, domestic family life (sexual harassment) => violate human rights and humanitarian norms
- Declaration on the elimination of violence against women