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Child Rights UNDERSTANDING MANUAL ON HUMAN RIGHTS EDUCATION

Human Rights Religious Freedoms Freedom Prohibition of Torture The Human Security Network is an inter- The Manual has been elaborated on the The European Training and Research of Women of Expression regional grouping of countries including initiative of the Austrian Minister for Foreign Centre for Human Rights and Democracy continued collaboration with academic Affairs, Ms. Benita Ferrero-Waldner, in her (ETC) has been established in Graz in the research institutions. Its policy vision is a capacity as Chair of the Human Security year 2000 as a competence centre for human human world where people can live in Network (HSN) in 2002/2003 by the rights education and learning as well as security and dignity, free from violent European Training and Research Centre for research with strong support from the city of threats, poverty and despair. Emerging from Human Rights and Democracy (ETC) in Graz, Graz, the first Human Rights City in Europe. Human Rights in the landmines campaign the Network was Austria, in collaboration with HSN Partners, Democracy Freedom from Poverty Fair Trial launched in 1999. over thirty institutions and experts. The ETC coordinates the participation of the Armed Conflict University of Graz in the European Master Members of the Human Security Network The Manual is intended as a concrete Programs in Human Rights and Demo- are: Austria, Canada, Chile, Greece, Ireland, contribution to strengthening human security cratisation in Venice and and is the Jordan, Mali, the Netherlands, Norway, through human rights education and European partner of the Peoples’ Movement Switzerland, Slovenia, Thailand and South learning. It reflects a culture-sensitive for Human Rights Education (PDHRE). The Africa as an observer. approach based on the universality of human ETC has helped creating a network of human rights. rights centres in South-Eastern Europe (HRC- Freedom of the Media Human Security Development Right to Education The Austrian Minister for Foreign Affairs, Ms. Net). Benita Ferrero-Waldner, in her capacity as The Manual addresses itself to human rights Chair of the Human Security Network has educators and learners worldwide and In its training and research activities it is made Human Rights Education and Children should serve for human rights trainers in supported by an international advisory Affected by Armed Conflict priority themes of formal as well as non-formal education. It board. A particular focus of its training and the Network in 2002/2003. contains a variety of pedagogical materials to research programs is the relationship be used in human rights education of either between human rights, human security and

This Manual, an innovative tool for Human youth or adults. It is designed in an open- human development, non-discrimination, HUMAN RIGHTS UNDERSTANDING Rights Education for global use in a culture- ended way to be completed by trainers and migration, democracy and human rights at Human Dignity Non-Discrimination Right to Health Social Rights sensitive manner, is available on the Internet: learners on the basis or their own the local level. http://www.bmaa.gv.at experiences. For more information see: http://www.etc-graz.at

Rule of Law Work ICCPR UNDERSTANDING HUMAN RIGHTS

MANUAL ON HUMAN RIGHTS EDUCATION A contribution of the Human Security Network on the initiative of the Austrian Minister for Foreign Affairs, Ms. Benita Ferrero-Waldner, in her capacity as Chair of the Human Security Network

Editors: Wolfgang Benedek and Minna Nikolova, ETC Impressum Published by the Federal Ministry for Foreign © 2003, European Training and Research Affairs of Austria in Cooperation with the Centre for Human Rights and Democracy Production: ETC. (ETC), Graz MANZ CROSSMEDIA, 1051 Vienna, Austria PREFACE

Human security is „people-centred“ – it takes The Manual builds on the Declaration on individuals and their communities as its Principles of Human Rights Education and principal point of reference. Establishing a Human Security endorsed by Ministers of the global political culture based on human Network at their Meeting in May 2003 in rights for everyone is an indispensable Graz, the first Human Rights City of Europe. requirement for advancing human security. It is intended to be a lasting contribution of the Human Security Network under the Human security requires a genuine under- Austrian presidency to benefit the human standing of human rights. That is why in my security of people today and in the future. capacity as Chair of the Human Security Network I designated Human Rights Edu- I trust that this Manual will assist Human cation along with Children Affected by Rights Education efforts of all Network Armed Conflict as priority themes for the Partners and worldwide, assist the United Human Security Network in 2002/2003. Nations High Commissioner for Human Rights in fulfilling his mandate and shall also Human Rights Education, through its know- contribute and inspire further action beyond ledge transfer, skills-building and attitude- the United Nations Decade for Human Rights shaping dimensions raises awareness of our Education. common basis for the protection of human dignity and of human security. To this end, I commissioned the European Training and Research Centre for Human Rights and Democracy in Graz to develop a Manual for Understanding Human Rights with the Dr. Benita Ferrero-Waldner assistance of over thirty international experts Austrian Minister for Foreign Affairs including institutions of Human Security Net- work Partners, spanning over five continents. Graz, 5th Ministerial Meeting of the Human It is destined for global use through a culture- Security Network sensitive perspective based on the uni- versality of human rights. 9 May 2003 ACKNOWLEDGEMENTS

Entrusted by the Austrian Ministry for Rule of Law and Fair Trial: Leo Zwaak and We express special thanks to the PDHRE Foreign Affairs, ETC-Graz started the process Hatice Senem Ozyavuz, SIM-Utrecht; Angelika network for its substantive contribution to of elaboration of the Manual “Understanding Kleewein and Catrin Pekari, ETC-Graz the elaboration of the Manual. Human Rights” in August 2002 by developing Religious Freedoms: Verena Lahousen, ETC We extend our most sincere gratitude to the its concept and inviting partners from the Right to Education: Petra Sulovska, ETC-Graz following experts, advisers, friends and Human Security Network and beyond to Human Rights of the Child: Helmut Sax, BIM- institutions for their continuous support, contribute to its completion at the occasion Vienna valuable comments and suggestions for of the HSN Ministerial Meeting on 8-10 May, Human Rights in Armed Conflict: Alexandra accomplishing the manual: 2003 in Graz. In the process of two expert Boivin and Antoine A. Bouvier, ICRC Shulamith Koenig – People’s Movement for meetings, hosted by the Austrian Foreign Work: Angelika Kleewein, ETC-Graz Human Rights Education (PDHRE) – New Ministry, a large number of human rights Freedom of Expression and Freedom of the York, Adama Samassekou and the team of education experts and practitioners from the Media: Wolfgang Benedek, University of Graz PDHRE – Mali, Renate Kicker – University of Human Security Network member states and ETC-Graz Graz, Manuela Rusz and the team of the have been invited to contribute to this truly Democracy: Satya Das, John Humphrey Institute of and Inter- inter-cultural, inter-generational and pionee- Center for Peace and Human Rights, national Relations of the University of Graz, ring human rights education endeavour. Edmonton, Canada, and Christoph Weritsch, Anton Kok – Human Rights Center of the The Manual “Understanding Human Rights” Angelika Kleewein, Minna Nikolova and University of Pretoria, Yannis Ktistakis – emerged thanks to the resourcefulness, great Catrin Pekari, ETC-Graz Marangopoulos Foundation for Human professionalism and ceaseless energy of Additional Resources: Angelika Kleewein, Rights – Athens, Otto König – University of many of them. Verena Lahousen, Claudia Pekari, Evelin Graz, Debra Long and Barbara Bernath – Special thanks for their outstandingly dedi- Kammerer and Petra Sulovska, ETC-Graz Association for the Prevention of Torture cated work go to the main authors and General Remarks on Human Rights Edu- (APT) – Geneva, Gerd Oberleitner – London contributors: cation Methodology: Claudia Pekari, ETC School of Economics and Political Science, Introduction into the System of Human Selected Activities assistance and consul- Christian Pippan – New York University Rights: Wolfgang Benedek, ETC-Graz tants: Barbara Schmiedl, Claudia Pekari and School of Law, Yvonne Schmidt – University Prohibition of Torture: Minna Nikolova, ETC Verena Lahousen, ETC-Graz of Graz, Manfred Nowak – Ludwig Boltz- Freedom from Poverty: Alpa Vora, YUVA and Research assistants: Klaus Kapuy, Ursula mann Institute of Human Rights (BIM) – Minar Pimple, Nagpur, PDHRE India Prinzl, Maddalena Vivona, ETC-Graz Vienna, Monique Prindezis – CIFEDHOP – Non-Discrimination: Eva Schöfer, ETC-Graz Proofreading: Elisabeth Ernst-McNeil and Geneva, the Anti-Defamation League (ADL) – Right to Health: Kathleen Modrowski, PDHRE, Suzanne Marlow, University of Graz New York, the International Committee of the New York Design concept: Markus Garger, Robert Red Cross (ICRC) – Geneva, and the team of Human Rights of Women: Susana Chiarotti, Schrotthofer and Wolfgang Gosch, Kontrapart- the Human Rights Division of the Austrian PDHRE/CLADEM, Argentina, and Anke Sem- Graz Ministry for Foreign Affairs under the bacher, ETC-Graz Editors and project co-ordination: Wolfgang leadership of Georg Mautner-Markhof and Benedek and Minna Nikolova, ETC-Graz Ursula Werther-Pietsch. FREEDOM FROM POVERTY 5 HOW TO USE THIS MANUAL

The idea of a human rights education manual contains useful information on relevant attaining human security, may start their for everyone as a concrete contribution to the institutions, references to further reading and exploration with the “good to know” part of work of the Human Security Network under on-line resources. the modules. If you are looking for a more Austrian Chairmanship came from the ETC- systematic and in-depth analytical explo- Graz. A team of the ETC developed the To facilitate the navigation through the text, ration of particular human rights, you may conceptual framework of the book and was the following minis will assist you: start with the “need to know” part of entrusted by the Ministry for Foreign Affairs different modules. And those of you interes- with its elaboration. ted in exploring and teaching human rights The Manual “Understanding Human Rights” – need to know issues through innovative educational is envisioned as a tool for assisting learners methodologies to both adolescents and and educators in HSN partner countries and – good practices adults can go directly to the selected beyond in their human rights education and activities part of the modules and in addition learning efforts in various cultural settings as – discussion questions consider the general remarks on human a strategy for enhancing human security. As rights education methodology. designed, it could be a helpful starting point – selected activities The manual is meant to be open-ended and it for understanding human rights and human deliberately addresses only a selected num- wrongs, for training future trainers and for – intercultural perspectives ber of core issues. We would like to opening a discussion forum for inter-cultural and controversial issues encourage you to continuously complement exchange and awareness. the manual with examples and stories, The Manual presents a selected collection of – for more information see questions and experiences from your own theory sensitized through practice, and local context. additionally offers skills-building and This Manual can be utilized by different We would welcome any feedback, as this attitude-shaping components. The variety of users in different ways. Through its flexible helps us to add to the manual in accordance themes addressed have the main goal of and user-friendly modular structure, we with its ambition to be useful for learners, stimulating the search for common ground intend to encourage the critical reading and educators and trainers from different cultural and a shared human perspective as well as active understanding by both learners and backgrounds and with different degrees of presenting controversial issues from a educators. knowledge of human rights. culture-sensitive viewpoint. Enjoy reading and feel free to contribute to The manual consists of three main parts, i.e. If you are looking for a general introduction this work-in-progress, to add your good and a general introduction into the basics of into the main concepts and principles of best practices, your community concerns, human rights, a special part with selected human rights, you may start with the first and to encourage more people to read and “core issues” in the form of modules, which part of the manual which contains the understand the vibrant actuality and the should help to understand the functioning of introduction. incessant fascination of human rights. human rights in daily life, and a third, so- Those of you looking for examples of Wolfgang Benedek and Minna Nikolova, at: called “additional resources part”, which particular human rights issues, key for [email protected] 6 FREEDOM FROM POVERTY LIST OF ABBREVATIONS

ACHR – American Convention on Human Rights GC – Global Compact PRODEC – The Decennial Development Program ACHPR – African Charter on Human and People’s GDP – Gross Domestic Product on Education Rights HDR – UNDP Human Development Report PRSPs – Poverty Reduction Strategy Papers ACP – African, Caribbean and Pacific States HIPC – Heavily Indebted Poor Countries SAPs – Structural Adjustment Programmes of the World Bank ANC – African National Congress HRE – Human Rights Education SEE – South-Eastern Europe AU – African Union ICC – International Criminal Court SIM – Netherlands Institute of Human Rights, ASEM – Asia and Europe Meeting ICCPR – International Covenant on Civil and Utrecht, the Netherlands BIM – Ludwig Boltzmann Institute of Human Political Rights TRIPs – Trade-Related Aspects of Intellectual Rights, Vienna, Austria ICESCR – International Covenant on Economic, Property Rights CCW – Convention on prohibitions or restrictions Social and Cultural Rights UDHR – Universal Declaration of Human Rights on the use of certain conventional weapons ICRC – International Committee of the Red Cross CEDAW – Convention on the Elimination of All UEFA – Union of European Football Associations ICTR – International Criminal Tribunal for Forms of Discrimination against Women Rwanda UNCED – United Nations Conference on CERD – United Nations Convention on the Environment and Development ICTY – International Criminal Tribunal for the Elimination of All Forms of Racial Discrimination Former Yugoslavia UNDP – United Nation Development Program CESCR – Committee on Economic, Social, and IHL – International Humanitarian Law UNESCO – United Nations Educational, Scientific Cultural Rights and Cultural Organisation IJC – International Commission of Jurists CJ – Citizens’ Juries UNICEF – United Nations Children’s Fund ILO – International Labour Organization CRC – United Nation Convention on the Rights of UNMIK – United Nations Mission in the Child IMF – International Monetary Fund UNMISET – United Nations Mission of Support in IPEC – International Programme for the ECHR – European Convention for the Protection East Timor of Human Rights and Fundamental Freedoms Elimination of Child Labour UNTAET – United Nation Transitional MPs – Members of Parliament ECOSOC – Economic and Social Council Administration in East Timor NGO – Non Governmental Organization ETC – European Training and Research Centre for WCAR – World Conference Against Racism, Human Rights and Democracy, Graz, Austria NPA – National Plan of Action Racial Discrimination, Xenophobia and Related EU – European Union OAU – Organization of African Unity Intolerance EUMC – European Monitoring Center on Racism OECD – Organization for Economic Cooperation WHO – World Health Organization and Xenophobia and Development WSSD – World Summit on Sustainable FARE – Football against Racism in Europe ODIHR – Office for Democratic Institutions and Development Network Human Rights WTO – World Trade Organisation FDC – Freedom from Debt Coalition OSCE – Organization for Security and Co- WUK Kinderkultur – Werkstätten und Kulturhaus FGM – Female Genital Mutilation operation in Europe Kinderkultur GA – United Nations General Assembly PDHRE – People’s Movement for Human Rights Education GATS – General Agreement on Trade in Services OUTLINE CONTENTS 7 OUTLINE CONTENTS DETAILED CONTENTS

Preface 3 Preface 3 Acknowledgements 4 Acknowledgements 4 How to use this manual 5 How to use this manual 5 Abbreviations 6 Abbreviations 6 Detailed CONTENTS 7 Outline Contents 7 Detailed Contents 7 I. INTRODUCTION TO THE SYSTEM OF HUMAN RIGHTS 13

I. INTRODUCTION TO THE SYSTEM OF HUMAN II. MODULES ON SELECTED HUMAN RIGHTS ISSUES 41 RIGHTS 13 A. PROHIBITION OF TORTURE 43 B. FREEDOM FROM POVERTY 61 A. Understanding Human Rights 14 C. NON-DISCRIMINATION 81 B. Human Rights and Human Security 16 D. RIGHT TO HEALTH 101 C. History and Philosophy of Human Rights 18 E. HUMAN RIGHTS OF WOMEN 119 D. Concept and Nature of Human Rights 20 F. RULE OF LAW AND FAIR TRIAL 139 G. RELIGIOUS FREEDOMS 157 E. Human Rights Standards at the Universal Level 22 H. RIGHT TO EDUCATION 173 F. Implementation of Universal Human Rights Instruments 24 I. HUMAN RIGHTS OF THE CHILD 191 G. Human Rights and Civil Society 26 J. HUMAN RIGHTS IN ARMED CONFLICT 209 H. Regional Systems of Protection and Promotion of Human K. WORK 229 Rights 27 L. FREEDOM OF EXPRESSION AND FREEDOM I. Europe: European Human Rights Instruments – 1. The Human Rights OF THE MEDIA 249 System of the : a. An overview – European Human Rights M. DEMOCRACY 267 Institutions and Bodies – b. The European Court of Human Rights – 2. The Human Rights System of the Organization of Security and Cooperation in Europe (OSCE) – 3. The Human Rights Policy of the European Union – II. III. ADDITIONAL RESOURCES 289 The Americas: Inter-American System of Human Rights – III. Africa: African System of Human Rights – IV. Other Regions Universal Declaration of Human Rights 315 I. Universal Jurisdiction and the Problem of Impunity 35 General Remarks on Human Rights Education Methodology 319 J. International Criminal Jurisdiction 35 K. Human Rights Initiatives in the Cities 36 Glossary 323 L. Global Challenges and Opportunities for Human Rights 38 M. References 39 Index 329 8 DETAILED CONTENTS

tation and Monitoring: Treaty Bodies Monitoring Poverty – Special II. MODULES ON SELECTED HUMAN RIGHTS Rapporteurs and Independent Experts ISSUES 41 GOOD TO KNOW 71 Good Practices: The Poor are Bankable – Mali’s Initiative 20-20 – Our Water A. PROHIBITION OF TORTURE 43 is Not for Sale – A Sustainable Future – Freedom from Hunger – Economic Justice – Cotonou Agreement – 2. Trends: Progress Towards the ILLUSTRATION STORY 44 Millennium Development Goals – How Many Countries are on Track – NEED TO KNOW 45 3. Chronology: Freedom from Poverty – Main Provisions in International 1. A World Free from Torture: Prohibition of Torture and Human Security – Instruments 2. Definition and Description of the Issue: What is Torture? – Methods of SELECTED ACTIVITIES 76 Torture – How is Torture Done? – Motives for Torture – Why is Torture Activity I: The World in a Village – Activity II: Action Campaign Practiced? – Victims and Perpetrators of Torture, Inhuman or Degrading REFERENCES and ADDITIONAL INFORMATION 80 Treatment – 3. Intercultural Perspectives and Controversial Issues – 4. Implementation and Monitoring: Latest Development GOOD TO KNOW 52 C. NON-DISCRIMINATION 81 1. Good Practices: Activities of International Organizations – The Special ILLUSTRATION STORY 82 Rapporteur on Torture: Goals, Mandate and Activities – The European Commitee for the Prevention of Torture (CPT) – ... Because I’m fourteen – NEED TO KNOW 83 Activities of Non-governmental Organizations (NGOs) – Amnesty 1. “Discrimination – the Endless and Ongoing Struggle for Equality”: International: 12-Point Program for the Prevention of Torture – Code of Discrimination and Human Security – 2. Definition and Description of the Ethics Concerning Torture and Other Cruel, Inhuman or Degrading Issue: Attitude or Action – Actors of Discrimination –Discrimination – Treatment or Punishment in Relation to Detention and Imprisonment – Racism – Racial Discrimination – Xenophobia – Related Intolerance and 2. Trends – 3. Chronology Prejudice – International Standards – Obligations in the Private Sector (NGOs, Media, etc.) – 3. Intercultural Perspectives and Controversial Issues SELECTED ACTIVITIES: 57 – 4. Implementation and Monitoring Activity I: Torturing Terrorists? – Activity II: A Campaign against Torture GOOD TO KNOW 94 REFERENCES and ADDITIONAL INFORMATION 60 1. Good Practices: Voluntary Code of Conducts in the Private Sector – Combating Racism within the European Football League – Abolition of B. FREEDOM FROM POVERTY 61 Apartheid – 2. Trends: Relation between Poverty and Racism/Xenophobia – Racism on the Internet – Anti-Islamism: The Aftermath of September 11 ILLUSTRATION STORY 62 – 3. Chronology “Dying of Hunger in a Land of Surplus” SELECTED ACTIVITIES 97 NEED TO KNOW 63 Activity I. All Human Beings are Born Equal – Activity II. Guess Who is 1. Introduction – 2. Definition and Description of the Issue: Defining Coming for Dinner Poverty – Dimensions of Poverty – Groups Susceptible to Poverty – Why does Poverty Persist – 3. Intercultural Perspectives and Controversial Issues: REFERENCES and ADDITIONAL INFORMATION 99 Relative Poverty and Absolute Poverty – Social Exclusion – 4. Implemen- DETAILED CONTENTS 9

D. RIGHT TO HEALTH 101 SELECTED ACTIVITIES 135 Activity I: Paraphrazing the CEDAW – Activity II: Women’s and Men’s ILLUSTRATION STORY 102 Body Language NEED TO KNOW 104 REFERENCES and ADDITIONAL INFORMATION 137 1. The Right to Health in a Broader Context: Human Security and Health – 2. Description and Definition of the Issue: Health and Human Rights – F. RULE OF LAW AND FAIR TRIAL 139 Availability, Accessibility, Acceptability and Quality – Non-Discrimination – The Right to Enjoy the Benefits of Scientific Progress – Globalization and ILLUSTRATION STORY 140 the Human Right to Health – Health and the Environment – 3. Intercultural NEED TO KNOW 141 Perspectives and Controversial Issues – 4. Implementation and Monitoring: 1. Introduction: The Rule of Law – Historical Development – Fair Trial as Respecting, Protecting and Fulfilling the Human Right to Health – a Core Element of the Rule of Law – Rule of Law, Fair Trial and Human Limitations on the Human Right to Health – Monitoring Mechanisms Security – 2. Definition and Description of a Fair Trial: Minimum Standards GOOD TO KNOW 111 of the Rights of the Accused – Provisions on Fair Trial – Equality before the 1. Good Practices: HIV/AIDS Prevention – Citizens’ Juries and Public Law and before the Court – Access to Effective, Fair Judicial Remedies – Health Policy – The Oath of Malicounda – Memory Books – 2. Trends: Independence and Impartiality – Public Hearing – Right to be Presumed Strategies for Integrating Human Rights and Health Development – Innocent – Right to be Tried Without Undue Delay – Right to Defend Statistics – Maternal Mortality – 4. Chronology Oneself in Person or Through Legal Counsel and Right to be Tried in One’s SELECTED ACTIVITIES 115 Own Presence – Right to Call and to Examine or Have the Witnesses Activity I: Re-imaging a “State of Complete Physical, Mental and Social Examined – Right to Free Assistance of an Interpreter – The Principle of Well-Being” – Activity II: Mapping the Realization of the Human Right to Nulla Poena Sine Lege – 3. Intercultural Perspectives and Controversial Health Issues – 4. Implementation and Monitoring: Implementation – The Case of REFERENCES and ADDITIONAL INFORMATION 118 Albania – Monitoring – Building a Culture of Respect for the Rule of Law in Kosovo GOOD TO KNOW 151 E. HUMAN RIGHTS OF WOMEN 119 1. Good Practices: Development Aid for Establishing a Functioning Judicial ILLUSTRATION STORY 120 System – The Independent Judicial Commission (IJC) in Bosnia and The Story of Maria Da Penha Silva Herzegovina – The Resolution on the Respect and the Strengthening of the Independence of the Judiciary (Africa) – 2. Trends: International Tribunals: NEED TO KNOW 121 Mediation and Arbitration – Increasing Trial Publicity – 3. Chronology 1. Human Rights of Women: Gender and the Widespread Misconception of Human Rights of Women – Human Security and Women – 2. Definition SELECTED ACTIVITIES 153 and Description of the Issues: A Look Back in History – World Conference Activity I: To Be Heard or Not to Be Heard? – Activity II: “How Can You on Human Rights – The Beijing Platform for Action – Women and Poverty Defend Those People?” – Women and Health – Women and Violence – Women and Armed REFERENCES and ADDITIONAL INFORMATION 156 Conflict – Women and Natural Resources – The Girl Child – 3. Intercultural Perspectives and Controversial Issues – 4. Implementation and Monitoring G. RELIGIOUS FREEDOMS 157 GOOD TO KNOW 132 1. Good practices: CLADEM –Inter-American Convention on Violence ILLUSTRATION STORY 158 against Women – PDHRE – 2. Trends: ICC – 3. Chronology 10 DETAILED CONTENTS

NEED TO KNOW 159 SELECTED ACTIVITIES 187 1. Religious Freedoms: A Long Road Still to Travel: Religious Freedoms and Activity I: Act it Out – Activity II: Diamond Pattern Human Security – 2. Definition and Description of the Issue: What Is REFERENCES and ADDITIONAL INFORMATION 190 Religion? – What Is Belief? – What Are Religious Freedoms? – International Standards – The Principle of Non-Discrimination – Education – Limits of Religious Freedoms – 3. Intercultural Perspectives and Controversial Issues: I. HUMAN RIGHTS OF THE CHILD 191 State and Faith – Apostasy – the Freedom to Choose and Change Faith – ILLUSTRATION STORY 192 Proselytism – the Right to Disseminate Belief – Conscientious Objection to Children Affected by Armed Conflict – Commercial Sexual Exploitation of Military Service – 4. Implementation and Monitoring: Prevention Measures Children and Future Strategies NEED TO KNOW 193 GOOD TO KNOW 166 1. The Struggle for Protecting the Rights of the Child – Child Rights and 1. Good Practices: Interfaith Dialogue for Religious Pluralism – 2. Trends: Human/Child Security – 2. Definition and Description of the Issue: The Cults, Sects and New Religious Movements – Women and Faith – Religious Nature and Content of the Human Rights of Children – Principal Concepts Extremism and its Impacts – 3. Chronology of the Convention on the Rights of the Child – Empowerment of the Child, SELECTED ACTIVITIES 169 Generational and Gender Aspects – A Holistic View of the Child – The Activity I: Words that Wound – Activity II: My Neighbour’s Faith and Mine Child – Parent – State Relationship – Non-Discrimination of Children – REFERENCES and ADDITIONAL INFORMATION 172 Best Interests of the Child – The CRC definition of the “Child” – Convention rights: Participation – Protection – Provision – Summing up: Why Use a Child Rights-Based Approach? – 3. Intercultural Perspectives H. RIGHT TO EDUCATION 173 and Controversial Issues – 4. Implementation and Monitoring ILLUSTRATION STORY 174 GOOD TO KNOW 200 The story of Maya 1. Good Practices: Non-governmental “Shadow Reports” and “National NEED TO KNOW 175 Coalitions” – 2. Trends: Facts and Figures – Child Rights Statistical 1. Introduction: Why a Human Right to Education? – Education and Information – 3. Chronology Human Security – Historical Development – 2. Definition and Description SELECTED ACTIVITIES 204 of the Issue: Content of the Right to Education and State Obligations – Activity I. Round Table on Action to Reduce Child Labor – Activity II. Standards to be Achieved – Availability – Accessibility – Acceptability – Parental Neglect and Ill-treatment Adaptability – 3. Intercultural Perspectives and Controversial Issues: Sub- REFERENCES and ADDITIONAL INFORMATION 207 Saharan Africa – Latin America and the Caribean – Central and Eastern Europe, the Commonwealth of Independent States and Baltic States – Industrialized Countries – 4. Implementation and Monitoring: the J. HUMAN RIGHTS IN ARMED CONFLICT 209 Committee on Economic, Social and Cultural Rights – Problems of ILLUSTRATION STORY 210 Implementation NEED TO KNOW: 211 GOOD TO KNOW 184 1. Even Wars have Limits: IHL and Human Security – The Origins of IHL 1. Good Practices – 2. Trends: Current Situation with Regard to the – IHL as International Law – IHL and Human Rights – When does IHL Achievement of Universal Primary Education – 3. Chronology apply? – 2. Definition and Description of the Rights Protected: What are the Basic Rules of International Humanitarian Law in Armed Conflict? – What DETAILED CONTENTS 11

does IHL Protect and How? – Who Must Respect International L. FREEDOM OF EXPRESSION AND Humanitarian Law? – 3. Intercultural Perspectives and Controversial Issues: FREEDOM OF THE MEDIA 249 The Importance of Cultural Awareness – Conflicting Views Regarding the Applicability of IHL – 4. Implementation and Monitoring: Preventive ILLUSTRATION STORY 250 Measures – Measures for Monitoring Compliance – Repressive Measures NEED TO KNOW 251 GOOD TO KNOW 218 1. Past and Present Relevance: Human Security, Freedom of Expression and 1. Good Practices: Protection of Civilians – Protecting Prisoners – Restoring of the Media – Old and New Challenges – 2. Contents and Threats: Main Family Links – A Word About The Emblem – Working Principles of Elements of the Freedom of Expression: Violations of the Right, Threats and Humanitarian Action – The Fundamental Principles of the Red Cross and Risks – Legitimate Restrictions of the Right – 3. Implementation and Red Crescent Movement – 2. Trends: The Ban on Anti-Personnel Monitoring: Role of Professional Associations and other NGOs – Landmines – A Few ICRC Assistance Figures for the Year 2001 – 4. Intercultural Perspectives and Controversial Issues: Chronology 3. Chronology: Principal Instruments of IHL and Other Related Instruments GOOD TO KNOW 259 SELECTED ACTIVITIES 224 1. Role of Free Media for a Democratic Society – 2. Media and Minorities – Activity I: Why respect IHL? – Activity II: Ethics of Humanitarian Action 3. Freedom of the Media and Economic Development – 4. War Propaganda REFERENCES and ADDITIONAL INFORMATION 228 and Advocacy of Hatred – 5. Good Practices – 6. Freedom of the Media and Human Rights Education – 7. Trends: Media and World Wide Web – K. WORK 229 Growth of the Media in Developing Countries – 8. Chronology SELECTED ACTIVITES 262 ILLUSTRATION STORY 230 Activity 1: Front Page – Activity 2: The Impact of the Internet “Appalling Working Conditions in Free Trade Zones” REFERENCES and ADDITIONAL INFORMATION 265 NEED TO KNOW 231 st 1. “The World of Work in the 21 Century”: Work and Human Security – M. DEMOCRACY 267 2. Definition and Description of the Issue: International Labor Legislation – Ratification of Core International Labour Organization Conventions – ILLUSTRATION STORY 268 Work-Related Human Rights in the International Bill of Human Rights – Democracy-Making in East Timor – Justice and Reconciliation – More UDHR – ICCPR – What Types of Slavery Exist Today? – ICESCR – The Right Challenges Ahead to Just and Favorable Conditions of Work – The Right to Form and Join NEED TO KNOW 270 Trade Unions- Levels of Obligation – 3. Intercultural Perspectives and 1. Democracy on the Rise?: Democracy and Human Security – 2. Definition Controversial Issues – 4. Implementation and Monitoring and Description: What Is Democracy and How Did it Develop? – Core GOOD TO KNOW 240 Elements of Modern Democracy – Theories of Democracy – Forms of 1. Good Practices: International Programme for the Elimination of Child Democracy – 3. Intercultural Perspectives and Controversial Issues: The Labor (IPEC) – Codes of Corporate Conduct Dealing with Labor and “Asian Values” Debate – The Challenge of Democracy in the Muslim World Human Rights – Labeling of Items – The Global Compact – 2. Trends: – A Few Further Points for Thought – 4. Implementation and Monitoring Export Processing Zones – Decline of Trade Unions – Increasing GOOD TO KNOW 279 International Mobility: the Migration of Workers – Youth Unemployment 1. Good Practices: On the Road to Democracy – 2. Trends: Women’s SELECTED ACTIVITIES 244 Political Participation – Women in Parliament – Democr@cy Online – Activity I: Women – Children – Work Activity II: Economic Fairness Globalization and Democracy – Democratic Deficits in International REFERENCES and ADDITIONAL INFORMATION 248 Organizations, Multinational Corporations and Non-Governmental Organizations 12 DETAILED CONTENTS

SELECTED ACTIVITITES 283 Regional NGOs 307 Activity I: Campaining – Activity II: A Minaret in our Community? Africa and the Middle East 307 REFERENCES and ADDITIONAL INFORMATION 288 Asia and the Pacific 308 Europe 309 The Americas 310 III. ADDITIONAL RESOURCES 289 HUMAN RIGHTS MASTER PROGRAMS 310

A. The ONGOING GLOBAL STRUGGLE FOR HUMAN RIGHTS – E. SELECTED HSN HUMAN RIGHTS ORGANIZATIONS 311 CHRONOLOGY 290 AUSTRIA 311 CANADA 311 B. SUGGESTED LITERATURE ON HUMAN RIGHTS 293 CHILE 311 GREECE 312 C. RESOURCES ON HUMAN RIGHTS EDUCATION 296 IRELAND 312 JORDAN 312 BACKGROUND INFORMATION 296 MALI 312 MANUALS AND EDCUATIONAL MATERIALS 296 THE NETHERLANDS 312 Children 296 NORWAY 312 Youth 298 SLOVENIA 313 Adults 299 SOUTH AFRICA 314 HUMAN RIGHTS EDUCATION ON THE INTERNET 300 SWITZERLAND 314 Educational Material 300 THAILAND 314 Online Libraries 302

D. USEFUL CONTACTS 303 Universal Declaration of Human Rights 315 ORGANIZATIONS 303 International Organizations 303 General Remarks on Human Rights Education Methodology 319 Regional Organizations 304 Africa 304 Glossary 323 The Americas 304 Europe 305 Index 329 NGOs 306 International NGOs 306 I. INTRODUCTION TO THE SYSTEM OF HUMAN RIGHTS

HUMAN DIGNITY HUMAN RIGHTS HUMAN RIGHTS EDUCATION HUMAN SECURITY

» The culture of human rights derives its greatest strength from the informed expectations of each individual. Responsibility for the protection of human rights lies with the states. But the understanding, respect and expectation of human rights by each individual person is what gives human rights its daily texture, its day-to-day resilience.«

SERGIO VIEIRA DE MELLO, UN HIGH COMMISSIONER FOR HUMAN RIGHTS, 2003 14 INTRODUCTION A. UNDERSTANDING HUMAN RIGHTS

The aspiration to protect the human dignity However, human rights may interfere with of all human beings is at the core of the » All human beings are born free each other; they are limited by the rights and human rights concept. It puts the human and equal in dignity and rights. freedoms of others or by the requirements of person in the center of concern. It is based on They … should act towards one morality, public order and the general a common universal value system devoted to another in a spirit of brother- welfare in a democratic society (Art. 29 the sanctity of life and provides a framework hood.« UDHR). Human rights of others must be for building a human rights system protected ARTICLE 1 OF THE UNIVERSAL respected, not just tolerated. Human rights by internationally accepted norms and DECLARATION OF HUMAN RIGHTS must not be used to violate other human standards. During the 20th century, human rights (Art. 30 UDHR); thus all conflicts must rights have evolved as a moral, political and be solved in a human rights way even though legal framework and as a guideline for which are an integral part of the human at times of public emergency and in extreme developing a world free from fear and free rights framework. These are detailed under cases some restrictions may be imposed. from want. five headings as political, civil, economic, social and cultural human rights, legally Art. 1 of the Universal Declaration on Human defined in two parallel Covenants that » No single phrase in recent Rights (UDHR), adopted by the United together with the UDHR combine to define human history has been more Nations in 1948 refers to the main pillars of the Bill of Human Rights. privileged to bear the mission the human rights system, i.e. freedom, and burden of human destiny equality and solidarity. Freedoms such as “All human rights for all” than [the phrase] »human the freedom of thought, conscience and rights«… – the greatest gift of religion as well as of opinion and expression was the slogan of the Vienna World classical and contemporary are protected by human rights. Similarly Conference on Human Rights in 1993. Human human thought is the notion of human rights guarantee equality, such as the rights empower individuals as well as human rights. Indeed, more than equal protection against all forms of communities to seek the transformation of any other moral language discrimination in the enjoyment of all human society towards the full realization of all available to us at this time in rights, including full equality for women and human rights. Conflicts need to be resolved history, (is) the language of men. Solidarity stands for economic and by peaceful means on the basis of the rule of human rights …«. social rights, like the right to social security, law and within the human rights framework. just remuneration, and an adequate standard FROM “INHUMAN WRONGS AND HUMAN RIGHTS” – PROF. UPENDRA BAXI of living, health and accessible education, INTRODUCTION 15

» Human rights education, learning and dialogue must evoke critical thinking and systemic analysis with a gender perspective about political, civil, Therefore, everybody, women, men, youth General Assembly Resolution economic, social and cultural and children, need to know and understand 49/184 of 23 December 1994, announcing the concerns within a human rights their human rights as relevant to their United Nations Decade for HRE states: framework« concerns and aspirations. This can be “human rights education should involve more achieved through human rights education SHULAMITH KOENIG, PDHRE than the provision of information and should and learning, which can be formal, informal constitute a comprehensive life-long process or non-formal. The understanding of human by which people at all levels in development rights principles and procedures enables and in all strata of society learn respect for the people to participate in the decisions that » Human rights education is all dignity of others and the means and methods determine their lives, works towards conflict learning that develops the of ensuring that respect in all societies.” resolution and peace keeping guided by knowledge and skills, and human rights and is a viable strategy for a values of human rights, The Action Plan of the United Nations people-centered human, social and economic promotes fairness, tolerance and Decade for HRE (1995-2004) emphasizes development. dignity, and the respect of the that: … human rights education shall be rights and dignity of others.« defined as training, dissemination and Human rights education and learning needs NANCY FLOWERS, HUMAN RIGHTS information efforts aimed at the building of a to be undertaken by all actors or CENTER OF THE UNIVERSITY OF universal culture of human rights through MINNESOTA stakeholders, by civil society as well as by the imparting of knowledge and skills and governments and transnational companies. the molding of attitudes and directed to: Through human rights learning a true (a) The strengthening of respect for human “culture of human rights” can be developed, and fundamental freedoms …”. UN GA-Res. rights and fundamental freedoms; based on respect, protection, fulfillment, 49/184 of 23 December 1994, proclaiming (b) The full development of the human enforcement and practice of human rights. the UN-Decade for Human Rights Education, personality and the sense of its dignity; speaks of a comprehensive life-long learning (c) The promotion of understanding, The right to human rights education can be process, and the Action Plan of the UN tolerance, gender equality and friendship derived from Art. 26 UDHR, according to Decade for Human Rights Education 1995- among all nations, indigenous peoples which “Everyone has the right to education … 2004 gives a detailed definition and and racial, national, ethnic, religious and Education shall be directed to the full elaboration of the contents and methods of linguistic groups; development of the human personality and to Human Rights Education (UN Doc. A … the strengthening of respect for human rights /51/506, Add. 1 of 12 December 1996). 16 INTRODUCTION B. HUMAN RIGHTS AND HUMAN SECURITY

In the proclamation by the United Nations The Universal Declaration on Human Rights solutions to their problems on the basis of a General Assembly of the UN Decade on was drafted as a result of the most serious common global value system and of a rule- Human Rights Education (1995-2004) it violations of human dignity, as in particular oriented, rights-based approach instead of a states: “the broadest possible awareness and the experience of the Holocaust during the power-oriented one. Human security is understanding of all norms, concepts and Second World War. The focus is on the promoted across society, in a decentralized values enshrined in the Universal Declaration human person. Its preamble refers to the way, starting from the basic needs of people, of Human Rights” should be sought The main “freedom from fear and from want”. The women and men alike, i.e. problems of motor behind this initiative has been same approach is inherent in the concept of personal security, poverty, discrimination, Shulamith Koenig, the founder of the human security. social justice and democracy. Freedom from People’s Decade for Human Rights Education exploitation or corruption starts when people (PDHRE), who aims at nothing less than the no longer accept the violation of their rights. long-term vision of making human rights » Most threats to human security Civil society institutions (like Transparency accessible to everybody on our planet, “for reveal a direct or indirect human International) support this process of people to know them and claim them”. rights dimension.« emancipation based on the knowledge of Accordingly, the objective of human rights human rights. IIND MINISTERIAL MEETING OF THE education is “human rights literacy for all”. HUMAN SECURITY NETWORK Or, in the words of Nelson Mandela: to IN LUCERNE, MAY 2000. “develop a new political culture based on » Human rights provide a foun- human rights”. dation upon which human At the International Workshop on Human development and human securi- For the methods of human rights education, Security and Human Rights Education in ty can be pursued.« General Remarks on Human Rights Graz in July 2000, it was stated that human IVTH MINISTERIAL MEETING OF THE HUMAN SECURITY NETWORK Education Methodology. security aims at protecting human rights, i.e. IN SANTIAGO DE CHILE, JULY 2002. by the prevention of conflicts and by addressing the root causes of insecurity and vulnerability. A human security strategy aims There are several links between human at establishing a global political culture based rights and human security. “Security” in the on human rights. In this context, human form of personal security (e.g. protection rights education is a strategy towards human from arbitrary detention), social security (e.g. security, as it empowers people to seek provision of basic needs like food security) INTRODUCTION » (Human security) is, in essence, 17 an effort to construct a global society where the safety of the individual is at the centre of the international priorities …; where » The world can never be at peace international human rights unless people have security in and international security (the right to live in standards and the rule of law are their daily lives.« a secure international order) corresponds to advanced and woven into a HUMAN DEVELOPMENT REPORT, UNDP 1994. existing human rights. “Security policies must coherent web protecting the be integrated much more closely with individual …« strategies to promote human rights, LLOYD AXWORTHY, FORMER MINISTER workshop on the relationship between democracy and development. Human rights, OF FOREIGN AFFAIRS OF CANADA Human Rights and Human Security in San humanitarian law and refugee law provide Jose, Costa Rica, in December 2001, which the normative framework on which the elaborated a “Declaration on Human Rights human security approach is based.” (Human through active participation, increased as an Essential Component of Human Security: Safety for People in a Changing transparency and accountability. “Gover- Security” (http://www.humansecurity- World, Department of Foreign Affairs and nance-building” consists of two chs.org/doc/sanjosedec.html). According to International Trade, Canada 1999). complementary forms of capacity-building: Bertrand G. Ramcharan, UN Assistant “state-building” and “societal development”. Secretary-General and Deputy High Human rights violations reveal threats to State-building provides “democratic security”, Commissioner for Human Rights, inter- human security and therefore are used as which can be seen best in the efforts of national and human rights norms define the indicators in early-warning mechanisms for rehabilitation and reconstruction after meaning of human security. conflict prevention. However, human rights conflicts. “Societal development includes do have a role as well in conflict manage- broad-based human rights education to Art. 3 of the UDHR and Art. 9 of the ment, conflict-transformation and post- empower people to claim their rights and to International Covenant on Civil and Political conflict peace-building. Human rights show respect for the right of others” (Walther Rights also protect the right to liberty and education, through knowledge transfer, Lichem, Austrian Federal Ministry for Foreign security of the person, which refers in skills-building and shaping attitudes Affairs). particular to the freedom from fear. In constitutes the basis of a genuine culture of addition, Art. 22 of the UDHR and Art. 9 of prevention. The Commission on Human Security, set the International Covenant on Economic, up in 2001 under the co-chairs Sadako Ogata Social and Cultural Rights recognize the right Besides human rights being an essential (former UN High Commissioner for to social security, which together with other instrument of conflict prevention, they also Refugees) and Amartya Sen (Nobel Prize economic and social rights corresponds to are a key concept for governance-building Winner for Economics), together with the the freedom from want. The relationship and for democracy. They provide a basis for Inter-American Institute of Human Rights between globalization and human security is addressing societal and global problems and the University for Peace, held a dealt with in the Millennium Report by UNSG 18 INTRODUCTION C. HISTORY AND PHILOSOPHY OF HUMAN RIGHTS

Kofi Annan of 2000, which also distinguishes The idea of human dignity is as old as the » I am a human being because of between freedom from fear and freedom history of humankind and exists in various your eyes seeing me as one …« from want, a distinction which goes back to forms in all cultures and religions. For AFRICAN PROVERB, MALI the four freedoms proclaimed by US Presi- example, the high value accorded to the dent Roosevelt in 1940 during the Second human being can be seen in the African World War as a vision for the post-war order. philosophy of “ubuntu” or the protection of the concept of economic, social and cultural The struggle against poverty, and for econo- foreigners in Islam. The “golden rule” that rights, the right to self-determination and to mic, social and cultural rights is as relevant one should treat others as one would like to development, the freedom from racial for security as is the struggle for political be treated oneself, exists in all major discrimination and apartheid. freedom and fundamental liberties. However, religions. The same is true for the society’s one cannot be separated from the other, they responsibility to take care of its poor and the Whereas historically citizens became the are interdependent and indivisible. fundamental notions of social justice. beneficiaries of constitutionally protected human rights as a result of their struggle for Human security is the ability to enjoy the However, the idea of “human rights” is the fundamental freedoms and economic and results of human development. According to result of the philosophical thinking of social rights, foreigners could be right- the UNDP-Human Development Report 2000, modern times, based on the philosophy of holders only in exceptional cases or on the human rights and human development share rationalism and Enlightenment, on liberalism basis of bilateral agreements. They were in a common vision and purpose. The Human and democracy, but also on socialism. Even need of protection by their own state, which Development Index used by the UNDP though the modern concept of human rights represented its nationals abroad. Human Development Reports contains mainly emanated from Europe, it must be several indicators, like access to education, stated that the notions of freedom and social For the development of rules of protection of food security, health services, gender justice, which are fundamental to human non-nationals, the humanitarian law was of equality and political participation, which rights, are part of all cultures. The United much importance. It aimed at establishing correspond directly to human rights. A Nations with the leadership of Eleanor basic rules for the treatment of enemy “Human Security Report” is being elaborated Roosevelt, René Cassin and Joseph Malik soldiers, but also civilians in armed conflict under the direction of Andrew Mack focusing developed the UDHR on which 80 people ( Human Rights in Armed Conflict on threats to human security. In conclusion, from the North and South worked to shape Module). Early predecessors of actual inter- the concepts of human security, human its ideas and language. Human rights have national human rights can be found in the rights and human development are over- become a world wide concept, with strong agreements on freedom of religion as lapping and mutual reinforcing. influences from the East and the South, i.e. contained in the Treaty of Westphalia of INTRODUCTION » We hold these truths to be self- 19 evident – that all men are created equal; that they are endowed by their creator with certain inalienable rights; that among these are life, liberty, and 1648, the prohibition of slavery, i.e. the the pursuit of happiness. That, to » The first is declaration on the slave trade of the Vienna secure these rights, governments and expression – everywhere in Congress in 1815, the founding of the are instituted among men deri- the world. The second is freedom American Anti-Slavery Society of 1833 and ving their just powers from the of every person to worship God in the International Convention against Slavery consent of the governed.« his own way – everywhere in the from 1926. The protection of minority rights AMERICAN DECLARATION OF INDEPENDENCE (1776) world. The third is freedom from also has a long history and was a major issue want – which translated into in the Peace Treaty of Versailles of 1919 and world terms means economic of the League of Nations founded in the same Islamic Conference, but never adopted offi- understanding which will secure year ( The chronology in Part III: cially. All rights stipulated in this Declaration to every nation a healthy peace- Additional Resources). are subject to the Islamic Shariah. time life for its inhabitants – everywhere in the world. The However, the concept of universal human The debate on priorities for certain rights fourth is freedom from fear …« rights for all human beings was acceptable and universality versus cultural relativism, to states only after the horrors of the Second which is raised from time to time, has been PRESIDENT ROOSEVELT, THE FOUR FREEDOMS (1941) World War, when agreement was reached on addressed by the two world conferences on the Universal Declaration of Human Rights human rights in Tehran and Vienna respec- by then 48 states, with 8 socialist countries tively. The Conference in Tehran in 1968 Too many international actors and South Africa abstaining, as an indispen- clarified that all human rights are indivisible today are pursuing policies sable component of the United Nations and interdependent, and the Conference in based on fear, thinking they will system. Since then, UN-membership has Vienna in 1993 agreed by consensus that increase security. But true se- reached 191, but no state has ever really “While the significance of national and curity cannot be built on such a challenged this declaration, which today can regional particularities and various historical, basis. True security must be largely be considered international custo- cultural and religious backgrounds must be based on the proven principles of mary law. borne in mind, it is the duty of States, human rights. regardless of their political, economic and In this context, the “Cairo Declaration on cultural systems, to promote and protect all SERGIO VIERA DE MELO, UN HIGH COM- MISSIONER FOR HUMAN RIGHTS 2003 Human Rights in Islam” of 1990 need to be human rights and fundamental freedoms”. mentioned, which was drawn up by the (para. 5 of the Vienna Declaration and Foreign Ministers of the Organization of the Programme of Action of 1993) 20 INTRODUCTION D. CONCEPT AND NATURE OF HUMAN RIGHTS

Today, the concept of human rights is the International Covenants of 1966, which Conference on Human Rights in Tehran in recognized as a universal one, as can be also recognized the ideal of free human 1968 as well as at the World Conference on seen from the declaration adopted by the beings enjoying freedom from fear and want Human Rights in Vienna in 1993, this Vienna World Conference on Human Rights and being endowed with equal and unproductive debate was addressed by the in 1993 and the United Nations resolutions inalienable rights. Accordingly, human rights recognition of both categories or dimensions passed on the occasion of the 50th are universal and inalienable, which means of human rights as being of equal impor- anniversary of the Universal Declaration of that they apply everywhere and can not be tance. In Tehran in 1968 they were declared Human Rights in 1998. Some skeptics who taken away from the human person even as indivisible and interdependent, because question the universality of human rights with his or her agreement. As stated at the the full enjoyment of economic, social and should be reminded that states as Vienna World Conference on Human Rights cultural rights is hardly possible without civil geographically diverse as China, Lebanon or in 1993 by UN Secretary General Boutros and political rights and vice versa. Chile were among those who helped to draft Boutros-Ghali “human rights are birth rights”. the concept in the 2nd half of the 1940s. In the 1980s, an additional category of Anyway, since then many more states have Human rights are also indivisible and human rights obtained recognition, i.e. the expressed their support for the Universal interdependent. Different dimensions or right to peace, the right to development, and Declaration of Human Rights and ratified the categories of human rights can be the right to the environment. These rights International Covenant on Civil and Political distinguished: civil and political rights, like provide a framework necessary for the full Rights (ICCPR) as well as the International freedom of expression, and economic, social enjoyment of all the other rights. However, Covenant on Economic, Social and Cultural and cultural rights like the human right to there is no conditionality in the sense that Rights (ICESCR) based on the Universal social security, which have to be one category of human rights is a Declaration. In the case of the Convention on “progressively realized” due to the fact that precondition for the other. This category is the Elimination of all Forms of Discrimi- they place financial obligations on the state. best described as solidarity rights, because nation Against Women (CEDAW), 177 In the past, certain states or groups of states they require international cooperation and countries ratified it, however with many like the communist group in particular have attend to community building. reservations. expressed a preference for economic, social and cultural rights as opposed to civil and Whereas human rights are the rights of all The starting point of the concept of human political rights, whereas the United States individuals, whether they have the rights is the concept of the inherent dignity of and the member states of the Council of citizenship of a particular country or not, all members of the human family as Europe showed a certain preference for civil rights of citizens are fundamental rights recognized in the Universal Declaration and and political rights. However, at the World which are exclusively guaranteed to INTRODUCTION 21

nationals of a particular country such as, for A Declaration on Human and the Council of Europe in particular when example, the right to vote and to be elected Rights of Indigenous People has been admitting new members. However, it will or to have access to the public services of a elaborated, but not yet adopted, whereas the depend on the knowledge and understanding given country. ILO, revising an earlier declaration in 1989 of human rights by the people themselves adopted Convention Nr. 169 concerning and their readiness to use them as a tool for Human rights also need to be distinguished “Indigenous and Tribal Peoples in change that human rights can have this from minority rights, which are the rights of Independent Countries”. In 2001, a UN transformation effect. members of a group with particular ethnic, Special Rapporteur on the human rights and religious or linguistic characteristics. On their fundamental freedoms of indigenous people The traditional concept of human rights has own or in community with other members of was appointed. Following a recommendation been criticized by feminists for not properly the group, they have the human right to of the Vienna World Conference on Human reflecting the equality of women and men enjoy their own culture, to profess or practice Rights in 1993 a “Permanent Forum on and for its lack of gender sensitivity. The their own religion or to use their own Indigenous Issues” was created in 2000 as a World Conferences on Women, the language (Art. 27 ICCPR). More particular subsidiary authority of ECOSOC, which met elaboration of the UN Convention on the rules exist in European regional human rights in 2002 for the first time. The African Elimination of All Forms of Discrimination instruments. Commission on Human and Peoples’ Rights against Women have, inter alia, contributed has also established a Working Group on to a gender-sensitive approach to the human Special attention is given to the human rights indigenous peoples. rights of women, which is also reflected in of indigenous populations. Since 1982, a UN the UN Declaration on Violence against Working Group on Indigenous Populations Women or the draft protocol to the African discusses ways to promote and protect their The concept of human rights today is shared Charter on Human and Peoples’ Rights on human rights, in particular regarding their globally and as such forms a basis for the the rights of women ( Human Rights relationship to land. international community of states, inter- of Women Module). It is important to note national organizations and social move- that human rights instruments present a new ments, all of which regard themselves as social and political concept by legally members of international society. Human recognizing women as full and equal human rights can also be a means which people beings. can use as a tool for social transformation on the national or regional level as can be Some states also use the argument of their seen from the efforts of the European Union historical, religious and cultural parti- 22 INTRODUCTION E. HUMAN RIGHTS STANDARDS AT THE

cularities to say that human rights can not apply to them in the same way as to others. UNIVERSAL LEVEL The Declaration and Programme of Action of the Vienna World Conference recognized the The recent history of standard-setting on the In the 1960s the struggle against racial existence of different approaches to the global level started with the Universal discrimination and apartheid came to the implementation of human rights based on Declaration of Human Rights (UDHR), foreground, which resulted in two con- factors of history, religion and culture, but at adopted by the UN General Assembly on 10 ventions – against racial discrimination and the same time reiterated the obligation of all December 1948 in the aftermath of World on the suppression of the crime of apartheid. states to implement all human rights. War II, which had seen the largest human Further conventions were adopted on the Therefore the existence of cultural or rights violations ever. Prevention and elimination of all forms of discrimination religious differences must not be used as an punishment of genocide as was committed against women, against torture and other excuse for not fully implementing inter- against the Jews in the holocaust is the cruel, inhuman and degrading treatment or national human rights obligations. This subject of the “Convention on the Prevention punishment, and on the rights of the child. means that the cultural context should be and Punishment of the Crime of Genocide”, Those conventions further clarify and specify taken into account. The present dialogue of adopted a day before the UDHR. the provisions of the covenants or give civilizations taking place in the United particular attention to the human needs of Nations has this very purpose of recognizing In order to translate the commitments specific target groups. In the case of the the positive value of different civilizations contained in the UDHR into legally binding women’s convention of 1979 the “problem of without providing an excuse for not meeting obligations, the UN Human Rights reservations”, which is a general problem of their obligations. One of the most difficult Commission elaborated two Covenants, one human rights treaties gained particular issues is the position of women within on civil and political (ICCPR) and one on prominence as a number of Islamic countries certain cultures which may present major economic, social and cultural rights tried to restrict the basic human rights of human rights violations that need to be part (ICESCR). Because of the Cold War, they women in this way. of any agenda of dialogue. were only adopted in 1966 and came into force in 1976, after having been ratified by 35 According to the principle of non-discrimi- states. On 1 January 2003 they had 149 and nation, states have to respect and ensure to 146 members respectively. The ICESCR was all individuals within their territory all adopted first, as an indication of the human rights without any discrimination preference of the then new majority of the with regard to race, color, sex, language, developing and socialist countries in the UN religion, political or other opinion, national for economic, social and cultural rights. or social origin, property, birth or other INTRODUCTION 23

status (Art. 2 ICCPR and ICESCR). Further- UN Committee on Civil and Political Rights OVERVIEW OF THE more, Additional Protocol No. 12 to the has clarified state obligations in a General MOST IMPORTANT European Convention on Human Rights Comment (No. 29, 2001) on “states of UN HUMAN RIGHTS provides for a general right of non-discrimi- emergency (Art. 4)” and the Inter-American CONVENTIONS nation by any public authority. Commission on Human Rights and the Steering Committee for Human Rights of the • Universal Declaration of Human Rights There is, however, also the possibility of Council of Europe have adopted a report and (1948) exceptions and the use of claw back guidelines respectively on “Terrorism and • International Covenant on Economic, clauses. In the case of public emergency Human Rights”. Social and Cultural Rights (1966) threatening the life of a nation, a state may • International Covenant on Civil and derogate from its obligations, if the state of Certain rights may contain so called “claw Political Rights (1966) emergency has been officially proclaimed back clauses” which permit restrictions of • Convention on the Prevention and Punish- and the measures remain within the limits certain rights if this is necessary for national ment of the Crime of Genocide (1948) strictly required by the situation. The security, public order, public health or • Convention against Torture and other measures must be taken on a non- morals, or the rights and freedoms of others. Cruel, Inhuman and Degrading Treatment discriminatory basis (Art. 4 (1) ICCPR). Such possibility exists in particular with or Punishment (1984) There is a procedure to follow, i.e. other state regard to the freedom of movement, the • International Convention on the Elimi- parties need to be informed through the freedom to leave any country, including one’s nation of All Forms of Racial Discrimi- Secretary General of the United Nations. own, freedom of thought, conscience and nation (1965) However, no restrictions are allowed from religion including the manifestation of a • Convention on the Elimination of All certain articles like the right to life, religion or belief, freedom of expression and Forms of Discrimination against Women prohibition of torture and slavery, the non- information, freedom of assembly and of (1979) retroactivity of criminal offences or the right association. These restrictions have to be • Convention on the Rights of the Child to freedom of thought, conscience and contained in a law, which means that they (1989) religion (Art. 4 (2) ICCPR). These rights are have to pass through parliament. The bodies therefore called non-derogable rights. interpreting the respective legal instruments Emergency provisions have gained larger have the obligation to control any misuse of relevance in the fight against terrorism. these provisions. Consequently, there have Commission and the Court regarding the Similar provisions exist in the European been several cases before the European Court application of emergency powers or the claw Convention on Human Rights (Art. 15). The of Human Rights or the Inter-American back clauses. 24 INTRODUCTION F. IMPLEMENTATION OF UNIVERSAL HUMAN RIGHTS INSTRUMENTS

States have a duty to respect, protect and to importance in the era of globalization, i. e. by make “general comments” on the proper fulfill human rights. In many cases, raising the issue of social responsibility of interpretation of the convention. In a few implementation means that the state and its transnational corporations. instances, such as in the case of the authorities have to respect the rights International Covenant on Civil and Political accepted, i.e. to respect the right to privacy Another development is the increasing Rights (ICCPR), there is an additional or to expression. This is particularly true for emphasis on prevention of human rights protocol which authorizes the Committee on civil and political rights, whereas for violations by structural measures, i. e. Civil and Political Rights to receive indi- economic, social and cultural rights national institutions or by including a human vidual complaints from persons on alleged implementation means a positive activity of rights dimension in peace-keeping opera- violations of their human rights. However, fulfillment by the state, i.e. to grant or to tions. The objective of prevention is also a this is only possible for people living in states provide certain services like education and priority of the human security approach to which have ratified the additional protocol. health and to ensure certain minimum human rights. Human Rights and Some conventions also have provisions for standards. In this context, the capacity of a Human Security. inter-state complaints, but this possibility is given state is taken into account. For example Human rights first need to be implemented at rarely used. A judicial procedure only exists Art. 13 of the ICESCR recognizes the right of the national level. However, there may be in the case of the European and the Inter- everyone to education. However, it specifies obstacles like deficiencies in “good gover- American Conventions on Human Rights, that only primary education has to be made nance”, i. e. a corrupt and inefficient ad- with the European or the Inter-American available free of charge. With regard to ministration or judiciary. In order to ensure Court of Human Rights being able to make secondary education and higher education it that the state is meeting its obligations, decisions which are binding on states. Also, has to be made generally available and international monitoring of the perfor- an African Court on Human and People’s accessible to all, but free education is only mance of the state has been instituted for Rights will be established after its statute has expected to be introduced progressively. The most of the international conventions of come into force. concept of gradual accomplishment human rights. This monitoring can take according to capacity is applied to several different forms. Reporting systems exist Besides the procedures contained in human economic, social and cultural rights. under many international conventions. rights instruments like human rights Accordingly, states have to report at regular conventions, there are also the so-called The duty to protect requires the state to intervals on their performance in human “Charter-based procedures”, which were prevent violence and other human rights rights protection. Usually, a committee of developed on the basis of the Charter of the violations among the people on its territory. experts reviews the reports and makes United Nations to address human rights Accordingly, human rights do also have a recommendations on how to strengthen violations worldwide. One of them is based “horizontal dimension”, which is gaining implementation. The committee can also on Res. 1235, adopted by ECOSOC in 1967, INTRODUCTION 25

which allows the Human Rights Commission according to their field of activity, which The activities of these special institutions do to deal with gross and systematic human might be country-based or worldwide. They have both a protective and a promotional rights violations worldwide in a public reflect the increased activism of the United purpose. They promote a better awareness of procedure. The other is the confidential 1503- Nations and also provide a follow-up and human rights and their inclusion in all procedure, based on resolution 1503 of the monitoring mechanism in cases where no activities in order to base solutions adopted ECOSOC in 1970 allowing for petitions to be enforcement procedures have been foreseen firmly on the grounds of human rights. sent to the office of the UN High or are lacking efficiency, like the Human Indeed, promotion of human rights means a Commissioner of Human Rights in Geneva Rights Defenders Declaration or in the case of much larger task, which cannot be accom- which then are reviewed by an expert group several economic and social rights, i.e. the plished by international institutions and of the UN Sub-Commission for the Promotion human rights to education, to food, to bodies alone. Promotion of human rights and Protection of Human Rights. This adequate housing, to health, structural means first of all to make people aware of procedure is mainly meant for gross adjustment policies and foreign debt. their rights, to inform them about their rights violations of human rights. As a result, the Furthermore, there are also “independent and to teach them how to make best use of situation in a particular country may also be experts” such as on the right to development, their human rights. For this purpose, diffe- discussed by the Human Rights Commission. and “working groups”, i.e. on enforced and rent actors can be involved such as uni- involuntary disappearances. versities, the educational sector in general, In the work of the Human Rights Com- but also non-governmental organizations mission and its Sub-Commission, special In addition, the United Nations High (NGOs). procedures, i.e. the activities of special Commissioner for Human Rights increasingly rapporteurs and representatives of the resorts to the setting up of missions of the On the national level the United Nations Human Rights Commission or of the UN- Office of the High Commissioner in recommend the establishment of “national Secretary General for human rights matters countries with a problematic human rights institutions” to promote and protect human have increasingly gained importance. There situation. Such missions have been rights, like ombudsmen or national com- are “country rapporteurs” as well as “thematic established in countries such as Afghanistan, missions on human rights. For this purpose, rapporteurs”, like the special representative Bosnia-Herzegovina, Cambodia, Columbia, several principles regarding the competence on and the Federal Guatemala, Haiti, Kosovo, , and responsibilities, guarantees of indepen- Republic of Yugoslavia, on Afghanistan, , Sierra Leone etc. They collect dence and pluralism and methods of Sudan or Haiti and the special rapporteurs on information and promote human rights operation were adopted by the UN General torture or on violence against women. standards, i. e. through advising in the Assembly (National institutions for the Altogether, there are nearly 40 such special legislative reform process or participating in promotion and protection of human rights, institutions, which collect information the work of the international community. UN GA-Res. 48/134 of 20 December 1993). 26 INTRODUCTION G. HUMAN RIGHTS AND CIVIL SOCIETY

For the development of the system of human According to a resolution of the General inter-governmental institutions. On the rights the impact of civil society, represented Assembly in 1998, the Human Rights global level, the People’s Decade for Human mainly by Non-Governmental Organizations Defender’s Declaration, people and NGOs Rights Education (PDHRE), which initiated (NGOs) has been crucial. NGOs are based on working for human rights have to be given the UN Decade on HRE has also reached out the freedom of association, protected by Art. the necessary freedom to do so and be to the South, where it facilitated the creation 22 of the ICCPR. They are key players in civil protected against persecution of any kind. In of regional Human Rights Learning society for the protection and promotion of some states, organizations like Amnesty Institutions, i.e. in India, Argentina and Mali. human rights. In the United Nations, they International or Helsinki Committees have In the field of training against racism and have developed into a kind of “conscience of been subjected to criticism and even discriminatory behaviour the Anti-Defa- the world”. They often pursue certain specific persecution in some cases for their work. mation League (ADL) is active worldwide. protection interests like freedom of There have been numerous cases worldwide expression and freedom of the media (Article where human rights activists have been Networks of NGOs have gained particular 19) or prevention of torture and inhumane or imprisoned for their legitimate work. The importance in the struggle for the equality of degrading treatment (Association for the state does not only have the obligation to women and their protection. UNIFEM, Prevention of Torture, APT). NGOs like protect those activists against its own CLADEM or WIDE all have HREL high on Amnesty International use special proce- representatives like the police but also their agenda, in order to empower women to dures like “urgent action appeals” to put against violent groups like death squadrons overcome obstacles to full equality and non- pressure on governments. The strategy of who take the law into their own hands. discrimination. In Africa, NGOs meet “mobilization of shame”, mainly achieved regularly before the session of the African with the help of independent media can be The UN Secretary General has appointed a Commission on Human and Peoples’ Rights, very effective. NGOs like the International Special Representative on Human Rights attend its session and organize joint training Helsinki Federation (IHF), the Inter- Defenders to support the implementation of activities. The Austrian NGO – European national Crisis Group (ICG) or Human the respective UN declaration. Training and Research Centre for Human Rights Watch do influence governments and Rights and Democracy (ETC) cooperates with the international community through high NGOs also play a major role in Human Rights a number of human rights centers in South- quality reports, based on fact-finding and Education and Learning (HREL), by Eastern Europe in providing local and monitoring. Another effective NGO approach developing curricula, organizing training regional human rights education and training is to elaborate “shadow reports” parallel to programs and producing training materials, programs. It also organizes an international official state reports to international often in cooperation with the United Nations, Summer Academy on Human Rights and monitoring bodies. UNESCO, the Council of Europe or other Human Security. INTRODUCTION 27 H. REGIONAL SYSTEMS OF PROTECTION AND PROMOTION OF HUMAN RIGHTS

In addition to the universal instruments of Union (presently 15 members, to be enlarged • Framework Convention for the Protection human rights protection several regional from May 2004 to 25). of National Minorities (1994) systems of human rights have developed, • Charter of Fundamental Rights of the which usually provide a higher standard of The European System of Human Rights is the European Union (2000) rights and their implementation. most elaborate regional system. It has developed as a reaction to the massive The advantage of regional systems is their human rights violations during World War II. capacity to address complaints more Human rights, the rule of law and pluralistic 1. THE HUMAN RIGHTS SYSTEM efficiently. In the case of courts, binding democracy are the cornerstones of the OF THE COUNCIL OF EUROPE decisions with compensation can be given European legal order. and also the recommendations of the a. An overview Commissions on Human Rights are generally The main instrument is the European taken seriously by states. They may result not EUROPEAN HUMAN RIGHTS Convention on Human Rights of 1950 and only in “lead cases” to interpret and clarify INSTRUMENTS its 13 additional protocols. Of particular provisions of human rights instruments, but importance are protocols No. 6 and 13 (not also in changes of national law in order to • Convention for the Protection of Human yet in force) on the abolition of the death bring it into conformity with international Rights and Fundamental Freedoms (1950) penalty, which distinguishes the European human rights obligations. In addition, and 13 additional protocols human rights approach from that of the regional systems tend to be more sensitive to • European Social Charter (1961), as revised United States, and protocol No. 11, which cultural and religious concerns, if there are in 1991 and 1996 and Add. Protocols 1988 replaced the European Commission on valid reasons for them. and 1995. Human Rights and the European Court of • European Convention for the Prevention Human Rights by one permanent European of Torture and other Inhuman and Court of Human Rights. The European I. EUROPE Degrading Treatment (1987) Convention mainly contains civil and • Final Act of Helsinki (1975) and follow-up political rights. The European human rights system has 3 process of CSCE/OSCE with Charter of layers, i.e. the system of the Council of for new Europe (1990) The European Social Charter of 1961 was to Europe (presently 45 members), of the • European Charter for Regional or Minority add economic and social rights, but never Organization for Security and Cooperation in Languages (1992) gained the same importance as the European Europe (55 members) and of the European Convention. From the beginning it suffered 28 INTRODUCTION

from a weak and inefficient system of The European Framework Convention for According to the convention, states have to implementation. However, parallel to the the Protection of National Minorities (1995) protect the individual rights of members of growing attention to economic and social was elaborated after the summit meeting of national minorities, but also to provide rights on the universal level since the late the Council of Europe in Vienna 1993 as a conditions which allow minorities to 1980s, new attention has been given also to reaction to the increasing problems with maintain and develop their culture and the European Social Charter which was minority rights in Europe. These problems identity. The enforcement mechanism amended twice in 1988 and 1995 and now are the result of the dissolution of the Soviet however is limited to a reporting system and also offers the possibility of collective Union and the Socialist Republic of an Advisory Committee of Experts in charge complaints based on an additional protocol. Yugoslavia and more generally of the process of reviewing the reports. of self-determination in Europe in the 1990s. A major innovation has been introduced by the European Convention for the Prevention of Torture and Inhuman or EUROPEAN HUMAN Degrading Treatment or Punishment of RIGHTS INSTITUTIONS 1987, which establishes a European AND BODIES Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Council of Europe: OSCE: Punishment, which sends delegations to all • European Court of Human Rights (single • Office for Democratic Institutions and Human member states of the convention to court 1998) Rights (ODIHR, 1990) undertake regular or special visits to all • European Committee on Social Rights (as • High Commissioner on National Minorities places of detention. Accordingly, the logic of revised 1999) (OSCE, 1992) the system is its preventive effect as opposed • European Committee for the Prevention of • Representative for the Freedom of the Media to ex post facto protection, which is still taken Torture or Other Inhuman or Degrading (OSCE, 1997) care of by the European Convention on Treatment (CPT, 1989) Human Rights and its court. In December • Advisory Committee of the Framework European Union: 2002, the UN General Assembly adopted an Convention on National Minorities (1998) • European Court of Justice additional protocol to the UN Convention • European Commission on Racism and • European Monitoring Centre on Racism and against Torture which foresees a similar Intolerance (ECRI, 1993) Xenophobia (EUMC, 1998) mechanism to operate worldwide. • European Commissioner for Human • Charter of Fundamental Rights of the EU Rights (1999) (2000) • Committee of Ministers of the Council of Europe INTRODUCTION 29

The Council of Europe in 1999 also In order for a complaint to be admissible, 2. THE HUMAN RIGHTS established a “Commissioner on Human four major pre-conditions have to be fulfilled: SYSTEM OF THE Rights”, who gives information about his or ORGANIZATION OF her activities in an annual report. Further- a. Violation of a right protected by the ECHR SECURITY AND COOPERATION IN more, there is a confidential monitoring and its additional protocols EUROPE (OSCE) system of the performance of members in b. Complainant(s) being a victim of the different areas of human rights, which is the violation The OSCE, which replaced the Conference on responsibility of the Council of Ministers on c. Exhaustion of all effective domestic Security and Cooperation in Europe in 1994, the basis of reports prepared by the remedies is a very particular organization. It neither Secretariat. d. Complaint to be made less than 6 months has a legal charter nor international legal after exhaustion of domestic remedies personality and its declarations and b. The European Court of Human Rights recommendations are only of a political The main instrument of protection of human If considered admissible, a chamber of 7 nature and not legally binding on states. rights in Europe is the European Court of judges decides about the merits of the case. Nonetheless, the often very detailed Human Rights in , the obligatory Their judgment is final if the case is not catalogues of obligations adopted in various jurisdiction of which today is recognized by considered as being of particular importance follow-up conferences or expert meetings all member states of the Council of Europe. or representing a new line of jurisdiction, in and monitored by the Council of represen- The number of judges is equal to the number which case a grand chamber of 17 judges tatives of member states and regularly of member states of the Council of Europe. In serves in an appeal function. organized follow-up conferences is a rather each case a so-called “national judge” is successful monitoring mechanism. The involved in order to facilitate the under- The judgments are binding and may also “Helsinki Process” played a major role in standing of the national legislation. However, provide compensation for a damage. The building cooperation between East and West judges once appointed serve only in their implementation of the judgments is the task during the Cold War and providing a basis for personal capacity. of the Committee of Ministers, which cooperation in the wider Europe of 55 supervises the execution of the judgments of countries. the Court. The main problem of this system at present is the large number of complaints Under the title of “human dimension”, the received which has increased from about OSCE undertakes a number of activities in 1.000 in 1998 to more than 29.000 in 2002, the field of human rights and minority rights resulting in an overloading of the system. in particular. These also play a major role in 30 INTRODUCTION

the various field missions as in the case of (ODIHR) located in Warsaw. The OSCE also Since the 1980s the European Community Bosnia and Herzegovina or Serbia and plays a major role in conflict resolution and also developed a human rights policy in its Montenegro as well as Kosovo. For this post-conflict reconstruction in Europe. relations with third countries, which is also purpose OSCE missions have a human rights reflected in the so-called Copenhagen department and human rights officers are criteria for the recognition of new states in deployed throughout the country to monitor 3. THE HUMAN RIGHTS South-Eastern Europe. The Treaty on the and report on the human rights situation, but POLICY OF THE European Union of 1995 in Art. 6 and 7 also to promote human rights and to assist in EUROPEAN UNION explicitly refers to the European Convention certain cases of protection. The OSCE also of 1950 although the European Union has so supports national institutions of human Whereas the European Economic Commu- far not acceded to that convention as a rights in the countries where it maintains a nity created in 1957 originally did not member. mission like the ombudsmen in Bosnia and concern itself with political issues like Herzegovina or in Kosovo. human rights, and the political integration of In 2000 a Convention was convened to write Europe towards a European Union since the the Charter of Fundamental Rights of the Special mechanisms have been developed in 1980s, human rights and democracy have EU, adopted by the Nice summit in 2000. the form of the High Commissioner for become key-concepts of the common Presently this Charter is the most modern Minorities and the Representative for the European legal order. A major role was human rights document in Europe and Freedom of the Media Freedom of played by the European Court of Justice includes civil and political as well as Expression Module, which have their offices which developed a human rights jurisdiction economic, social and cultural rights similar to in The Hague and Vienna respectively. The derived from “common constitutional the UDHR. Like the UDHR it also has no High Commissioner on National Minorities is traditions of member states” and internatio- legally binding status. However, as it an instrument of conflict prevention with the nal treaties to which those member states enshrines a number of human rights mandate to deal with ethnic tensions at the were parties, like the European Convention obligations which do also form part of earliest possible stage. The OSCE also had a on Human Rights. Several human rights were various international treaties of which the major role in monitoring democratic constructed as general principles of European Union member states are parties, elections in a number of countries in Europe community law, like the right to property, the Charter can be understood as an transforming into pluralist democracies. The freedom of association and religion or the interpretation and clarification of those democratization process and the promotion principle of equality, which is of particular binding obligations. Since 1995 the EU of human rights is supported by the Office of importance in European community law. includes human rights clauses in its Democratic Institutions and Human Rights bilateral agreements, such as the “Stability INTRODUCTION 31

and Association Agreements”, the Cotonou on behalf of the European Commission, Similarly, the European Union has a agreement or the Euromed agreement. There which defines the political strategy. Special particular focus on equality. According to is the expectation that the European emphasis is given to the struggle against Art. 141 Treaty Establishing the European constitution presently elaborated by a new torture and the death penalty, or the Community member states have to apply the convention may finally decide to give the campaign for the International Criminal principle of “equal payment for men and European Charter on Fundamental Human Court. women” and to adopt measures providing Rights a binding status. equality of opportunity. This has also been The European Union Monitoring Centre on the subject of regulations adopted by the The European Union has developed a human Racism and Xenophobia (EUMC), created European Council, which are of particular rights policy both for its internal relations as by the European Union to address the relevance in labor relations. well as its international relations, where it growing problem of racism and xenophobia forms part of its Common Foreign and in Europe and established in Vienna in 1998, Security Policy. The Annual Report on monitors the situation in Europe and II. THE AMERICAS Human Rights published by the Council of promotes activities against racism and the European Union reflects the importance xenophobia. In the same year, Art. 13 was The Inter-American system of Human Rights of this human rights policy for the European introduced into the Treaty on the European started with the American Declaration of Union in general. The Council makes public Communities empowering the Community to the Rights and Duties of Man, which was statements, but is also active behind the combat discrimination on the grounds of adopted in 1948, together with the Charter of scenes in a case-oriented “human rights racial or ethnic origin, religion or belief, age, the Organization of American States (OAS). diplomacy” and together with the European disability or sexual orientation. In 2000, the The Inter-American Commission on Commission pursues “human rights Council adopted directive 2000/43/EC on the Human Rights, created by OAS in 1959 and dialogues” with several countries like China implementation of the principle of equal consisting of 7 members, is the main body of and Iran. The European Parliament has taken treatment irrespective of racial or ethnic the system. a lead in keeping human rights high on the origin, in particular, in the fields of In 1978, the American Convention on EU agenda and also issues annual reports on employment, access to education and Human Rights, adopted in 1969, came into human rights. On its initiative financial training, and social advantages, which force, and since has been complemented by support for projects of NGOs in the field of applies both to public and private sectors two additional protocols, one on economic, human rights and democracy is available within the EU. social and cultural rights and one on the from the European Initiative for Democracy abolition of the death penalty. The United and Human Rights, operated by Europe Aid States is not a member of the Convention, 32 INTRODUCTION

although the seat of the Commission is in INTER-AMERICAN decide which cases are to transfer to the Washington. The Convention also provided SYSTEM OF HUMAN Court. In this way, in the past, the Court did for the Inter-American Court on Human RIGHTS not get many cases, which now seems to Rights, which was established in 1979 with have changed. The Court can also give its seat in Costa Rica, where the “Inter- • American Declaration on the Rights and advisory opinions, i.e. on the interpretation American Institute of Human Rights” is also Duties of Man (1948) of the Convention. Like the Commission it located. • Inter-American Commission on Human has seven members and works on a non- Rights (1959) permanent basis. There are several legal instruments granting • American Convention on Human Rights rights to women, but the Inter-American (1969/1978) The Commission can also undertake on-site Convention on the Prevention, Punishment • Additional Protocol on Economic, Social investigations and issues special reports on and Eradication of Violence against and Cultural Rights (1988) particular issues of concern. There are Women (Convention of Belem do Para), • Additional Protocol on the Abolition of the several NGOs, which assist victims of human which came into force in 1995, deserves Death Penalty (1990) rights violations to take cases to the Inter- special mentioning. It has already been • Inter-American Court on Human Rights American Commission on Human Rights and signed by 31 of the 34 member-states of OAS. (1979/1984) the Court. According to this Convention regular national • Inter-American Commission on Women reports are to be submitted to the Inter- (1928) American Commission on Women, • American Convention on the Prevention, established already in 1928. There is also a Punishment and Eradication of Violence III. AFRICA Special Rapporteur on the Rights of against Women (1994) Women (since 1994). The African system of human rights was created in 1981 with the adoption by the then Individuals, groups or NGOs can make OAU of the African Charter on Human and complaints, called “petitions” to the Inter- Peoples’ Rights, which came into force in American Commission on Human Rights, 1986. It provides for the African which may also request information on Commission on Human and Peoples’ human rights measures taken. The Inter- Rights, consisting of 11 members, which has American Court cannot be addressed directly, its seat in Banjul, The Gambia. Today, all 53 but only through the Commission, which can member states of the African Union (AU), INTRODUCTION 33

which succeeded the OAU in 2001, have The Commission has a large mandate in the detention and on women. The planned ratified the African Charter, which follows field of promotion of human rights, but can additional protocol on the rights of women the approach of the Universal Declaration of also receive complaints from states (which has not materialized so far. Human Rights uniting all categories of has never happened so far) and individuals human rights in one document. Its preamble or groups. Admissibility criteria are wide and The Commission also sends fact-finding refers to the “values of African civilization”, also allow for communications from NGOs or missions and organizes extra-ordinary which is intended to inspire the African individuals on behalf of victims of violations. sessions in particular cases, such as after the concept of human and peoples’ rights. However, the Commission cannot issue execution of nine members of the Movement Besides individual rights it also enunciates legally binding decisions, which is one for the Survival of the Ogoni People in 1995 peoples’ rights. Furthermore, it spells out reason why a protocol to the Charter on the and their unfair trial. An important part of duties, i.e. towards the family and society, establishment of the African Court on the momentum of the Commission comes which, however, have little relevance in Human and Peoples’ Rights has been from Non-Governmental Organizations practice. adopted and will come into force after 15 from Africa and beyond, which are allowed ratifications have been received. It will to participate in all public meetings of the consist of 11 judges. However, the Court can Commission. They often bring cases of AFRICAN SYSTEM OF be directly addressed by individuals only if violations and support the work of the HUMAN RIGHTS states make a special declaration in that Commission and its special rapporteurs. It is respect. Otherwise, it can receive complaints also important that governments make the • African Charter on Human and Peoples’ only through the Commission as in the Inter- Charter directly applicable in their national Rights (1981) American System. legal systems. This has happened, for • African Commission on Human and example, in the case of Nigeria with the Peoples’ Rights (1987) A regular monitoring of the national situation result that Nigerian NGOs as, for example, • Protocol on the Establishment of an of human rights should take place on the “Constitutional Rights Project” successfully African Court on Human and People’s basis of the examination of state reports by brought cases of violations of the Charter Rights (1997, not yet in force) the Commission, which, however, are often before Nigerian Courts. • Protocol on the Rights of Women (not yet irregular and unsatisfactory. Again, following adopted by AU) the UN practice, the Commission has Following the adoption of the UN-Convention • African Charter on the Rights and Welfare appointed special rapporteurs on extra- on the Rights of the Child in 1989 an African of the Child (1990) judicial, summary and arbitrary Charter on the Rights and Welfare of the executions, on prisons and conditions of Child was adopted in 1990. However, it only 34 INTRODUCTION

came into force in 1999 and in 2002 had been areas like ASEAN or the Asia-Pacific Forum EXAMPLE OF STABILITY ratified by only 27 AU-states. The Charter of National Human Rights Institutions, which PACT FOR SEE foresees the establishment of an African may finally also lead to an Asian Commission Committee of Experts on the Rights and on Human Rights in the future. On the level The Stability Pact for South-Eastern Europe Welfare of the Child which has to meet at of civil society, more than 200 Asian NGOs officially signed in Sarajevo in 1999 also pays least once a year. In view of the slow under the leadership of Asian Legal particular attention to human and minority ratification process it remains to be seen Resources Centre in Hong Kong, on the rights. For this purpose, its Task Force on whether this convention and its committee occasion of the 50th Anniversary of the Human Rights and Minorities based in will produce good results. UDHR in 1998, elaborated an “Asian Human Ljubljana has developed a common strategy Rights Charter” as a “Peoples’ charter”. There and linked up numerous activities for the is also a Euro-Asian Dialogue between the improvement of ethnic relations and the IV. OTHER REGIONS European Union and 10 ASEM states on protection of minorities and human rights. human rights, which has already had four Furthermore, an Arab Charter on Human sessions. A similar dialogue exists between Among the projects cooperating within the Rights has been elaborated by Arab human the European Union and China. Task Force is the network of human rights rights experts and adopted by the Council of centers in SEE, SEE HRC-Net. This network the League of Arab States in 1994 (Res. 5437 As an inter-regional agreement, the Cotonou of 9 mainly university-based human rights of 15 September 1994), but until 2002 did not Partnership Agreement between 78 African, centers, coordinated by ETC Graz together enter into force. Caribbean and Pacific (ACP) States and the with HRC Sarajevo organizes human rights 15 members of the European Union of 2000, training sessions at national and regional In spite of several attempts such as the in Art. 9 (2) recalls that “respect for human levels, summer schools and research Convention on Regional Arrangements for rights, democratic principles and the rule of projects, like the Manual on Human Rights the Promotion of Child Welfare 2002 of the law … constitute the essential elements of this for Non-Lawyers. It tries to contribute to the South Asian Association for Regional Agreement.” development of a culture of human rights in Cooperation, it has not yet been possible to SEE, by making people aware of their rights adopt a regional Human Rights instrument in and empowering them with this knowledge Asia or to establish an Asian Human Rights to contribute to the transformation of their Commission, not least because of the societies towards the rule of law, human diversity within the region. However, efforts rights and democracy as the three main are under way within regional integration elements of European identity. INTRODUCTION 35 I. THE PROBLEM J. INT. CRIMINAL OF IMPUNITY JURISDICTIONS

The struggle against impunity and for which, by a remarkable decision of the According to the statute of the International accountability has become a broad global House of Lords was finally granted, but not Criminal Court (ICC), adopted in Rome in concern. One major consideration is the implemented because of his poor health 1998, which came into force in 2002, the ICC prevention of further crimes, which usually condition. The principle of universal has been established in The Hague as a take the form of serious violations of human jurisdiction is applied by the ICC and on the permanent tribunal. Its jurisdiction covers rights and humanitarian law. Granting national level. the crime of genocide, crimes against impunity to major human rights violators humanity “committed as part of a wide- has been a practice worldwide to persuade Other forms of establishing accountability spread systematic attack directed against any undemocratic rulers, often generals, to hand without necessarily leading to the punish- civilian population”, which includes cases of over power to democratically elected ment of the perpetrators are “Reconciliation rape, sexual slavery, forced pregnancy or any governments. It must not be confused with and Truth Commissions”, which have been other form of grave sexual violence, the “amnesties” given for minor offences after established in South Africa and other enforced disappearance of people or similar wars or regime changes. Impunity goes countries as a form of non-retributive justice. inhumane acts causing great suffering, such against the principle of accountability, which They give the victims a chance at least to as serious injury to mental or physical health. increasingly is realized on the national and know the truth and society to learn the international levels, for example in the lessons of the past. The International Criminal Tribunal for the establishment of special and general Former Yugoslavia (ICTY) was established international criminal tribunals and courts. by the Security Council in 1993 in The Hague In the case of Argentina the Inter-American as an ad hoc tribunal to deal with massive In order to prevent human rights violations, Commission on Human Rights has found violations of human rights and humanitarian certain international conventions, like the that the amnesty laws granting impunity law in the territory of former Yugoslavia. UN Convention against Torture of 1984, violated the rights to judicial protection and Accordingly, its competences include grave provide for an obligation of universal fair trial. There has been an international breaches of the Geneva Convention of 1994 prosecution of perpetrators of crimes. In the campaign against impunity, in which local on the protection of victims of armed case of General Augusto Pinochet, the former NGOs played a major role. Finally, in 1998, conflict, crimes against humanity, like Chilean dictator, a Spanish judge in 1998 the amnesty laws were lifted. murder, torture, rape or other inhumane acts requested his extradition from the UK, committed in armed conflict, and genocide. It 36 INTRODUCTION K. HUMAN RIGHTS INITIATIVES IN THE CITIES

shares the prosecutor with the International Programs to strengthen human rights at the practices are exchanged by the signatory Criminal Tribunal for Rwanda (ICTR), municipal level are a new approach to use cities and communities. established in Arusha after the genocide in the human rights framework as a guideline 1994. Special tribunals have been established for social and economic development. On the The strategy of promoting human rights for Sierra Leone and Cambodia. initiative of the PDHRE, People’s Movement across communities, starting at the local for Human Rights Education – using human level has the advantage of being able to Like the ICTY and the ICTR, the ICC juris- rights education as a strategy for societal address human rights problems in daily life. diction is complementary to the national development – several cities, i.e. Rosario The method suggested by PDHRE and jurisdictions. Only if a state is not willing or (Argentina), Thies (Senegal), Nagpur (India), successfully applied in practice is to start able to persecute the perpetrators of crimes Kati (Mali), Dinapur (Bangladesh), the with jointly developing an inventory and will the ICC take up the case. All tribunals indigenous people of Abra (Philippines) and identifying the human rights realization and are based on the principle of individual the city of Graz (Austria) have declared violations in the city, leading to the responsibility, regardless of the official themselves “human rights cities” or “human elaboration of a strategy translated into a function of the accused. rights communities”. program of action. In this process inhabitants examine laws and policies on the use of Another initiative has been undertaken by resources in the city. They develop plans to In the case of the semi-international Special the city of Barcelona, where, in cooperation strengthen the realization of human rights Court for Sierra Leone, the court will with the city of Saint Denis, a “European and to overcome human rights problems in investigate murder, rape, sexual slavery, Charter for the Safeguarding of Human Rights their city. Together with the authorities they extermination, acts of terror, enslavement, in the City” was elaborated in 1998, which by pledge that all decisions, policies or strategies looting and burning. It intends only to 2003 had been signed by more than 300 should be guided by human rights. persecute those individuals, who bear the cities, mainly in Mediterranean Europe. The greatest responsibility for the suffering of the Charter contains political obligations based For this purpose, a holistic approach to people in Sierra Leone. It is the expectation to on international human rights, for example human rights is pursued, which means that promote national reconciliation through a regarding the rights of migrants, and all human rights, civil and political, judicial mechanism and thus to contribute to recommends the establishment of local economic, social and cultural including a a lasting peace. institutions and procedures for human rights gender perspective are addressed as a whole. protection, like ombudsmen, human rights In order to make people aware of their councils or a human rights balance sheet. In human rights, learning and training activities regular meetings, experiences of good are of utmost importance, including “train INTRODUCTION 37

the trainers” programs for teachers, EXAMPLE OF HUMAN RIGHTS CITY February 2001: administrators, the police, health and social OF KATI, MALI Unanimous decision of the City Council of workers, leaders of neighborhood Graz associations and NGOs. A monitoring April 2000: system, i.e. by a Steering Committee, which Start of the process May 2001: includes all sectors of society, oversees the Formal inauguration ceremony at Graz process, which is a long-term one. February 2001: University in presence of Ms. Shulamith General Assembly of Strategic Actors: Koenig On the international level, an association of establishment of the Orientation and human rights cities is under formation, Coordination Committee and operational June 2002: which will monitor the necessary self-control office Presentation of inventory and draft program and seriousness of the efforts of its members. of action elaborated with the help of more December 2001: than 100 individuals and organizations in Advisory Council of Eminent Persons the city hall of Graz EXAMPLE OF HUMAN RIGHTS CITY OF 2002/2003: October 2003: NAGPUR, INDIA Curriculum Development and Training Conference on results of the first Seminars on Human Rights Education implementation phase Phase 1 (January to June 1999): Identification of issues and stakeholders The process is coordinated by the European EXAMPLE OF HUMAN Training and Research Centre for Human Phase 2 (July 1999 to June 2000): RIGHTS CITY OF GRAZ, Rights and Democracy (ETC) in Graz, which Consolidation of activities with help of AUSTRIA also offers various human rights education working groups and training programs. September 2000: Phase 3 (July 2000 to December 2002): Announcement by Austrian Minister of Capacity-building and training activities; Foreign Affairs, Ms. Ferrero-Waldner at UN community mobilization in slums etc. Millennium Assembly 38 INTRODUCTION L. GLOBAL CHALLENGES AND OPPORTUNITIES FOR HUMAN RIGHTS

After several decades of successful standard- challenges can also be seen in the need to companies accept 9 basic principles in the setting the main challenge for human rights give closer attention to the inter-linkages fields of human rights, labor standards and became the implementation of the com- between human rights and humanitarian environment and engage in a result-oriented mitments undertaken. Several new methods law, like the “fundamental standards of dialogue related to global problems, i.e. the are being developed to strengthen the im- humanity” Human Rights in Armed role of business in zones of conflict. plementation of human rights, both on the Conflict Module. The same applies for the local and national as well as on the inter- relationship between human rights and A new challenge to human security and national levels. Among them is a more active refugee law, which exists both at the level of human rights has come from strengthened attitude of the international community, prevention of refugee problems and at the anti-terrorist measures taken by states after which now includes human rights officers in level of refugee return. In both cases the September, 11th, which partly have resulted in international missions and thus institutio- human rights situation in the country of the restriction of basic human rights. nalizes the consideration of human rights origin is decisive. For the treatment of inter- concerns in the field, which is also expected nally displaced persons, guiding principles Well established international to have an important preventive effect. have been developed. This raises the wider norms – the right not to be de- issue of human rights and prevention of tained arbitrarily or imprisoned Respect for human rights is also strengthened conflicts as well as the issue of post-conflict indefinitely, the right to due pro- at the local and national levels through the rehabilitation and reconstruction, which cess of law, an impartial jury and human rights capacity-building of local needs to be undertaken on the basis of an impartial judge, to legal repre- institutions, i.e. human rights cities and the human rights and the rule of law. sentation, to be free from inhu- establishment of national institutions for the mane and degrading treatment – promotion and monitoring of human rights, Accountability for human rights violations these norms are under siege today. in which non-governmental organizations as and respect of human rights has become a We have to draw a line and defend representatives of civil society play a major global concern, which is required not only of them. This too is a grave question role. There is still a need for standard-setting individuals, but also of non-state actors like of security. For when security is in new fields of concern as can be seen from transnational corporations (TNCs), and of defined too narrowly – for the additional protocol for the protection of inter-governmental organizations, like the example, as nothing more than a the rights of children, the issues related to World Bank, the IMF or the WTO. state’s duty to protect its citizens – biotechnology and genetic engineering and then the pursuit of security can trade with human organs. In the case of TNCs, on the proposal of the lead to the violation of the human Secretary-General of the United Nations, Kofi rights of those who are outside the At the same time, existing human rights can Annan, the Global Compact was launched in circle of the protected. be made more visible by focusing on “core July 2000 as a new, innovative approach in SERGIO VIEIRA DE MELLO, UN HIGH COM- rights” like in the ILO-approach. New the process of globalization. Participating MISSIONER FOR HUMAN RIGHTS, 2003 INTRODUCTION 39 M. REFERENCES

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UNIVERSALITY EQUALITY INDIVISIBILITY AND INTERDEPENDENCE

»The international community has just emerged from an era of commitment. It must now enter an era of implementation, in which it mobilizes the will and resources needed to fulfil the promises made.«

KOFI ANNAN, UN SECRETARY GENARAL, 2001

PROHIBITION OF TORTURE

HUMAN DIGNITY AND PERSONAL INTEGRITY INHUMAN AND DEGRADING TREATMENT TORTURE

»No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.«

ARTICLE 5, UNIVERSAL DECLARATION OF HUMAN RIGHTS 44 PROHIBITION OF TORTURE ILLUSTRATION STORY

I was stopped in the street on 25 November After that, I was taken to an office and The European Court of Human Rights, after 1991 at about 9 a. m. There were no problems threatened with burns if I did not talk. When examining the facts and evidence of the case at that stage . . . I was then taken to Bobigny I refused, they lit two blowlamps which were Selmouni vs France, unanimously decided on police station. I was taken up to the first floor, connected to two small blue gas-bottles. They 28 July 1999 that there has been a violation where about eight people started hitting me. I made me sit down and placed the blowlamps of Art. 3 of the European Convention on had to kneel down. One police officer pulled about one metre away from my feet, on which Human Rights and Fundamental Freedoms. me up by my hair. Another policeman hit me I no longer had shoes. At the same time they repeatedly on the head with an instrument were hitting me. Following that ill-treatment, SOURCE: EUROPEAN COURT OF HUMAN RIGHTS, CASE OF resembling a baseball bat. Another one kept they brandished a syringe, threatening to SELMOUNI V. FRANCE, JUDGMENT FROM 28 JULY kicking and punching me in the back. The inject me with it. When I saw that, I ripped 1999, STRASBOURG, FRANCE. interrogation continued non-stop for about an open my shirt-sleeve, saying `Go on, you hour . . . won’t dare’; as I had predicted, they did not carry out their threat . . . DISCUSSION QUESTIONS On 26 November 1991 I was questioned again by several police officers – three or four – at The police officers left me in peace for about 1. How would you characterize what some point in the day. . . . On that occasion fifteen minutes, then one of them said, `You happened to Mr. Selmouni? What thoughts they pulled my hair, punched me and hit me Arabs enjoy being screwed’. They took hold of did this story evoke in you? with a stick . . . me, made me undress and one of them 2. What do you think can be done to prevent inserted a small black truncheon into my similar actions from happening? Are you They all carried on assaulting me until anus. aware of already existing mechanisms on 1 a. m. I think that this session of ill- a local, regional or international level? treatment had begun at about 7 p. m. At one NB. When Mr Selmouni relates that scene, he 3. How do you think a society can support point they made me go out into a long office starts crying. and assist victims like Mr. Selmouni? corridor where the officer I presumed was in 4. Would you have taken a different position charge grabbed me by the hair and made me I am aware that what I have just told you is if you had known that Mr. Selmouni was a run along the corridor while the others serious, but it is the whole truth, I really did drug dealer? Why? positioned themselves on either side, tripping suffer that ill-treatment . . . me up . . . PROHIBITION OF TORTURE 45 NEED TO KNOW

1. A WORLD FREE FROM TORTURE Torture and ill-treatment are also regarded as psychological integrity of the human being prohibited under customary international and continue to demand a more concerted Imagine your whole body hurting and your law. Despite this prohibition, however, effort to prevent them from occurring in the soul crying, stunned with fear. You have lost torture and ill-treatment are still practiced. first place. your freedom and you have been deprived of Torture and inhuman and degrading your human dignity. You feel pain, treatment happen frequently and repeatedly, Contemporary developments, especially in humiliation and powerlessness – you have they are maybe happening at this very the field of international law, as well as the become a victim of torture . . . moment; they happen to people deprived of faster and broader methods for distribution their liberty, to people belonging to different of information, have increased awareness of Serious forms of ill-treatment are often ethnic, social and cultural groups, to young the problem of torture and other serious related and ascribed to societies and states and old, to women and men. No one is forms of ill-treatment, and have brought where human rights violations are a daily immune to torture; everyone can become a worldwide attention to this issue. Both occurrence. Surprisingly enough, torture is victim. governmental and non-governmental practiced in 2/3 of the world’s countries agencies and organizations have started to including highly industrialized and For a long time, torture and inhuman and identify and address not only the developed ones as well, contrary to the degrading treatment were perceived to be consequences of many forms of ill-treatment widely shared view that torture is a characteristic of times of warfare and slavery but also their inherent causes. Unequivocal phenomenon attributable only to poor and only, while their occurrence in times of peace international standards for protection and “uncivilized” societies. Even though torture was disregarded. Yet a closer examination of prevention have been established and widely or different forms of ill-treatment exist cases of torture and inhuman and degrading agreed upon. Additionally, a whole range of throughout the world, what differs, however, treatment today makes it clear that serious bodies for investigation, monitoring and from place to place is the manner and the forms of ill-treatment do not belong to the supervision, on both national and degree to which they are practiced. past. Throughout the years, as mankind has international levels, have emerged in order to progressed and developed, brutal ancient and safeguard those prevention standards and the The prohibition of torture is absolute and medieval methods have been replaced by non-derogative right of the prohibition of has been articulated in many international more sophisticated ones, yet equally cruel. torture and other forms of cruel, inhuman and regional treaties. It belongs to those However, their effect and outcome have not and degrading treatment and punishment. human rights considered non-derogable, i. e. altered; torture and other serious forms of ill- valid under all circumstances and not treatment continue to be a severe threat to allowing state derogations on any ground. human security as well as to the physical and 46 PROHIBITION OF TORTURE

» Man torturing man is a fiend beyond description.« Prohibition of Torture and Human Security ratification and accession by General The threat of torture and ill-treatment is a HENRY MILLER Assembly resolution 39/46 of 10 December direct threat to the security of any person. 1984; came into force on 26 June 1987). That Thus, protecting human life and preserving 2. DEFINITION AND DESCRIPTION definition in Art. 1 of the Convention the physical and psychological integrity of OF THE ISSUE designates torture as: the human being has turned into a central “any act by which severe pain or suffering, concern of the human security approach. whether physical or mental, is intentionally Safeguarding the sanctity of life of any What is Torture? inflicted on a person for such purposes as human being relates closely to the absolute Defining phenomena like torture and ill- obtaining from him or a third person prohibition of torture and any other form of treatment in a broadly acceptable way has information or a confession, punishing him ill-treatment. The full realization of the right long been a challenge, even though their for an act he or a third person has committed to life and personal integrity as well as the condemnation and prohibition has been or is suspected of having committed, or absolute prohibition of torture and other generally accepted as a norm of customary intimidating or coercing him or a third forms of cruel, inhuman and degrading international law, i. e. applicable to all states. person, or for any reason based on treatment or punishment is primary to any The internationally agreed provisions for the discrimination of any kind, when such pain quest for human security. Indisputably, absolute prohibition of torture, which are or suffering is inflicted by or at the instigation raising human rights awareness through formulated in a number of international legal of or with the consent or acquiescence of a human rights education and learning, texts, have not been a sufficient guarantee public official or other person acting in an together with improved legal framework for against the occurrence of torture. Seemingly, official capacity. It does not include pain or protection against and prevention of torture there has always been definitional leeway, suffering arising only from, inherent in or and ill-treatment will become corner stones leaving a margin of interpretation to state incidental to lawful sanctions.” for enhanced human security and well-being. authorities thus ensuring their acceptance of The Statute of the International Criminal the international rules in principle. It is important to note that this legal Court, whose establishment has been definition takes into account both the fervently advanced by the Human Security A legal definition of torture has been psychological and physical dimensions of Network, explicitly recognizes torture as a included in and endorsed by all signatory torture and ill-treatment, even though it is crime against humanity and a war crime and states of the United Nations Convention not all-inclusive and does not elaborate upon thus places an additional special emphasis against Torture and Other Cruel, Inhuman or those different levels in detail. It also on preserving human life and human Degrading Treatment or Punishment, 1984 excludes lawful sanctions, i. e. sanctions security. (adopted and opened for signature, prescribed by national law, which in certain » Torture is an atrocious violation of human dignity. It dehuma- PROHIBITION OF TORTURE 47 nizes both the victim and the perpetrator. The pain and terror deliberately inflicted by one human being upon another leave permanent scars: spines twisted by beatings, skulls dented by cases raise questions as to whether those tools and methods of torture rather than rifle butts, recurring nightmares sanctions may contradict the overall spirit regressing have evolved; this in turn has that keep the victims in constant and aims of the Convention. The definition augmented their cruelty and inhumanity. A fear. Freedom from torture is a does however add to the general number of torture techniques widely fundamental human right that understanding, as stated by the UN practiced currently do not leave visible must be protected under all Commission on Human Rights, that “all physical marks on the body but nevertheless circumstances.« forms of torture and other cruel, inhuman or have a detrimental effect upon the internal degrading treatment or punishment, [. . .] can KOFI ANNAN, UN SECRETARY GENERAL organs as well as the psychological integrity never be justified under any circumstances of the victim. whatsoever.” The Special Rapporteur on treatment and torture is the nature of the act In general, the methods of torture can be Torture also upheld that “the legal and moral committed and the purpose behind it, the classified in two major groups: physical and basis for the prohibition of torture and other degree of its severity as well as the cruel psychological. cruel, inhuman or degrading treatment or means used. In other words, the more cruel, Physical torture causes extreme pain and punishment is absolute and imperative and painful and intentional an act is, the more excessive suffering of the victim. In its most must under no circumstances yield or be sub- inclined a court is to examine it as a case of cruel forms it can also lead to mutilation, ordinated to other interests, policies and torture. disfigurement or lasting injury. The torture practices.” methods most often employed are beating On the occasion of the UN International Day Distinguishing elements of torture under the with whips, metal objects, stones, cables and in Support of Victims of Torture – 26 June, UNCAT are: batons, kicking and hitting against a wall. the International Rehabilitation Council for • An intentional act that causes severe The so-called “falaka” or “phalange” method Torture Victims asserted that “torture is one physical or mental suffering; (the fierce beating of the victim on the soles of the most horrible things one person can • An act that is inflicted for a purpose; of his/her feet), is almost as widely used as do to another. The aim of torture is to cause • By a state official or person acting in an the electro shocks method, suffocation, as much pain as possible without letting the official capacity. binding and burning with cigarettes or the victim die . . .” The deliberate infliction of exposure of the victim to extremely low or pain and suffering, either physical or psycho- Methods of Torture – high temperatures. logical, is a characteristic of both torture and How is Torture Done? Psychological torture includes deprivation inhuman and degrading treat-ment. In legal In principle, anything, from water to and exhaustion techniques such as terms, the distinction, though subtle, bet- household utensils, can be turned into an deprivation of food, water, sleep, and ween acts of inhuman and degrading instrument of torture. Today, however, the sanitary facilities, communication depriva- 48 PROHIBITION OF TORTURE

tion techniques such as solitary confinement frequently been employed as a tool for and implemented. Ill-treatment happens most and cutting off contact to either other political repression and oppression, for often in prisons, police stations and other detainees or the outside world, coercion and punishment, for revenge as well as for detention centres, but cases of its occurrence intimidation techniques, such as forced silencing opposition. Traditionally, torture in private homes, or in specialized medical presence during the torture of other people, and other forms of ill-treatment have been facilities for the incurable or mentally sick are threat of execution or a simulated execution, utilized to obtain information and get a not a rare exception. Remand prisoners and continuous humiliation and terrorization, confession, even though confessions under sentenced criminals are an especially etc. Additionally, sexual violence is often duress and physical coercion have a vulnerable group to acts of ill-treatment used as a method of both physical and questionable utility, if any. because they are dependent upon the psychological incapacitation of the victims. Cruel and degrading treatment are also authorities for their most basic needs. These All torture methods in use are a grave assault practiced as a method to threaten, scare and places of detention are by definition closed, to the dignity of the human being and a dehumanise people, as a means to humiliate, thus, the people detained find themselves out violation of his/her human rights. A world to instil a feeling of uselessness and inferiority of sight of the rest of society and are free from torture will mean a world free from and ultimately destroy their personality. All of frequently a group for which the general deliberate infliction of pain and the use of those acts, motivated by different intentions, public have very little empathy or sympathy. those cruel means by one person on another. have a long-lasting impact on the personality Minorities, be it social, religious, or ethnic as of the tortured person. The physical well as refugees and asylum seekers are often Motives for Torture – rehabilitation and recovery often take years subject to degrading treatment and run the Why is Torture Practiced? and the consequences can not always be fully threat of re-traumatization. Elderly and The motives for torture vary widely, but at treated. Furthermore, psychological scars mentally disabled people living in special the core there is frequently a deliberate and mark the victims for the rest of their lives and establishments and hospitals, often purposeful drive. The desire to demonstrate often prevent them from having a fulfilling disregarded and even forgotten, can fall power or simply hide weakness often leads to existence. victim to torture-like practices due to bad torture or serious forms of ill-treatment. material conditions resulting from insufficient During different epochs in world history, Victims and Perpetrators of Torture, resources to assure a decent standard of torture has been used as a means to retain Inhuman or Degrading Treatment living, medical care and ageing in dignity. control and exercise power over opponents or Anyone can become a victim, especially in Children, men and women, young and old, people embarking on progressive ideas and societies where there is no tradition of the can all become victims of torture. No one is thus implicitly threatening authority and rule-of-law, or rather the laws and the invulnerable to the effects of serious forms of governing systems. Torture has thus commitments they entail are rarely obeyed ill-treatment- the perpetrators are affected as PROHIBITION OF TORTURE 49

» They always asked to be killed. Torture is worse than death.« well. They are most often police or military individual’s right to dignity. However, as officers, acting in their official capacity. JOSE BARRERA articulated by the UN Committee against There are numerous cases in which perpe- Torture in the Conclusions and Recommen- trators of ill-treatment or torture act upon physical and spiritual life of Muslims. In the dations of the Committee against Torture: orders or as part of specialized groups in Shariah Penal Code Law of the Zamfara State Israel. 23/11/2001, “the Committee remains which such practices are a daily occurrence. of Nigeria from January 2000, for example, unconvinced and reiterates its concern that Also, medical and security personnel in caning and amputation are punishments torture, as defined by the Convention, has not facilities for people with special needs can prescribed by law, together with death and yet been incorporated into domestic legis- become perpetrators of ill-treatment due to imprisonment. Likewise, in Saudi Arabia, lation.” negligence, lack of control and supervision or Iran, Libya and Afghanistan, religious courts These two examples show that even though lack of resources or training. based on the Shariah law principles take the standards for prohibition of torture are similar views in their rulings. universally accepted, their interpretation and The Israeli General Security Services, for implementation may differ from country to 3. INTERCULTURAL PERSPECTIVES instance, have continuously been criticized country. It is, however, an open-ended AND CONTROVERSIAL ISSUES for using “moderate physical pressure”, often question whether those differences reinforce amounting to torture, as an interrogation the universal and absolute prohibition of tor- Differing cultural practices and technique. The adoption of the recom- ture in a culture-sensitive context or overtly perceptions undoubtedly affect the mendations of the Landau Commission of contradict the aims and the spirit of both understanding of international legal norms Inquiry Report in 1987, in which the use of “a customary and codified international law. and standards and often shape their moderate measure of physical pressure” A number of other controversial issues and interpretation through a specific cultural during interrogation is justified on the basis arguments can also be raised. Currently, prism. For example, corporal punishment, or of necessity, has provoked heated debates. especially in the United States, there is a the infliction of pain with a cane or a whip However, no clarification followed the heated debate as to whether terrorism is used as a corrective measure, is a widespread recommendations as to where the limits of different from other human rights violations form of ill-treatment. Within the Islamic “moderate physical pressure” are and where and crimes and thus necessitates the Shariah law tradition, however, corporal the torture practices start. Only in 1999, the endorsement of special standards to prevent punishment or even amputations are not Israeli Supreme Court in the case Public it and fight it. A few countries such as only an accepted practice but also legalized Committee against Torture in Israel v. the Ireland, Turkey, and the USA have anti-terror throughout a number of religious courts State of Israel, decided that the use of laws in which fast-track procedures are which regulate not only marriages and “moderate physical pressure” is illegal as it introduced, as compared to the usual inheritance but also other areas of the infringes the constitutional protection of the national penal procedures, and some human 50 PROHIBITION OF TORTURE

rights and freedoms are, as a consequence, of cruel, inhuman and degrading treatment state concerned its final views and recom- being curtailed. Following 11 September have been substantially developed and mendations for action. The United Nations 2001, a renewal of an age-old debate of improved. An increasing number of states Committee against Torture is closely co- whether it is acceptable to torture terrorists have signed, ratified and translated those operating with the UN Special Rapporteur on (criminals) in order to save other people’s international legal commitments into Torture Good to Know, the European lives, could be witnessed. Closely related to domestic legislation and practice. Strong Committee for the Prevention of Torture and this issue are questions as to whether victims regional systems for the prevention of and the United Nations Voluntary Fund for are entitled to greater protection of their protection against torture have evolved (in Victims of Torture. A full record of the work human rights than criminals and if the value Europe for example) and national inspection/ of the Committee is annually published and of life of a perpetrator of crimes or terrorist visiting mechanisms have also emerged. distributed. attacks is as much as the value of life of any Internationally, the UN Committee against other human being. Torture and the UN Special Rapporteur on There are no right or wrong answers amidst Torture, together with a large number of Latest Development: The those complicated contradictions and NGOs, are monitoring the implementation of latest development from the 57th UN General unresolved moral dilemmas, but inter- the state commitments to prohibit torture Assembly Session in New York in 2002 is the national lawyers consistently advocate the and torture-like practices. adoption of an Optional Protocol to the UN position that a duality of standards is The United Nations Committee against Convention against Torture and Other unacceptable and that international legal Torture (UNCAT), the UN monitoring body Cruel, Inhuman or Degrading Treatment or standards should not be selectively applied. established in accordance with Art. 17 of the Punishment from 1984. The Protocol is Only in this way, many believe, can the spirit UN Convention against Torture, started work designed to prevent torture and other forms and function of international law as a on 1 January 1988. UNCAT examines the of ill-treatment by establishing a regular guardian of world peace, human security and reports by the state parties to the convention system of visits to places of detention by understanding among states, be preserved. that are due to be submitted every four years; international and national expert bodies. The it can make an inquiry and request Optional Protocol will therefore establish a clarification or additional information related new international expert visiting body, a Sub- 4. IMPLEMENTATION AND to the facts in those state reports. Additionally, Committee of the UN Committee against MONITORING a state can make a declaration to allow the Torture. The Protocol also obliges states to Committee to consider individual or inter- establish national visiting bodies as well. Since 1948, the international law provisions state complaints, to examine them and send These international and national bodies will for the prohibition of torture and other forms to the author of the communication and to the regularly visit places of detention and make PROHIBITION OF TORTURE 51

» Open your newspaper any day of the week and you will find a report from somewhere in the recommendations for improvement in the world of someone being im- 1. Establishing an effective legal framework treatment of persons deprived of their liberty prisoned, tortured or executed and assuring its full implementation as and also in the conditions of detention. because his opinions or religion well as applying appropriate safeguards This focus upon prevention represents an are unacceptable to his govern- for prevention of torture – for example, innovative development within the UN ment . . . The newspaper reader fundamental safeguards in custody human rights system, as existing inter- feels a sickening sense of im- (access to lawyers, doctors, judges etc) national bodies can only act after a violation potence. Yet if these feelings of and the prohibition of incommunicado has occurred. Visits to places of detention is disgust could be united into detention, one of the most effective means to prevent common action, something effec- 2. Establishing control mechanisms and in torture and to improve conditions of tive could be done.« particular national visit mechanisms to detention. Through the Optional Protocol, for PETER BENENSON, FOUNDER OF places of detention, as well as providing AMNESTY INTERNATIONAL the first time in an international instrument, for independent monitoring and reporting criteria and safeguards for effective by civil organizations, preventive visits by national expert bodies 3. Ongoing training for those concerned are being set. viable and impartial national implementation such as police officers, prison guards, This Protocol is therefore considered to be a and monitoring systems in all UN member lawyers, judges, medical doctors etc. real step forward for strengthening the states on the national and local level. international and national prevention Furthermore, providing the victims of torture Everyone can be involved in torture pre- mechanisms against torture and inhuman and inhuman and degrading treatment with vention activities through action, campaig- and degrading treatment. rehabilitation, legal aid and compensation as ning, lobbying for ratification of the However, even though the international legal well as assisting their reintegration in societal international instruments and their national safeguards for torture prevention abound, life are all essential requirements for just and implementation, through letters and appeals they are not fully implemented at the fair national orders. writing. Through NGO work and volun- national level. It is imperative that national teering, we can all contribute to awareness legislation provisions be harmonized with It can be seen that there are three main raising and education activities in the family, international standards and national systems aspects to the effective prevention of in our local community or region. Last but for monitoring and reporting be created. The torture: not least, we can assist the victims of torture full eradication of torture can only become a with knowledge of how their concerns can be reality once the international standards that addressed, we can support them by helping have been elaborated find their place in them report their cases and take legal action against the perpetrator(s). 52 PROHIBITION OF TORTURE GOOD TO KNOW

1. GOOD PRACTICES Good practices to prevent torture and ill- • institution and capacity-building, influ- treatment can be: encing structures and institutions already In warm surroundings, even where life seems • grass root, action-driven – campaigning, in place, reforming them or building up difficult but is still somehow manageable, it lobbying, awareness raising, educational new institutions with local capacity to is really hard to imagine that there are activities on the local level deal with the problems. millions falling victim to cruel, inhuman or degrading treatment every year for being Activities of International Organizations countries where information suggests that who they are, for what they have done or torture may involve more than isolated and what they believe in. The Special Rapporteur on Torture – sporadic incidents; and submitting annual Today there are numerous activities world- Goals, Mandate and Activities reports on the Special Rapporteur’s activities, wide which belong to the tight network of The United Nations Commission on Human mandate and methods of work to the initiatives to mobilize society against torture Rights, in resolution 1985/33, decided to Commission on Human Rights and the practices wherever they occur regularly, to appoint a special rapporteur to examine General Assembly. educate others as a means to prevent questions relevant to torture, to seek and Unlike the treaty monitoring bodies inhuman treatment and offer legal assistance receive credible and reliable information on established under international treaties, the and physical and psychological rehabilitation such questions and to respond effectively to Special Rapporteur does not require the to torture victims. the information. The Special Rapporteur exhaustion of domestic remedies to act on Many of the practices are grass-root and submits a comprehensive report on his or her individual cases involving a risk of torture action-driven; others attempt to build local activities to the Commission each year, (“urgent appeals”) or on alleged acts of capacity and community knowledge as a reviewing the occurrence and extent of the torture (“allegations”). means of prevention and protection. Last but practice of torture, and making recommen- To submit information to the Special not least, institutional capacity-building and dations to assist Governments in stamping it Rapporteur you can write to: legislation improvement have their important out. The mandate of the Special Rapporteur Special Rapporteur on Torture roles in the process as well. All these levels covers all countries, irrespective of whether a Office of the High Commissioner for are inter-connected and indispensable, and State has ratified the Convention against Human Rights initiatives are being undertaken on all of Torture and Other Cruel, Inhuman and 8–14 Avenue de la Paix them. Degrading Treatment or Punishment. 1211 Geneva 10, Switzerland The mandate comprises three main activities: transmitting communications consisting of SOURCE FACT SHEET NO. 4 “COMBATING TORTURE” OF THE urgent appeals and allegation letters (alleged HUMAN RIGHTS FACT SHEET SERIES OF THE OFFICE OF cases of torture) to governments; undertaking THE UNITED NATIONS HIGH COMMISSIONER FOR fact-finding missions (country visits) to HUMAN RIGHTS, 2002. PROHIBITION OF TORTURE 53

The European Committee for the Pre- tee members have the right to speak to vention of Torture and Inhuman or Degra- detainees in private. ... Because I Am Fourteen ding Treatment or Punishment (CPT) It is hard for me to write about torture Working Methods because I am only fourteen now. I do not Establishment The Committee conducts periodic visits to all want to think about it, because I am only The CPT was set up under the European states parties and can also carry out ad hoc fourteen. I have to think about it – my town Convention for the Prevention of Torture and visits as necessary. Its findings are set out in and its people were tortured. That is why we Inhuman or Degrading Treatment or Punish- confidential reports to the government have become known all over the world. My ment, which was adopted in 1987. It began concerned and recommendations are made. town was tortured but not killed. They tried its work in 1989, when the Convention The confidentiality of the reports is an to kill the Danube and Vuka, but they did not entered into force. important basis for the Committee’s credi- succeed. How could they kill the hearts of my bility, and the permanent, constructive town? Two rivers, like sisters: one old, one Membership dialogue with governments has enhanced the young. They tortured them with bombs and Council of Europe member states. Since March CPT’s international standing. The reports, bullets. But they are still flowing, and their 2002, it has also been possible for non- together with the comments made by the hearts are still beating. They tried to kill the members of the Council of Europe to accede at governments concerned, can be published trees and grass, but they were not able to. the invitation of the Committee of Ministers. with the latters’ agreement. How could they kill the lungs of my town? The Committee is made up of doctors, law- They tortured them with fire and black yers and experts on police matters, prisons Possible Sanctions smoke, but they are still breathing. I am back and human rights. The number of members If the governments concerned refuse to co- in Vukovar after all these years. I can still see corresponds to the number of states parties to operate or improve the situation in line with tortured streets, houses, schools, churches … the Convention. Since March 2000, the the Committee’s recommendations, the CPT I feel freedom and peace, but deep down in President of the Committee has been the can exert political pressure by issuing a public my heart, I cannot forgive because I am only British criminologist Silvia Casale. statement. Up to now, it has exercised this fourteen. power three times: in 1992 and 1996 con- Terms of Reference cerning Turkey, and in 2001 concerning the An essay written by a child in Vukovar and The Committee carries out checks on the Chechen Republic of the Russian Federation. presented to the Center for Mental Health and treatment of people deprived of their liberty. Human Rights in Zagreb, Croatia on 26 June It examines police stations, prisons, psychia- CPT Visits and Reports 2001. tric hospitals and all other places where As of 07 April 2003, CPT conducted 152 visits people are detained, such as accommodation (100 periodic visits + 52 ad hoc visits) and facilities for asylum-seekers in the transit published 115 Reports. areas of international airports. The Commit- SOURCE: HTTP://WWW.CPT.COE.INT/EN/ABOUT.HTM 54 PROHIBITION OF TORTURE

Join Together against Torture Activities of Non-governmental territories. Amnesty International is a 12-POINT PROGRAM United Nations International Day in Support of Victims of Torture Organizations (NGOs) democratic movement, self-governed by a FOR THE PREVENTION In 1997, the UN proclaimed 26 June an nine-member International Executive OF TORTURE International Day in Support of Victims of Committee (IEC) whose members are elected Torture. Ever since, world-wide international every two years by an International Council Amnesty International calls on all networks for prevention and prohibition of representing sections. governments to implement the organization’s torture such as CINAT, the Coalition of Campaigning, reporting on human rights 12-Point Program for the Prevention of International Non-governmental Organiza- issues, lobbying with governments, on a Torture. tions Against Torture, have been specific human rights issue are activities campaigning for the full eradication of which AI launches annually. 1. Official condemnation of torture torture. Many individuals and celebrities In 2001 AI launched the The highest authorities of every country participate in those events. campaign “Take a step to should demonstrate their total opposition stamp out torture” against to torture. They should make clear to all The activities of Amnesty International the torture and ill-treatment law enforcement personnel that torture (AI) world-wide are an example of a of women, children, ethnic will not be tolerated under any holistic approach to both grass-root and minorities, lesbians, gays, circumstances. institution and capacity building bisexual and transgender 2. Limits on incommunicado detention endeavours. (LGBT) people. Torture often takes place while the On 28 May 1961, the British lawyer Peter By the end of the year, over victims are held incommunicado – unable Benenson published an article ”The Forgotten 35,000 people from 188 to contact people outside who could help Prisoners” in The Observer newspaper, countries had signed up on them or find out what is happening to London, United Kingdom (UK) which in- the torture campaign website, them. Governments should adopt spired the creation of Amnesty International. www.stoptorture.org, to take action on urgent safeguards to ensure that incommunicado Amnesty International today, with an cases by sending e-mail appeals. detention does not become an International Secretariat in London, has more In October 2000, AI adopted the 12-Point opportunity for torture. It is vital that all than one million members, subscribers and Program for the Prevention of Torture prisoners be brought before a judicial regular donors in more than 140 countries. which became a platform for international authority promptly after being taken into The AI movement consists of more than action to prevent torture and strengthen the custody and that relatives, lawyers and 7,800 local, youth, specialist and professional mechanisms to protect against its occurrence doctors have prompt and regular access to groups in approx. 100 countries and and institutionalization. them. PROHIBITION OF TORTURE 55

3. No secret detention 6. No use of statements extracted under 10. Compensation and rehabilitation In some countries torture takes place in torture Victims of torture and their dependants secret centres, often after the victims are Governments should ensure that should be entitled to obtain financial made to “disappear”. Governments should confessions or other evidence obtained compensation. Victims should be ensure that prisoners are held in publicly under torture may never be invoked in provided with appropriate medical care recognized places, and that accurate legal proceedings. and rehabilitation. information about their whereabouts is 7. Prohibition of torture in law 11. International response made available to relatives and lawyers. Governments should ensure that acts of Governments should use all available 4. Safeguards during interrogation and torture are punishable offences under the channels to intercede with governments custody criminal law. In accordance with accused of torture. Intergovernmental Governments should keep procedures for international law, the prohibition of mechanisms should be established and detention and interrogation under regular torture must not be suspended under any used to investigate reports of torture review. All prisoners should be promptly circumstances, including states of war or urgently and to take effective action told of their rights, including the right to other public emergency. against it. Governments should ensure lodge complaints about their treatment. 8. Prosecution of alleged torturers that military, security or police transfers There should be regular independent Those responsible for torture should be or training do not facilitate the practice of visits of inspection to places of detention. brought to justice. The principle should torture. An important safeguard against torture apply wherever they happen to be, 12.Ratification of international would be the separation of authorities wherever the crime was committed and instruments responsible for detention from those in the nationality of the All governments should ratify interna- charge of interrogation. perpetrators or victims. There should be tional instruments containing safeguards 5. Independent investigation of reports of no “safe haven” for torturers. and remedies against torture, including torture 9. Training procedures the International Covenant on Civil and Governments should ensure that all It should be made clear during the Political Rights and its Optional Protocol complaints and reports of torture are training of all officials involved in the which provides for individual complaints. impartially and effectively investigated. custody, interrogation or treatment of The methods and findings of such prisoners that torture is a criminal act. investigations should be made public. They should be instructed that they are Complainants and witnesses should be obliged to disobey any order to torture. protected from intimidation. 56 PROHIBITION OF TORTURE

Code of Ethics: The World 2. TRENDS • Currently, the prison populations are Medical Association (WMA) growing in almost all parts of the world. adopted in Tokyo in 1975 a Declaration • The trade in instruments of torture such In a parallel development, the number of Guidelines for Medical Doctors Concerning as shackles, leg irons, thumbscrews, women and juvenile prisoners is Torture and Other Cruel, Inhuman or whips and electro-shock technology has increasing dramatically as well. In the last Degrading Treatment or Punishment in dramatically increased in the last 20 World Prison Population Report of the Relation to Detention and Imprisonment. years. According to the 2001 “Stopping the UK’s Home Office, an increase of 69% of The WMA clearly voiced the position of the Torture Trade” report of Amnesty the prison population has been registered medical profession against torture and ill- International, the number of countries in 200 independent countries and treatment by proclaiming that “the doctor known to be producing or supplying territories for the last 10 years. This shall not countenance, condone or participate electro shock equipment rose from 30 in increase certainly puts a strain on prison in the practice of torture or other forms of the 1980s to more than 130 in 2000. staff and management and necessitates cruel, inhuman or degrading procedures, further training, increased human rights whatever the offence of which the victim of 3. CHRONOLOGY awareness and more resources. such procedures is suspected, accused or guilty, and whatever the victim’s beliefs or Prohibition of Torture and Other Cruel, Protection of Prisoners and Detainees motives, and in all situations, including Inhuman or Degrading Treatment or against Torture and Other Cruel, armed conflict and civil strife.” A number of Punishment – the Building Blocks Inhuman or Degrading Treatment or other national medical associations have Punishment elaborated their own codes of ethics against 1948: Universal Declaration of Human 1984: UN Convention against Torture and the involvement of doctors in torture and ill- Rights Other Cruel, Inhuman or Degrading treatment. 1949: The Four Geneva Conventions Treatment or Punishment 1957: UN Standard Minimum Rules for the 1990: UN Rules for the Protection of SOURCE: Treatment of Prisoners Juveniles Deprived of their Liberty THE WORLD MEDICAL ASSOCIATION ONLINE – HTTP://WWW.WMA.NET 1966: International Covenant on Civil and 1998: Statute of the International Criminal Political Rights Court 1979: UN Code of Conduct for Law 2002: Optional Protocol to the UN Enforcement Officials Convention against Torture and Other 1982: Principles of Medical Ethics Relevant to Cruel, Inhuman or Degrading the Role of Health Personnel, Treatment or Punishment (not yet in Particularly Physicians, in the force) PROHIBITION OF TORTURE 57 SELECTED ACTIVITIES

ACTIVITY I: helpful framework for understanding The facilitator has to make sure that the TORTURING TERRORISTS? complicated dilemmas following two rules are included in the list the participants elaborate: PART I: INTRODUCTION Target group: young adults, adults 1. Only one person at a time should be Terrorism and torture of terrorists and Group size/social organization: 10–12 speaking perpetrators of crimes sparked a heated Time: 90 min 2. The group has to invent a sign through debate after 11 September 2001 in particular. which to express disagreement or A lot of people have voiced both their Preparation: dissatisfaction in a respectful way opinions and concerns, yet in different ways. • Collect recent local and international Through the proposed discussion, an attempt newspaper clippings and articles, photos, PART III: SPECIFIC INFORMATION could be made to identify arguments for and as well as prepare and copy a collection of ON THE DISCUSSION against the questions posed, analyse them the international and regional human Introduction of the topic: within the human rights principles framework, rights standards on prohibition of torture As an introduction to the topic, please and discuss various other related issues. • Ask the participants to bring a topic- present in short the prepared newspaper Type of activity: discussion related item themselves clippings, contradictory statements by public officials, human rights documents and Discussion question: Material: coloured cards, copies of the provisions connected with terrorism and Is it acceptable to torture crime perpetrators material prepared, board or paper, markers prohibition of torture, etc. or terrorists in order to save other people’s Divide the group into two and make sure that lives? Skills involved: the groups examine and develop the • building argumentative and critical skills arguments For or Against in view of the PART II: GENERAL INFORMATION • communication skills universal human rights principles, moral and ON THE DISCUSSION • conflict management skills ethical considerations, etc. Aims and objectives: • opinion shaping, opinion sharing and Discussion rules: Discussion process: defending Before the discussion starts, ask the The discussion process has to be chaired with • acquisition of knowledge and raising participants to design their own rules and respect and sensibility. No participant should awareness of how a democratic society make sure that the whole group agrees and ever be given the feeling that her/his argu- should deal with torture-related issues accepts the proposed rules. ments or attitudes are inappropriate or foolish. • demonstrating that human rights and Post the rules visibly and consult them only Ask the participants to arrange the topic- rule-of-law provisions and norms can be a when problems arise. related items they brought to the room. 58 PROHIBITION OF TORTURE

Give time (45 min.) for smaller group work Tips for variation: PART IV: FOLLOW-UP and formulating arguments. If you want to give more structure to the Related rights / areas of further exploration: Start the discussion by asking the participants contents of the discussion you can give the right to life, death penalty, human security to present their arguments and post them to participants a handout called the left (Against) or the right (For) side of a The Ladder of Torture line through the room. Ask whether all agree • Someone has planted a bomb and admits ACTIVITY II: with the position of the proposed arguments it. We must torture to save lives. A CAMPAIGN and try to bring the group to discuss the • Someone is suspected of planting a bomb. AGAINST TORTURE differences in approach, understanding and We must torture to find out more. rationale of their positions. • Someone is close to someone suspected PART I: INTRODUCTION (plan 45 min. to 60 min.) of planting a bomb. We must torture the Prevention of torture and other cruel, inhuman friend/relative to find out the bomber’s and degrading treatment and punishment, Feedback: plans. raising awareness about and changing torture- After the discussion is over, please distribute to • Someone reports someone else who like practices and improving national all participants a red and a green card, for shares the same political views as the legislation around the world; all require a lot of example, and ask them to write down both bomber. We must torture that political ally knowledge, creativity and understanding. their positive and negative feelings about the to find out about others who support him. Through this activity, the participants will be content and the organization of the discussion. • Someone has refused to tell the police encouraged to try to translate their know- Finally, read the cards out loud and give time where a suspect is. This person must be ledge into action through building up for reflection. As an alternative, participants tortured to make sure others don’t dare campaigning and persuading skills. might pin the cards on the wall or pin board. do the same thing. PART II: GENERAL INFORMATION Methodological hints: If you use this handout, it first leads to ON THE ACTIVITY • Always keep and make use, if needed, of the questions of where to draw the line – Aims and objectives: a 5 minutes time-out (cooling down) when, if ever, could torture be justified? • awareness raising option when the debate is heated and • developing creative and innovative runs the risk of getting out of control SOURCE: approaches to complex problems NANCY FLOWERS ET AL. 2000. THE HUMAN RIGHTS • Give time for silent reflection when EDUCATION HANDBOOK. EFFECTIVE PRACTICES FOR • inventing real life-applicable solutions confusion or anger builds up LEARNING, ACTION AND CHANGE. MINNESOTA: HUMAN and torture-prevention tactics and • Try to summarize, clarify and mitigate RIGHTS RESOURCE CENTER OF THE UNIVERSITY OF methods MINNESOTA. arguments and do not take sides openly PROHIBITION OF TORTURE 59

Target group: young adults, adults Are there so many? How many can you think Feedback: Group size/social organization: 10 to 20 in of? Ask the participants one by one to groups of 4 or 5 characterize their experience with the Time: 150 min Activity process: exercise in one word or one phrase. Use brainstorming as a basis for defining the For a second round you can ask them what Preparation: characteristics of a Torture Neighbourhood they liked best and whether there was • Collect examples of torture prevention and a Torture-Free Neighbourhood (with less anything about the exercise they found activities put into practice locally, advanced groups, the facilitator has to disturbing. regionally, internationally prepare the definitions in advance). Then Finally, you can close the session by • Introduce and clarify the elements of a mark the two opposite corners of the room as encouraging them to share their ideas with potential campaign a Torture Neighbourhood and a Torture-Free the nearest AI section or other human rights • Collect and prepare a copy of the relevant one. You can decorate in advance both NGO and try to put them into action. international and regional human rights corners with posters, relevant journalistic standards on prohibition of torture and materials, photos, etc. Methodological hints: Split the group into smaller groups (4 – 5 • Let the participants be creative and avoid Material: coloured cards, copies of the members max) and identify 1 messenger per commenting or censoring any ideas material prepared, flip chart or paper, group. • Try to summarize, clarify and mitigate markers, shocking photos and stories of The purpose of the game is to transform the arguments and never take a side torture victims, etc. Torture Neighbourhood into a Torture-Free Neighbourhood through a torture awareness Tips for variation: Skills involved: raising campaign, posters, demonstrations, Depending on the group you work with you • creative thinking radio shows, theatre, lobbying, sport, etc. should be very careful about exhibiting • persuasion and communication skills The groups will have 60 minutes to prepare shocking details of torture photos or reports! • conflict management skills the elements of their campaigning strategy. The messengers have to move among the PART IV: FOLLOW-UP PART III: SPECIFIC INFORMATION other groups, negotiate with their members Invite AI or other experienced local activists ON THE ACTIVITY and help their own groups avoid duplications to share their experiences and eventually Introduction of the topic: of work and ideas. start a new group/campaign. For warming up, ask the participants to share Use the last 45 minutes for presenting the Related rights / areas of further exploration: as many as possible antonyms of torture. group work. right to life, death penalty, human security Record all answers on flipchart or board. 60 PROHIBITION OF TORTURE REFERENCES

Amnesty International News Service 102/99. 1999. Torture” of the Human Rights Fact Sheet series. Geneva: Walmsley, Roy. 2002. Findings 166: World Prison Israel Supreme Court to Rule on Torture and the Holding OHCHR. Population List. London: Home Office. available online of Hostages. AI Index: MDE 15/39/99,25 May. at: http://www.homeoffice.gov.uk/rds/pdfs/r166.pdf OSCE Office for Democratic Institutions and Human Amnesty International. 2001. Creating a Torture Free Rights. 1999. Zamfara State of Nigeria Shari’a Penal Code Law from World. London: Amnesty International. available online at: January 2000. available online at: http://web.amnesty.org/ai.nsf/4e5be749f06b3e4880256af Preventing Torture – A Handbook for OSCE Field Staff. http://www.zamfaraonline.com/sharia/introduction.html 600687348/0f211018993b3f2e80256b0a004c486 e/$FILE/ Warsaw: ODIHR. available online at: POL3200201.pdf http://www.osce.org/odihr/documents/guidelines/preve nting_torture/th_index.htm Association for the Prevention of Torture (APT). August 2002. Torture under International Law – Popovic, Sabina. 1999. Torture, Consequences and ADDITIONAL INFORMATION Compilation of Standards. Geneva: APT. Rehabilitation – Bosnia and Herzegovina : Manual. Sarajevo: CTV. Burgers, J. Herman and Hans Danelius. 1988. The Amnesty International USA: United Nations Convention against Torture – A Handbook UN Doc. A/55/290 from 11 August 2000. Interim Report http://www.amnestyusa.org/stoptorture/ on the Convention against Torture and Other Cruel, of the Special Rapporteur of the Commission on Human Inhuman and Degrading Treatment or Punishment. Rights on the question of torture and other cruel, Amnesty International: http://www.amnesty.org/ Dordrecht: Martinus Nijhoff Publishers. inhuman or degrading treatment or punishment. Association for the Prevention of Torture: Coyle, Andrew. 2002. A Human Rights Approach to Prison UN Doc. A/56/156 from 3 July 2001. Report of the http://www.apt.ch/ Management – A Handbook for Prison Staff. London: Special Rapporteur of the Commission on Human Rights Canadian Centre for Victims of Torture: International Center for Prison Studies. available online at: on the question of torture and other cruel, inhuman or http://www.icomm.ca/~ccvt/about.html http://www.kcl.ac.uk/depsta/rel/icps/human_rights_pris degrading treatment or punishment. on_management.pdf UN Doc. A/57/173 from 2 July 2002. Report of the European Committee for the Prevention of Torture: http://www.cpt.coe.int/en/ European Court of Human Rights. Case of Selmouni v Special Rapporteur of the Commission on Human Rights France from 28 July, 1999. available online at: on the question of torture and other cruel, inhuman or International Rehabilitation Council for Torture http://hudoc.echr.coe.int/hudoc/default.asp?Cmd=Query degrading treatment or punishment. Victims: http://www.irct.org Evans, Malcolm D. and Rod Morgan. 1998. Preventing UN Doc. CAT/C/XXVII/Concl.5 (Concluding Torture – A Study of the European Convention for the observations/ comments) from 23 November 2001. Special Rapporteur of the Commission on Human Prevention of Torture and Inhuman and Degrading Conclusions and Recommendations of the Committee Rights on the question of torture Treatment or Punishment. Oxford: Oxford University against Torture: Israel. http://www.unhchr.ch/html/menu2/7/b/mtor.htm Press. United Nations Convention against Torture and Other United Nations Committee against Torture(UNCAT): Giffard, Camille. 2000. The Torture Reporting Handbook. Cruel, Inhuman or Degrading Treatment or Punishment, http://www.unhchr.ch/html/menu2/6/cat.htm Essex: Human Rights Center of the University of Essex. 1984. World Organisation against Torture: www.omct.or Office of the United Nations High Commissioner for Human Rights. 2002. Fact Sheet No. 4 “Combating FREEDOM FROM POVERTY

REDUCTION IN INEQUITIES SUSTAINABLE LIVELIHOODS ACCESS TO RESOURCES PARTICIPATION DECENT STANDARD OF LIVING

»Everyone . . . is entitled to the realization . . . of the economic, social and cultural rights indispensable for his dignity. . . Everyone has the right to work . . . Everyone has the right to a standard of living adequate for the health and well being of himself and of his family, including food, clothing, housing and medical care and necessary social services . . . Everyone has the right to education . . .«

ARTICLES 22, 23, 25, 26, UNIVERSAL DECLARATION OF HUMAN RIGHTS 62 FREEDOM FROM POVERTY ILLUSTRATION STORY

“Dying of Hunger in a Land of Surplus” cards, which allow them to buy subsidized this summer, they had no work, and therefore When the crops failed and there was no work, grain from government shops. But in Bhoyal, nothing to eat. the villagers of Mundiar began searching for as elsewhere, the system has collapsed. The “Politicians are not interested in us”, one food in the jungle. They didn’t find any. local sarpanch [village head] handed out all woman, Nabbo, 50, said, as she prepared her Instead, they found grass. And so for most of the ration cards to cronies and members of his evening meal of chapattis made from sama – the summer, the village’s 60 households got own caste, the villagers said. He also wild grass seed. by eating sama – a fodder normally given to scratched out the names of widows entitled to cattle. But humans are not supposed to eat government pensions. The government shop- SOURCE: EXCERPTS FROM “DYING OF HUNGER IN A LAND OF SUR- grass, and soon the villagers, their cheeks owners, meanwhile, refuse to sell the cheap PLUS. CASTE AND CORRUPTION CONNIVE TO KEEP FOOD increasingly sunken, got weaker. They grain to the untouchable Sahariyas. Instead, FROM INDIA’S POOR”, LUKE HARDING IN BARAN, RAJAS- complained of constipation and lethargy. they get rid of it on the black market. When THAN. FRIDAY 15 NOVEMBER 2002. THE GUARDIAN. Finally, they started dying. the Sahariyas started dying, the shop-owners One villager, Murari, watched his entire filled in their ration cards in an attempt to try family slowly succumb. First his father, to conceal their scam. DISCUSSION QUESTIONS Ganpat, died, followed by his wife Bordi. Four The levels of malnutrition in India – a days later, he lost his daughter. country of 1 billion plus people – are among 1. What are the deprivations and vulnerabili- Across this remote part of north India – once the highest in the world. About one half of all ties experienced by the poor in Baran? covered in dense green forest but now made Indian children are malnourished, while Articulate these as “Violations of the barren by drought – it is the same story. Over nearly 50% of Indian women suffer from human rights to . . .”. the past two months more than 40 members anemia. And yet most of the grain on India’s of the tribal Sahariya community have vast food mountain is either thrown away or 2. What does this experience evoke in you starved to death. Some 60 million surplus eaten by rats. and what do you think needs to be done? tones of grain are currently sitting in It is those at the bottom of India’s hierarchical 3. Compare/contrast the situation of poverty government warehouses. This is, by any stan- caste system that suffer most. The tribal in Baran with what the poor in your dards, a large food mountain. Unfortunately, communities, who account for 30% of Baran country/context experience. What are the none of them reached Mundiar or any of the district’s population, are also the victims of images of poverty in your experience? other more remote interior villages in south- historical injustice. Before independence in 4. Do you see any connection between eastern Rajasthan. 1947, the Sahariyas eked out a living by increasing poverty and human security? hunting and growing a few crops. After Do you think that treating people this *** independence, officials drove them out of the ways such as those described in the Officially, nobody starves in India. Under a jungle and confiscated their land. The illustration story can have an effect on public distribution system, villagers who sink Sahariyas were forced to seek jobs as human security? If yes, what kind of below the poverty line are entitled to ration agricultural laborers. When the crops failed effects? FREEDOM FROM POVERTY 63 NEED TO KNOW

1. INTRODUCTION wages. In both cases, poverty exists because participate in decision-making processes, of lack of equity, equality, human security lack of good governance, lack of personal Although poverty has been seen as a and peace. security, inability to participate in the life of historical phenomenon, the forms in which it a community and threats to sustainable and manifests itself today are becoming Poverty means a drought of access in a world intergenerational equity. It is the denial of increasingly complex. This complexity is a of plentiful opportunity. The poor are not economic, social and political power and result of many factors, including the able to change their situation as they are resources that keeps the poor immersed in changing nature of relationships between denied the means of that capability due to poverty. humans, the relationship of society with lack of political freedom, inability to factors and processes of production and the outlook of governments and international institutions like the World Bank, the International Monetary Fund, or the United Nations towards various dimensions of poverty. Poverty and Human Security conceptual clarification as well as promotion Poverty, leading to grave food and social of public discussion, in addition to The concept of poverty has evolved over insecurities, is a direct infringement of identifying concrete projects for action related time. Poverty, which used to be seen as human security. It not only threatens the to institutional change for promoting equity income-related only, is now viewed as a existence of a great number of people but it and for the safeguarding of basic human multi-dimensional concept that derives from adds to their vulnerability to violence, security. A better understanding of conflicts and is closely linked to politics, geography, mistreatment and social, political and and values has to be integrated with history, culture and societal specificities. In economic voicelessness. investigation of the demands of health, developing countries poverty is pervasive Poverty is humiliating, as a poor woman in education, poverty removal and the reduction and is characterized by hunger, lack of land said, and it disgraces any person’s of gender inequality and insecurity.” and livelihood resources, inefficient human dignity. Thus poverty is both a state of deprivation redistribution policies, unemployment, Professor Amartya Sen, while stressing the and vulnerability. The resultant growing illiteracy, epidemics, lack of health services need for viewing the challenges of global inequality and discrimination between and safe water. In developed countries, equity and human security, somewhat nations and within nations violates the rights poverty manifests itself in the form of social differently stated “The urgent tasks include of the poor to live in security with dignity. exclusion, in rising unemployment and low 64 FREEDOM FROM POVERTY

2. DEFINITION AND DESCRIPTION • From a human rights perspective, the a livelihood and taking part in the life of OF THE ISSUE Office of the High Commissioner for a community. Human Rights views poverty as “a Defining Poverty human condition characterized by the Debates on how to index and measure There are various definitions of poverty and sustained or chronic deprivation of the poverty persist, but the complexity of human its manifestations: resources, capabilities, choices, security life means that poverty will always remain in • From the income perspective, poverty and power necessary for the enjoyment of search of a definition. Vulnerability and defines a person as poor, if, and only if, an adequate standard of living and other deprivation, being essentially subjective, his/her income level is below the defined fundamental civil, cultural, economic, cannot be narrowed to a rigid framework that poverty line. Many countries have political and social rights.” is universally applicable. adopted income poverty lines to monitor • In the Draft Guidelines: A Human progress in reducing the incidence of Rights Approach to Poverty Reduction Dimensions of Poverty poverty. The cut-off poverty line is Strategies by the Office of the High The phenomenon of poverty is understood defined in terms of having enough Commissioner for Human Rights, and articulated differently depending on the income for a specified amount of food. September 2002, poverty is viewed as an specific economic, social, cultural and According to the UNDP Human Deve- “extreme form of deprivation”. The Report political context. Going a step forward, we lopment Report 1997 “poverty means suggests that only those capability shall now try to relate the words included in that opportunities and choices most basic failures should count as poverty that are definitions of poverty (e. g. justice, to human development are denied – to deemed to be basic in some order of vulnerability, dignity, security, opportunities lead a long, healthy, creative life and to priority. While these may differ from one etc.) to real life issues, which would help enjoy a decent standard of living, society to another, the common set of explain the different dimensions of poverty. freedom, dignity, self-respect and the needs considered basic in most societies respect of others.” include the need of being adequately Livelihoods – Denial of access to land, • The Human Poverty Index (UNDP, HDR nourished, avoiding preventable morbidi- forests, water, e. g. in rural areas, state forest 1997) uses indicators of the most basic ty and premature mortality, being laws do not allow indigenous people to dimensions of deprivation – a short life, a adequately sheltered, having basic collect food and fodder that rightfully belong lack of basic education and a lack of education, being able to ensure the to them. In the urban context, the city wants access to public and private resources, security of the person, having equitable rural migrants for their labor, but does not thereby acknowledging that human access to justice, being able to appear in take responsibility for their shelter, health poverty is more than income poverty. public without shame, being able to earn and educational needs, pushing them further FREEDOM FROM POVERTY 65

into vulnerability and insecurity. Acts of workers’ compensation or the rehabilitation are forced into exploitative labor such as discrimination based on caste, ethnicity and of displaced people, which costs the poor waste recycling, leather tanning or race have also been critical factors for their livelihoods. agriculture. denying communities and groups access to natural resources vital for their livelihoods Organization – Denial of the right to Groups Susceptible and therefore their human right to live in organize, assume power and to resist to Poverty dignity. injustice, e. g. poverty interferes with the Though poverty is a widely spread pheno- freedom of workers to organize themselves menon and affects people all over the world, Basic needs – Denial of food, education, for better working conditions. it is particularly acute for women and healthy living and housing, e. g. commer- children. cialization of water, electricity, school and Participation – Denial of the right to hospital services push the prices of essential participate in and influence decisions that Feminization of poverty has become a services beyond the reach of the poor, forcing affect life, e. g. growing collusion of political significant problem in countries with them to sell their meager assets and live a and corporate interests usurp the space of economies in transition due to the increase in sub-human existence, which ultimately robs citizens to effectively participate in public male migration, unemployment and due to them of the right to living in dignity. matters such as the provision of basic the proliferation of household export- services. Illiteracy and lack of information oriented economies that are underpaid for Justice – Denial of justice per se or timely due to displacement deny refugees the right their labor. Most female labor is justice, e. g. the poor in many countries to determine their future. Most Roma, due to undocumented and unpaid. Women are cannot access the judicial system due to the their migratory nature, are often not even preferred to men as labor in many sectors of high costs associated with it. Youngsters from listed on electoral registers and therefore economy as they are seen as a `docile slums, ethnic, racial or religious minorities cannot vote. workforce.’ In many communities, women do are the first to be rounded up as easy not possess and do not have control over suspects for crimes not even committed by Human dignity – Denial of the right to live a land, water, property and other resources, them, or women who seek intervention by life in respect and dignity, e. g. in rural areas, and face social and cultural barriers in the police in matters of domestic violence are caste, ethnic, racial and other minority realizing their human rights. disregarded on the pretext of the issue being groups who form a large part of the landless Human Rights of Women Module. a private matter. Often, due to pressure from or marginal landowners are forced to the state and other powerful lobbies, courts compromise their dignity for earning meager Poverty denies children the opportunity to are seen to delay judicial matters relating to wages. Children, instead at being at schools, fulfill their potential as human beings and 66 FREEDOM FROM POVERTY

makes them vulnerable to violence, The Structural Adjustment Programs North America and Oceania combined with trafficking, exploitation and abuse. Higher (SAPs) of the World Bank and the stabili- slow growth on the Indian Subcontinent and infant and child mortality is often caused by zation packages of the International consistent slow growth in Africa contributed malnutrition; high child/adult ratios are an Monetary Fund came with the promise of to the increase in global inequality in the additional cause for income poverty. With generating expanded opportunities of second half of the 20th century. Even in the rapid urbanization the number of children employment, income, wealth and economic OECD (Organization for Economic Coopera- living on the streets is increasing. Around 113 development by integrating national econo- tion and Development) countries, the gains million children all over the world (97% of mies into a global economic system. SAPs have been captured by the richest people, which are in developing countries) have that seek to eradicate poverty through fiscal with the incomes of the top 1% of families never been to school and fall easy prey to discipline without addressing the inequities growing 140%, three times the average, different forms of exploitation or child labor. in the distributive systems may intensify resulting in a dramatic increase in income Furthermore, increasing commercialization poverty as countries spend money to pay off inequality and the emergence of the ”new of education and health services is depriving debts to the neglect of expenditure on basic poor’’. children of their basic constitutional rights in services like health, education and shelter. many countries. • The richest 5% of the world’s people The neo-liberal globalization puts an have incomes 114 times larger than those emphasis on production for exports and of the poorest 5%. Why does Poverty Persist? ignores the basic rights of people to fulfill • The income of the richest 25 million Northern governments which control the their own needs and earn a livelihood with Americans is equal to that of almost governance of the world economy are dignity. The rollback of the state from its 2 billion of the world’s poorest people. content to tolerate and maintain trade and welfare responsibilities of health, education, financial structures which concentrate food and shelter and absence of safety nets Today, a quarter of the world’s people live in wealth in the industrialized world and exert pressure on the poor. Inflation, severe poverty confined to the margins of exclude the poorest countries and people contraction of employment and erosion of society. According to the Human Develop- from a share in global prosperity, resulting in real wages brought out by liberalization and ment Report 2002 of UNDP, an estimated inequality among nations of the North and privatization of assets also affect the poor. 1.2 billion people survive on less than the South. Interestingly enough, both within equivalent of $ 1 a day. A billion people are developed and developing countries there is The UNDP Human Development Report 2002 illiterate. Everyday 30 000 children around a widening gap between the rich and the points out that rapid economic growth in the world die of preventable diseases and by poor. already rich countries of Western Europe, the end of 2000 almost 22 million people had FREEDOM FROM POVERTY 67

died of AIDS. 1/3 of the people in least in a particular society. Absolute Poverty Although Jim’s basic economic needs are developed countries – most of which are in denotes that people are poor in relation to being taken care of, he experiences exclusion Sub-Saharan Africa, are not expected to what is held to be the standard of minimum and stagnation and is unhappy with his survive to the age of 40. requirement. An individual who is catego- atomized existence and powerlessness. The rized as absolutely poor by American latter indeed shows that Jim is relatively poor standards may be considered relatively poor, in comparison to others from his society who 3. INTERCULTURAL say, in the African context. are socially and politically active. PERSPECTIVES AND CONTROVERSIAL ISSUES Jim Harvey a resident of Possilpark in the Social Exclusion UK speaks of his experience of poverty that Social exclusion is often used synonymously may be termed as relative poverty: “Poverty! with `relative poverty’, but the concepts are What does it mean to me? Well, I’m a 48 year not identical. Social exclusion may lead to old man, married with a non-dependent poverty and at the same time social exclusion family. I live in Possilpark situated in the may be the outcome of poverty. In the case of north of Glasgow. There is no doubt about my Jim, social exclusion has resulted in working class background. Well, there could paralyzing his political existence, whereas in be a bit of debate about that, as for many the case of the Sahariya community of years I have been unemployed and highly Rajasthan, their economic poverty and dependent on benefits. So what about destitution have been instrumental for their poverty? To me it is about being `skint’. Being social exclusion. unable to enhance my lifestyle due to poor diet and being unable to participate in leisure activities. Also, there is the stigma that DISCUSSION poverty breeds. There is also the apathy trap QUESTIONS of feeling powerless, oppressed, valueless, Relative Poverty and Absolute Poverty excluded, . . . why? Why me? . . .” Does a larger population automatically Relative Poverty denotes that a person or a translate into more poverty? group of people is poor in relation to others SOURCE: It is commonly believed that high population LOTHIAN ANTI POVERTY ALLIANCE, or in relation to what is considered to be a HTTP://WWW.LAPA.ORG.UK growth in least developed and developing fair standard of living/level of consumption countries is responsible for widespread 68 FREEDOM FROM POVERTY

poverty in these nations. This argument is Will sustainable development lead to poverty Financing poverty eradication would be advocated by the respective governments reduction? much easier if international institutions like from the South and the North to divert Poverty pushes the poor to choose the World Bank, International Monetary attention from the central issues that are the unsustainable ways of living. The absence of Fund, and the governments of the OECD root causes of poverty in these regions. These sanitation facilities and disposal systems, for countries would actually decide to write off issues are continued extraction and instance, as well as lack of fuel may make the existing debts against concrete commitments exploitation of natural resources by poor resort to practices that contribute to by governments to channel funds into commercial interests from the developed environmental degradation. Only if poverty eradication based on local social countries resulting in disenfranchisement of developed countries decide to respect the requirements. rights of communities over resources; lack of commitments they have been making to the allocation of funds to basic amenities such as world as reducing greenhouse gas emissions, The estimated costs would be further education, health and water, provision of bringing in energy efficiency standards and reduced if respective states decide to which could substantially reduce the paying transaction taxes for movement of undertake radical reforms in the area of mortality and disease rates of women and capital across borders, could sustainable redistribution of wealth and resources and children; and increasing conflicts and wars development be achieved, resulting in a decide to give their developmental spending for gaining control over resources, causing substantial reduction of poverty. priority over defense expenditures. political, social and economic instability. Is it possible to finance poverty eradication? The argument that the large number of poor Yes it is. The additional cost of achieving 4. IMPLEMENTATION AND people stands in the way of the progress of a basic social services for all in developing MONITORING nation is not valid as it is actually the countries is estimated at about US $ 40 redistribution policies of many governments billion a year, which is approximately one- Globalization and its controversial impli- which are responsible for allocating the gains tenth of the US defense budget for 2002-03 or cations are generating new forms of poverty. of development in a just manner. Similarly, US $ 8 billion less than the net income of the Moreover, these new forms are being the notion that the poor are responsible for richest man for the year 2001-02. Most of manifested in societies that are at different consuming natural resources and for these resources can also come from levels of socio-political and economic environmental degradation is disputable as it restructuring existing spending by national development, comprising people of different is actually the rich that have higher levels of governments and multilateral banks (World faiths, beliefs and cultures. For example, the consumption than the poor. Bank, Asian Development Bank and others) impact of globalization on tribes in Africa is and other aid agencies. quite unlike that in India mainly due to the FREEDOM FROM POVERTY 69

different socio-political and economic have legal entitlements and that state and the UN agencies and others to take steps to conditions in Africa in comparison with non-state actors have legal obligations to improve their human rights record, including India. These distinct differences between fulfill. While placing responsibility on a state poverty alleviation. cultures and geographic regions have also for realizing the human rights of the people had an impact on how people have perceived living within their jurisdictions, other states The Concluding Observations on various threats emerging from impoverishment and and non-state actors are seen to have the state party reports by the Committee on social marginalization. obligation to contribute to and support this Economic, Social and Cultural Rights show process. This is of utmost importance for that lack of clarity of the status of the The critical issue, therefore, is to further establishing equitable, just and non- Covenant in domestic law, lack of enforce- develop the framework that monitors these protectionist systems of multilateral trade, ment of laws based on international human different forms of poverty at the global and adequate flow of financial assistance, and rights commitments and lack of information local levels and also empower people to ensuring that the poor have a stake in the on the treaty instruments are impeding strengthen their resistance and struggle development process in this globalizing factors. Reports observe that debt burden, against exploitative forces. world. absence of disaggregated data, widespread corruption in state authorities, military The UN Charter and the Universal These values find expression in political regimes undermining judiciary, and Declaration of Human Rights sought to statements such as the Rio Declaration, entrenched conservative religious influences provide the moral framework for construc- Agenda 21, the Copenhagen Declaration, the imposing discrimination get in the way of ting a new system of rights and obligations Beijing Platform for Action and the Habitat implementing poverty reduction strategies. placing highest emphasis on guaranteeing Agenda, designed by states as an inter- human dignity, peace and human security for national developmental architecture to Though the number of countries ratifying all people in the post World War II period. eradicate poverty and make an indispensable different human rights conventions has requirement for sustainable development. increased dramatically since 1990, there is a It is the holistic approach of human rights huge gap between commitments, policy that enables response to the multi- Treaty Bodies Monitoring intentions and actual implementation. The dimensional nature of poverty. This approach Poverty lack of political will of governments, goes beyond charity, recognizing that The monitoring bodies examine at regular conflicting commitments being made on freedom from poverty is only possible when intervals the state reports, may accept international platforms like the WTO (e. g. the poor are empowered through human complaints, make observations and recom- TRIPS which could result in increasing the rights education. It affirms that the poor mendations to states, economic institutions, costs of medicines to satisfy corporate greed, 70 FREEDOM FROM POVERTY

denying individuals their basic human right In her Report to the Commission on Human DEVELOPMENT AND POVERTY to healthy life and living in dignity) and Rights [E/CN.4/2001/54, 16 February 2001] ERADICATION inadequate resource allocation for realizing the Independent Expert presents essential GOAL: To halve, by the year 2015, the pro- various commitments are major threats. findings on how the situation of the poor portion of the world’s population whose could be changed. To fulfill those income is less than one dollar a day and the Special Rapporteurs and Independent requirements, to empower the poor and help proportion of people who suffer from hunger. Experts them change their destiny, human rights Strategies for Moving Forward The Commission on Human Rights has education is crucial. The human rights appointed two Independent Experts – one education process promotes and enhances INCOME POVERTY has the mandate to report to a special critical analysis of all the circumstances and • Ensuring support for country-led eco- working group on the implementation of the realities that confront the poor. It provides nomic and social initiatives that focus on right to development (Resolution 1998/72) appropriate knowledge, skills and capacities poverty reduction; while the other has the responsibility for to deal with the forces that keep them poor. • Strengthening capabilities to provide basic investigating and making recommendations It enables building organizations and the social services; regarding the effect extreme poverty has on creation of self-help networks so that they • Assisting capacity-building for poverty human rights (Resolution 1998/25). The can claim and pursue the progressive assessment, monitoring and planning. Independent Expert on Extreme Poverty realization of all human rights towards the HUNGER evaluates the measures taken at the national full eradication of poverty. • Taking stock of actions taken since the and international levels to promote the full 1996 World Food Summit and proposing enjoyment of human rights by people living new plans at the national and inter- in extreme poverty, examines the obstacles national levels to achieve hunger goals; encountered and progress made by women • Ensuring that food, agricultural trade and and men living in extreme poverty, and also overall trade policies are conducive to makes recommendations and proposals in fostering food security for all through a the sphere of technical assistance and other fair and just world trade system; areas for the reduction and eventual • Continuing to give priority to small far- elimination of poverty. mers, and supporting their efforts to promote environmental awareness and low-cost simple technologies.

SOURCE: ROAD MAP TOWARDS THE IMPLEMENTATION OF THE UNITED NATIONS MILLENNIUM GOALS. REPORT OF THE SECRETARY-GENERAL, 6 SEPTEMBER 2001. FREEDOM FROM POVERTY 71 GOOD TO KNOW

There is a consensus emerging based on the Common and Specific Lessons Learnt from • The state and its agencies have a experience of peoples’ movements and the Local, National and International Experien- significant role in poverty reduction work of NGOs and aid agencies, that in order ces in the Area of Poverty Reduction: especially in the era of globalization. to assure that the benefits of development • Greater accountability of international reach the poor, some fundamental actions • Poverty is a social, cultural and political and domestic development aid and that involve land reforms, ownership and issue as much as an economic one. financial institutions would result in control of livelihoods and resources by the • Political and economic empowerment of ensuring fair and just economic growth. poor, literacy and education, health, shelter the poor is the means to eradicate • Many of the countries of the world are not and nutrition need to be undertaken. poverty. in a position to eradicate poverty Offering hybrid cows instead of land to the • The access to information and human immediately. Their own efforts need to be landless, exclusive loans for buying land for rights education enables the marginalized supported and complemented by agriculture without addressing other to become aware of their human rights international assistance and cooperation. infrastructure needs in a situation where and take action to change their situation. • Debt write-offs have a direct relationship crops are dependent on irrigation, providing • Ensuring work at livable wages and to poverty reduction. If debt write-offs flexible schools for child laborers rather than access to livelihood resources remains a were tied to investments in education, ensuring their full attendance at school are key to poverty reduction. health and other social sectors, they approaches that have not worked! They have • Reduction in poverty should be would contribute directly to poverty only perpetuated poverty. The main issues accompanied by reduction in inequality. reduction. are political will and redistribution. Priority must be placed on eliminating all • War and strife do increase poverty. Efforts forms of discrimination against women as to eradicate poverty without ensuring Effective poverty eradication has been well as discrimination based on caste, conditions of real peace and human successful when it takes place at the local, race and ethnicity. security are bound to fail. decentralized levels. It is only when the poor • Greater spending on education, health, participate as subjects and not as objects of housing, water, sanitation and affordable the development process, that it becomes provision of food reduces poverty. possible to generate human development with equity. 72 FREEDOM FROM POVERTY

1. GOOD PRACTICES poor women face. The Grameen Bank has relief under the enhanced Heavily Indebted been able to initiate significant changes in Poor Countries (HIPC) Initiative. This The Poor are Bankable the patterns of ownership of means of approach is reflected in the development of The Grameen Bank, Bangladesh, started as a production and circumstances of production PRSPs by country authorities. As of January small village credit society in Jobra in 1976. in rural areas. These changes are significant, 2003, 13 countries in Africa (among them By 2002, it had reached out to 2,4 million not simply because they were able to move Mali), 4 countries in Latin America, 2 borrowers, 95 percent of whom are women. the poor above the poverty line, but also countries in Europe and Central Asia, 1 With 1 175 branches, it provides services in because with sensitive support they released country in Asia, and 1 country in the Middle 41 000 villages covering more than 60 a great deal of creativity in villages. The East have presented PRSPs to the World percent of all the villages in Bangladesh. Grameen Bank process is being attempted in Bank/IMF Boards. other neighboring countries, too. The Grameen Bank attempts to mobilize the http://www.grameen-info.org/bank All PRSPs are developed by taking into poor and move them forward primarily account the five core principles underlying through local capital accumulation and asset Mali’s Initiative 20-20 the development and implementation of creation. Its purpose is to extend banking After the World Social Summit in 1995 in poverty reduction strategies: facilities to poor men and women in rural Copenhagen, Mali adopted the initiative 20- Bangladesh, eliminate the exploitation by 20 meaning that an average of 20% of the • country-driven – involving broad-based money lenders, create opportunities for self- overall budget spending and 20% of the participation by civil society and the employment for unutilized and underutilized international aid would be used for financing private sector in all operational steps; human resources, bring the disadvantaged the most essential social services in the • results-oriented – focusing on outcomes people within the fold of an organizational country. Also, since 1995, the month of that would benefit the poor; format which they understand and can October has been pronounced “a Month of • comprehensive in recognizing the multi- operate for self-reliant, social-economic Solidarity and Fight against Exclusion”. dimensional nature of poverty; development through mutual support. • partnership-oriented – involving coordi- Poverty Reduction Strategy Papers nated participation of development By focusing on those who have been (PRSPs) partners (bilateral, multilateral, and non- considered the greatest credit risks, the bank In 1999, it was agreed that nationally-owned governmental); has established the fact that the poor are participatory poverty reduction strategies • based on a long-term perspective for credit-worthy. The bank addresses both the should provide the basis of all World Bank poverty reduction. double burden of gender and poverty which and IMF concessional lending and for debt SOURCE: HTTP://WWW.WORLDBANK.ORG/POVERTY/STRATEGIES/ OVERVIEW.HTM FREEDOM FROM POVERTY 73

The PRSPs have been a subject to a critique In early 1999, the Council launched a A Sustainable Future by civil society groups for certain crucial successful campaign to protect Canadians The Dutch example of assessing the scale shortcomings such as their funding structure and their environment from the effects of and impact of their `ecological footprint’ in being heavily dependent on and driven by bulk water exports and privatization. This key sectors, including energy and agriculture, external aid and for promoting foreign direct campaign stems from the belief that water is and committing themselves to setting investments. The participation of local a public resource that belongs to all and no specific, time-tabled targets to reduce the stakeholders, especially of marginalized one should have the right to appropriate it or negative impact of their footprints is a groups remains questionable, as there often profit from it. Recognizing the vested positive example of checking damage to the is an absence of institutional mechanisms for interests of the corporations and investors environment by the government of an their meaningful inclusion in the process and who see Canada’s freshwater lakes, rivers industrialized country. The state is also impediments such as information and and aquifers as rich reservoirs to tap, the regularly reporting on progress to the UN documents not being available in local campaign mobilized public opinion and Commission on Sustainable Development, languages understood by them. These and action against the commodification and accompanied by reports on the imple- other limitations still need to be further and privatization of this priceless resource. mentation of Agenda 21. timely addressed. In recognition of the growing opposition to Freedom from Hunger Our Water is Not for Sale privatization and corporate theft of water Food First, based in California, USA, is The Council of Canadians is Canada’s pre- around the world and to galvanize this committed to eliminate the injustices that eminent citizens’ watchdog organization, opposition into a new vision for the future of cause hunger. It believes that all people have comprising over 100 000 members and more the planet, the Council of Canadians along the basic right to feed themselves and they than 70 Chapters across the country. Strictly with many organizations around the world must have real democratic control over the non-partisan, the Council lobbies Members launched a Global Water Treaty at the World resources needed to sustain themselves and of Parliament, conducts research, and runs Social Forum in Porto Alegre, Brazil in their families. The organization works to national campaigns aimed at putting some of February 2002. This proposal was presented awaken people to the possibility and their the country’s main concerns into the at the World Summit on Sustainable own power to bring about social change by spotlight: safeguarding social programs, Development in South Africa in August 2002. undertaking research, analysis, education promoting economic justice, renewing The work of the Council has extended to and advocacy to explode myths and expose democracy, asserting Canadian sovereignty, other charitable public services such as root causes, identify obstacles to change and advancing alternatives to corporate-style free health and education as well as trade and in- address ways to remove them, evaluate and trade, and preserving the environment. vestment issues. http://www.canadians.org publicize successful and promising alter- natives. http://www.foodfirst.org 74 FREEDOM FROM POVERTY

Economic Justice grid of priorities in the current EU eradication to be achieved by 2015 which Freedom from Debt Coalition (FDC) based development assistance policies in relation to include: to eradicate extreme poverty and in the Philippines works for human develo- enhancing human security. hunger, achieve universal primary education, pment: equity (to include gender equity), promote gender equity and empower economic rights and justice; equitable and women, reduce child mortality, improve sustainable growth; pressing governments 2. TRENDS maternal health, ensure environmental towards their proper role and fighting for sustainability and develop a global beneficial global economic relations among During the UN Millennium partnership for development. The decade of nations. The FDC effort supports the Assembly session in 2000, heads 1997 – 2006 has been declared as the First worldwide campaign to cancel the debts of of state and government United Nations Decade for the Eradication the poorest countries of the world. The acknowledged their collective responsibility of Poverty. Each year the 17th October is Coalition has taken up several other issues, to uphold the principles of human dignity, observed as the UN International Day for including food security, public spending, and equality and equity at the global level. They the Eradication of Poverty. the impact of economic policies on women. set eight goals for development and poverty Its advocacy work integrates major tasks in popular education and public information, mass mobilization, policy research and analysis, alliance building and provincial networking. http://www.freedomfromdebtcoalition.org

Cotonou Agreement The Partnership Agreement between ACP and the European Community concluded in Cotonou on 23 June 2000, put a special emphasis on food security. Art. 54 addresses food security exclusively and thus recognizes the important role it plays in assuring human security and human well-being. The agreement also demonstrates the evolving

SOURCE: UNDP, HUMAN DEVELOPMENT REPORT, 2002. FREEDOM FROM POVERTY 75

Many countries have made significant 3. CHRONOLOGY progress but others, generally the poorest countries, seem unlikely to achieve these Freedom from poverty – main provisions Women (Art. 10, 11, 12, 13, 14, goals. Although 55 countries, with 23% of in international instruments monitored by the Committee on the the world’s people, are on track to achieve at 1948: The Universal Declaration of Human Elimination of Discrimination Against least three-quarters of the goals, 33 countries Rights (Art. 22, 23, 25, 26). Women). with 26% of the world’s people are failing on 1961: European Social Charter, monitored by 1981: African Charter on Human and more than half. Extraordinary efforts will be the European Committee on Social Peoples` Rights (Art. 14 – 17, 20 – 22, especially needed in Sub-Saharan Africa. 85 Rights. monitored by the African Commission countries with more than 60% of the world’s 1965: Convention on the Elimination of All on Human and Peoples’ Rights). people are not on track to achieve the goal of Forms of Racial Discrimination (Art. 5, 1988: Additional Protocol of San Salvador on reducing child mortality. Countries lacking monitored by the Committee on the Economic, Social and Cultural Rights data may have the worst performance, giving Elimination of Racial Discrimination). to the American Convention on an inflated impression of the proportion of 1966: International Covenant on Economic, Human Rights, monitored by the countries that are progressing. Social and Cultural Rights (Art. 6, 7, 9, Inter-American Commission on 11, 12, 13, monitored by the Human Rights. Committee on Economic, Social and 1989: Convention on the Rights of the Child Cultural Rights). (Art. 27, monitored by the Committee 1979: Convention on the Elimination of All on the Rights of the Child). Forms of Discrimination Against 76 FREEDOM FROM POVERTY SELECTED ACTIVITIES

ACTIVITY I: Preparation: Make enough copies of the 2. 50% of the world’s population (five of the “THE WORLD IN A VILLAGE” activity sheets for the number of people villagers) would be malnourished, hungry participating in the exercise. or starved. Cross out the last five bowls in PART I: INTRODUCTION the second row. The exercise deals with inequality and Material: Photocopies of the worksheets (as 3. Eight of them would be living in sub- deprivation faced by the poor in the context attached), color pencils/markers. standard housing (80% of world’s popu- of international human rights instruments. lation). These include slum dwellers, the Skills involved: analytical skills, discussion homeless and displaced, and refugees. Type of activity: Exercise and reflective skills. Strike out the last eight houses. 4. Seven would be unable to read i. e. 70% of PART II: GENERAL INFORMATION PART III: SPECIFIC INFORMATION all the people in this world cannot read. ON THE EXERCISE ON THE EXERCISE Put your thumbprint on the last seven Aims and objectives: To sensitize young This exercise is adapted from the Media books in the fourth row. people about the issues of inequality in the Education Curriculum developed by 5. One person would have 60% of the total global distribution of wealth and resources. Abhivyakti, India. wealth in the world- that leaves the other The exercise helps young people to reflect on http://www.abhivyakti.org.in nine to share the remaining 40%. Cross their own status in relation to poverty and out the first six piles of money in the fifth the fulfillment of their human rights. It gives Description of the activity/Instructions: row and mark the first person in the first them an opportunity to realize the urgent Distribute the worksheets to the participants. row with a large 6. need for changing the inequalities and Then ask them to implement the instructions 6. Only one percent of people in the world injustices experienced by the poor and on their worksheets as you read them out. own a computer (one tenth of the first setting priorities in order to ensure computer on this scale). In the sixth row, development for all. I. Ask the participants to paint the nose of the first man at the Imagine that the entire world (6000 million) computer red. Target group: children and young people. had shrunk into a representative village 7. One percent of the world’s population has consisting of just ten villagers. access to higher education. Draw a circle Group size/social organization: 20–25 1. In the first row draw a circle round the round the tassel of the graduate in the people. figure that represents you in the line of the seventh row, to represent just one tenth of world’s richest person (the first figure) to this drawing. Time: 90 mins. the world’s poorest (the tenth). FREEDOM FROM POVERTY 77

8. Look at this sheet again and see if you • The contradictions that the data high- Practical hints: While participants are doing want to revise your rating for yourself. lights. the exercise individually, encourage them to Draw two circles round your new rating. • Whether their own reality is like or unlike share their point of view with others. The the statistics. role of the facilitator is to provide data and II. Now ask the participants to listen to • The connection of this data with the facilitate discussion. these statements: realization and or violation of various ➢ If you have food for the next meal at human rights in relation to poverty. PART IV: FOLLOW-UP home, clothes, a roof over your head and • The goals and priorities that they would The participants could be encouraged to a place to sleep you are among the top like to set for development and why. make a plan for doing human rights three of the wealthiest people. education activities based on the above ➢ And if you (or your parents, in case you activity to sensitize their peers. are a minor) have money in the bank, some in your wallet and some loose change in the dish at home, then you qualify to represent the richest person on our scale.

III. Give the most recent statistics on education, health, water, sanitation and military expenditure etc from the most recent Human Development Report of the UNDP and/or World Development Report of World Bank, for a country or group of countries, depending on the participants’ profiles.

Feedback The group is encouraged to discuss what they feel about the various statistics that have been placed before them. The exercise can explore 78 FREEDOM FROM POVERTY

ACTIVITY II: Preparation: Flip chart, markers, paints, Through consensus let the groups identify ACTION CAMPAIGN crayons, pens, felt pens, poster paper, and the cases they would like to pursue in the pictures of people living in poverty. exercise. Divide the group so that each PART I: INTRODUCTION Download case studies from the internet one has 4–5 members. This activity develops an Action Campaign from some of the sites suggested in the • The volunteer reporting the particular on a local issue relating to poverty. The section on Good Practices in this module that poverty case takes on the role of being widespread nature of poverty may seem highlight different violations. For example, one of the poor, while other members of overwhelming and people may feel they have governments handing over to the the group seek to talk to him/her, no role in its eradication. multinational corporations the right to exploring various dimensions (social/ privatize basic services or rights over forests, political/economic/cultural/environment PART II: GENERAL INFORMATION lakes, for example to carry out commercial al) of the person’s/community’s life. ON THE ACTIVITY AIMS AND fishing. From “Voices of the Poor” OBJECTIVES http://www.worldbank.org or any other The group members then list the issues/ • Awareness and sensitization to poverty in information source, select some quotations dimensions of poverty, the immediate causes the participants’ immediate context. by the poor on their own situation. and structural causes and identify who and • Developing the connections between the what has a bearing on the situation. The immediate manifestations and the causes Skills involved: Analytical skills, articulation group relates this to the appropriate articles of poverty as a whole. skills, empathy – putting oneself in the shoes from human rights treaties. • Identifying the actions – what the partici- of the poor pant can do in relation to a particular Now ask all the groups to develop a human poverty situation. PART III: SPECIFIC INFORMATION rights education campaign for addressing the ON THE ACTIVITY INTRODUCTION issues faced by this group and propose viable Target group: Adults/Young adults OF THE TOPIC immediate and long term actions. The group • Begin by reading out a few of the selected can then prepare a pamphlet/poster/any Group size: 20 people or fewer working quotations that reflect the voices of the form of campaign material to convince the groups comprising 4–5 members poor from different situations. rest of the group to join the campaign. • Encourage participants to mention the Time: 150 mins individuals/groups/communities from Feedback their contexts living in absolute or relative The presenting group then tries to persuade poverty or facing social exclusion. the others to join the campaign. FREEDOM FROM POVERTY 79

Other participants have the opportunity to clarify, seek information on why joining the campaign is important. The exercise provides a life context for addressing myths, misconceptions, and biases. The facilitator uses the opportunity to make known facts about poverty/globalization, to summarize the insights in relation to micro-macro linkages of poverty and encourage creative ideas how to proceed from there

PART IV: FOLLOW-UP

Watch a film featuring a campaign on a particular issue of poverty or arrange a field visit to an NGO working with marginalized communities. Encourage members to associate with an NGO/local campaign that touches upon their life. 80 FREEDOM FROM POVERTY REFERENCES

Focus on the Global South. 2001. Profiting from Poverty: United Nations Development Programme. 1998. Division for the Advancement of Women: The ADB, Private Sector and Development in Asia. Focus Training Manual on Human Rights and Sustainable http://www.un.org/womenwatch/daw/beijing/platform on the Global South, Thailand. Human Development. UNDP, New York. /poverty

Haq, Mahbub-ul. 1995. Reflections on Human United Nations Development Programme. 2002. ELDIS: http://www.ids.ac.uk/eldis/poverty Development. New York: Oxford University Press. Human Development Report 2002: Deepening Democracy in a Fragmented World. Oxford University Press. Eliminating World Poverty and Making Globalization Harris, John. 1994. Poverty and Anti- Poverty Policy: A Work for the Poor: http://www.globalisation.gov.uk Perspective for SCF in the South Asian Region. Saro SAARC, 1992. Report of the Independent South Asian Briefing Paper No. 2. Save the Children. Commission on Poverty Alleviation: Meeting the Focus on the Global South: http://www.focusweb.org Challenge. International Human Rights Internship Programme, Friends of River Narmada: http://www.narmada.org Asian Forum for Human Rights and Development. Sainath, Palagummi. 1996. Everybody Loves A Good 2000. Circle of Rights: Economic Social and Cultural Drought. Penguin Books. International Monetary Fund: http://www.imf.org Rights Activism: A Training Resource. Watkins , Kevin. 1995. The Oxfam Poverty Report. Jubileesouth: http://www.jubileesouth.org Khan, Azizur Rahman and Carl Riskin. 2001. Oxfam UK & Ireland. Inequality and Poverty in China in the Age of Globali- Lothian Anti Poverty Alliance: http://www.lapa.org.uk zation. New York: Oxford University Press. World Bank. World Development Report 2000/2001. Attacking Poverty. OneWorld International: http://www.oneworld.net Nayyar, Rohini. 1992. Rural Poverty in India – An Analy- Our World is Not For Sale: sis of Inter-State Differences. Oxford University Press, Yanus, Muhammad et al. 1999. Banker to the Poor: http://www.ourworldisnotforsale.org India. Micro-Lending and the Battle against World Poverty. Public Affairs. PovertyNet: http://www.povnet.org People’s Decade for Human Rights Education. 2002. Passport to Dignity. Sub-Commission on the Promotion and Protection for Human Rights: People’s Movement for Human Rights Education http://www.unchchr.ch/html/menu2/2/sc.htm (PDHRE). A Call for Justice: Resource Packet. ADDITIONAL INFORMATION United Nations Development Programme (UNDP): Pernia, Ernesto M. 1999. Urban Poverty in Asia: A 50 Years Is Enough: http://www.50years.org http://www.undp.org Survey of Critical Issues. Oxford University Press, China. Child Rights: http://www.unicef.org/crc World Bank: http://www.worldbank.org/poverty Subramanian, S. 1998. Measurement of Inequality and Poverty. Oxford University Press, India. Combat Poverty Agency: http://www.cpa.ie

United Nations Development Programme. 1997. Commission on Human Rights: http://www.unhchr.ch Human Development Report 1997. Oxford University Press. Development Gateway: http://www.developmentgateway.org NON- DISCRIMINATION THE PRINCIPLE OF NON-DISCRIMINATION RACISM AND XENOPHOBIA INTOLERANCE AND PREJUDICES

»Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status . . ..«

ARTICLE 2, UNIVERSAL DECLARATION OF HUMAN RIGHTS 82 DISCRIMINATION ILLUSTRATION STORY

One evening Mr. S. was walking down the address and telephone number, which he gave DISCUSSION QUESTIONS staircase in an apartment block after visiting without hesitation. During the course of all a friend. At the foot of the stairs he was this, he was frequently referred to as a 1. What is the message of the story? surprised by a punch on the left side of his ‘Nigger` who, ‘came out of the jungle’. He was 2. Which rights have been violated? face followed by two others on the right and then allowed to go. 3. What could Mr. S. do to defend his rights? in the middle. He was then forced to the 4. Why did the policemen act in that way? ground, held and searched. Mr. S. then saw After Mr. S. had informed his wife, he went to 5. Why did Mr. S. not file a complaint? that his attackers were about 8 – 10 a police station near where he lived in order 6. Are stereotypes or prejudices towards a policemen (in plain clothes with police to report the incident. The police on duty particular group of people included and if waistcoats, pistols at the ready). He received registered his report but advised him to go to so, which? no answer to his question as to why he had police headquarters next day. 7. Have you heard of similar incidents in been beaten and held down. He was then hit They then called an ambulance, which took your country? on the nose, and his nose and mouth were Mr. S. to a hospital. The following day Mr. S. 8. What reasons are there for people being held closed. Finally he was allowed to stand reported the incident again at police racist? up. Blood was dripping from his nose and headquarters but was issued with no official mouth. He asked once again what was going record of his report. Later the police contacted on. He was told to keep quiet and show his him with a dubious telephone call saying that passport, which he did immediately. some man was hiding out in his flat, which was not the case. The police then appeared somewhat surprised that they did not have the person they were (This incident was reported to a national looking for. However despite this, they did not NGO, which provides counselling, legal let Mr. S. go, but forced him to go with them advice, help and information for victims and to an upper floor where they broke down a witnesses of racism. In this case Mr. S. door and arrested a black man, (unknown to allowed the date for a complaint to the Mr. S.), inside the flat. Then, with the help of Independent Administrative Board to laps.) Mr. S.` s bicycle lamp they searched the premises. In the meantime Mr. S. was told to SOURCE: HTTP://WWW.ZARA.OR.AT/DOWNLOAD/RASS_REP_2001_ sit in a chair and threatened with a weapon. E.PDF Half an hour later Mr. S. was asked for his DISCRIMINATION 83 NEED TO KNOW

1. “DISCRIMINATION – treated as less valuable human beings, as in the ancient Greek and Chinese THE ENDLESS AND ONGOING against people infected with HIV/AIDS and conceptions of cultural superiority. Additio- STRUGGLE FOR EQUALITY” against those with physical or psychological nally, the prehistory of racism was impairments or who have other sexual dominated by the persecution of the Jews all Think of one single person you know who orientations. It is even found in our language, over the world. The Spanish colonial rule has never been subject to any form of through which we sometimes intentionally or especially of the 16th and 17th century firstly discrimination in her/his whole life! You’ll unintentionally demarcate ourselves from introduced a modern racial caste society in see you will not find one! others. Discrimination appears in so many the “New World” (the South-American forms and it can be presumed that everyone continent), where blood purity became a The principle that all human beings have has been affected by it to varying extents. supreme principle. Victims of this system equal rights and should be treated equally is Therefore, consciousness of this issue is were Indians and deported slaves from a cornerstone of the notion of human rights essential in order to deal with it effectively. Africa. Colonial powers adopted these and evolves from the inherent and equal structures and made them the basis for their human dignity of every individual. But this This module concentrates on some of the own colonial societies. In the “New World” natural right to equality has never been fully gravest and most devastating forms of the term “negro” was a synonym for a slave- provided to all human beings, neither in the discrimination based on race, color or ethnic member of an “inferior” race in contrast to past nor in the present. origin, namely racism, racial discrimination the white master race. At the end of the 18th Discrimination in one or the other form has and the related attitudes of xenophobia and century and the beginning of the 19th century always been a problem since the beginning of intolerance. the ideology of racism grew into another humankind. Discrimination has occurred dimension. After the American Civil War, against indigenous people and minorities Historically, biological differences were race riots and terrorization of blacks by the everywhere, from the forests of Ecuador to misused from very early on to justify the Ku Klux Klan took place in the Confederate the islands of Japan and the reservations of existence of “superior” and “inferior” races States. European colonists also took South Dakota, against Jews, against the and therefore classify human beings advantage of this ideology and the wide- Aborigines of Australia and the Roma of according to race. Charles Darwin’s theories spread acceptance of social Darwinism in the Europe. It happens to working-migrants, of evolution and survival of the fittest, for 19th century in order to establish and uphold refugees and asylum-seekers in North example, have been used to “scientifically” their dominant power on the African America and Europe but also among different justify notions of racial superiority. Forms of continent. The 20th century saw very extreme tribes in Africa. It occurs against children discrimination and racism have been forms of racism: the racial hatred of the Nazi- who are bullied or abused, against women manifested in the Indian caste system as well regime in Europe, the institutionalized racial 84 DISCRIMINATION

discrimination of South Africa’s Apartheid Discrimination and Human Security 2. DEFINITION AND system or the ethnically and racially One of the major purposes of human security DESCRIPTION OF motivated genocides of Ex-Yugoslavia and is to provide the conditions for people to THE ISSUE Rwanda. exercise and expand their opportunities, choices and capabilities free of insecurity. To begin with, it is very important to Today, as a consequence of these historical Discrimination based on either ground thoroughly consider and distinguish two experiences, the prohibition of discrimina- obstructs people from equally exercising their major aspects of the topic concerned: tion, is established in many international rights and choices and not only results in treaties and national legislations. Neverthe- economic and social insecurity but also Attitude or Action: less, discrimination based on race, color, affects the self-respect, the self-determination There is a significant difference between ethnicity, as well as religion, gender, sexual and the human dignity of the discriminated beliefs and personal opinions on the one orientation etc, is still one of the most fre- human being. Racial discrimination, hand and the concrete manifestations and quently occurring human rights violations violation of rights of persons belonging to actions, which are motivated by those throughout the world vulnerable groups, minorities or immigrant attitudes, and beliefs on the other hand. The Human Rights of Women Module workers should also be seen as the cause for first notion concerns only the private sphere and Religious Freedoms Module. serious conflicts and danger for international of each individual, whereas the latter peace and stability. The recognition of the involves actions, which also affect others. As inherent dignity and of equal rights of all long as such attitudes and opinions are not members of the human family, as stated manifested, they do not harm anyone and are already in the Preamble of the UDHR, is the rarely sanctionable. In practice however, foundation of freedom, justice and peace in racist or xenophobic attitudes and beliefs the world. Therefore, overcoming de facto mostly lead to actions that negatively affect inequalities based on race, gender, ethnic others, i. e. insults, verbal abuses, humilia- identity, religion, language or any other tions or even physical aggressions. These social condition must be a high priority on kinds of actions then can be characterized as the Human Security agenda. discrimination, which under certain con- ditions are sanctioned by law. DISCRIMINATION 85

Actors of Discrimination – Discrimination Three elements of discrimination: In gene- State or Individuals: Definition: Discrimination in general, ral we can identify three elements, which are A second important area to be considered is considered as any distinction, exclusion, common to all forms of discrimination: that of the offender or actor. Traditionally, the restriction or preference aimed at the denial international human rights protection system or refusal of equal rights and their protection, • actions that are qualified as discriminatory and the legal mechanisms for non- is the denial of the principle of equality and such as distinction, exclusion, restriction discrimination likewise are dominated by the an affront to human dignity. Depending on and preference. idea of ensuring individuals protection from the reasons for this different treatment we • causes of discrimination, personal charac- state interference. Therefore, the main actors speak about “discrimination on the grounds teristics such as race, color, descent, (positively and negatively) have always been of race, ethnicity, color, gender, religion, national/ethnic origin, gender, age, states, whereas discrimination between sexual orientation, etc”. It is crucial to know physical integrity etc. individuals has been more or less left that not every distinction can automatically • purposes and/or consequences of discrimi- unregulated. This perception has changed be defined as discrimination in the sense of a nation, which have the aim, or effect of only recently, influenced by new human rights abuse. As long as the preventing victims from exercising and/or developments in the international fight distinction is based on reasonable and enjoying their human rights and against racism and discrimination, leading to objective criteria, it may be justifiable. fundamental freedoms. Subsequently a a more holistic understanding of discrimi- distinction has to be made between direct nation and taking into account that many ➢ EXAMPLE: In almost all states the access discrimination, (describing the purpose), discriminatory incidents are caused by to jobs in the military, police or other where the actor intends to discriminate private, non-state actors. public authorities is restricted to their against a person/group and indirect citizens. discrimination, (related to consequences), ➢ EXAMPLE: The widespread attitude of where an apparently neutral provision or private landlords not willing to rent The problem is how to define “reasonable measure de facto favors one person/group apartments to migrants, refugees or per- criteria”. What does it really mean and can compared to others. sons with black skin. The incorporation of these criteria be identical in different anti-discrimination regulation into the societies? These obscurities may explain why ➢ EXAMPLE of indirect discrimination: private sector, however, still creates a lot the principle of equality is one of the most Shops or businesses which do not hire of controversy, often leaving it as a legal controversial human rights principles, as people with long skirts or covered heads – grey zone without clear rules. equality in law does not always stand for these neutral clothing provisions may in equality in fact. 86 DISCRIMINATION

practice disproportionately disadvantage always been highly controversial because Racism members of certain groups. temporarily it means again favouring a Racism causes damage by isolating and certain group over another one, in order to hurting people and dividing communities. Further important characteristics of compensate for past inequalities and thus Both active racism and passive acceptance of discrimination: Normally a dominant group giving the target groups – e. g. women, race-based privilege disrupt the mental discriminates against a less powerful or ethnic minorities – equal opportunities in the health and psychological functioning of both numerous one. Domination can either occur present to enjoy all their fundamental victims and perpetrators, of racial injustice. in terms of numbers (majority vs. minorities) freedoms, especially in the field of education, The causes of racism and related intolerance or power (i. e. “upper class” vs. “lower employment and business. and the means for their perpetuation are class”). Through domination one group treats Note that due to the fact that such “discrimi- complex, involving legal vulnerability and another group as less important, and often nation” only occurs for a limited time period, discrimination, economic and educational denies that group basic human rights. this kind of preferential treatment should not disadvantage, social and political margi- According to Betty A. Reardon from be considered as discrimination, but be seen nalization and psychological victimization. Columbia University, this means that as a measure of combating discrimination. “discrimination is a denial of human dignity Interestingly, there does not exists any and equal rights for those discriminated universally accepted definition of racism, against”. What do you think about because many different views on its exact these measures? meaning and scope conflict with each other. Another interesting aspect is that of positive * Does prohibition of discrimination mean Racism can be seen as a conscious or discrimination or “affirmative action”, how equal treatment only? unconscious belief in the inherent superiority it is also called, a term originally coming * What about the notion of equal oppor- of one race over another or as an attitude and from the United States. It describes tempo- tunities, which maybe would mean trea- a system of practices that “proposes to rary special governmental measures, which ting equal people in equal situations establish a racial order, a permanent group aim at reaching de facto equality and unequally, in order to compensate un- hierarchy that is believed to reflect the laws of overcoming institutional forms of discrimi- equal treatment from the past? God.” This latter definition of racism lies nation. Institutionalized discrimination refers * What kind of action is justifiable – between the view of it as a modern concept to established laws, policies and customs, hindering or favouring? that grew out of scientific theories of race which systematically result in equalities and and an understanding of it as a manifestation discrimination in a society, organisation or of ancient tribalism. institution. Affirmative action measures have DISCRIMINATION 87 » You do not take a person who for years has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, ”You’re free to In any case the term racism causes a lot of compete with all the others,“ and Racial Discrimination: The discussion, because the term itself still justly believe that you have “UN-Convention on the Elimi- presupposes the existence of different races, been completely fair. Thus it is nation of All Forms of Racial which has been shown to be scientifically not enough just to open the gates Discrimination” (CERD) from 1965 contains false. Today “race” is seen as a social of opportunity. All our citizens a very comprehensive legal definition of construct and more emphasis is put on must have the ability to walk racial discrimination, which has been used as cultural differences rather than on biological through those gates.... We seek a basis for many other definitions and characteristics, so that one could speak of a not. . .just equality as a right instruments involving discrimination: newly evolved “cultural racism”, which and a theory but equality as a probably is the better description for most of fact and equality as a result.« Art. 1 states that . . .“in this Convention, the the actual attitudes of today’s “racist” people. US PRESIDENT LYNDON B. JOHNSON, 1965 term ”racial discrimination“ shall mean any Racism as a way of thinking may be distinction, exclusion, restriction or preference harmful, but without manifestation, it cannot based on race, color, descent, or national or be sanctioned. This means that racist ideas • personal level (one’s attitudes, values, ethnic origin which has the purpose or effect can not be characterized as human rights beliefs) of nullifying or impairing the recognition, violations, because freedom of opinion and • interpersonal level (behaviour towards enjoyment or exercise, on an equal footing, of belief itself constitutes an important human others) human rights and fundamental freedoms in right. Only if these prejudices and thoughts • cultural level (values and norms of social the political, economic, social, cultural or any lead to discriminatory policies, social conduct) other field of public life.” customs or the cultural separation of groups, • institutional level (laws, customs, tradi- can we talk of sanctionable discriminatory tions and practices) With the elaboration of this Convention actions or racial discrimination. These ( International Standards and Imple- actions can either be carried out by a The former Apartheid system of South mentation and Monitoring) the General “predominant race” creating a hierarchical Africa is a vivid example of an institu- Assembly of the United Nations reacted to order or by individuals exercising control tionalized form of racism and racial dis- acts of anti-semitism, especially in Germany, over others. crimination, where the Apartheid laws when the devastating pictures of burning structurally segregated blacks from whites. synagogues in German cities shocked the Racism exists at different levels – depending Good to Know. international community. on the power used and relation between the victim and the perpetrator: 88 DISCRIMINATION

» I don’t like Chinese, so I belted shit out of him.« Racial violence is a particularly grave POLICE VIDEOTAPED INTERVIEW WITH it has even cost them their lives. A particular example of the impact of racism, constituting MURDERER OF A TAXI DRIVER IN devastating influence of racism or racial PERTH/AUSTRALIA specific acts of violence or harassment discrimination can be seen on children, carried out against an individual or group on because witnessing racism causes severe the basis of race, color, descent or national/ feelings of fear and confusion among them. ethnic origin. The construction of a group as such as the so-called cruel and criminal a threat is an essential part of the social and policy of “ethnic-cleansing”. political environment in which acts of During a U. N. Panel Discussion in New York violence based on hate occur. discussing the impact of racism on children, Racism and racially motivated violence have Xenophobia a woman from Congo told the audience that figured prominently in a lot of news stories all Once xenophobia is described as a morbid the first time she experienced racism was at over the world, such as e. g. in the United fear of foreigners or foreign countries, it also birth, when the nurse at the hospital refused States the Los Angeles riots centred around characterizes attitudes, prejudices and to assist in the difficult delivery because her the Rodney King verdict and, later, the con- behaviour that reject, exclude and often vilify mother was from a different part of the troversy surrounding the O. J. Simpson trial. persons, based on the perception that they country than the nurse. When she grew up are outsiders or foreigners to the community, she learned very fast, that her background – During the last decades of fighting racism society or national identity. In other words it the tribe she was from, the language she and racial discrimination a broader under- is a feeling based on non-rational images and spoke, and the region where she lived – standing of the term racism was developed, ideas, which leads to a simplistic good and influenced what happened in every aspect of including the realization that all societies in bad scenario. her life and that made her feel useless, the world are affected and hindered by it. insecure and incapable already from the The international community has undertaken The distinction between racism and xeno- beginning of her childhood on. to determine the basic causes of racism and phobia may be important in a legal and to call for the reforms necessary to prevent academic sense, but the impact of racist or the eruption of conflicts rooted in racism or xenophobic behaviour and acts on the Related Intolerance racial discrimination. Unfortunately, in spite victims however are always the same. It robs and Prejudice of all attempts to abolish policies and people of their potential and of the Intolerance: The Penn State University de- practices based on those phenomena, these opportunity to pursue their plans and clares in its policy statement that intolerance theories and practices are still in existence or dreams, it deeply damages their self-esteem is “an attitude, feeling or belief wherein an are even gaining ground or taking new forms, and self-assessment and in millions of cases individual shows contempt for other indivi- DISCRIMINATION 89

» If we were to wake up some morning and find that everyone was the same race, creed and duals or groups based on characteristics such colour, we would find some other * Who can decide about this? as race, color, national origin, gender, sexual causes for prejudice by noon.« * Are there any norms or orientation or political or religious belief”. GEORGE AITKEN standards already created to distinguish between tolerance/intolerance and if not, Prejudice: The classic definition is that given can they be created at all? by the famous Harvard psychologist, Gordon * Are there regional or cultural differences Allport, who states that “prejudice is an Usually these two phenomena, prejudice and in the perception of such norms? antipathy based on faulty and inflexible intolerance, are the hardest to address or generalization; it may be felt or expressed; it fight against. may be directed toward a group or an On the one hand they describe personal Limits and standards developed under inter- individual of that group.” characteristics, which constitute a human national human rights law could constitute being and therefore reach deep into the such a minimum level below, which societies Both terms can easily be a motivation for any private sphere. Even if personal opinions are and their individuals fall into intolerance and kind of discriminatory actions. Generally changeable (through education, awareness- the violation of human rights. speaking intolerance and prejudice are often raising, dialogue), one has to be cautious in seen as the foundation and starting point for recognizing where education stops and It is commonly agreed upon that racists are other more “specified” behaviors such as indoctrination begins! not born as such, but they develop, and racism or xenophobia. therefore a primary cause of racism is On the other hand it is important to know ignorance. UN Secretary-General Kofi Annan The notion of ethnic prejudice has only where to “draw the line” between tolerance said the following on the occasion of the recently been developed, describing anti- and intolerance, meaning what or when are observance of the International Day for the pathy based on an allegation of the cultural we “allowed” to be intolerant or how far Elimination of Racial Discrimination on supremacy of a particular group in relation to should tolerance go? Not to forget the 21 March 1999: “Ignorance and prejudice are another one. In the European context, for difficulties with the term “tolerance”, as it the handmaidens of propaganda. . . Our example, it is exemplified by anti-Turkish, somehow already implies a wrong feeling of mission, therefore, is to confront ignorance anti-Polish or anti-Russian prejudices. As it superiority in tolerating the existence of with knowledge, bigotry with tolerance, and typically attacks the cultural/religious traits others, but not really welcoming or respec- isolation with the outstretched hand of (real or imagined) of a particular group, ting them. generosity. Racism can, will and must be some similarities to the recent understanding defeated.” of racism as “cultural racism” can be seen. 90 DISCRIMINATION

International Standards • Obligation to protect: This element Education programs and teaching: Racism, The lessons learned from slavery, colonialism requires that states protect individuals xenophobia or similar attitudes frequently and above all from the Second World War led from violations of their rights. With regard appear in very subtle and insidious forms, to the incorporation of the principle of non- to discrimination it also refers to racism which often prove difficult to address and discrimination into many national consti- among private persons, so that the state identify, but nonetheless make individuals tutions and international treaties. The most has to actively “combat” racial discrimi- and communities feel victimized. This can important international treaty on racial nation by individuals in society. However, lead to the dangerous perception that racism discrimination is the “Convention on the this obligation still is a very controversial is only perpetrated by others and therefore is Elimination of all Forms of Discrimination”, one, as it touches the private sphere of someone else’s responsibility. In order to which was ratified in 1965. It is based on the individuals and no consensus on how far successfully confront such opinions and be- principle of dignity and equality, condemns this obligation can go has yet been liefs, racism has to be seen as a challenge any forms of racial discrimination and reached. that needs to be met through strengthening a instructs states to implement all appropriate • Obligation to fulfill: This obligation de- culture of human rights at all levels of so- means to eliminate racial discrimination. So mands that the state provides for the most ciety. This includes the systematic incorpora- far it has been ratified by 165 states effective realization of the guaranteed tion of intercultural values, respect and worldwide and has proved to be a very rights through adequate legal, administra- understanding for racial, ethnic and cultural relevant tool in the struggle against racial tive, judicial or factual measures. Article 5 diversity in youth education. discrimination. of CERD requires State Parties to take steps to prohibit and eliminate racial discrimina- During the World Con- Different levels of obligations with regard to tion and guarantee this right to everyone. ference Against Racism the principle of non-discrimination are preparatory process a lot of applicable to states, the private sector and in Obligations in the private sector (NGOs, other interesting examples and ideas were some regard also to individuals. media, etc.): The private sector, in addition reported. For instance the efforts already • Obligation to respect: In this context states to governments, has also immense power to going on in a number of African countries are prohibited against acting in contra- fight discrimination and racism. Its actors combating racial prejudices in schoolbooks vention of recognized rights and funda- constitute the broadest part of society and and curricula, or a proposed European mental freedoms. In other words it is usually discrimination and racist attitudes initiative where school networks draw up a about the state obligation to “non-act” as can most effectively be confronted from code of conduct, incorporating clear princi- far as there are no explicit respective legal within civil society with a “bottom up” ples of non-discrimination into their reservations. approach. Good Practices. educational objectives. In many countries DISCRIMINATION 91

there exist school exchange programs, Although the word racism is spontaneously certain business areas selectively for their encouraging students from different linked with discrimination by whites against citizens and allowed Asians to operate only if countries to share their cultures and learn non-whites, there is no society that can claim they were granted licenses that had to be each other’s languages. Many governments to be free from any form of racism. Anti- renewed every year. Finally not to forget the and NGOs include teaching programs on Semitism, racial discrimination or miscon- discrimination within different tribes, as cultural diversity and sensitivity in their ceived superiority is undoubtedly manifested members of minority tribes not belonging to material on human rights education, which more explicitly in the Western hemisphere, the majority ruling tribe face racial harass- foster understanding on the contribution of but this does not preclude the existence of ment, discrimination and life-threatening each culture and nation. racism in Asia, Africa and Latin America. disadvantages in their daily life.

The crucial role of the media: Unfortunately The Koreans in Japan for example, have no In Europe, the discrimination of Roma – an a lot of radio and TV stations all over the right to hold public positions, only because estimated number of eight million living world propagate ethnic and racial discrimi- of their Korean ethnic origin. Until recently across the European continent – poses one of nation and hatred. The power of the media the ethnic Chinese minority in Indonesia Europe’s most serious though most neglected can be seen e. g. in the case of “Radio Mille could not celebrate their traditional Chinese and hidden human rights problems. Having Collines” in Rwanda which instigated Hutus New Year publicly and the caste system in been nomads for much of their history, the to massacre Tutsis during the Civil War in India, though often described as “unique to Roma have usually been forced to assimilate, 1994, not to forget the new important role of its historical process” gravely discriminates in some countries their language has been the internet, which is a facilitating means of the untouchables, including mass rape and forbidden and their children have been taken disseminating information and opinions. organized massacres by upper castes. The away from their parents. Today, Roma Trends and Freedom of Expression Chinese Han majority perception of mino- communities still experience discrimination Module. rities like the Tibetans or the Mongolians as in many different spheres of life such as “barbarians, dirty, primitive and backward” employment, housing, education, access to is well known. justice or access to health care services. 3. INTERCULTURAL PERSPECTIVES AND African countries didn’t do any better; Another interesting and important aspect, CONTROVERSIAL ISSUES thousands of Asians were driven out of East which emerged during the Third World Con- and Central Africa through cruel racist ference Against Racism in Durban in 2001, Racism and racial discrimination is a global policies. The “Trade Licensing Act of Kenya, concerns a conceptual different understan- problem manifested in a variety of ways. Uganda and Zambia” for example, reserved ding of the word “racism” in Africa on the 92 DISCRIMINATION

one hand and Europe/North America on the At the beginning of the 20th century, with the Besides stating the obligations of State other. The attempt of the European countries rise of fascism, Anti-Semitism became part of Parties, the Convention on the Elimination of to remove the word “race” from the protocol, its ideology. During the Holocaust, perpe- Racial Discrimination also established the as it proves to be scientifically false, was trated by the Nazi regime, an estimated six Committee on the Elimination of Racial vehemently criticized by African and million Jews were systematically killed only Discrimination (CERD), which was the first Caribbean delegations, who argued that only because of their being Jewish. Unfortunately, UN treaty body to monitor and review the when Western countries see no advantage in today attacks on Jewish communities and implementation of the Convention and pro- these `superior categories’ anymore, this heritage are not rare and a number of neo- mote a strong implementation of the Con- evidence of colonial suppression should be Nazi groups openly express their anti-Semitic vention. The system created consists scrapped. views. Furthermore, the growing number of essentially of three procedures: a reporting internet websites and literature circulated procedure obligatory for all State Parties, a Another very emotional point during the and glorifying Nazi propaganda contributes procedure of state-to-state complaints which World Conference was the disagreement to these worrying worldwide developments. is open to all State Parties and the right of between different groups whether to petition – communications – by individuals define Anti-Semitism as a form of racism or or groups within the jurisdiction of State not, depending on the definition of the Jewish Parties claiming to be victims of a violation. community as a religious or ethnic group. 4. IMPLEMENTATION This dilemma (among others) remained AND MONITORING Since the manifestation of racism and unresolved and is still a highly debated issue xenophobia is increasing in the last decades, during various international fora. The fact that discrimination is one of the the international community has renewed its most frequently occurring human rights efforts to combat these phenomena. The violations shows how much work still has to Commission on Human Rights has appointed Anti-Semitism has been widespread in the be done in this field. In principle the a Special Rapporteur on Contemporary contemporary European history up to the implementation of international human Forms of Racism (currently Mr. Doudou present. This hatred and sometimes violent rights instruments is a state responsibility Diène from Senegal) requesting him to form of hostility against Jews seen as a and therefore the instruments fighting racial examine incidents of contemporary forms of distinct religious or minority ethnic group, discrimination have to be ratified and racism and racial discrimination. today is as alive as ever, sometimes only implemented by states or State Parties. An better hidden and expressed in a covert effective implementation of international Another important monitoring instrument manner. standards however, can only be guaranteed if are anti-discrimination or anti-racism efficient monitoring systems and strong ombudsmen; these ombudsmen are usually enforcement mechanisms exist. installed on national levels and play an DISCRIMINATION 93 » It is often easier to become out- raged by injustice half a world away than by oppression and important role in the documentation of dis- discrimination half a block from What Can WE Do? criminatory incidents, for the information home.« The real challenge is not the protection or about national and international regulations CARL T. ROWAN penalization, but the prevention of discrimi- and in pursuing possible remedies. nation, meaning to avert discriminatory acts before they take place. Therefore it is In the past decades international mechanisms The gap between “law in the books” and necessary to address attitudes, beliefs and and instruments have been increasingly “law in practice”: Ratified conventions, consequent actions and behavior. This very utilized for the monitoring and enforcement declarations and plans of action are only one difficult task can only be achieved through of anti-discrimination principles. The impor- first step towards a real strategy of fighting institutionalized human rights education, tance of preventive strategies such as racism and discrimination. Unless they are local information with a bottom-up approach early-warning systems, preventive visiting fully applied and implemented in practice, and full participation of national authorities in mechanisms, urgent procedures and grass- their impact is only limited. A strong political cooperation with all relevant non-state actors. root information and education, however, has will is needed for an effective implemen- Being observer of a discriminatory or racist long been underestimated, thus neglecting tation, which unfortunately in reality often action: It is important to develop moral the more effective response to discrimi- has to make way for other political interests. courage, interfere if possible, forward the nation and racism, as these strategies tackle In this context, the important role of non- noticed cases or incidents to competent the phenomena at their origins. governmental and community-based institutions and get access to possible In 2001, a total of 9,721 bias-motivated organizations cannot be underestimated, national or international remedies, such as criminal incidents were reported to the FBI in carrying out wide-reaching campaigns and the UN CERD or national ombudsmen. the United States: projects, doing lobbying work and putting In general every individual can explore ways pressure on governments to fulfill their in which community organizations can work a. 44,9% motivated by racial prejudice national and international obligations. together to promote positive race relations b. 21,6% motivated by ethnicity/national and encourage dialogue on racism and origin human rights in their surroundings. c. 18,6% motivated by religious intolerance d. 14,3% motivated by sexual orientation bias e. 0,4% motivated by disability bias

SOURCE: UNIFORM CRIME REPORTS, HATE CRIME STATISTICS, FEDERAL BUREAU OF INVESTIGATION, 2001 » Racism demeans both the hated and the hater, because racists, in 94 DISCRIMINATION denying full humanity to others, fail the humanity in themselves. Like tribalism, fundamentalism, homophobia and all the other GOOD TO KNOW shallow responses of one person to another, racism concentrates 1. GOOD PRACTICES • Abolition of Apartheid on WHAT you are, and ignores In the case “AZAPO vs. President of the WHO you are. Racism sees only • Voluntary Codes of Conduct in the Republic of South Africa” of the South African the label – not the person wea- Private Sector Truth and Reconciliation Commission, the ring it. Racism loves `us’ and Many multinational companies (e. g. Nike, then Deputy President of the Constitutional hates `them’, without ever dis- Reebok, Daimler Chrysler, Volkswagen, Court, Judge Mahomed stated that, “For covering the true identity of Hennes & Mauritz) have established self- decades South African history has been `them’.« obligatory codes of conduct for themselves dominated by a deep conflict between a white TIMOTHY FINDLEY and their partners to prevent, amongst other minority which reserved for itself all control things, racially motivated discrimination. over the political instruments of the state and a black majority who sought to resist that The first democratic elections were held in • Combating Racism within the European domination. Fundamental human rights April 1994 after more than three centuries of Football League became a major casualty of this conflict as the colonialism and oppression. The “Union of European Football Asso- resistance of those punished by their denial ciations” (UEFA) has issued a ten-point was met by laws designed to counter the Obviously the effects of discrimination are action plan listing a variety of measures, effectiveness of such resistance (. . .).” Quite still clearly visible and will probably take which urge clubs to promote the anti-racist soon after it came into power in 1948, the many generations to disappear, but the campaign amongst fans, players and officials. National Party started to enact legislation foundation has been laid with a Constitution The plan includes measures like taking aimed at keeping the various races in South and Bill of Rights that clearly prohibit unfair disciplinary action against players who Africa apart, and hence the word discrimination. engage in racial abuse, or making public “Apartheid”. In every sphere of life whites announcements condemning racist chanting were afforded superior treatment. Eventually at matches. both sides realized that South Africa was 2. TRENDS staring down an abyss and negotiations Furthermore the UEFA financially supports towards a democratic South Africa started • Relation between Poverty and Racism/ the “Football against Racism in Europe soon after the African National Congress Xenophobia network” (FARE). This network supports and (ANC) and other liberation movements were A potential relation between poverty on the coordinates actions at local and national level unbanned and its famous leader and later one hand and racism and xenophobia on the to fight racism and xenophobia in football president of South Africa, Nelson Mandela, other can be considered in different ways. across Europe. was released from prison in February 1990. Does racism or xenophobia cause poverty? DISCRIMINATION 95

And furthermore, does poverty lead to active excluding behavior in which the struggle for adopted protocol criminalizes “acts of racist or passive forms of racism or xenophobia? their own survival seems to be the main and xenophobic nature committed through Consistent answers to these questions do not motivation, rather than a racist ideology. computer systems” and hopefully will func- exist; the interpretations of studies and tion as a role model for further development observations are extremely varied. There are, • Racism on the Internet in the field. however, growing numbers of experts who The internet has become a forum for over confirm that there is a connection. 300 million potential users around the world. Anti-Islamism: The It is an important medium for all actors in Aftermath of In many parts of the world poverty is a society. But the potential of the so-called 11 September 2001 matter of ethnicity. According to the United “super-highway” to inform and entertain on a In the week following the 11 September 2001 States Department of Agriculture, African- worldwide scale also has its dark sides. attacks there were 540 reported attacks on American and Hispanic households face food Racist, violent and extremist organizations Arab-Americans and at least 200 on Sikhs insecurity and hunger rates up to three times and groupings quickly learned to use this (Indian descent) on national U. S. territory, higher than white households. Visible medium and took advantage of it. Racism on compared with 600 reported attacks on Arab- minority immigrants are confronted with the internet is a growing problem. As the Americans in 2001 (Crisis Response Guide, neediness worldwide. Quite often racism annual report of the European Monitoring Amnesty International, 2001). seems to be a cause for these circumstances Centre on Racism and Xenophobia (EUMC) Religious Freedoms Module. (e. g. barriers to equal participation in the job 1999 highlights, in 1995 there was just one market). site inciting racial hatred. By November In Europe numbers are similar. In relation to 1997, already 600 sites, and in January 1999, these facts the following article is to be seen A very controversial issue is the debate on already 1429 sites were counted. How many as an illustrative personalized example and a greater racist tendencies in poorer classes of more of such sites are still undiscovered, starting point for a discussion: society. Some experts believe that lower remains uncertain. education is more prevalent within the (Excerpts from the interview of an US poorer population. They then conclude that Combating online extremism presents journalist with a young Bangladeshi woman even though racism certainly exists in “upper enormous technological and legal difficulties. with US citizenship): classes with higher education” as well, Racist material on the internet is to become poverty linked with less education may lead illegal in Europe since the Council of Europe (. . .) Seema is 18, fresh out of high school. to a higher probability of racist attitudes. voted to adopt the “Additional Protocol to the Born in Bangladesh, she has spent nearly half This kind of racism, however, is seen as an Convention on Cyber Crime”. This newly her life in this country, in Woodside, Queens. 96 DISCRIMINATION

She’s small, serious and, as the eldest of three had fallen under the spell of Islam. Seema 3. CHRONOLOGY children in an immigrant family, she is, by cringed. ‘`Islam is not a witch, or some kind her own admission, also a worrywart. Every of a magic spell,’’ she said (. . .). Major Steps in the History of Combating move she makes, she said, she worries about Racial Discrimination: how it will affect her family (. . .). Seema’s SOURCE: 1945 Charter of the United Nations (Art 1, EXCERPTS FROM AN ARTICLE OF THE NEW YORK TIMES, English is all Queens, but a hint of Bengali JULY 7, 2002, “BEARING THE WEIGHT OF THE WORLD, par 3) comes through. She is a United States citizen. BUT ON SUCH NARROW SHOULDERS”, BY SOMINI 1948 UN Universal Declaration of Human But truth be told, she said, she can’t really SENGUPTA (NYT), ORIGINAL 831 WORDS Rights (Art 1,2) think of herself as an American. `’Bengali 1963 UN Declaration on the Elimination of first,’` she said, before offering her puzzlement All Forms of Racial Discrimination on what makes an American (. . .). Questions DISCUSSION 1965 International Convention on the about what makes an American have always QUESTIONS Elimination of All Forms of Racial hovered over girls like her. It’s just that Sept. Discrimination (CERD) 11 and its aftermath have brought them into • What rights have been violated in this 1973 International Covenant on the sharp relief. For weeks after the attacks, story? Suppression and Punishment of the Muslim girls she knew took their head scarves • What could those who are victims do to Crime of Apartheid (Art 1, par 1) off. (Seema is Muslim, but she doesn’t cover.) regain those rights? 1978 UNESCO Declaration on Race and Boys shaved their beards. Others were beaten • What questions did you ask yourself after Racial Prejudice up because they wore turbans; they weren’t September 11? 1978 First World Conference in Geneva to even Muslim. Her father, a restaurant worker, • Do you believe the events of 09/11 should Combat Racism and Racial Discrimi- feared losing his job. Her mother was afraid to change people’s rights? nation walk home from the subway in her loose- • Who decides what rights apply to certain 1983 Second World Conference in Geneva fitting salwar kameez suits. School could be people? to Combat Racism and Racial Dis- worst of all. Once, when a teacher cheered the crimination bombing of Afghanistan, Seema recalled 1998 Statute of the International Criminal raising her hand to say something about the Court fate of Afghan civilians; she was laughed at 2002 Third World Conference Against Ra- by classmates. Another teacher said cism and Racial Discrimination, something about how John Walker Lindh, the Xenophobia and Related Intolerance alleged Taliban sympathizer from California, (Declaration and Programme of Action) DISCRIMINATION 97 SELECTED ACTIVITIES

ACTIVITY I. “ALL HUMAN PART III: SPECIFIC INFORMATION advantage with a 5 rating means that the BEINGS ARE BORN EQUAL ” ON THE EXERCISE members of the group step forward five Description of the activity/Instruction steps, a disadvantage with a 3 rating PART I: INTRODUCTION • Divide the participants into small groups. makes them step backward three steps). Talking about discrimination may enlighten Ask half of the groups to list five The participants must not speak during people about its origins and mechanisms, but advantages and five disadvantages of the activity. it can never be as impressive and instructive being a woman/a member of an ethnic • When a large gap can be seen between the as feeling the emotions as a victim of minority/a member of a sexual minority. groups stop reading and ask the discrimination. Thus, this activity allows the Ask the others to do the same for men/ participants to turn and look at each other. participants to identify discrimination and to members of an ethnic majority/hetero- Ask some from each group: How do you experience it on their own. sexuals. feel in your position? Do you want to say • Write the results on a flipchart and ask the anything to the persons in the other PART II: GENERAL INFORMATION whole group to rate on a scale of 1 – 5 group? How would you feel if you were in ON THE EXERCISE how important each item is to the life of the other group? Type of activity: single activity an individual (5 means “very important”, 1 means “not important”) Feedback Aims and objectives: giving participants the • Draw a starting line on the floor and ask Gather in a circle and ask the participants to opportunity to find out about discrimination the participants to stand behind it. Explain sum up what they felt and thought during the both intellectually and emotionally to the participants that they are newborn activity. babies, starting their lives “born free and Target group: young adults, adults equal”. Then ask each participant to draw Methodological hints a card indicating whether s/he is “male” If the participants do not touch on this point, Group size/social organisation: 15–20 or “female”/“a member of the majority make sure to emphasize the cumulative and group” or “a member of the minority the arbitrary aspect of discrimination. Time: 30–60 min group”. • Then read one by one the advantages and Tips for variation Material: items for random selection, chalk, disadvantages for each group and add the This activity can be adapted to any topic or flip chart, and pens rating of each. The members of the target group depending on the questions addressed group have to step forward or posed. Skills involved: backward according to the ratings (e. g. an • taking all aspects under consideration • empathy 98 DISCRIMINATION

PART IV: FOLLOW-UP Target group: young adults create the roles for one member of the family Related rights/areas of further exploration: and elect a person to act in the role-play. Human rights in general, women’s rights, Group size/social organisation: 8–30 minority rights Performance of the role-play Time: 45–60 min Ask for volunteers to be special observers, SOURCE: one to watch each role player and to take ADAPTED FROM “METHODOLOGIES FOR HUMAN RIGHTS EDUCATION”. HUMAN RIGHTS RESOURCE CENTER, Preparation: Role cards (if they are not note of all arguments s/he uses. The rest of UNIVERSITY OF MINNESOTA prepared by the participants) the group is general observers. Place chairs in the middle of the room (according to the Material: Paper and pens for the special number of role players) representing a living ACTIVITY II. “GUESS WHO IS observers room, the arena of a family discussion. COMING FOR DINNER” Skills involved: Social skills: listening to Give a signal to start the role-play and after PART I: INTRODUCTION others, asking questions, problem solving; about 15 minutes of time, depending on the Few people think of themselves as racist, but critical thinking skills: logical reasoning, way it develops, another one to indicate the when it comes to family matters . . . What critical analysing. end. would your parents say if you confronted them with a boy/girl-friend with another skin PART III: SPECIFIC INFORMATION Feedback colour than yours (or of another religion, or ON THE ROLE PLAY First give all role players the opportunity to sexual orientation, or with a disability. . .)? Instruction (one possible variation: White explain how they felt. Then ask the special family – parents and two children, daughter, observers to read out the arguments used by Type of activity: Role Play 25, daughter’s boyfriend from an African the role players. After this you can start the country) general discussion. During the discussion PART II: GENERAL INFORMATION you may stress the questions of different ON THE ROLE PLAY Explain to the group that they have to social and cultural backgrounds, gender prepare and perform a role-play on a “family identities, homosexuality (what if the Aims and objectives conference”: a girl tells her parents that she daughter presented her girlfriend, the son his High lightening the role of the family in is going to live with her boyfriend. Ask the boyfriend?) etc. creating and transmitting values participants to imagine the discussions bet- Analysing the messages young people receive ween the young woman and her parents, her Methodological hints in their families sister or brother, her boyfriend. Then divide If the group is familiar with role-playing no Analysing the values behind the messages the group into small groups according to the more instructions are needed. If not, it is number of roles. Each small group should important to stress that role-playing does not DISCRIMINATION 99 REFERENCES mean acting. A role player remains herself/ Allport, Gordon. [1954] 1988. The Nature of Prejudice. European Monitoring Centre on Racism and Cambridge: Perseus Publishing. Xenophobia (EUMC). 2001. Statement on Behalf of himself while presenting a determined role or EUMC at Public Hearing of the EC Regarding Computer- attitude while an actor interprets a character Amnesty International USA, 2001. September 11th Crisis Related Crime”. Brussels. available online at: different from her/his own. Response Guide, Human Rights Education Program. New http://europa.eu.int/ISPO/eif/InternetPoliciesSite/Crime York: Amnesty International. /PublicHearingPresentations/EUMC.html.

Tips for variation Anti-Defamation League. 1999. Poisoning the Web: Flinterman, Cees and Catherine Henderson. 1999. Hatred Online, An ADL Report on Internet Bigotry, Special Human Rights Treaties. Edited by Raija Hanski If there is not much time for this activity the Extremism and Violence. New York: Anti-Defamation and Markku Suksi. An Introduction to the International facilitator can prepare role cards. It is League. Protection of Human Rights. Turku/Abo: Institute for recommended to adapt the activity to the Human Rights, Abo Akademi University. BBC News. 2001. Europe’s Neglected Race. available social and cultural reality of the participants. online at: Geiss, Imanuel. 1988. Geschichte des Rassismus. Not an “exotic” person should be introduced http://news.bbc.co.uk/1/hi/world/europe/1525617.stm. Frankfurt: Suhrkamp. to the family but someone they can meet on Burgmer, Christoph, ed. 1999. Rassismus in der Hagendoorn, Louk. 1999. Introduction: A Model of the the street every day – this can include people Diskussion. Berlin: Elefanten Press Berlin. Effects of Education on Prejudice and Racism. Edited by from all kinds of minorities, social and Louk Hagendoorn and Shervin Nekuee. Education and Capitanchik, David and Michael Whine. 1996. The Racism. Aldershot: Ashgate Publishing Ltd. cultural backgrounds. Governance of Cyberspace: Racism on the Internet. available online at: Heckmann, Friedrich. 2001. Racism, Xenophobia, Anti- PART IV: FOLLOW-UP http://www.media-awareness.ca/eng/issues/internet/ Semitism: Conceptual Issues in the Raxen Project. Paper resource/jpr.htm. read at Raxen Workshop, 5 – 6 November in Vienna, If it is possible to get a copy of the film, it Austria. could be nice to offer the old Katherine Cervenakova, Anna. 2001. Institutionalised Racism and Roma. Speech held at panel discussion, Institutionalised Hepburn/Spencer Tracy movie Guess who’s Jackson, Andrew. 2001. Poverty and Racism. Article Racism/Castism. NGO Forum of the World Conference on based on a presentation made to the Canadian Human coming to dinner, e. g. as an evening enter- Racism. Rights Commission’s Forum on Racism, 21 March. tainment. Available online at: Constitutional Court of South Africa. Case AZAPO v. http://www.ccsd.ca/perception/244/racism.htm. President of the Republic of South Africa. available online Related Rights/further areas of at: www.concourt.gov.za/idex.html. Jusuf, Ester I. 2000. About Racism. Quoted in Jennie exploration S. Bev. 2000. Human Rights Law and Issues. available Council of Europe. 2002. COMPASS, A Manual on online at: Minority rights, immigration, “clash of civili- Human Rights Education with Young People. Council of http://www.suite101.com/article.cfm/human_rights/432 zations” Europe, Strasbourg: Council of Europe. 65.

Danckwortt, Barbara, Thorsten Querg and Claudia Kongidou, Dimitri, Evangelia Tressou-Mylona and SOURCE: Schöningh, eds. 1995. Historische Rassismusforschung. Georgios Tsiakalos. 1994. Rassismus und Soziale ADAPTED FROM “ALL DIFFERENT – ALL EQUAL. Ideologien-Täter-Opfer. Hamburg: Argument Vlg. Ausgrenzung unter Bedingungen von Armut. Edited by EDUCATION PACK. IDEAS, RESOURCES, METHODS AND ACTIVITIES FOR INFORMAL INTERCULTURAL EDUCATION WITH YOUNG PEOPLE AND ADULTS”. EUROPEAN YOUTH CENTRE 1995. 100 DISCRIMINATION

Siegfried Jäger. Aus der Werkstatt: Antirassistische Taran, Patrick A. 2001. Foundations of Dignity, Current ENAR – European Network against Racism: Praxen. Konzepte – Erfahrungen – Forschung. Duisburg: Dynamics of Migration and the Response of International http://www.enar-eu.org DISS. Standards. Speech held at parallel event of World Conference on Racism and Xenophobia in Durban 2001. European Monitoring Centre on Racism and Xeno- Lodenius, Anna-Lea for Save the Children Sweden. available online at: phobia: http://www.eumc.at 2000. How to Fight Racism on the Internet. available http://www.december18.net/UNWConfNGO16.htm. online at: European Roma Rights Centre: http://www.errc.org http://www.rb.se/pdf/HowToFightRacismOnTheInternet UNESCO & Office of High Commissioner of Human .PDF. Rights. 2001. United To Combat Racism, Selected Articles Focus on the Global South: http://www.focusweb.org and Standard-setting Instruments. Paris: UNESCO Maddex, Robert L. 2000. International Encyclopedia of Publishing. Football Against Racism in Europe: Human Rights, Freedoms, Abuses, and Remedies. http://www.farenet.org/ Washington: CQ Press. Zivilcourage und Anti-Rassismus-Arbeit (ZARA). 2001. Racism Report: Case Reports on Racist Excesses and International Movement Against All Forms of Marschik, Nikolaus. 1999. Die UN-Rassendiskri- Structures in Austria. Vienna: Manz Crossmedia. Discrimination and Racism: minierungskonvention im Österreichischen Recht. Wien: http://www.imadr.org Verlag Österreich. Kok, Anton. Human Rights Centre of University of Pretoria, November 2002. Special contribution to the South African Human Rights Commission: Morawa, Alexander H. E. 2002. The Concept of Non- Module on “Apartheid in South Africa”. http://www.sahrc.org.za Discrimination: An Introductory Comment. Journal on Ethnopolitics and Minority Issues in Europe (Flensburg), The Asia Foundation: http://www.asiafoundation.org no. 3/2002. Third World Network: http://www.twnside.org.sg ADDITIONAL INFORMATION: Nowak Manfred. 2000. Civil and Political rights. Edited United Nations High Commissioner on Human Rights: by Janusz Symonides. Human Rights: Concept and http://www.unhchr.ch Standards. Paris: UNESCO Publishing. Anti Racism Network: http://www.antiracismnet.org United Nations World Conference against Racism, Nowak Manfred. 2002. Einführung in das Internationale Commission for Racial Equality: Racial Discrimination, Xenophobia and Related Menschenrechtssystem. Wien: NWV. http://www.cre.gov.uk. Intolerance: Oxford Advanced Learner’s Dictionary. 2000. available Convention on the Elimination of All Forms of Racial http://www.unhchr.ch/html/racism/program.htm online at: http://www1.oup.co.uk/elt/oald/. Discrimination: http://193.194.138.190/html/menu3/b/d_icerd.htm Reardon, Betty A. 1995. Educating for Human Dignity, Learning about Rights and Responsibilities. Philadelphia: Committee on the Elimination of Racial Discrimi- University of Pennsylvania Press. nation: http://193.194.138.190/html/menu2/6/cerd.htm Reardon, Betty A. 1997. Tolerance – the Threshold of Peace. vol.1. Paris: UNESCO Publishing. ECRI – European Commission against Racism and Intolerance: http://www.ecir.coe.int RIGHT TO HEALTH

SOCIAL IMPLICATIONS SCIENTIFIC PROGRESS AVAILABILITY AND QUALITY

»Everyone has the right to a standard of living adequate for the health of himself and his family, including food, clothing, housing and medical care and necessary social services.« ARTICLE 25, UNIVERSAL DECLARATION OF HUMAN RIGHTS 102 THE RIGHT TO HEALTH ILLUSTRATION STORY

Maryam is 36 years old and the mother of six visited the local herbalist and took herbal dishonor. Miriam was badly injured; she children. She grew up in a village far from the mixtures and wore amulets that bore no thought she had fractured ribs. For weeks she urban centers. She stopped schooling after the result. She rarely had time to go to the health could not move out of the house. She did not second grade. Her parents were poor and the clinic and when she did go because her have any money to go to the health center for school was a four-kilometer walk from her children were sick, she could not bring herself care, or any way to get there. No one in the home village. Her father believed that to speak of contraception with the nurse. The village helped her although some of the people educating a girl was a waste of time and nurse, while she seemed to understand thought that her husband had gone too far. A effort since girls are destined for marriage and Maryam’s local language, preferred to speak wife is the husband’s affair. Unable to go to not for earning a livelihood. in the dominant language spoken in the the market to trade or take care of her garden, capital and among the educated class. The Maryam and her children nearly starved. When she was 12, Maryam was circumcised nurse intimidated Maryam. according to the local custom. At 16, she was Maryam felt that there would be future married to a man in his early fifties. Her Her life was a long saga of violence, poverty violence. She feared for her life and that of her father gained a substantial sum in the bride and want. Maryam struggled to keep body children. In a dream she saw her own death wealth paid by the groom. The very next year and soul together throughout her several and she knew that she had to leave. As soon she gave birth to a boy. The child was pregnancies and raising her children. She as she could walk, she took her two youngest stillborn. The regional clinic was 10 cultivated a small farm plot to feed her and left the village. She now lives in another kilometers from the village and did not attend children because her husband never gave her village, a refugee in her own country, living in deliveries. Miriam’s husband often beat her enough money. She approached her parents fear of being found by her husband and taken during pregnancy and she believed that the and even the visiting missionary. They all told back home. baby was born dead because of these her to obey her husband and reminded her beatings. However, her family and many in that her duty was to him and to the family. (Adapted from the WHO Training Curri- the village placed the blame for the stillbirth culum: Gender and Rights in Reproductive on Maryam. One day her husband accused Maryam of Health) Maryam had no desire to have sex with her ‘keeping company’ with another man. He husband. She was afraid of him and feared claimed he had seen her laughing and pregnancy. Her husband considered it his chatting with a local villager on market day. right to have sex with her and regularly forced When she answered back, he hit her himself on her. Maryam did not want to get repeatedly, knocking her to the ground, pregnant again but had little choice. She calling her a whore and vowing to avenge his THE RIGHT TO HEALTH 103

DISCUSSION QUESTIONS 6. Although there is a health center in the 7. Look at the chart below: Examples of the region, how useful was it to Maryam? links between health and human rights are Look at the discussion points listed below Explain. given. Which links relate directly to the from the perspective of the definition of issues presented in the story of Maryam? health as stated in the 1946 World Health Organization (WHO) constitution: “a state of complete physical, mental, and social well- being, and not merely the absence of disease or infirmity”

1. When did Maryam’s problems begin? 2. How was she treated by those in authority (father, husband, nurse and missionary)? Why? 3. What was the impact of poverty on Maryam’s life and that of her children? Do you think that Maryam and her husband were equally poor? 4. How would you rank each group (men, women and children) in Maryam’s community according to their status and power in the community? Explain. 5. What information would Maryam need to change the circumstances of her life and that of her children? 104 THE RIGHT TO HEALTH NEED TO KNOW

1. THE RIGHT TO HEALTH IN conventional health sector and affects the A BROADER CONTEXT » As living beings we all wish to social determinants of health. achieve happiness and avoid The human right to health presents a vast suffering. Our desire for health, and complex set of inter-linking issues for complete physical and mental HUMAN SECURITY AND HEALTH because health and well-being are intrinsi- well-being, is an expression of cally connected to all stages and aspects of this, for everyone wants to be The increasing number of armed conflicts life. Specific rights relating to health are well and no one wishes to be and emergencies and the enormous number found in the international human rights sick. Consequently, health is not of refugees seeking protection from war and documents. Essentially all human rights are a matter of merely personal natural disasters place their human right to interdependent and interrelated, making interest, but a universal concern life at the center of the right to health. human rights realization as well as human for which we all share some Organizations, such as the International rights neglect or violation relevant to a responsibility.« Committee of the Red Cross, Physicians for number of human rights rather than to a THE DALAI LAMA Human Rights, Médecins sans Frontières and single, isolated right. This interconnec- Médecins du Monde mobilize health tedness becomes evident when one considers professionals to apply a human rights that human well being (i.e. health) requires Declaration of Human Rights (UDHR), Article framework to assure the right to health in the satisfaction of all human needs, whether 25 of which states: “Everyone has the right to emergencies and other situations of human physiological, such as the need for air, water, a standard of living adequate for the health insecurity. food and sex, or social and psychological, and well-being of himself and his family, Violence is a major public health problem such as the needs for love and belonging to including food, clothing, housing and medical and a serious impediment to the realization friends, family and community. care and necessary social services, …”. of the right to health. Each year millions of people die as a result of injuries due to Human rights have to do with the obligations A broad and visionary definition of health is violence. Others survive but live with of states to contribute to meeting those needs set out in the preamble of the World Health disabilities, both physical and psychological. and to enabling groups and individuals to Organization (WHO) “a state of complete Violence is preventable. It is the result of live in dignity. Following World War II, the physical, mental, and social well-being, and complex social and environmental factors. United Nations Charter made it clear that not merely the absence of disease or Experience of collective violence, civil and member states had obligations with respect infirmity.” This holistic view of health under- international wars in a country is reported to to human rights. The human right to health scores the fact that much of the policy that make the use of violence within those states was made explicit in the 1948 Universal determines health is made outside the more common. THE RIGHT TO HEALTH 105

» It is my aspiration that health will finally be seen not as a blessing to be wished for, but as 2. DESCRIPTION AND DEFINITION There are a number of regional human rights a human right to be fought for.« OF THE ISSUE treaties that further define the right to health, KOFI ANNAN including Article 11 of the European Social Health and Human Rights Charter of 1961 as revised in 1996, Article 10 Important links exist between health and of the Additional Protocol to the American human rights. Areas of intersection include: Convention on Human Rights in the Area of violence, torture, slavery, discrimination, 1. The States Parties to the present Covenant Economic, Social and Cultural Rights of 1988, water, food, housing and traditional recognize the right of everyone to the and article 16 of the African Charter on practices, to name a few. enjoyment of the highest attainable stan- Human and Peoples’ Rights of 1981. The UDHR commitment to the human right dard of physical and mental health. to health as part of the right to an adequate 2. The steps to be taken by the States Parties Governments approach their obligations standard of living was made more explicit in to the present Covenant to achieve the full under Article 12 of the ICESCR in different Article 12 of the International Covenant on realization of this right shall include those ways and the body in charge of monitoring Economic, Social and Cultural Rights, 1966, necessary for: application of the Covenant sought to clarify (ICESCR). This treaty was adopted at the a. The provision for the reduction of the still- states’ obligations by releasing an inter- same time as the International Covenant on birth rate and of infant mortality and for pretative text called General Comment 14, Civil and Political Rights (ICCPR). The the healthy development of the child; which it adopted in May 2000. This General separation through the Covenants into two b. The improvement of all aspects of Comment stresses how the realization of the categories is symptomatic of Cold War environmental and industrial hygiene; human right to health relies on the tensions in which the Eastern countries c. The prevention, treatment and control of realization of other human rights, including prioritized the human rights in the ICESCR epidemic, endemic, occupational and the rights to life, food, housing, work, while the Western countries championed other diseases; education, participation, enjoyment of the civil and political rights as the center of d. The creation of conditions which would benefits of scientific progress and its human rights concerns. To date the ICCPR assure to all medical service and medical application, freedom to seek, receive and has been ratified by 149 countries, and the attention in the event of sickness. impart information of all kinds, non- ICESCR by 146; the United States has signed discrimination, prohibition of torture and both but only ratified the ICCPR and China freedom of association, assembly and has signed both but only ratified the ICESCR. movement. The text of Article 12 of the ICESCR is the bedrock of the right to health and it reads: 106 THE RIGHT TO HEALTH

Man is the cure for man. TRADITIONAL WOLOF SAYING. Thucydides on being asked, “When will justice come to Availability, Accessibility, Athens?” , replied “Justice will The Beijing Declaration and Acceptability and Quality come to Athens when those who Platform for Action (1995) brings into focus The General Comment also sets out four are not injured are as indignant the holistic view of health and the need to criteria by which to evaluate the right to as those who are.” include women’s full participation in society health: as follows:

Availability includes the functioning public Non-Discrimination “Women’s health involves their emotional, health and health-care facilities, goods and Discrimination because of sex, ethnicity, age, social and physical well-being and is services, as well as programs, that have to be social origin, religion, physical or mental determined by the social, political and available in sufficient quantity. disability, health status, sexual orientation, economic context of their lives, as well as by nationality, civil, political or other status can biology. To attain optimal health, equality, Accessibility of facilities, goods and services impair enjoyment of the right to health. including the sharing of family responsi- for health requires non-discrimination, Particularly important in this regard are the bilities, development and peace are necessary physical accessibility, affordability and the UDHR, the International Convention on the conditions.” Mainstreaming these principles adequate information. Elimination of All Forms of Racial Dis- is also occurring throughout the UN system crimination (CERD) of 1965 and the Inter- and through the efforts of non-governmental Acceptability requires that all health national Convention on the Elimination of All organizations (NGOs). Women, children, facilities, goods and services must be Forms of Discrimination Against Women people with disabilities and indigenous and respectful of medical ethics and culturally (CEDAW) of 1979, all of which refer to access tribal peoples are among the vulnerable and appropriate, sensitive to gender and life-cycle to health and medical care without marginalized groups that suffer health requirements, as well as being designed to discrimination. Articles 10, 12 and 14 of problems due to discrimination. An example respect confidentiality and improve health CEDAW affirm women’s equal rights to of elaboration of the right to health as has and the health status of those concerned. access of health care, including family occurred in the case of women illustrates the planning, appropriate services for repro- increased emphasis on the obligation of Quality demands that health facilities, goods ductive health care and pregnancy and family governments to aid in the full realization of and services must be scientifically and health care services. the right to health. medically appropriate and of good quality. THE RIGHT TO HEALTH 107

The Right to Enjoy the Benefits of reference to the right of each state “to deter- health impacts. The ability of governments to Scientific Progress mine what constitutes a national emergency mitigate the possibly negative consequences The AIDS pandemic has revealed the urgency or other circumstance of extreme urgency of the increasing flow of goods, money, of making drugs and scientific knowledge [allowing exceptions to patent protection], it services, people, culture and knowledge available to people in developing countries. being understood that public health crises, across national borders has not been able to Limited access to anti-retroviral therapies has including those relating to HIV/AIDS, keep up with this movement. At the same raised awareness that in order to realize the tuberculosis, malaria and other epidemics, time, multinational companies have been highest attainable standard of health, people can represent a national emergency or other able to escape accountability. For example, throughout the world need to have the circumstance of extreme urgency.” according to the World Health Organization’s opportunity to make use of scientific Task Force on Health and Economics, knowledge relevant to health and to pursue Globalization and the Human Right to harmful substances such as tobacco are scientific inquiry freely. Governments have Health freely traded without adequate protection of long recognized in Article 15 of the ICESCR Since the 1970s the world economy has the health of populations. the right “to enjoy the benefits of scientific changed dramatically because of globali- progress and its applications” and their zation, which has had direct and indirect Challenging trade laws and practices on the obligation to conserve, develop and diffuse impacts on health. Some results led to basis of human rights law has been science and scientific research. The right to positive changes such as: increase in motivated in large part by concerns about the benefit from life saving drugs is thwarted by employment opportunities, sharing scientific right to health. An example of the increased intellectual property rights that protect the knowledge, and increased potential for awareness of the need for greater regulation patent rights of drug companies. The policies delivery of a high standard of health has occurred regarding pharmaceutical of certain countries, like South Africa, India, throughout the world enabled by partner- licenses. Through the Doha Declaration Brazil and Thailand have found ways around ships between governments, civil society and (2001), the members of the WTO accepted patent protection and the World Trade corporations. However, the negative that governments could grant compulsory Organization (WTO) during the Doha consequences have also been great as trade licenses to manufacture drugs in case of Ministerial Conference in 2001 agreed that liberalization, investment in countries with emergencies (Art. 5), that aid should be the rules protecting such patents “should be low labor standards and marketing new provided to countries with no manufacturing interpreted and implemented in a manner products worldwide have in some cases, due capacity to obtain pharmaceuticals (Art. 6) supportive of WTO members’ rights to protect to government failure or lack of regulation, and that developed countries should assist public health and, in particular, to promote produced unequal benefits among and within developing countries to obtain transfer of access to medicines for all” and made specific countries, and thus brought about negative technology and knowledge in the area of pharmaceuticals (Art. 7). 108 THE RIGHT TO HEALTH

» Human beings are at the center of concerns for sustainable Health and the Environment development.« reviewed the implementation of Agenda 21. The right to a healthy environment as stated RIO DECLARATION, 1992 In the Johannesburg Plan of Implementation in the UN General Assembly resolution 45/94 a strong commitment was expressed to of Dec. 14, 1990, calls for people to have a improve worldwide health information right to “to live in an environment adequate • 5 million people, predominantly women systems and health literacy, reduce the for their health and well-being”. This right has and children, die every year from diseases prevalence of HIV, reduce toxic elements in been recognized in 90 national constitutions, related to water quality. the air and water and integrate health including most national constitutions concerns with eradication of poverty. enacted since the Rio Conference on Environ- In a communication lodged with the African ment and Development (1992). The Earth Commission on Human and Peoples’ Rights A new principle for guiding human activities Summit in Rio de Janeiro and the plan in 1996, several NGOs alleged that the to prevent harm to the environment and to adopted as Agenda 21 (1992) created a single military government of Nigeria had been human health has been emerging over the policy framework that brought together directly involved in oil production through past ten years: the principle of precautionary social, economic and environmental con- the State oil company and Shell Petroleum action or the precautionary principle. The cerns as interdependent pillars of sustainable and that these operations caused principle, better defined and formulated by development. Safe and clean water and air environmental degradation and health an international group of scientists, and adequate supplies of nutritional food are problems resulting from the contamination of government officials, lawyers, and labor and all related to a healthy environment and the the environment among the Ogoni People. In grass-roots environmental activists in 1998 in realization of the right to health. Yet, ten October 2001, the African Commission found Wisconsin, USA requires the proponent of a years after Agenda 21 the following statistics the Federal Republic of Nigeria in violation of new technology to prove it safe before it show the inadequacies of efforts to reach the seven articles of the African Charter on reaches the public or affects the environ- desired goals: Human and Peoples’ Rights, including the ment. Last but not least, all decisions right to health. This is an important applying the precautionary principle must be • 800 million people suffer from hunger; precedent for the responsibility of the state to “open, informed, and democratic” and “must • 1.5 billion people do not have access to protect the environment and the health of the include affected parties.” safe drinking water; local people against the effects of this type of • 2.5 billion people lack adequate sanitation activity. services; The World Summit on Sustainable Develop- ment (WSSD) in Johannesburg in 2002 THE RIGHT TO HEALTH 109

3. INTERCULTURAL land and the right to sustainable develop- values, however senseless or destructive they PERSPECTIVES AND ment. Recognizing the widespread use and may appear from a personal and cultural CONTROVERSIAL ISSUES benefits of TM and the importance of standpoint of others, have meaning and fulfill economically and culturally appropriate a function for those who practice them. The 1993 Vienna Declaration makes it clear therapies, the WHO has developed a However, culture is not static but it is in that differences should be acknowledged, but Traditional Medicine Strategy (2002-2005) constant flux, adapting and reforming.” not in ways that deny the universality of to help ensure the rational use of TM human rights. General Comment 14 on the throughout the developing world. Right to Health builds on this awareness by 4. IMPLEMENTATION AND requiring that health facilities, goods and In other instances the right to health may be MONITORING services be culturally appropriate. One neglected or violated because of unequal cultural aspect of the human right to health power relations based on gender, age, race, Respecting, Protecting and is the overemphasis on the biomedical religion, ethnicity, etc. which exist within Fulfilling the Human Right system of health and therefore on the groups and are considered fundamentally to Health understanding of how to realize the human bound to culture. Again the basic principle of Government obligations towards assuring right to health. However, in many places in non-discrimination applies. Female genital that the members of society enjoy the highest the world traditional medicine (TM) cutting (FGC) is a practice that has a wide attainable standard of health require a range dominates health care practice. In Africa up distribution over much of Africa and parts of of commitments. The obligation to respect to 80% of the population uses TM to help the Mediterranean and Middle East. The the human right to health means that the meet their health care needs. In Asia (in practice, although often falsely ascribed to state cannot interfere with or violate the China in particular), Latin America, and the practice of religion, has a history going right. An example would be refusing to among the indigenous people of Australia back for over 2000 years. The practice may provide health care to certain groups such as and the Americas, TM is widely used (more severely impair the physical and ethnic minorities or prisoners, and arbitrarily than 40%). The WHO defines TM as psychological well-being of girls and women. denying health care as in the case of not therapies that “involve use of herbal According to a joint statement by the WHO, allowing women to be cared for by male medicines, animal parts, minerals and non- UNICEF and UN Population Fund from doctors and not providing female doctors. medication therapies, manual therapies and February 1996: “It is unacceptable that the Protecting the right to health means that the spiritual therapies.” The practice of TM is international community remain passive in state must prevent non-state actors from closely tied to the right to culture, laws the name of a distorted vision of multi- interfering in any way with the enjoyment of protecting intellectual property, the right to culturalism. Human behaviors and culture the human right. An example would be 110 THE RIGHT TO HEALTH

preventing a corporation from dumping toxic infectious disease that limits have been Monitoring Mechanisms waste into a water supply. If the violation placed on other freedoms. Inhibiting freedom Ensuring that governments comply with their occurs, the state must provide the people of movement, setting up quarantines and obligations to respect, protect and fulfill the with some form of redress. This also means isolating people are measures that have been right to health requires mechanisms at both that the state is obliged to adopt necessary taken to prevent spread of serious the national and international levels. At the and adequate legislation, such as laws communicable diseases such as Ebola, AIDS, national level, government commissions, regulating and monitoring toxic waste typhoid and tuberculosis. These measures ombudspersons and NGOs can participate in management. Fulfilling the right means that have at times been excessive. In order to a formal review process once the country has the state must be proactive in providing prevent human rights abuses being ratified the treaty guaranteeing the right to access to health care. For example, a committed in the name of public health, health. Each party to the human rights treaty sufficient number of health clinics should be restrictive action must be taken by the must submit a report to a treaty-monitoring established to serve a population and these government only as a final resort. The body. At the time of the review NGOs also clinics should provide services according to Syracuse Principles provide the narrowly submit reports which are often referred to as the means of the population they serve. The defined framework under which restrictions “shadow reports”. These shadow reports state should publicize location, services, and may be imposed: offer the view of civil society and may not be requirements of the clinic. This cannot be in agreement with the government’s report. assured where health care is relegated only to • The restriction is provided for and carried All submitted information is taken into the private sector. out in accordance with the law; account when the treaty body prepares • The restriction is in the interest of a Concluding Comments and Observations. Limitations on the Human Right to Health legitimate objective of general interest; While there is no way of enforcing com- Some human rights are so essential that they • The restriction is strictly necessary in a pliance, this report becomes part of the can never be restricted. These include democratic society to achieve the objec- public record and in this sense the country freedom from torture and slavery, the right to tive; may not wish to be blamed for human rights a fair trial and freedom of thought. Other • There are no less intrusive and restrictive abuses which can have, among other human rights can be restricted when the means available to reach the same consequences, a direct impact on relations public good takes precedence. Protecting the objective; with other countries. right to health in terms of public health has • The restriction is not drafted or imposed been used by the state as reason to place arbitrarily, i.e. in an unreasonable or restrictions on other human rights. It is often otherwise discriminatory manner. in an effort to prevent the spread of THE RIGHT TO HEALTH 111 GOOD TO KNOW

1. GOOD PRACTICES ✓ Behavioral change requires locally– and publish their findings. The commissio- appropriate, targeted information, training ning authorities must respond within a given in negotiating and decision-making skills, time. In the UK extensive pilot studies When the friendly plants heard social and legal support, access to means suggest that the CJs are better at tackling what the animals had decided of prevention (condoms and clean complex issues and arriving at solid findings [to inflict illness on humans], needles) and motivation to change. than polls, focus groups and public meetings. they decided to help the people. ✓ No single prevention approach can lead to It is clear that ordinary citizens are willing to Each tree, shrub, herb, grass, and wide-spread behavioral change in a become directly involved in decision-making moss agreed to furnish a cure for population. Prevention programs on a and that they have strong and consistent one of the diseases named by the national scale need to focus on multiple views on the kind of public health they want animals and insects. After that components developed with close input for themselves and their families. when the Cherokee were woun- from the target population. ded or they contracted diseases ✓ General population prevention programs • The Oath of Malicounda or had bad dreams, their medi- need to focus especially on the young. In the 1980’s a grassroots organization in cine men consulted the plants ✓ Partnerships are essential for success. Senegal developed a problem-solving and always found a cure. That Multiple programs that seek out multiple curriculum that involved the entire village was the beginning of medicine populations need to have multiple learning about their human rights and among the Cherokee tribe a long, partners including those infected with applying this knowledge to their daily lives. long time ago. HIV/AIDS. The program offered participants a chance to CHEROKEE LEGEND OF THE ORIGIN OF ✓ Political leadership is essential to an tackle problems such as health, hygiene, MEDICINE effective response. environmental issues, financial and material management skills. TOSTAN began a • Citizens’ Juries and Public Health Policy program in Malicounda, a village of 3,000 • HIV/AIDS Prevention Citizens’ Juries (CJ) are a new model for inhabitants, which is one of a number of Success stories in Cambodia, Uganda, making public health policy decisions. Bambara villages still practicing infibulation, Senegal, Thailand, urban Zambia and high- Models in the UK, Germany, Scandinavia and one of the most complete and brutal forms of income countries show that comprehensive the US involve 12-16 ordinary citizens, female circumcision. After much public prevention approaches are effective. Evi- broadly representative of the population to discussion, including a street theatre dence supports that: scrutinize information given to them, performance that focused on problems of question expert witnesses, discuss, deliberate infection, dangerous childbirth and sexual 112 THE RIGHT TO HEALTH

To succeed in abolishing the practice of FGM will demand fundamental attitudinal shifts in pain caused by infibulation, the entire village the way that society perceives the 2. TRENDS took an oath ending the practice of female human rights of women. circumcision. This became known as the EFUA DORKENOO • Strategies for Integrating Human Rights Oath of Malicounda. Two village elders then and Health Development: set out to spread the word to other villages A human rights approach to health can that this practice needed to stop. By February and their children work together to compile provide a framework that holds countries 1998 thirteen villages had taken the Oath. the memory book, which is often an album and the international community Fifteen more villages put an end to the containing photos, anecdotes, and other accountable for what has been done and practice in June that same year. The family memorabilia. what needs to be done for the health of movement gained international attention. On In Uganda, the use of memory books was people. The extent to which human rights January 13, 1999, the National Assembly of pioneered by the AIDS Support Organization have been integrated in the creation of Senegal passed the law prohibiting female (TASO) in the early 1990s. Since 1998, the policies, analysis of social and physical genital cutting. Legal action alone would not National Association of Women Living with health conditions and delivery of health have been enough to abolish the practice. AIDS has promoted this approach on a wider indicates a positive movement towards the The power lay in the social control enacted scale, with help from PLAN Uganda. The realization of the human right to health. The by the villages and the demonstration of Association had found that HIV-infected following list indicates current trends: public will through taking the Oath of mothers had great difficulty communicating Malicounda. TOSTAN training emphasized with their children about their ill health, and the links between the right to health and the memory books were good ways for the other human rights. women to introduce the idea of HIV into their children’s lives and discuss its impact. The book serves as a reminder to the children of • Memory Books their roots so they do not lose their sense of In many countries memory books have belonging. The book also promotes HIV pre- become an important way of opening vention, because children witness and channels of communication within families understand the ordeal the parent is going about HIV and, in particular, to help HIV- through and do not want to suffer the same positive mothers tell their children about the fate. state of their infection. Terminally ill parents THE RIGHT TO HEALTH 113

» Information and statistics are a powerful tool for creating a culture of accountability and for Areas where there are experiences in • Violence is among the leading causes of realizing human rights.« linking health and human rights both in death among people aged 15-44 years the practice of governments and their HUMAN DEVELOPMENT REPORT 2000 worldwide, accounting for 14% of the partners and in scholarly literature: deaths among males and 7% of deaths – Reproductive and sexual rights among females.

– HIV/AIDS Statistics: SOURCE: – Torture (prevention and treatment) The following is a sample of available WHO WORLD REPORT ON VIOLENCE, 2001. – Violence against women statistics that support the need for increased – Contagious diseases efforts in adopting a human rights per- • Women physically assaulted by an inti- spective on health: mate partner by country and percentage Areas where policies and programs have ever assaulted at all. begun to reflect an awareness of the value • Projected increases in the number of SOURCE: of linking health and human rights: children orphaned by AIDS, 2001-2010 HUMAN DEVELOPMENT REPORT 2000. UNDP. – Rights of indigenous peoples Region 2001 2010 Country Percentage % – Bioethical and human rights implications Global 14 million 25 million Bangladesh 47 of genetic modification Africa 9 million 20 million New Zealand 35 – Maternal and child health Asia 1.8 million 4.3 million Barbados 30 – Rights of persons with disabilities Latin America/ Nicaragua 28 Caribbean 578 000 898 000 Switzerland 21 Areas where very little research and even Columbia 19 less application has been based on the • Every country in the world is now party to Philippines 10 integration of health and human rights. at least one human rights treaty that The gap is particularly noticeable in: addresses health-related rights, including • Discrimination by income – the poorest – Occupational health the right to health, and a number of rights receive less in public spending and – Chronic illness related to the conditions necessary for subsidies in public health: scale of 1-50 – Nutrition health. with 1 as lowest – Environment (air, water, fisheries, etc.) SOURCE: SOURCE: WHO. 25 QUESTIONS AND ANSWERS ON HEALTH HUMAN DEVELOPMENT REPORT 2000. UNDP. AND HUMAN RIGHTS, 2002. Country Richest Poorest Guinea 45 5 Ghana 33 11 Ivory Coast 31 10 114 THE RIGHT TO HEALTH

• Healthy life expectancy of the national 3. CHRONOLOGY average calculated from birth: 1946: Constitution of WHO 1994: International Conference on Popula- Country Total Males Females 1966: Adoption of the ICESCR tion and Development (ICPD) Population 1975: Declaration on the Use of Scientific 1995: Fourth World Conference on Women Afghanistan 33.4 31.1 35.7 and Technological Progress in the (FWCW) Zimbabwe 31.3 31.6 31.0 Mali 35.7 33.7 37.7 Interests of Peace and for the Benefit 1997: Universal Declaration on the Human Burkina Faso 35.1 33.9 36.3 of Mankind Genome and Human Rights Australia 71.6 70.1 73.2 1975: Declaration on the Rights of Disabled 1998: Declaration on the Right and Respon- Sweden 71.8 70.5 73.2 Persons sibility of Individuals, Groups and United States 67.6 66.4 68.8 1978: Alma Ata Declaration Organs of Society to Promote and Cuba 66.6 64.7 68.5 1991: Principles for the Protection of Protect Universally Recognized Hu- Georgia 59.8 57.5 62.2 Persons with Mental Illness and the man Rights and Fundamental China 63.2 62.0 64.3 Improvement of Mental Health Care Freedoms India 51.4 51.5 51.3 1991: United Nations Principles for Older 1998: Guiding Principles on Internal Dis- Persons placement • Maternal Mortality: 1992: United Nations Conference on 2002: World Summit on Sustainable Environment and Development Development Country Lifetime risk of (UNCED) 2002: Appointment of the Special Rappor- maternal death, 1 in: 1993: Declaration on the Elimination of teur on the Right to Health Afghanistan 15 Violence Against Women Zimbabwe 33 Mali 19 Burkina Faso 7 Australia 7,700 Sweden 5,800 United States 3,500 Cuba 2,200 Georgia 1,900 China 710 India 55

SOURCE: HUMAN DEVELOPMENT REPORT 2000. UNDP. THE RIGHT TO HEALTH 115 SELECTED ACTIVITIES

ACTIVITY I: • Initiating participants to self-conscious- quick thinking as the input from participants RE-IMAGING A “STATE ness of the human right to health. feeds the ideas and thought processes of the OF COMPLETE • Creating the links between health and group. The facilitator needs to maintain order PHYSICAL, MENTAL AND other fundamental needs. by doing the following: SOCIAL WELL-BEING” • Making connections between fundamental 1. All participants will call out their ideas; needs and human rights. however, they need to allow the recorder to PART I: INTRODUCTION write the ideas as they are stated. For many people the concept of health is not Target groups: Young adults to adults 2. During the rewrite stage the participants fully developed to include the broad needs of must listen carefully as the reporter for each society as well as the state of the individual. Group size: 10-30 group presents the new list using human This activity allows participants to recognize rights language. the various elements that make up a state of Time: two hours optimal health and to share ideas with other Introduction of the topic members of the group to create a composite Materials: Large sheets of paper, markers The facilitator will read the WHO definition concept. and tape to secure sheets to the walls. A copy of “health” and asks the question. The of the Universal Declaration of Human Rights facilitator makes certain everyone under- Type of activity: Brainstorming session and (UDHR) or another type of source book stands the statement and the question. If the group reflection which lists human rights by theme, such as, group is slow getting started the facilitator A Call For Justice. Resource Packet on may ask the group to give quick responses Discussion question: Governments’ Commitments and Obligations following the circle order in which they are The Preamble of the WHO Constitution to Human Rights. PDHRE, 2002. seated. All ideas are recorded on large sheets defines health as a “state of complete physi- of paper, large enough for all to see clearly. cal, mental, and social well-being, and not Skills involved No idea is to be excluded. Once the group merely the absence of disease.” What ele- • Verbal communication has exhausted their ideas someone will read ments and conditions are needed to realize • Participatory analysis all the ideas as recorded. The papers are put this broad state of health in your community? on the wall for all to see. At this point the Brainstorming rules facilitator asks individuals to explain their PART II: GENERAL INFORMATION All participants including the facilitator sit thoughts as each listed an element. The ON THE DISCUSSION with chairs arranged in a circle or in a circle participants may ask each other about the Aims and objectives on the ground. This practice fosters a sense listed topics. (This takes approximately one • Becoming aware of the broad scope of of equality among all. The activity involves hour.) health as more than the “absence of disease”. 116 THE RIGHT TO HEALTH

Step two These lists will remain on the wall for future ACTIVITY II: MAPPING The facilitator distributes copies of the reference. THE REALIZATION OF Universal Declaration of Human Rights (Allow 30 minutes) THE HUMAN RIGHT TO (UDHR) or another thematically arranged HEALTH source. S/he explains that all the needs for Step five health that have been listed on the sheets are In order to evaluate the session the facilitator PART I: INTRODUCTION human rights. For example, in the broadest asks the participants to say what they have Realization of the right to health at all levels sense, the right to life, Article 3 of the UDHR, learned from the session and also to suggest of society requires an awareness of the insti- supports the human right to health. how the exercise could be improved. tutions that are central to the promotion of this human right. Just as important as govern- Step three Methodological hints ment responsibility in assuring this right is The facilitator instructs the participants to • This exercise is one of empowerment. The citizen’s awareness of the strengths and break up into groups of 4–6. In these groups facilitator needs to encourage participants weakness of the health infrastructure within they will take the lists they have generated to use their own ideas, be able to think the national system and level of responsibility and find the corresponding human rights. critically and do their own research. S/he to be born at each level of the system. In Each group will choose a reporter to present must not play the “expert” who has all the addition, citizens’ willingness to participate in the group’s findings to the general group. answers. the identification of health needs and in the During the period of small group work the • In both the brainstorming and reflective problem-solving process is essential. facilitator visits each group and observes and parts of the session all participants should offers assistance when asked. (Allow 30 speak. If one or several persons dominate Type of activity: Discussion, problem- minutes). the group discussion the facilitator should solving and mapping suggest that no one person can speak Step four more than once until all others have been PART II: GENERAL INFORMATION The facilitator reconvenes the large group. heard. ON THE ACTIVITY The group reporters present their findings. • Emphasize the “common sense” quality of Aims and objective: Someone records the new list of human human rights by telling the participants • Identifying community institutions that rights that support and ensure the right to that the UDHR is the encoding of ideas have the obligation to progressively realize health on new sheets of paper that are concerning human dignity that all peoples the right to health. attached to the wall for all to see. The group hold to be true. • Increasing awareness of the various levels may ask questions throughout this session. of responsibility for community health in- cluding local government, regional, national and international. • Gaining skill in analysis of health-related issues. THE RIGHT TO HEALTH 117

Target Group: Young adults, adults Right to Health that is the interpretation of Step two: Article 12 of the ICESCR. Allow specific Participants record on another sheet of paper Group size: 10 to 50 in groups of 5 to 10 questions to clarify terms, etc. but refrain the extent to which the institution is fulfilling from a general discussion of the topic. Ask community expectations. (20 minutes) Time: 180–240 minutes each group of 5 to 10 participants to locate the institutions responsible for fulfilling the Step three: Materials obligations of the Right to Health. (20 Participants assemble in the large group. The A copy of the text of Article 12 of the ICESCR minutes) reporter from each group uses the map and and General Comment 14. the list of expectations to present the group’s Large sheets of paper. Drawing markers. Tape Step one: findings. The groups will sit in a circle within view of Skills involved the large sheet of paper on which the Step four: • Communication recorder will draw the map which identifies The entire group will attempt to consolidate • Abstract thinking the institutions that provide, oversee and findings into a single map and compile a list • Critical analysis monitor the services needed to realize the of expectations. right to health. They will also extend the map PART III: SPECIFIC INFORMATION to show where the obligation goes beyond FOLLOW-UP: ON THE ACTIVITY the entry point they have chosen. For The group will then decide which actions, General rules example, they may include in the map the hypothetical or real, can be taken in order to Before breaking up into smaller groups the national government institutions, inter- further the realization of the human right to participants should decide how the groups national agencies and organizations, etc. health in the community. are to be divided. The general process should Depending on the group of participants the be presented and the group should determine analysis may focus on various structural Methodological hints the approximate time needed for each part of levels. For example, a homogenous group • In explaining Article 12 and the General the activity: small group discussion, general from a single community will focus on the Comment use terms and language that are presentation, follow-up and assessment. municipal or village level as an entry point. A accessible to all participants. Participants need to be told to choose a group of healthcare workers from a region • Keep small group discussion moving at a recorder and a presenter for each of the may choose an entry point at the regional steady pace. smaller groups. level. Throughout the exercise the facilitator • Assist participants in planning a follow-up will move around the groups to serve as a session since this exercise prepares the Introduction of the topic resource. (60 minutes) way for participatory action in the In general terms present the information community. offered in the General Comment 14 on the 118 THE RIGHT TO HEALTH REFERENCES

Farmer, Paul. 1999. Infections and Inequalities. Berkeley: United Nations Conference on Environment and ADDITIONAL INFORMATION University of California Press and 2003. Pathologies of Development, Rio de Janeiro. 1992. Rio Declaration on Power. University of California Press. Environment and Development and Agenda 21. Data compiled in UNAIDS’ Report on the Global Fourth World Conference on Women, Beijing. 1995. United Nations General Assembly Special Session HIV/AIDS Epidemic, 2002: www.unaids.org Beijing Declaration and Platform for Action, and its (UNGASS) on AIDS. 2001. Declaration of Commitment follow-up, Beijing Plus 5. on HIV/AIDS “Global Crisis-Global Action.” François-Xavier Bagnoud Center for Health and Human Rights: www.hsph.harvard.edu/fxbcenter/ Jackson, Helen. 2002. Aids in Africa. Harare, Zimbabwe: UNU. 2002. Report on Sustainable Development. United SAFAIDS. Nations University. Health and Human Rights: www.who.int/hhr/readings/en/ Mann, Jonathan, Sofia Gruskin, Michael A. Grodin and World Conference Against Racism, Racial George J. Annas (eds.). 1999. Health and Human Rights. Discrimination Xenophobia and Related Intolerance, Health Statistics: www.who.int//whosis/menu.cfm New York: Routledge. Durban. 2001. Durban Declaration and Programme of World Report on Violence and Health: Action. Marks, Stephen (ed.). 2002. Health and Human Rights: www5.who.int/violence_injury_prevention/main.cfm?p The Educational Challenge. Boston: François- Xavier World Conference on Human Rights, Vienna. 1993. =0000000714 Bagnoud Center for Health and Human Rights. Harvard Vienna Declaration and Programme of Action. Traditional Medicine: School of Public Health. World Food Summit, Rome. 1996. Rome Declaration on www.who.int/dsa/cat98/trad8.htm-41k PDHRE. 2002. A Call for Justice. New York: PDHRE; and World Food Security and World Food Summit Plan of www.who.int/medicines/organization/trm/orgtrmmain. 2002. Passport to Dignity: Working With the Beijing Action, and its follow-up, Declaration of the World Food shtml Platform for Action for the Human Rights of Women. New Summit: Five Years Later, International Alliance Against York: PDHRE. Hunger (2002).

Second United Nations Conference on Human World Health Organization. 2001. Report on Violence Settlements (Habitat II), Istanbul (1996): Istanbul and Health. International Conference on Population and Declaration on Human Settlements. Development, Cairo, 1994: Programme of Action.

Second World Assembly on Ageing. 2002. Political World Summit for Children, New York. 1990. World Declaration. Declaration on the Survival, Protection and Development of Children and Plan of Action for Implementing the Stott, Robin. 2000. The Ecology of Health. Devon, World Declaration, and its follow-up, the United Nations U.K:Green Books Ltd. General Assembly Special Session (UNGASS) on Children (2002): A World Fit for Children. UNAIDS. 2002. Report on the Global HIV/AIDS Epidemic. World Summit for Social Development, Copenhagen. UNDP. 2002. Human Development Report 2000. New 1995. Copenhagen Declaration on Social Development; York/London: Oxford University Press. Development and Programme of Action of the World Summit for Social Development, and its follow-up, Copenhagen Plus 5. HUMAN RIGHTS OF WOMEN LOOKING AT HUMAN RIGHTS WITH GENDER SENSITIVE EYES EMPOWERMENT OF WOMEN

»The advancements of women and the achievement of equality between women and men are a matter of human rights and a condition for social justice and should not be in isolation as a women’s issue.«

BEIJING DECLARATION AND PLATFORM FOR ACTION 120 HUMAN RIGHTS OF WOMEN ILLUSTRATION STORY

Real Life Case: The Story of Maria da American and Caribbean Committee for the SOURCE: INTER-AMERICAN COMMISSION ON HUMAN RIGHTS – Penha Maria Fernandes. Defence of Women’s Rights (CLADEM) filed a ORGANIZATION OF AMERICAN STATES. 2001. REPORT On 29 May 1983, Maria da Penha Maia petition with the Inter-American Commission N°54/01, CASE 12.051, MARIA DA PENHA MAIA FERNAN- Fernandes was shot by her husband, Marco on Human Rights, alleging that the Federative DES – BRAZIL, 16 APRIL 2001, AVAILABE ONLINE AT: HTTP://WWW.CIDH.OAS.ORG/ANNUALREP/2000ENG/CHA Antonio Heredia Viveiros, while she was Republic of Brazil has failed, for more than 15 PTERIII/MERITS/BRAZIL12.051.HTM sleeping. Luckily she survived, but she years, to take the effective measures required sustained serious injuries, suffering to prosecute and punish Mr. Viveiros. Besides irreversible paraplegia among other physical arguing a violation of Art. 1, paragraph 1 and psychological traumas. Only 2 weeks (obligation to respect rights), 8 (right to a fair DISCUSSION QUESTIONS after she was released from hospital, her trial), 23 (right to equal protection) and 25 husband, who had tried to cover his first (right to judicial protection) of the American 1. What are the main issues raised by the attack by reporting it as a robbery attempt, Convention on Human Rights, in relation to case? tried to electrocute her while she was having a Art. II and XVIII of the American Declaration 2. How can justice be done if access to courts bath. After this second assault the Office of of the Rights and Duties of Man, the and the proper conduct of trials are at risk the Public Prosecutor filed charges against petitioners alleged the violation of Art. 3, 4, because of the victim’s sex? Mr. Viveiros. It took the First District Court of Article 5 and 7 of the Inter-American 3. Are laws and regulations enough to Fortaleza eight years to come to a decision. On Convention on the Prevention, Punishment guarantee equal opportunities for all 4 May 1991, a jury found Mr. Viveiros guilty and Eradication of Violence against Women, human beings? What else can ensure the of assault and attempted murder and the important Convention of Belém do Pará. equal treatment of women and men? sentenced him to 10 years in prison. After an As in other cases, the Brazilian State failed to 4. Can similar actions be prevented? Specify appeal, a second trial took place in 1996, in comment on the petition. In its report, dated which mechanisms on local, regional or which Mr. Viveiros was condemned to ten 16 April 2001, the Inter-American international level can be used to achieve years and six months in prison. The defense Commission found that Maria da Penha Maia this. presented a new appeal and since then Fernandes’ rights to a fair trial and to judicial successive recourses have been presented and protection were violated by Brazil. Moreover it due to the delay of the judicial system it was found that Art. 7 of the Convention of Belém not possible to achieve a final decision on this do Pará had also been violated by Brazil. As crime. On 20 August 1998, Maria da Penha a result of this report, Mr. Viveiros was Maia Fernandes, the Center for Justice and arrested and sent to jail in 2002, almost 20 International Law (CEJIL) and the Latin years after first trying to murder his wife. HUMAN RIGHTS OF WOMEN 121

» Translating the power of numbers into the power of action NEED TO KNOW for women, by women, and in partnership with men, is what 1. HUMAN RIGHTS OF WOMEN between women and men, often implies the next millennium will be hidden discrimination against women. Due about.« Women have had to fight for their to the different positions and roles that recognition as full human beings and for the women and men have in society, often “de AZZA KARAM granting of their basic human rights for a iure” equality results in a “de facto” long time, and unfortunately the fight is not discrimination. This situation has forced over yet. Although their situation has women’s human rights activists to promote Gender and the Widespread improved in many ways globally, societal the differentiation between formal and Misconception of Human Rights of structures and prejudices still hinder the full substantive equality. Women and immediate implementation of human In many contexts, formal notions of equality Gender is a concept which not only rights of women the world over. The 20th based on assumptions of equality of all addresses women and their human rights but century has brought many improvements, human beings have not helped people in is rather a more complex one which includes but also many setbacks, and even in times of disadvantaged situations. The notion has to men as well as women. It was first used in peace and progress women and their human move towards a substantive definition of the 1970s and defined by Susan Moller “as rights were not given special attention. equality taking into account plurality, the deeply entrenched institutionalization of Nevertheless, in all periods in history difference, disadvantage and discrimination. sexual difference that permeates our society,” heroines can be found who fought for their As Dairian Shanti emphasizes in her article but it further evolved due to dynamic rights, with arms or with words. Eleanor “Equality and the Structures of Discrimi- political, social and economic transfor- Roosevelt, for example, insisted that “all nation”, “Neutrality does not allow for mations throughout the world. In 1998, human beings are equal” should be used sensitivity to disadvantages that may prevent Art. 7 of the Rome Statute of the Inter- instead of “all men are brothers” in Art. 1 some people from benefiting from equal national Criminal Court defined gender as when the Universal Declaration of Human treatment. Hence the focus must move to an the “two sexes, male and female, within the Rights was drafted in 1948. This change in emphasis on `equal outcomes` or `equal context of society. . .” after states’ represen- formulation made it clear that human rights benefits’.” Genuine equality between women tatives discussed the content of the concept belong to every human being, no matter and men can only be achieved if both formal of gender intensively, some of them opposing whether female or male, and introduced and substantive equality are fully realized. its extension to sexual orientation. equality as one of the fundamental human Yet it is very common to find women defined rights principles. as a specific group instead of accepting them The principle of equality as formally as half of the population of the world, of each expressed in law, without differentiation country, of every indigenous people, and of 122 HUMAN RIGHTS OF WOMEN

many communities. This conception is Human Security and Women 2. DEFINITION AND reflected in the documents in which women DESCRIPTION OF THE appear in a paragraph or in a chapter Human security and the status of women ISSUES together with other vulnerable groups, such are closely connected, as conflicts tend to as indigenous peoples, aged persons, people worsen gender inequalities and differences. Considering the history of the women’s with different abilities, and children. What Refugees and internally displaced people, rights movements is useful in order better to connects these vulnerable groups is that they most of whom are women, the elderly and understand women’s claims of their human all have suffered and still suffer dis- children, need to be given particular rights nowadays. crimination and have not been able to and attention and assured special protection. still do not enjoy fully their basic rights. Human security is also about ensuring equal A look back in history Gender, however, is a useful category of access to education, social services and An important historic event, the French analysis that helps us understand how employment for everybody in times of peace Revolution, marks the beginning of female women and men assume different respon- as well. Women are very often denied full effort to be recognized as equal human sibilities, roles, and positions in society. access to those areas. So women and children beings in a male world. This epoch Introducing a gender analysis in the human in particular can benefit from a human rights constitutes not only the start of the rights theory and practice makes us approach to human security which proves movement for civil and political rights, but it especially sensitive to the differences bet- that no human security can be achieved also paved the way for the first women’s ween women and men in society and the unless human rights are fully respected. Thus movement for liberation and egalization. One specific ways in which women’s human the eradication of any form of discrimination, of the most famous proponents of the rights are violated. particularly against women and children, movement was Olympe de Gouges who It is evident that gender-sensitive thinking should constitute a priority on the human wrote the Declaration of the Rights of the should be promoted to attain the same rights security agenda. Woman and Female Citizen. She and many of for everybody regardless of sex, color, race Of particular relevance for human security is her female fellows paid on the guillotine for and religion. the situation of women in armed conflict their commitment. discussed below. “Woman is born free and enjoys equal rights with man in every respect.” Art. 1 of the Declaration of the Rights of the Woman and Female Citizen, 1789 HUMAN RIGHTS OF WOMEN 123

Great Britain, too, looks back on a long and and workshops, through an intensive project The Commission for the Status of Women strong tradition of the female struggle for development program in cooperation with (CSW) was created in 1946 with the mandate equal rights. It is often even called the international agencies, through the Resolu- of promoting women’s rights all over the “motherland of feminism”. As early as the tions drawn up and adopted in the UN world. Its first Chair was Bodil Boegstrup of 1830s, British women started to demand the General Assembly, through cooperation at all Belgium. CSW promoted the explicit inclu- right to vote. They fought for more than 70 levels with other non-governmental organi- sion of women’s rights into the UDHR. years with changing methods and eventually sations, through three-year plans of action in succeeded in 1918 when they were given the each of its five Standing Committees. Although women contributed equally to the right to vote starting from the age of 30. evolution of the international political, Other areas of action included access to The first intergovernmental body dealing economic and social system from the very education, the right of married women to with women’s human rights was the Inter- beginning, the attention drawn to women’s own property, and the right to hold public American Commission on Women (CIM), issues was minimal. Decades of gender office. created in 1928 for the Latin American blindness in human rights documents made Region. This body was responsible for people blind to this fact, too. The funda- Especially in Great Britain and the United drafting the Interamerican Convention on the mental rights of more than half of humanity States of America, women often used radical Nationality of Women, adopted by the were forgotten, which inevitably leads to the measures, even hunger strikes. The famous Organization of American States (OAS) in conclusion that there can not be gender suffragette Emily Davison deliberately chose 1933. This treaty sparked a debate on how neutrality in international or national laws, death, throwing herself in front of King the region was developing a body of law that while societies across the world are still not George V’s horse at a race in 1913. would deal with human rights. gender neutral, and continue to discriminate against women. The International Council of Women was From the early beginnings of the United founded as early as 1888 and still exists Nations, in 1945, women already tried to today. It has its seat in Paris and participates participate within the structure and to make actively in the process of ensuring women’s their presence felt in the content and rights through international meetings, implementation of human rights instruments regional, sub-regional and national seminars and mechanisms. 124 HUMAN RIGHTS OF WOMEN

It was only in the 1970s that the inequality in from 1976 to 1985. In 1979, the Decade promotion of women’s rights. For the first many areas of daily life, poverty among culminated in the adoption of the Convention time, women were recognized as full human women and the discrimination against girl on the Elimination of All Forms of beings by CEDAW which contains civil and children led the United Nations to decide to Discrimination against Women (CEDAW). political rights as well as economic, social launch the United Nations Decade for This document is the most important human and cultural rights, uniting human rights Women: Equality, Development and Peace rights instrument for the protection and otherwise divided into two categories.

“Discrimination shall mean any • To establish legal protection of the rights inferiority or superiority of either of the distinction, exclusion, or restriction of women on an equal basis with men; sexes or on stereotyped roles for men and made on the basis of sex which has the • To refrain from engaging in any act or women; effect or purpose of impairing or nullifying practice of discrimination against women • To ensure that family education includes the recognition, enjoyment or exercise by and to ensure that public authorities and a proper understanding of maternity as a women, irrespective of their marital status, institutions shall act in conformity with social function and the recognition of the on a basis of equality of men and women, of this obligation; common responsibility of men and wo- human rights and fundamental freedoms in • To take all appropriate measures to men in the upbringing and development the political, economic, social, cultural, civil eliminate discrimination against women of their children, it being understood that or any other field.” by any person, organization or enterprise; the interest of the children is the ART. 1 CEDAW • To repeal all national penal provisions primordial consideration in all cases; which constitute discrimination against • To take all appropriate measures to Apart from this CEDAW obliges its state women; suppress all forms of trafficking in women parties also: • To ensure the full development and and exploitation of prostitution of wo- • To embody the principle of equality of advancement of women, for the purpose men; men and women in their national of guaranteeing them the exercise and • To ensure to women the rights to vote in constitutions or other appropriate legisla- enjoyment of human rights and funda- all elections and public referenda, to be tion; mental freedoms on a basis of equality eligible for election in all of them, among • To ensure the practical realization of the with men; others; principle of equality; • To modify the social and cultural patterns • To grant women equal rights with men to • To adopt appropriate legislative and other of conduct of men and women; acquire, change or retain their nationality; measures, including sanctions where • To achieve the elimination of prejudices • To ensure to women equal rights with appropriate, prohibiting all discrimination and customary and all other practices men in the field of education. against women; which are based on the idea of the HUMAN RIGHTS OF WOMEN 125

The Convention regulates issues related to SOURCE: • Mexico, 1975 HTTP://WWW.UN.ORG/WOMENWATCH/DAW/CEDAW/SIG the public as well as to the private lives of OP.HTM) • Copenhagen, 1980 women. Several articles deal with the role of • Nairobi, 1985 women in the family and society, the need to The World Conference on • Beijing, 1995 share responsibilities within the family, and Human Rights held in Vienna the urgency to implement changes in social in June 1993 gathered Additionally, in 2000, the 23rd Special Session and cultural systems that attribute a thousands of activists and experts in human of the General Assembly on “Women 2000: subordinate position to women. Only rights. The Vienna Declaration and Gender Equality, Development and Peace for through such elementary changes can the Program of Action adopted as a result of the the 21st Century” met in New York with the recognition of the human rights of women be Conference places emphasis on promoting aim of assessing the progress of commit- brought about on the global level. Once a and protecting the human rights of women ments, primarily made by governments at the state becomes party to the CEDAW, it is and girls in general and on the prevention of 1995 Beijing World Conference on Women. obliged to pursue, by all appropriate means violence against women. It states that the That is how and why this meeting was called and without delay, a policy of eliminating human rights of women and of the girl child “Beijing+5”. discrimination against women as well as any are an inalienable, integral and indivisible other act of discrimination. part of universal human rights. It also The instrument of a Plan of Action is declares that the full and equal participation launched after each of the main conferences On 6 October 1999 the General Assembly of women in political, civil, economic, social containing a set of measures and policies that adopted a 21-article Optional Protocol to the and cultural life, at the national, regional and states should take into consideration for Convention on the Elimination of All Forms international levels, and the eradication of all achieving equality between women and men. of Discrimination against Women in a forms of discrimination on grounds of sex are landmark decision for women by consensus priority objectives of the international The Beijing Platform for and called on all states parties to the Con- community. Action, adopted at the United vention to become party to the new instru- Nations Fourth World Con- ment, too, as soon as possible. It provides for As part of its mandate, the Commission on ference on Women in 1995, is especially the possibility to address individual com- the Status of Women organized four major important. Its Preamble and 12 chapters plaints to the Commission under CEDAW. global conferences with the aim of constitute the most complete program on April 2003, 75 states had signed the Optional mainstreaming women’s rights as human human rights of women with a global Protocol, while 50 states have already ratified rights: diagnosis of the situation of women, and an it. examination of policies, strategies and 126 HUMAN RIGHTS OF WOMEN » While poverty affects households as a whole, because of the gender division of labor and responsi- bilities for household welfare, women bear a disproportionate burden, attempting to manage measures for the promotion of women’s household consumption and Statistics from Chile of 1996 show that men rights all over the world. The following 12 production under conditions of carry out 67 per cent of the commercial critical areas of concern are given special increasing scarcity.« production and do not do any domestic attention: poverty, education, health, chores, while women carry out 37 per cent of BEIJING PLATFORM FOR ACTION violence, armed conflict, economy, decision the commercial production and 100 per cent making, institutional mechanisms, human of housework. This volume of work without rights, media, environment, girl children, Poverty is also created through unequal wages contributes to the reproduction of the and institutional and financial arrangements. payment for equal work and denied or society and represents the structural base of restricted access to education or public and poverty affecting women. Women and Poverty social services or to inheritance rights and to ROSA BRAVO (1998) In order to understand the different impact of ownership of land. poverty on women and on men, it is necessary to look at the division of most of Poverty, in its political dimension, shows the state of complete physical, mental and social the world’s labor markets on the basis of inequality of rights between members of our well-being and sexual health the purpose of gender. Very often women work in the societies, and poses significant obstacles in which is the enhancement of life and household, fulfilling their duties in caring for gaining access to their civil, political, personal relations. Equal relations between the children, the sick and elderly, doing the economic, social and cultural human rights. men and women in matters of sexual chores without receiving payment and It also decreases access to information and relations and reproduction require mutual allmost everywhere without proper insurance possibilities for participation in public respect, consent and shared responsibility. of their own, although their contributions are organizations and decision-making. In the The reality is different as this example from socially and economically necessary and context of migration, poverty also leads to an the Philippines shows: should be highly valued. increase of trafficking in women, especially in Latin America, Asia and Eastern Europe. The division of labor based on gender is one The leading cause of death among women of the structural dimensions of poverty that Women and Health of reproductive age is related to pregnancy affects women. The biological function of Women’s health involves their emotional, and child birth. Post-partum hemorrhage tops maternity is another structural dimension, social and physical well-being. It is this list, followed by hypertensive disorders which is understood as a social function of determined by the social, political and of pregnancy (pre-eclampsia and eclampsia). parenthood and social responsibility. economic context of their lives, as well as by One of six pregnancies in the Philippines Work Module and Freedom from biology. Reproductive health is seen as a ends up in illegal abortion because they are Poverty Module. HUMAN RIGHTS OF WOMEN 127

either unplanned or unwanted. There are an »24 women, from Poland, Russia, Italy, All such acts of violence violate and impair estimated 300 000 to 400 000 cases of illegal Albania, and Turkey were freed by police or nullify women’s enjoyment of human abortion each year, many of which end up during a raid on a German brothel where rights and fundamental freedoms. Hence it is with complications such as sepsis or death. they were held as slaves and prostituted. Two of utmost importance that the Declaration At least 2 million married women of of the women had been locked up for 7 on the Elimination of Violence against reproductive age want to practice family months without seeing daylight. A criminal Women was adopted by the United Nations planning but cannot do so for a variety of gang of sixteen suspects, from Turkey, Italy General Assembly by consensus in 1993 as a reasons, including lack of access to family and Albania were arrested, and police are tool for preventing violence against women. planning services. searching for six others. Three Luedenscheid Moreover, a Special Rapporteur on Violence There are an estimated 7 million women of police officers allegedly were working with against Women was introduced in 1994. reproductive age who are considered high the trafficking network. The operation was Implementation and Monitoring risk for pregnancy because they are: too one of the largest ever against an organized young (less than 18 years old); have had four crime ring in Germany.« or more pregnancies; have closely spaced ERICH REIMANN (1996) Violence against women shall be pregnancies; or are concurrently ill. . . . even understood to encompass, but not be if they are faced with the above risks, 2,6 limited to, the following: million of these women are expected to Women and Violence a) Physical, sexual and psychological become pregnant each year. In many societies women and girls are violence occurring in the family, . . . a maternal mortality rate of 172 deaths subject to physical, sexual and psychological including battering, sexual abuse of per 100 000 live births, and an infant violence that cut across lines of income, class female children in the household, dowry- mortality rate of 36 deaths per 1 000 live and culture, in both public and private life. related violence, marital rape, female births. . .. are among the highest rates in the Women often fall victims to rape, sexual genital mutilation and other traditional world. abuse, sexual harassment or intimidation. practices harmful to women, non-spousal DOMINI M. TORREVILLAS (2002) Sexual slavery, forced pregnancy, enforced violence and violence related to prostitution, sterilization and forced exploitation; abortion, prenatal sex selection and female (b) Physical, sexual and psychological vio- Health Module. infanticide are also acts of violence lence occurring within the general committed against women. community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and 128 HUMAN RIGHTS OF WOMEN

elsewhere, trafficking in women and »Most documented cases occurred between and the perpetrators of such crimes under its forced prostitution; the fall of 1991 and the end of 1993, with a jurisdiction. (c) Physical, sexual and psychological concentration of cases between April and violence perpetrated or condoned by the November 1992. Moreover, although rapes of Women rarely play an active role in the State, wherever it occurs. Muslim, Croatian, and Serbian women have decisions leading to armed conflicts, instead been reported, the majority of cases involve they work to preserve social order in the Article 2 of the Declaration on the Elimi- rapes of Muslim women from Bosnia and midst of the conflicts and give their best to nation of Violence against Women Herzegovina by Serbian men. The perpetra- ensure a life as normal as possible. tors include soldiers, paramilitary groups, Additionally, women “often bear a dispropor- local police, and civilians. The number of tionate share of war’s consequences”, as the Besides the international system, some rapes is disputed. A delegation from the International Center for Research on Women regional organizations have committed European Community suggested a figure of states in its information bulletin on post- themselves to the prevention, or even to the 20 000; the Bosnian Ministry of the Interior conflict reconstruction. Many women are left eradication of violence against women. The said 50 000; the Commission of Experts behind as widows facing the exorbitant Inter-American system of human rights, for declined to speculate on the number.« burden of supporting their families, while example, provides for the protection of CATHERINE N. NIARCHOS (1995) sometimes having to deal themselves with a women via the Inter-American Convention trauma caused by being exposed to violence, on the Prevention, Punishment and especially sexual violence, during the Eradication of Violence against women of found by the International Criminal Tribunal conflict. These factors must all be taken into Belém do Pará of 1995. for Rwanda in its decision concerning Jean- increased consideration especially in future Good Practices part. Paul Akayesu, when committed with the peacekeeping missions so that women can be intent to destroy a group in whole or in part. provided with as much assistance as possible Women and Armed Conflict “Ethnic cleansing” as a strategy of war and in keeping with their special needs. Women often become the first victims of rape as one of its methods have to be violence during war and armed conflict. In targeted and must no longer remain in the Women and Natural Resources her essay “The Second Front: the Logic of shadow of impunity. The Statute of the The excerpt from “Monocultures, Mono- Sexual Violence” Ruth Seifert states that in International Criminal Court of 1998 for the polies, Myths and The Masculinisation of many cases it is a military strategy to target first time in history explicitly spells out Agriculture” by Vandana Shiva indicates that women in order to destroy the enemy. Rape, crimes such as rape, forced pregnancy, forced in India women play an important role when which is common during armed conflicts, is prostitution etc., and provides for a system it comes to preserving knowledge about a crime, and can even constitute genocide, as that aims at bringing justice both to victims natural resources and the environment. HUMAN RIGHTS OF WOMEN 129

According to Vandana Shiva, “women »The phenomenon of biopiracy through 3. INTERCULTURAL farmers have been the seed keepers and seed which Western corporations are stealing PERSPECTIVES breeders over millenia.” This is not only true centuries of collective knowledge and inno- AND CONTRO- of India, but of the whole world. Through vation carried out by Third World women is VERSIAL ISSUES their management and use of natural now reaching epidemic proportions. Such resources, women provide their families and ”biopiracy“ is now being justified as a new The concept of universality is of central communities with sustenance. ”partnership“ between agribusiness and importance to human rights, but especially The deterioration of natural resources has Third World women. For us, theft cannot be indispensable when it comes to women’s negative effects on the health, well-being and the basis of partnership.« rights. Cultural diversity far too often used as quality of life of the population as a whole, VANDANA SHIVA (1998) an excuse or an impediment to the full but especially affects women. Moreover, their implementation of the human rights of knowledge, skills and experience are rarely women. The document adopted during the taken into consideration by decision-makers, discrimination in access to education and 1993 World Conference on Human Rights in who are mostly male. specialized training. Vienna is an essential achievement for women as well, as it underlines that: The Girl Child An example of a newsletter clip from India In many countries, the girl child faces In yet another incident of female infanticide, “All human rights are universal, indivisible discrimination from the earliest stages of life, a newborn girl child has been poisoned to and interdependent and interrelated. . .While through childhood and into adulthood. Due death by parents and grandparents in a the significance of national and regional to harmful attitudes and practices, such as village in the district recently. The parents particularities and various historical, cultural female genital mutilation, preference of sons, and grandparents had been arrested and a and religious backgrounds must be borne in early marriage, sexual exploitation, and case under IPC Section 302 (murder) mind, it is the duty of States, regardless of practices related to health as well as to food registered against them, District Superinten- their political, economic and cultural systems, allocation, fewer girls than boys reach dent of Police M. N. Manjunatha told to promote and protect all human rights and adulthood in some areas of the world. In reporters Saturday. He said the village fundamental freedoms.” societies that prefer a son to a daughter, administrative officer of Mollahalli Pudur female infanticide is a widespread practice. lodged a complaint that one Kavitha gave Despite the widely shared concept of Due to lack of protective laws, or failure to birth to her third girl child last week, but it universality, many areas of women’s daily enforce such laws, girls are more vulnerable was poisoned. lives are still sources of controversy. In some to all kinds of violence, particularly sexual religions, women do not enjoy the same violence. In many regions, girls face SOURCE: HTTP://NEWSARCHIVES.INDIAINFO.COM/2000/12/17/17F EMALE.HTML 130 HUMAN RIGHTS OF WOMEN » Women’s participation in politics can no longer be seen as a favour granted them by institutions still largely dominated by men, but as a treatment as men. The denial of equal access responsibility and an obligation Female Genital Mutilation (FGM), for to education and employment opportunities to creating a more egalitarian example, has been carried out on an as well as open exclusion from political and democratic world.« estimated 135 million of the world’s girls and decision-making is considered normal. In women. Moreover, according to Amnesty BENGT SÄVE-SÖDERBERGH, SECRETARY- some extreme cases, these policies and GENERAL OF INTERNATIONAL IDEA. International two million girls a year are at perceptions even pose a threat to the risk of mutilation, which means that each personal security and the right to life of day approximately 6,000 face the danger of women. as women can best further their own becoming mutilated. The main areas where concerns. In the last 50 years more and more FGM is practiced are parts of Africa and some In 2002, a young Nigerian woman was women were given the right to vote, to run countries in the Middle East. Immigrant sentenced to death by stoning by a Shariah for and hold public offices. This will communities have also brought FGM into law court. According to Amnesty hopefully result in more gender-sensitive parts of Asia and the Pacific, North and Latin International Australia, the crime Amina politics world-wide. America, and Europe. Lawal had allegedly committed was giving Democracy Module. birth to a child out of wedlock. This verdict The tradition of child marriages has also led caused a huge international outcry and Since the fall of communism, women in post- to health problems for girl children. Mostly questions the compatibility of some cultural communist countries earn about one third common in Asia, early marriage inevitably and religions practices with the universality less than their male colleagues for the same leads to early maternity and causes “a of human rights. job with the same qualifications. Within the maternal mortality five times higher among European Union, Art. 141 of the Treaty girls aged 10 to 14 than among women aged Another religious practice affecting the daily establishing the European Community 20 to 24” the NGO Committee on UNICEF life of women can be found in India where demands equal pay for equal work for men states in its documentation on girl child suttee or sati, the Hindu tradition of burning and women with the same qualifications. In health issues. The NGO Committee on a widow with her deceased husband, was reality, however, many EU member states are UNICEF also provides data on HIV/AIDS forbidden by the British government in 1829, still far from fully achieving equal pay for which shows that girl children are at great but still occurs, as proved by the latest equal work to men and women. risk of being infected by the virus, either documented case from India in 2002. Work Module. through their mothers or because of sexual violence, such as rape, committed against Today, the political participation of women Customs and traditions do also form a source them. is considered much more important than ever of danger to girl children and teenage girls. HUMAN RIGHTS OF WOMEN 131

4. IMPLEMENTATION AND alternative reports both to the CEDAW The World Conference on MONITORING Committee and to other treaty bodies. Human Rights held in Vienna Shadow reports allow members of civil in June 1993 supported the The full implementation of human rights of society to hold their governments creation of a new mechanism, a Special women requires special efforts to reinterpret accountable for the obligations and Rapporteur on Violence against Women. a number of international human rights commitments they have made at the Ms. Radhika Coomaraswamy from Sri Lanka instruments and to develop new mechanisms international level. Furthermore, they has performed this duty since 1994. As part for assuring gender equality. contribute to raising awareness about the of her duty, she visits countries and examines CEDAW reporting process in the country. the level of violence against women there, Regarding the implementation of human but also issues recommendations to bring rights of women, there are different • In countries where the Optional Protocol their practice in conformity with internatio- approaches, which can be followed not only to CEDAW is not ratified yet, campaigns nal legal norms in the field of human rights by governments but also by civil society. should be organized to lobby for its rapid of women. ratification. A ratification of this Optional • The primary one is the dissemination of Protocol means that the ratifying state In spite of significant improvements in the women’s human rights instruments and recognizes the competence of the Com- field of human rights of women in the past 30 mechanisms through human rights mittee on the Elimination of Discrimi- years, the rise of ultra-conservative thought education in the formal as well as the nation against Women to receive and and fundamentalism in many societies has informal educational system. There is no consider complaints from individuals or meant an enormous setback for the human way women can exercise their human groups within the respective state’s rights of women and therefore it is of utmost rights if they do not know what they are. jurisdiction. The Committee also moni- importance that the demand for constant • Another step is to encourage women to tors the compliance of state parties with emphasis on the full implementation of monitor the performance of their states their obligations under the CEDAW. human rights of women be maintained at all to find out if they are fulfilling their duties • An important step towards the full imple- costs. as contained in the human rights mentation of women’s rights instruments instruments that they have ratified. If is the training of women advocates in state obligations are not properly fulfilled, the use of human rights mechanisms. NGOs could prepare alternative or “sha- At present, very few women know about dow” reports to the specific Committee. international human rights instruments Women should be encouraged to prepare and even fewer realize the proper steps to invoke them. 132 HUMAN RIGHTS OF WOMEN GOOD TO KNOW

1. GOOD PRACTICES is used as a “shadow” declaration for Protocol on Rights of Women” has been teaching purposes. The aim is to encourage elaborated. However, it has not yet been In recent years, governments and non- women not only to learn about human rights, adopted by the African Union (AU). governmental organizations have engaged but also to include in this framework their themselves in the difficult process of own experiences, needs, and wishes, The People’s Movement for Human Rights elaborating both legally binding norms to expressed in their own language. Education (PDHRE) made an important ensure women’s rights and projects of high contribution to the advancement of women’s practical value to realize the objectives of the The adoption of the Inter-American rights with its pioneering Passport to Dignity standards developed. Convention on the Prevention, Punishment and the video series Women Hold up the and Eradication of Violence against Sky. The Passport to Dignity with its global The process of interpretation of inter- Women, in 1995 in Belém do Pará, Brazil, survey of the 12 main areas of concern of the national human rights instruments in a more constitutes one of the most significant Beijing Platform for Action brings legal gender-sensitive way has already begun. One landmarks in the history of drawing attention obligations into relation with the reality in of the best examples is the adoption, by the to women within the human rights system. It many countries, based on expert reports as United Nations Human Rights Committee, of was prepared by the Inter-American well as first hand accounts by women the General Comment 28 in March 2000. By Commission of Women in a 5-year proccess. affected. Another manual, Between their interpreting Art. 3 of the International The treaty has already been ratified by Stories and our Realities, was produced Covenant on Civil and Political Rights on the almost all the countries in the region and with the support of the Vienna Institute for equal right of men and women to enjoy all presents a political and legal framework for a Development and Cooperation and the civil and political rights, the Committee coherent strategy to tackle the problem of Austrian Foreign Ministry Department for reviewed all the articles of the Covenant, violence, making it obligatory for states to Development Cooperation in 1999 to through a gender-sensitive lens. implement public strategies for the commemorate the 20th anniversary of prevention of violence and assistance for CEDAW and is an integral part of the In 1992, CLADEM, the Latin American and victims. aforementioned video series Women Hold Caribbean Committee for the Defence of up the Sky. With this valuable contribution, Women’s Rights, launched a campaign In the framework of the Afri- the People’s Movement for Human Rights including organizations from all over the can Commission on Human Education provided valuable material for world which resulted in the drafting of the and People’s Rights as a training future generations of women’s rights Universal Declaration of Human Rights with positive step towards a more gender sensitive activists. a Gender Perspective. Now, this Declaration reading of the Charter, an “Additional » At this juncture I would like to HUMAN RIGHTS OF WOMEN pay tribute to the women of the 133 Women’s Caucus for Gender Justice who have taken the experiences of women in war, identified strategies for dealing with violations and, overcoming The German NGO “Terre des Femmes” intense opposition from many gravity constitute crimes against humanity. organized a campaign in 2002 against representatives at the Internatio- Moreover, explicit attention is given to trafficking in women and supported the nal Criminal Court negotiations, victims and witnesses. Art. 68 of the Statute Malinowka project in Minsk, Byelorussia managed to ensure that rape, states that “the safety, physical and which informs and warns women about the sexual slavery, forced pregnancy psychological well-being, dignity and privacy threat of being trafficked into sexual abuse and other forms of gender-based of victims and witnesses” shall be ensured and enforced prostitution. The latest and sexual violence are included and that the trial chamber may give the order campaign focuses on putting a stop to forced in the statute of the ICC«. to “conduct any part of the proceedings in marriages and on fighting violence against MARY ROBINSON, FORMER UN HIGH camera or allow the presentation of evidence women. COMMISSIONER FOR HUMAN RIGHTS by electronic or other special means. In particular, such measures shall be implemen- ted in the case of a victim of sexual violence 2. TRENDS International Criminal Court in 1998. The or a child who is a victim or a witness. . .” developments on the territory of Former These protective measures are also a result of In the past decade women’s NGOs have got Yugoslavia and in Rwanda have also shown the experiences made during the trials held at actively involved in a number of human that the protection of women and their the ICTY and the ICTR. rights and humanitarian law issues. In 1998, human rights need to be part of the mandate SOURCE: a group of women took part in the Rome of an International Criminal Court. As of HTTP://WWW.ICCNOW.ORG conference, drafting the Statute of the 10 April 2003, 139 states have signed or International Criminal Court to make sure acceeded to the Rome Statute, while 89 have Also on the national level, women’s move- that the human rights of women would be already ratified it. ments have succeeded in promoting the seriously considered and incorporated by the human rights of women. In Uganda, drafters. The women realized that without an The Rome Statute explicitly mentions for the women’s legislators lobbied for a new land organized caucus, women’s concerns would first time in history a variety of crimes bill which would enable women to inherit not be appropriately defended and promoted. punishable under the Statute which are land from their late husbands. Custom had Judging from the Rome Statute, which came mostly committed against women. For forbidden this for a long time. Finally, they into force on 1 July 2002, they succeeded. example, Art. 7 (1) declares that rape, sexual succeeded and many women now learn that slavery, enforced prostitution, forced they have a right to the land which they need International humanitarian law reached a pregnancy, enforced sterilization, or any in order to support themselves. This success new landmark with the Statute of the other form of sexual violence of comparable encouraged them to take on further issues 134 HUMAN RIGHTS OF WOMEN

related to and important for women, such as 3. CHRONOLOGY the Domestic Relations bill, which is aimed at outlawing some practices like polygamy 1789 The Declaration on the Rights of the 1979 Convention on the Elimination of All and wife beating. Woman and Female Citizen by Forms of Discrimination Against Olympe de Gouges Women (CEDAW) SOURCE: HTTP ://WWW.ONEWORLD.ORG/IPS2/SEPT98/17_03_046. 1888 Establishment of the International 1980 Second UN World Conference on HTML Council of Women Women (Copenhagen) 1921 International Convention for the Sup- 1985 Third UN World Conference on pression of the Trafficking in Women Women (Nairobi) and Children and amending Protocol 1985 Adoption of the Nairobi Forward- 1933 International Convention for the Looking Strategies for the Advance- Suppression of the Trafficking in ment of Women to the Year 2000 Women of Full Age 1995 Fourth UN World Conference on 1950 Convention on the Suppression of the Women (Beijing) Trafficking in Persons and of the 1995 Belém do Pará Convention on the Exploitation of the Prostitution of Prevention, Punishment and Eradica- Others tion of Violence against Women 1953 Convention on the Political Rights of 1998 Rome Statute of the International Women Criminal Court 1957 Convention on the Nationality of 1999 Optional Protocol to the Convention Married Women on the Elimination of All Forms of 1962 Convention on Consent to Marriage, Discrimination Against Women Minimum Age of Marriage and 2000 Protocol to Prevent, Suppress and Pu- Registration of Marriages nish Trafficking in Persons Especially 1967 Declaration on the Elimination of All Women and Children, supplementing Forms of Discrimination against the United Nations Convention against Women Transnational Organized Crime 1975 First United Nations World Conference 2000 23rd Special Session of the General on Women (Mexico City) Assembly on “Women 2000: Gender 1976 Start of the UN Decade for Women: Equality, Development and Peace for Equality, Development and Peace the 21st Century” HUMAN RIGHTS OF WOMEN 135 SELECTED ACTIVITIES

ACTIVITY I: Material: Copies of the CEDAW, paper, • Does your society set women’s rights apart PARAPHRAZING THE CEDAW pencils from human rights? How is this segrega- tion done: By law? By custom? Skills involved: • Is the segregation outspoken? Is it a “fact PART I: INTRODUCTION Reading and paraphrasing legal terminology, of life” that no one really talks about? This activity aims at improving the communicating, co-operating, assessing • Does it affect all women? If not, which understanding of the CEDAW and is different points of view. women are most affected? especially meant for non-lawyers who are not • Describe particular examples of gender familiar with legal terminology. PART III: SPECIFIC INFORMATION segregation ON THE ACTIVITY • How do women respond to segregation? Type of activity: exercise Description of the activity / Instructions • Are there human rights that men enjoy as After giving an introduction to the CEDAW, a matter of course while women have to PART II: GENERAL INFORMATION the facilitator should ask the participants to make special effort to have them ON THE ACTIVITY split into groups of 4 or 5. Each of the groups acknowledged? Aims and objectives: will be assigned a certain part of the CEDAW • Are there areas of life where women are • Raising awareness about women’s rights to translate them into NON-LEGAL, everyday expected to act through the intermediary • Becoming familiar with legal terminology language. It is also possible to assign the of men? What are the obstacles to • Working out different viewpoints on same article or articles to every group which women’s autonomy? women’s rights makes detailed discussion more interesting • What does the constitution of your • Discussing legal instruments dealing with as different people might perceive certain country say about women’s rights? Are women’s rights wordings differently. there disparities between reality and the After the result of the “translations” is constitution? Target group: Young adults and adults presented to everybody, the group should • Are you aware of any lawsuit currently in look at the situation in their home country. A process regarding women’s human rights? Group size/social organisation: 20–25; discussion of all or some of the following What is the issue? Which rights are small group work and full group discussion questions could be useful in assessing what affected? could be changed: • Do lawyers generally know of CEDAW and Time: approx. 60 min. other legal instruments dealing with women’s rights? 136 HUMAN RIGHTS OF WOMEN

Practical hints appearances and communication, and even PART III: SPECIFIC INFORMATION Working in small groups of 4 or 5 allows less aware that women and men interact ON THE ACTIVITY more intensive discussions and gives silent differently not only in words but also in Description of the activity/Instructions or timid participants a better chance of movements and gestures. First, female participants figure out typically becoming involved. Nevertheless, the results female body language, and male participants of the group work should always be Type of activity: single exercise/role play typically male body language. This includes presented and discussed in front of everyone typical positions while walking, sitting or in order to ensure the same level of PART II: GENERAL INFORMATION talking to other people in different situations. knowledge for all participants. ON THE ACTIVITY The participants should not only talk about Aims and objectives: body language but also try out different Suggestions for variations • Sensitizing for communication gestures and positions. The activity can be carried out with any legal • Fostering empathy The facilitator should then show the document according to the interests of the • Understanding gender roles participants gender-specific behavior and participants and the topics of the course. body language in various situations (e.g. on Target group: Young adults and adults; boys pictures or photographs). The participants PART IV: FOLLOW- UP and girls from the age of 12 should try to imitate the positions shown and A suitable follow-up could be organizing a think about their feelings in a particular women’s rights campaign. Group size/social organization: 20–25; situation. work in small groups and pairs plus all After this entry-exercise, the group should Related rights/further areas of exploration together split up into pairs, preferably into mixed Human rights, minority rights pairs, and work out one of the following Time: approx. 60 min. scenes as a little play to be presented to the rest of the group: ACTIVITY II: WOMEN’S AND Preparation: Make sure that the participants • A father is angry with his daughter MEN’S BODY LANGUAGE have enough space to move around. because the girl has come home late. • A young man tries to chat up a woman on PART I: INTRODUCTION Skills involved: the street. “What you say is 10% of the message – how Creative skills, acting • A new female colleague asks a male you say it 90%.” Most people are not aware colleague for help as she does not know how much body language influences much about the company. HUMAN RIGHTS OF WOMEN 137 REFERENCES

• A couple has dinner in a restaurant. They Abiella, Rosalie. 1987. The Evolutionary Nature of ECLAC Women and Development Unit. 2000. The Equality. in: Mahoney, Kathleen and Sheilah Martin. challenge of gender equity and human rights on the pay and leave. Equality and Judicial Neutrality. Toronto: Carswell. threshold of the twenty-first century. Santiago.

The small plays should be acted out in front Achieng, Judith. 1998. RIGHTS-UGANDA: Women Emily Davison. Available online at: benefit from new Land Legislation. available online at: http://www.spartacus.schoolnet.co.uk/Wdavison.htm of the audience. A possible discussion point http://www.oneworld.org/ips2/sept98/17_03_046.html afterwards would be the effect of confused Falcón O´Neill, Lidia. 1999. Historia de los Derechos de Amnesty International Australia. Defending women’s las Mujeres. La construcciòn del Sujeto Politico. Seminario body language, e.g. how does society react rights. Nigeria: Condemnation of the death penalty. Internacional de Derechos Humanos. Movimiento when a man starts interacting like a woman Concerns on the implementation of new Sharia-based Manuela Ramos. Lima. and vice versa. penal codes. available online at: http://www.amnesty.org.au/women/action-letter09.html Inter-American Commission on Human Rights – Organization of American States. Report N°54/01, Case Practical hints Amnesty International. Female Gender Mutilation – 12.051, Maria da Penha Maia Fernandes – Brazil, 16 April It can be a very interesting experience for the A Human Rights Information Pack. available online at: 2001. available online at: http://www.amnesty.org/ailib/intcam/femgen/fgm1.ht http://www.cidh.oas.org/annualrep/2000eng/ChapterIII participants to change female/male gender m /Merits/Brazil12.051.htm roles but it can also certainly be difficult for Another girl child killed in Tamil Nadu. Available online International Center for Research on Women. 1998. participants from cultures where gender roles at: Information Bulletin: After the Peace: Women in Post- are very strict and differ a lot. So, it is up to http://newsarchives.indiainfo.com/2000/12/17/17femal Conflict Reconstruction. available online at: the facilitator to decide what s/he can expect e.html http://www.icrw.org/docs/postconflictinfobulletin.pdf without running the risk of a “rebellion”. Benedek, Wolfgang and Gerd Oberleitner, Esther Kamat, Jyostna. The tradition of Sati in India. available Kisaakye(eds.). 2002. Human Rights of Women: online at: PART IV: FOLLOW-UP International Instruments and African Experiences. http://www.kamat.com/kalranga/hindu/sati.htm London: Zed Books. A suitable follow-up could be analyzing the Karam, Azza. 1998. Beyond Token Representation, in: interaction of women and men, e.g. in a Boletín Red Feminista Latinoamericana y del Caribe Women in Parliament: Beyond Numbers. available online contra la violencia doméstica y sexual. Isis, No. 20. July/ at: http://www.idea.int/women/parl/toc.htm debate or a movie. September 1998. Koenig, Shulamith. 1998. Embracing Women as Full Related rights/further areas of Bravo, Rosa. 1998. Pobreza por razones de género. Owners of Human Rights, in: Haxton, Eva and Claes Precisando conceptos. En Género y Pobreza, Nuevas Olsson (eds.), Gender Focus on the WTO. Uppsala: ICDA. exploration: dimensiones. Santiago de Chile: Editores Isis. Human rights generally, minority rights Moller Okin, Susan. 1998. Justice, Gender and the Cook, Rebecca. 1994. State Accountability under the family, New York: Basic Books. Women`s Convention. in: Human Rights of Women. University of Pennsylvania. Neuhold, Brita and Birgit Henökl. 2000. Women’s Rights – Human Rights: From Dream to Reality. Vienna: Austria Service for Development Co-Operation. 138 HUMAN RIGHTS OF WOMEN

NGO Committee on UNICEF. Factsheet: Girl Child Health Resolution A/Res/48/104, 20 December 1993. ADDITIONAL INFORMATION Issues. available online at: Declaration on the Elimination of Violence against http://www.girlsrights.org/factsheets/health.pdf Women. Campaign for a Latin American and Caribbean NGO Committee on UNICEF. Factsheet: Girl Child Health Seifert, Ruth. 1996. “The Second Front: The Logic of Convention on Sexual Rights and Reproductive Rights: Issues. available online at: Sexual Violence in Wars” in: Women’s Studies www.convencion.org.uy http://www.girlsrights.org/factsheets/hivfactsheet.pdf International Forum 19 (1/2) 1996, 35-43. CLADEM – Latin American and Caribbean Committee Niarchos, Catherine M. 1995. Women, War, and Rape: Shanti, Dairian. 1998. Equality and the Structures of for the Defense of Women Rights: www.cladem.org (in Challenges Facing The International Tribunal for the Discrimination. in: Yaeli, Danieli and Elsa Stamatopou- English, Portuguese and Spanish). Former Yugoslavia. Human Rights Quarterly 17.4 (1995) lou, Clarence Dias (eds.). New York. 649-690. available online at: Economic Commission for Latin America and the http://muse.jhu.edu/demo/human_rights_quarterly/17. Shiva, Vandana. 1998. Monocultures, Monopolies, Myths Caribbean: http://www.eclac.org 4niarchos.html#Rape and The Masculinisation of Agriculture, http://gos.sbc.edu/s/shiva2.html Equality Now: http://www.equalitynow.org Pandjiarjian, Valeria. 2003. Investigating and Analyzing International Council of Women: http://www.icw- a Strategy, in: Women, Law and Development The Prosecutor vs. Jean-Paul Akayesu. ICTR-96-4, 2 cif.org International. Saõ Paulo: Cladem Brazil. September 1998. Terre des Femmes – Menschenrechte für die Frau e.V.: People’s Decade for Human Rights Education. 2002. The Vienna Declaration and Programme of Action. http://www.terredesfemmes.de Passport to Dignity. New York. 1993. Organization of American States: http://www.oas.org People’s Decade for Human Rights Education. 2002. Torrevillas, Domini M. 2002. Why I am for House Bill Women hold up the Sky. New York. 4110, The Philippine Star, August 29, 2002 available People’s Movement for Human Rights Education: online at: http://www.pdhre.org People’s Decade for Human Rights Education. 1999. http://www.remedios.com.ph/fhtml/mk4q2002_wiaf.ht Between their Stories and our Realities. New York. m RSMLAC – Latin American Women’s Health Network: http://www.rsmlac.org Power, Carla. 2002. The Shackles of Freedom. The end of United Nations. 2001. Multilateral Treaty Framework: An communism was supposed to make life better for women. Invitation to Universal Participation, Focus 2001: Right of United Nations: Commission on the Status of Women: Has it? Newsweek International, 18 March 2002. Women and Children. http://www.undp.org/fwcw/csw available online at: http://www.cdi.org/russia/johnson/6142-2.cfm United Nations. 2000. Women, Peace and Security, Study United Nations: Committee on the Elimination of submitted by the Secretary-General pursuant to Security Discrimination against women: Reimann, Erich. 1996. Germany Breaks Up Sex Slave Council resolution 1325 (2000). http://www.un.org/DPCSD/daw/cedaw Ring, Associated Press, 13 December 1996. available online at: United Nations: Division for the Advancement of http://www.catwinternational.org/fb/Germany.html Women: http://www.un.org/DPCSD/daw RULE OF LAW AND FAIR TRIAL

THE RULE OF LAW IN DEMOCRATIC SOCIETIES FAIR TRIAL – CORE ELEMENT OF THE RULE OF LAW THE ELEMENTS OF A FAIR TRIAL

»The rule of law is more than the formal use of legal instruments, it is also the rule of justice and of protection for all members of society against excessive governmental power.«

INTERNATIONAL COMMISSION OF JURISTS 140 RULE OF LAW AND FAIR TRIAL ILLUSTRATION STORY

On 16 December 1988, early in the morning, number of questions admitting to his (The European Court for Human Rights deci- Mr. A was arrested at his home under section involvement in the assembly and planting of ded this case on 6 June 2000. The ECHR 12 of the British Prevention of Terrorism Act the bomb. During the seventh interview Mr. A found that the right to fair trial as stated 1984 in connection with an attempted bomb signed a lengthy statement, which described under Art 6 of the ECHR had been violated.) attack on military personnel. Mr. A was taken in considerable detail his part in the to Castlereagh police station. He claims that conspiracy to plant and detonate the bomb. SOURCE: TAKEN FROM THE CASE OF MAGEE V. THE UNITED on arrival he immediately requested to see his KINGDOM, ECHR, 6 JUNE 2000; AVAILABLE AT: solicitor. Access was delayed. Mr. A was On 18 December 1988 Mr. A was allowed to HTTP://HUDOC.ECHR.COE.INT/HUDOC2DOC2/HEJUD/200 detained in accordance with the Criminal consult with his solicitor, who made notes on 207/MAGEE.BATJ.DOC Evidence Order 1988. Unfamiliar with this Mr. A’s allegations of ill treatment. The new law, Mr. A again requested a solicitor chose not to pass these complaints on consultation with a lawyer and this request to the police. DISCUSSION QUESTIONS was refused. On the same day Mr. A was interviewed five times by two teams of two On 19 December 1988 Mr. A, along with 1. What do you think are the detectives. The last interview took place at others, was charged at Belfast Magistrates’ reasons for Mr. A’s midnight. Court with conspiracy to cause explosions, treatment? Which rights have been possession of explosives with intent, violated? On 17 December 1988, Mr. A complained to a conspiracy to murder and membership of the 2. What do you think can be done to prevent doctor of ill treatment during two interviews Irish Republican Army. similar actions from happening? on the previous day. The doctor recorded in 3. Do you know about protection systems his notes that Mr. A had alleged that he had On 17 September 1990 the trial of Mr. A and already in existence? been repeatedly slapped and occasionally his co-accused began at Belfast Crown Court punched in the back of the head during the before a single judge sitting without a jury. second and third interviews and that he had Mr. A pleaded not guilty. The case was based been punched a few times in the stomach. by the prosecution on the admissions made by Mr. A in interview and, in particular, the Subsequently, Mr. A’s sixth, seventh and written statements signed by him. Mr. A did eighth interviews took place on that day. not subsequently give evidence at the trial. During the sixth interview Mr. A broke his However, the trial judge sentenced Mr. A to silence and gave detailed answers to a twenty years’ imprisonment. RULE OF LAW AND FAIR TRIAL 141 NEED TO KNOW

1. INTRODUCTION convinced of your guilt, and that the only thus evident that the execution of state power real question is what the punishment should must be based on laws that were made Imagine yourself sitting in a courtroom be … according to the constitution, and with the without any idea why. You get even more aim of safeguarding freedom, justice and confused when the judge starts to read out This example shows what happens when the legal certainty. the charge – the crime you are accused of has guarantees of a fair trial are violated. The never been considered illegal before, as it is right to a fair trial, which is also called ‘fair In 1993 the UN World Conference on Human not laid down in the present legislation. administration of justice’, is one of the Rights in Vienna reaffirmed the inseparable Nobody answers your questions, you feel cornerstones of a democratic society abiding link between the principle of the rule of law absolutely unable to defend yourself, but a by the ‘rule of law’. and the protection and promotion of human legal counsel is not available. Even worse, rights. It recognized that the absence of the when the hearing of the witnesses opens, rule of law is one of the major obstacles to you find out that at least one of them speaks The Rule of Law the implementation of human rights. The a language you do not understand and there The rule of law cuts across various policy rule of law provides the foundation for the is no interpreter. During the trial, you learn fields and comprises political, constitutional, just management of relations between and from the judge that this is the second sitting and legal as well as human rights issues. Any among people, thus fostering diversity. It is a and the first one has been made without your democratic society which seeks to foster and pillar of the democratic process. The rule of presence. The longer the trial goes on, the promote human rights has to recognize the law also ensures the accountability of rulers clearer it becomes that everybody is primacy of the law as a fundamental and control by law over them. principle. Democracy Module.

Although the rule of law is a cornerstone of a » My choice of the rule of law as democratic society, there is no complete an overarching theme in my own consensus on all its elements. However, it work is due not at least to its seems beyond controversy that citizens are universality. It is also the most protected against arbitrary acts of public solid foundation of security.« authorities only if their rights are laid down SERGIO VIEIRA DE MELLO, UN HIGH COM- in law. This law has to be publicly known, MISSIONER FOR HUMAN RIGHTS, 2003 equally applied and effectively enforced. It is 142 RULE OF LAW AND FAIR TRIAL

Historical Development of the Rule of Law Fair Trial as a Core Element special courts and procedures, the laws The principle of the rule of law has its roots of the Rule of Law governing procedures against juveniles and in medieval England. As early as 1066 a The rule of law means, in the first place, the how all these special arrangements for central administration was established by existence of publicly known and non- juveniles take account of “the desirability of William the Conqueror. Although the king discriminatory laws. Their mere existence, promoting their rehabilitation”. embodied the central governmental, however, is nothing without their effective legislative and juridical power, he himself did enforcement. Thus, the state has to establish not stand above the law – it was the law that institutions safeguarding the legal system, In summer and autumn 2002 a series of had made him king. Out of this including courts, prosecutors and police. murders terrorized Washington DC. Ten understanding, the common law courts and These institutions are themselves bound by people were shot by a sniper in a month-long the parliament, together with the nobility, human rights guarantees, as laid down in the killing spree, three more were seriously strengthened their influence in the national universal and regional treaties for the injured. On 24 October, the police arrested system, building the first parliamentary protection of human rights, such as the two men: 42 year old John Allen Muhammad monarchy in Europe. The cornerstones in the International Covenant on Civil and Political and his 17 year old companion, John Lee development of the rule of law were the Rights (ICCPR), the European Convention on Malvo. The latter, though a minor, is facing Magna Charta (1215), granting certain civil Human Rights, the American Convention on court procedure in Virginia, where he could and political rights to the nobility, and the Human Rights and the African Charter on be sentenced to death. This has triggered a Habeas Corpus Act (1679) which gave people Human and Peoples’ Rights. public discussion in the US as to whether the in custody the undeniable right to be death penalty can ever be justified for a 17 informed why their liberty was restricted. It is important to note that the ICCPR makes year old. On the European continent, the principle of a special reference to juveniles. It provides the rule of law gained importance against the that in the case of juveniles, the procedure background of civil revolutions throughout shall take account of their age and the the seventeenth and eighteenth century. desirability of promoting their rehabilitation. Today, the rule of law is a core principle of This means that states should draft national and regional institutions almost legislation concerning relevant matters such worldwide. as the minimum age at which a juvenile may be charged with a criminal offence, the maximum age at which a person is still considered to be a juvenile, the existence of RULE OF LAW AND FAIR TRIAL 143

Rule of Law, Fair Trial and Human Security 2. DEFINITION AND DESCRIPTION proper administration of justice has two Human security cannot be realized without OF A FAIR TRIAL aspects, the institutional (e.g. independence the rule of law and fair trial. The principles of and impartiality of the tribunal) and the rule of law and fair trial contribute to one’s What is a fair trial? The right to procedural (e.g. fairness of the hearing). The security in personal life as it guarantees that a fair trial relates to the principle of fair trial upholds a series of nobody is persecuted and arrested arbitrarily, administration of justice in individual rights ensuring the proper that everyone is entitled to a fair court both civil and criminal contexts. At the administration of justice from the moment of hearing and an independent and impartial outset, it is important to understand that the suspicion to the execution of the sentence. judge. Fairness in court proceedings shall lead to justice and the confidence of the Minimum Standards of the Rights of the the interests of justice so require the citizens in a predictable jurisdiction. Accused: accused shall be assigned legal assistance 1. All persons shall be equal before courts without payment by him if he does not Furthermore, a strong judicial system helps and tribunals and are entitled to the have sufficient means to pay for it; to keep crime rates and corruption low, thus minimum guarantees to a fair trial in full 8. The accused has the right to examine, or contributing to freedom from fear. In post- equality; have examined, the witnesses against him conflict situations, as for example in Bosnia 2. Everyone has the right to free access to and to obtain the attendance and and Herzegovina, it is especially important to effective, fair judicial remedies; examination of witnesses on his behalf. re-establish the rule of law and the right to 3. The tribunal is competent, independent, The accused has the right not to be fair trial in order to enhance human security impartial, and established by law; compelled to testify against himself or to through legal security, the administration of 4. Everyone shall be entitled to a fair and confess guilt; justice and good governance. These are the public hearing; thus, the general public 9. The accused has the right to have the free means by which citizens will regain con- can be excluded only in specified cases; assistance of an interpreter if he cannot fidence and trust in the state and its 5. Everyone charged with a criminal offence understand or speak the language used in authorities. shall have the right to be presumed inno- court; cent until proven guilty according to law; 10. No one shall be held guilty of any With regard to economic confidence and de- 6. Everyone has the right to be tried without criminal offence on account of any act or velopment, too, investment security strongly undue delay; omission, which did not constitute a depends on a functioning administrative and 7. Everyone has the right to be tried in his criminal offence, under national or inter- judicial system. Hence, economic growth and presence. The accused has the right to national law, at the time when it was social welfare which correspond to freedom defend himself in person or through legal committed. Nor shall a heavier penalty be from want, i.e. social and economic security, assistance of his own choosing; if he does imposed than the one that was applicable are also dependent on the rule of law and fair not have legal assistance he shall be at the time when the criminal offence was trial. informed of this right; in any case where committed. 144 RULE OF LAW AND FAIR TRIAL

The international provisions, for example Equality Before the Law and The other aspect of equal treatment by the Art. 14 ICCPR, on the right to a fair trial Before the Court courts is that every accused person is entitled apply to all courts and tribunals, no matter if The guarantee of equality is one of the to be treated equally with similarly placed ordinary or specialized. In many countries general principles of the rule of law. It accused people, without discrimination on there are military or special courts which prohibits discriminatory laws and includes any grounds. However, in this context it try civilians. Quite often, the reason for the the right to equal access to the courts and should be kept in mind that equal treatment establishment of such courts is to enable equal treatment by the courts. does not mean identical treatment. It means exceptional procedures to be applied which that where the objective facts are similar, the do not comply with normal standards of Its most important practical aspect is the treatment of the administrative and judicial justice. While the Covenant does not prohibit equality of arms, comprising the idea that system must be similar, but where the facts such categories of courts, nevertheless the each party to a proceeding should have an found are different, the equality principle conditions which it lays down clearly equal opportunity to present its case and that requires different treatment. indicate that the trying of civilians by such neither party should enjoy any substantial courts should be exceptional and take place advantage over its opponent. Access to Effective, Fair Judicial Remedies under conditions which guarantees fully the The fair trial norms list a number of elements provisions stipulated in Art. 14. comprising the fair administration of justice. To some extent these elements may be seen as describing the general characteristics of Provisions on Fair Trial • 1985 UN Basic Principles on the Indepen- judicial institutions and as outlining the dence of the Judiciary broad parameters by which the fairness of a • 1948 Universal Declaration of Human • 1985 UN Standard Minimum Rules for the proceeding can ultimately be judged. Rights, Art. 11 Administration of Juvenile Justice However, before arriving at the point where • 1950 European Convention on Human • 1986 African Charter on Human and such evaluations can be made, an individual Rights, Art. 6 Peoples’ Rights, Art. 7 must have been provided with the oppor- • 1966 International Covenant on Civil and • 1990 UN Basic Principles on the Role of tunity to have his or her case heard. Political Rights, Art. 14 Lawyers • 1969 American Convention on Human • 1990 UN Guidelines on the Role of One important principle at issue in cases Rights, Art. 8 Prosecutors alleging a violation of the right to access to court is that the state cannot restrict or RULE OF LAW AND FAIR TRIAL 145

eliminate judicial review in certain fields or The independence of judges is one of the instrument requires a trial by a jury. for certain classes of individuals. pillars of an independent judiciary. If judges However, where a country has instituted a can be removed at any time by the jury system, the requirements of indepen- Free access to the court should not only be government or other authorities, their dence and impartiality apply to juries as well. guaranteed in the context of civil litigation. It institutional independence is not secured. is equally important for the proper conduct Furthermore, if either the courts or the judges Public Hearing of criminal cases as it provides protection themselves are under the control or influence In order to foster confidence in the adminis- against a sentence by a judicial body not of non-judicial entities, no fair trial can be tration of justice and ensure a fair hearing of meeting the criteria for a fair trial. ensured. Examples of such control are: the parties, proceedings should be open to conditions of payment of judges, the the general public. According to the maxim possibility for other branches of government that justice should not only be done, but Independence and Impartiality to issue instructions to courts, or threats of should be seen to be done, the public has the One of the basic elements of a functioning transfer of judges to other posts should their right to know how justice is done and what rule of law system is the role of independent decisions not conform to expectations or decisions have been taken. A public hearing and impartial courts in the legal system. instructions. requires oral hearings on the merits of the According to the principle of the division of case, which have to be held in public and powers, the judicial power has to be Court decisions may not be changed by a where the members of the public and the completely separate from the legislative and non-judicial authority, except in the case of press can attend. In this respect information executive powers. constitutionally recognized amnesties, about the time and the venue of the oral usually granted by the Head of State. hearings has to be made publicly known by the courts. The principle of publicity must be In 2001, Amnesty International reported the The fair trial norms do not require any fully respected, unless there is a reason case of 94 civilians tried by a military court specific structure for judicial benches, which which allows the exclusion of the public. in Egypt because of their alleged links to may comprise professional judges only, armed Islamist groups. They were tortured combined panels of professional and lay The reasons for restrictions are stated in the and held in detention, incommunicado. judges, or other combinations of these. international instruments themselves, i.e. Furthermore, their right to a fair trial was However, there are international standards morals (e.g. the hearings involving sexual restricted insofar as the impartiality and on the independence of the judiciary which offences), public order (mainly in the court independence of the military courts from the also include provisions for the appointment room), and national security in a democratic executive was not provided. of judges. No international human rights society or when the interests of the private 146 RULE OF LAW AND FAIR TRIAL

lives of the parties so require, and in special officials who are part of the procedure. What constitutes a reasonable length of time circumstances where publicity may threaten However, it should be taken into account that may differ according to the nature of the case the provision of a just and adequate sen- there is no violation of this right when the in dispute. The assessment of what may be tence. authorities inform the public about the considered undue delay depends on the criminal investigations and in doing so name circumstances of the case, such as the However, even in cases in which the public is a suspect, unless there is a statement that the complexity of the case, the conduct of the excluded from the trial, the judgment must, person is guilty. parties, what is at stake for the applicant and with certain strictly defined exceptions like the handling by the authorities. the interest of juveniles or family matters, be The right to remain silent and the right not to made public. be compelled to testify against oneself or to Furthermore, it should be taken into account confess guilt also fall within the principle of that in criminal law the right to have a fair the right to be presumed innocent. The right trial without undue delay is a right of the Right to be Presumed Innocent to remain silent requires also that silence victims, too. The underlying principle of the The right to be presumed innocent means shall not be taken into consideration in the rule is well expressed in the phrase: “justice that everyone who has been charged with a determination of guilt or innocence before delayed is justice denied.” criminal offence has the right to be presumed any investigation by the prosecutor. The right innocent and shall be treated as innocent not to be compelled to testify against oneself Right to Defend Oneself in Person or until and unless he or she has been proven or confess guilt implies a prohibition to Through Legal Counsel and Right to be guilty according to the law in a fair trial. This engage in any form of pressure. Tried in One’s Own Presence principle applies to the person from the Everyone charged with a criminal offence has moment of suspicion and ends when a Right to be Tried Without Undue Delay the right to defend himself or herself, in conviction is confirmed after a final appeal. The period to be considered under the person or through legal assistance. The right Thus, in criminal cases the prosecution has articles concerning undue delay includes not to a counsel in the pre-trial stages of a to prove an accused person’s guilt and if only the time until the trial begins, but the criminal trial is clearly linked to the right to there is a reasonable doubt, the accused must total length of the proceedings, including a be defended during trial. The provisions not be found guilty. possible appeal to a higher tribunal, up to the generally state that in the determination of Supreme Court or other final judicial any criminal charge against any person, The right to be presumed innocent requires authority. he/she is entitled “to be tried in his presence, that judges and juries refrain from prejudging and to defend himself in person or through any case. This also applies to all other public legal assistance of his own choosing; to be RULE OF LAW AND FAIR TRIAL 147

informed, if he does not have legal assistance, When the counsel has to be assigned, it Right to Free Assistance of an Interpreter of this right; and to have legal assistance should be taken into consideration that the If the person does not understand or speak assigned to him, in any case where the accused has a right to an experienced, the language used in the court, he or she has interests of justice so require, and without competent and effective defense counsel. the right to have the free assistance of an payment by him in any such case if he does S/he also has the right to confidential interpreter, including the translation of not have sufficient means to pay for it” – Art. communications with his/her counsel. documents. The right to an interpreter 14 (3d) ICCPR. applies equally to nationals and aliens not Although there is a right to be tried in one’s sufficiently proficient in the language of the presence, trials in absentia can be held, court. The right to an interpreter can be Contents of the Right to Defend Oneself in exceptionally and for justified reasons, but claimed by the suspect or by the accused at Person or Through Legal Counsel and the strict observance of the rights of the defense the moment of interrogation by the police, by Right to be Tried in One’s Presence is all the more necessary. an investigating judge or during the trial. ➢ the right to be tried in one’s presence. During the proceedings an interpreter trans- ➢ to defend oneself in person Right to Call and to Examine or Have the lates orally to the accused and to the court. ➢ to choose one’s own counsel Witnesses Examined ➢ to be informed of the right to counsel; and This provision is designed to guarantee the The Principle of Nulla Poena ➢ to receive free legal assistance accused the same legal powers of compelling Sine Lege the attendance of witnesses and of examining The Latin phrase “nulla poena sine lege” or cross-examining any witness who is simply means that no one can be found Depending on the seriousness of the possible available to the prosecution. It ensures that guilty for acts which were not forbidden by punishment, the state is not obliged to assign the defense has the opportunity to question law when they were committed, even if the a legal counsel in every case. For instance, witnesses who will give evidence and to law has since changed. Accordingly, no the UN Human Rights Committee has held challenge evidence against the accused. heavier penalty can be imposed than that that any person charged with a crime applicable at the time of the criminal offence. punishable by death must have counsel There are some limitations on the exami- This so-called non-retroactivity of the law assigned. However, a person accused of nation of prosecution witnesses. These are ensures that a person living in compliance speeding would not necessarily be entitled to on the basis of the accused’s conduct, when with the law does not run the risk of have counsel appointed at the expense of the the witness reasonably fears reprisal or if the suddenly being punished for originally lawful state. According to the Inter-American Court witness becomes unavailable. acts. Therefore, the application of the of Human Rights, counsel must be provided principle of non-retroactivity is indispensable if it is necessary to ensure a fair hearing. for legal security. 148 RULE OF LAW AND FAIR TRIAL

3. INTERCULTURAL Some of the problems countries in transition must both establish and maintain the PERSPECTIVES AND to democracy face cannot be traced back to institutional infrastructures necessary for CONTROVERSIAL ISSUES cultural diversities. It is often the case that the proper administration of justice, and citizens show little regard for governmental promulgate and implement laws and The principle of the rule of law is generally and legal systems which are patronage- regulations guaranteeing fair and equitable recognized. However, considerable cultural driven and corrupt, and street crimes as well proceedings. differences can be found when comparing as civil violence do increase as a result. The the interpretation of the contents of the rule point is rather that the establishment of a Since the concept of the rule of law is very of law in different countries. The most well functioning rule of law regime takes closely linked to the idea of democracy, obvious distinction is that between the time and requires financial resources. embracing civil and political liberties, and American and the Asian understanding. Furthermore, where political leaders do not indispensable for the development of market American lawyers tend to attribute specific show respect for democratic values and civil economies, its implementation depends on characteristics of their legal system, such as liberties, it is difficult to achieve judicial the realization of these values. Various case the trial by jury, expansive rights of independence. However, in a world of studies from transitional countries show that defendants and a very clear division of economic globalization, the international the establishment of the rule of law fails if powers to the rule of law, whereas Asian need for stability, accountability and political leaders are unwilling to comply with lawyers stress the importance of the regular transparency, which can be guaranteed only basic democratic principles, thus enabling and efficient application of the law without by a regime respecting the rule of law, corruption and criminal organizational necessarily subordinating governmental continues to grow. structures. powers to it. This narrower conception, better characterized as rule by than rule of law, is closely connected to the notion of 4. IMPLEMENTATION “Asian-style democracy”. AND MONITORING

In some countries, the Shariah – the Islamic Implementation codification of law – limits the rights of The protection of human rights starts at the women to a fair trial, as they do not have the domestic level. Thus the implementation of right to access to court on an equal footing the rule of law depends on the willingness of with men. However, distinctions on the basis a state to establish a system guaranteeing the of sex are prohibited by Art. 2 and Art. 3 rule of law and fair court procedures. States ICCPR. Religious Freedoms Module. RULE OF LAW AND FAIR TRIAL 149

The case of Albania: The turbulent governmental compliance with law has to be them, some of the human rights treaties like transition process from a centrally planned increased – primarily to ensure judicial the UN Covenant on Civil and Political Rights state to an open market economy has caused independence. provide for a supervisory mechanism. This serious problems. Although the first phase of mechanism consists of a reporting system, political and economic change gave reason There are specific advisory bodies like the whereby State Parties are obliged to report at for optimism, local and international Council of Europe’s Venice Commission esta- regular intervals to an international moni- criminal organizations gained influence blished to strengthen the rule of law or toring body, on how they have implemented subsequently, due to the weak executive and professional associations of judges, which the treaty provisions. For example, the UN judicial system. They established a financial assist or monitor the performance of govern- Human Rights Committee comments on the pyramid scheme, which robbed the savings ments. way the State has fulfilled its treaty obli- of more than 75% of the population, thus gations and may also make suggestions and bringing the country close to a complete Monitoring recommendations for improving the imple- collapse in 1997. In most countries basic human rights mentation of the human rights obligations. In provisions are enshrined in the constitution. addition, it issues general comments on the The constitution normally also provides for interpretation of the ICCPR, like General As a general rule, the strengthening of the possibilities to invoke human rights provi- Comment No. 13 of 1984 on Art. 14 ICCPR. rule of law seems to be the only way to fight sions before domestic courts in case of an corruption, to hinder newly elected leaders alleged violation of these rights. On the Some of the human rights treaties also from falling into authoritarian habits, and to international level, human rights treaties are provide for a complaint mechanism. After foster respect for human rights through a concluded to protect human rights. Once a having exhausted the domestic remedies, an functioning system of checks and balances. state becomes a party to such a treaty it is individual may lodge a “communication” But how can all these be implemented in obliged to guarantee and to implement the about an alleged violation of human rights reality? Basically, three steps are necessary. provisions at the domestic level. Inter- which are guaranteed by that treaty. Such a Firstly, the existing law has to be revised and national law does not prescribe how the state possibility exists, for example, under the – insofar as this has not happened before – has to implement such provisions. This Optional Protocol of the UN Covenant on codified. Secondly, the institutions depends on the way the domestic legal order Civil and Political Rights, the European guaranteeing the proper administration of has been organized. Convention on Human Rights (Article 34), justice need to be strengthened, i.e. by the the American Convention on Human Rights training of judges. Lastly, and this is probably In order to monitor the implementation of (Article 44) and the African Charter on the most difficult step to implement, the human rights provisions and to guarantee Human Rights and Peoples’ Rights (Article 150 RULE OF LAW AND FAIR TRIAL

55). Under these treaties individuals can take aggravated by the fact that a mere institution be restored. Apart from support given to their complaint to the UN Committee on building process will not suffice, since there NGOs, professional organizations of lawyers Human Rights or the European Court of is a lack of confidence in the judiciary and a and similar institutions, the OSCE has Human Rights, the Inter-American Commis- culture of respect for the rule of law as well facilitated the establishment of the following sion on Human Rights or the African Com- as a culture of human rights in general has to institutions: mission for Human and People’s Rights. These treaty bodies may examine the com- plaint and in case they find a violation the Kosovo Judicial Institute – The KJI was set assistance, research and training. The CDRC state concerned is recommended to take the up to enhance the legal education of judges provides a balance to the support, resources necessary steps to change its practice or the and prosecutors. Most training seminars, on and expertise provided to the judiciary and law and to provide redress to the victim. aspects of criminal and civil law relating to prosecutors. international human rights standards, intend As part of its thematic procedures, the Hu- to refresh and update legal knowledge. The Kosovo Law Centre – The KLC serves as a man Rights Commission of the United legal education programme also consists of legal think tank devoted to develop the Nations has appointed special rapporteurs study visits to countries in the region to professional skills of local legal talent. It has on extra-judicial or arbitrary executions foster and promote discussions about the been active in assisting the Law Faculty at (1982) and on the independence of judges challenges faced by judicial systems in Pristina University on a variety of issues, and lawyers (1994), whereas a working transitional societies and devise solutions to including curriculum reform, establishing group has been established on arbitrary improve actual judicial practices in Kosovo. scholarships and exchange programmes, detention (1991). A continued focus is the training of local improving the legal library, and providing trainers, for which a number of members of practical legal clinics. One of the KLC’s most Building a Culture of Respect for the Rule Kosovo’s judiciary have assumed positions as important projects has been to compile of Law in Kosovo judicial trainers at KJI. applicable laws in Kosovo for use by the legal After years of war and armed conflict, the community. Three compilations have been situation in Kosovo shows clear signs of Criminal Defence Resource Centre – The published to date on criminal law, family law advancement on its way towards a demo- newest of the OSCE-founded institutions and property law. cratic society abiding by the rule of law. The focuses on improving the capacity of defence OSCE plays an important role in this process, lawyers so clients can be adequately SOURCE: HTTP://WWW.OSCE.ORG/KOSOVO/LAW assisting in reastablishing the fundamental represented, through direct case-related structures of the judicial system. This task is RULE OF LAW AND FAIR TRIAL 151 GOOD TO KNOW

1. GOOD PRACTICES the domestic judicial training bodies, and 2. TRENDS providing advice to all stakeholders including Development Aid for Establishing a civil society and the High Representative Functioning Judicial System himself. International Tribunals Most Western countries are supporting rule After the atrocities in Rwanda and the former of law reforms as part of their development The Resolution on the Respect and the Yugoslavia the international community had assistance policies. For example, Russia has Strengthening of the Independence of the to react – and set up two ad-hoc tribunals to been supported by a US$ 58 million World Judiciary (Africa) instigate prosecution proceedings to try the Bank loan; further assistance projects have The African Commission on Human and most heinous crimes committed during the been sponsored by the US, Germany, the Peoples’ Rights drafted this resolution in wars and armed conflicts. Even though these Netherlands, Denmark, the EU and the 1996, recognizing the importance of an tribunals have done their work quite European Bank for Reconstruction and independent judiciary not only for the sake of successfully so far, they have been criticized Development. Some Asian and Latin Ameri- social equilibrium, but also for economic for various reasons: alleged illegality of the can countries have received considerable development. This resolution calls upon tribunals, uncertainties regarding the rules of financial assistance too, whereas the African countries to take legislative measures procedure (as judges may change them involvement in the Middle East and Africa is to safeguard the independence of the according to their needs), the non-existence less significant. Support has also been given judiciary and to provide the judiciary with of compensation for people wrongly accused, to projects strengthening the rule of law in sufficient resources to fulfill its function. It is and the general attitude of seeing defendants post-conflict societal reconstruction, e.g. very important, for example, that judges can as “the radical evil on trial”. Learning from Bosnia and Herzegovina or Kosovo. afford a decent living and have acceptable these shortcomings, the international working conditions to ensure that they can community approached the establishment of The Independent Judicial Commission maintain their independence. Furthermore, the International Criminal Court in a different (IJC) in Bosnia and Herzegovina states should refrain from taking action way. More responsibility has been left to the The High Representative established a which may threaten directly or indirectly the State Parties to the Rome Statute, and efforts Judicial Commission for Bosnia and independence of judges and magistrates. were made to strengthen the rule of law. Herzegovina in 2001. The mandate of the Commission embraces the promotion of the Mediation and Arbitration rule of law and judicial reform by evaluating States are engaging more actively in the judicial, prosecutorial and governmental alternative dispute resolution procedures institutions, coordinating reforms, assisting (mediation and arbitration) to relieve courts 152 RULE OF LAW AND FAIR TRIAL

and shorten court procedures, but also with successfully (for example up to 70 % in the 3. CHRONOLOGY the aim of creating “win-win situations” for state of Ohio). Yet one could argue that the the parties by finding mutually acceptable parties are denied access to court, because 1948 Universal Declaration of Human solutions. Especially US courts are the alternative of time- and money-intensive Rights increasingly unable to cope with the rush of court proceedings may impose a certain 1950 European Convention on Human submissions within reasonable time periods, pressure on the parties to find a solution. Rights while in continental Europe the latter aspect 1966 International Covenant on Civil and prevails. Increasing Trial Publicity Political Rights Throughout the last few years “reality 1969 American Convention on Human While court proceedings aim at the television” has become increasingly popular. Rights prosecution of legal claims, mediation also From police car chases to survival shows and 1982 UN Special Rapporteur on Extra- takes into consideration the needs and daily life in apartment-sharing communities, Judicial or Arbitrary Executions interests of the individuals and thus brings almost everything can be found on TV. In this 1984 General Comment No. 13 on Art. 14 better results in matters such as business, remarkable spectrum, courtroom-based ICCPR family or neighborhood relations. shows have also found their – rather broad – 1985 UN Basic Principles on the Indepen- fan community. No matter if live trials or dence of the Judiciary Mediation is a method of dispute settlement television drama, justice can now be enjoyed 1985 UN Standard Minimum Rules for the by the parties with the guidance and from your couch, accompanied by a cold Administration of Juvenile Justice facilitation of a third party. Arbitration is the beer and some fries. This, of course, raises 1986 African Charter on Human and settlement of a dispute by a decision of an some critical ethical issues. While on the one Peoples’ Rights arbitrator, which is binding upon the parties. hand the principle of public hearing is central 1990 UN Basic Principles on the Role of to the right to a fair trial, on the other hand Lawyers Many countries provide for mandatory this form of presentation has little to do with 1990 UN Guidelines on the Role of Prose- mediation at the pre-trial stage. The necessity showing justice in a proper way – it is rather cutors of a court trial arises only if mediation does about pure craving for sensation, and playing 1991 UN Working Group on Arbitrary not lead to a solution. In the US and with viewers’ short-lived emotions. The most Detention Australia, for example, so-called “settlement adequate counter-strategies are probably 1994 UN Special Rapporteur the Indepen- weeks” take place periodically, within which ethical guidelines developed by bar or dence of Judges and Lawyers all court-connected cases are mediated. And judges’ associations. 1998 Rome Statute of the International indeed a large number of cases are settled Criminal Court RULE OF LAW AND FAIR TRIAL 153 SELECTED ACTIVITIES

ACTIVITY I: TO BE HEARD Skills involved: her/himself. The other participants are the OR NOT TO BE HEARD? Critical thinking and analytical skills, com- audience in the court. No one else in the municating, opinion building, empathetic class is allowed to voice an opinion. Ask the PART I: INTRODUCTION skills accusers to state their case to the judge and have the judge make a decision only on that This activity is a role-play that aims at PART III: SPECIFIC INFORMATION basis. demonstrating the rules and procedures of a ON THE ROLE PLAY After this, for a second scenario, appoint a trial. Introduction: new judge to give the final verdict of guilty or Explain that you are going to perform a not guilty. Also appoint a defense team of Type of activity: Role-play courtroom situation in two different two or three people. Allow the defendant to scenarios, one without a defense and one speak and the defense team to make their PART II: GENERAL INFORMATION with defending mechanisms. Explain the statement. The audience may give opinions ON THE ACTIVITY roles and let participants choose. as well. Only now does the new judge have Aims and objectives to reach a decision. • To experience a courtroom situation • One person falsely accused of an offence, • To identify the notion of a fair and public such as stealing or loitering Feedback trial • Team of two or three people leading the Bring participants back together. • To develop analytical skills prosecution First ask those who participated in the role • A group of three or four people bringing plays: Target group: Young adults and adults the charges and writing them up on the Group size/social organization: 15–20 board/flip chart • How much were you able to influence the Time: About 90 minutes • A judge judge’s decision? • How real was the simulation? Preparation: The accusers and the group bringing the Arrange the classroom as a courtroom. Place charges have ten minutes to prepare their Now move on to motivate the whole group to one table for the judge in front and two accusatory statement. think about the process and purpose of the others at right angles to it and facing each two role-plays. other, one for the accused and the defense, Performance of the role-play: the other for the prosecuting team. In the first scenario, there are no defending • What was different in the two scenarios attorneys and the accused cannot defend and why? 154 RULE OF LAW AND FAIR TRIAL

ACTIVITY II: “HOW • Did participants feel uncomfortable with Explain that in other words this means that if CAN YOU DEFEND the first scenario? you should go on trial this should be done in THOSE PEOPLE?” • Do you think scenarios like the first one public. A public hearing is one in which the can happen in real life? defendant is present and the evidence is PART I: INTRODUCTION presented before him or her as well as his or This activity is a discussion based on real life Practical hints her family and community. cases in order to identify prejudices and a Try not to explain the whole purpose of the The people who try the accused should not corresponding notion of a fair trial. role-plays before you start playing. The let themselves be influenced by others. On surprise value might have a greater impact the basis of the role-plays performed, discuss Type of activity: Discussion on participants and will not hinder the the fact that everybody must have a fair performance of the role-play itself. Be careful chance to state his or her case. This is valid PART II: GENERAL INFORMATION with the performance, especially of the first for criminal cases as well as civil disputes, ON THE DISCUSSION role-play, and interrupt if the accused starts when one person sues another. Aims and objectives feeling anxious or frightened. This does not Give participants a definition used by the UN • To identify prejudices and limits of neutral mean that the role-play has failed but shows of what constitutes an independent and observation how real the simulation can be. impartial tribunal: ‘independent’ and • To develop analytical skills ‘impartial’ means that the court should judge Suggestions for Variation each case fairly on the basis of evidence and Target group: Young adults and adults For the second scenario, you can appoint an the rule of law should not favor either side of impartial jury of three or four instead of the a case for political reasons. Group size/social organization: 15–20 judge. In the feedback, discuss the difference between a jury and a judge. Related rights/further areas of Time: About 60 minutes exploration: PART IV: FOLLOW-UP The presumption of innocence, the recogni- Material: Handouts (see below) Read out Article 10 of the UDHR. tion as a person before the law, the right to a “Everyone is entitled in full equality to a fair competent defense; elements democracy Preparation and public hearing by an independent and Prepare a handout of the statement of de- impartial tribunal, in the determination of SOURCE: fense attorney Gerry Spence (see below). ADAPTED FROM: UNITED NATIONS CYBERSCHOOLBUS; his/her rights and obligations and of any AVAILABLE ONLINE AT: criminal charge against him/her.” HTTP://WWW.UN.ORG/CYBERSCHOOLBUS/HUMANRIGHTS Skills involved / DECLARATION/10.ASP, FEBRUARY 2003 Critical thinking and analytical skills, opinion building, communication skills, expressing different opinions and points of view on an issue. RULE OF LAW AND FAIR TRIAL 155

PART III: SPECIFIC INFORMATION Feedback: defend yourself. Nobody has the right to ON THE DISCUSSION: In a feedback round, ask participants only to condemn you and punish you for something Introduce the topic by allowing participants summarize the discussion briefly: you have not done. The presumption of inno- to imagine perpetrators of crimes they know cence and the right to a defense are the two (or you show a video tape of one of them). • Why do you think attorneys defend crimi- important principles articulated in this article. You can list them on a board or flip chart if nals? You can do the follow-up of the activity “To you like. • Do you think that those attorneys are seen be heard or not be heard?” in connection Now let participants imagine that they are the same way as the criminals they defend with it. defense attorneys for clients accused of and why? notorious crimes. PART IV: FOLLOW-UP: Hand out the statement of the defense Practical hints: Read out Articles 6 and 8 of the UDHR. attorney Gerry Spence, who described his You can introduce the activity by showing a Art. 6: “Everyone has the right to recognition response to the question frequently put to videotape or reading an article about everywhere as a person before the law”. him, “How can you defend those people?” notorious criminals such as those of the Explain that this means you should be legally Nazi-era in Germany, the Ku Klux Klan in the protected in the same way everywhere, and Now start a discussion on the rights of US or dictators in Latin America or Asia. You like everyone else. Definition: A person be- perpetrators on the basis of this statement. can also refer to local and current circum- fore the law is someone who is recognized to stances and talk of people who are be a subject to the protection offered by the • Should everybody be considered innocent condemned in a public debate after having legal system and the responsibilities required until proven guilty? committed a serious crime. If you do so, be by it. • If you are accused of a crime, should you aware of the emotions such a topic may Art. 8: “Everyone has the right to an effective always have the right to defend yourself? arouse. Do not judge participants’ opinions remedy by the competent national tribunals • Should everybody be allowed to ask for but clearly state that human rights are for all for acts violating the fundamental rights legal help and get it free of charge if s/he and that they cannot be derogated from granted to him/her by the constitution or by cannot afford it? arbitrarily at any time. law”. This means that you should be allowed • Should everybody be equal before the to ask for legal help when your human rights law? Tips for Variation: are not respected. Discuss Art. 11 of the UDHR. Write it down If you wish, you can take down some argu- on a flip-chart and explain its meaning and SOURCE: ADAPTED FROM: “CORRESPONDENCE BIAS IN EVERYDAY ments on a flip chart to sum up the discus- purpose of it. You should be considered inno- LIFE”, CARLETON COLLEGE, MINNESOTA, USA, sion. cent until proven guilty. If you are accused of AVAILABLE AT: HTTP://CARLETON.EDU/CURRICULAR/ a crime, you should always have the right to 156 RULE OF LAW AND FAIR TRIAL REFERENCES

Text for the handout: Amnesty International. 2001. Egypt – Trials of Civilians 1985 and endorsed by General Assembly resolutions Before Military Courts Violate Human Right Standards. 40/32 of 29 November 1985 and 40/146 of 13 December Available online at: 1985. Available online at: “How can you defend those people?” http://www.amnestyusa.org/news/2001/egypt11192001. http://193.194.138.190/html/menu3/b/h_comp50.htm html Ramen, Frank. 2001. The Rights of the Accused Gerry Spence, defense attorney: Becker, Michael, Hans-Joachim Lauth and Gert Pickel. (Individual Rights and Civic Responsibility). New York: “Well, do you think the defendant should 2001. Rechtsstaat und Demokratie. Theoretische und The Rosen Publishing Group. empirische Studien zum Recht in der Demokratie. have a trial before we hang him? If so, should Wiesbaden: Westdeutscher Verlag. Weissbrodt, David A. 2001. The Right to a Fair Trial it be a fair trial? If it is to be a fair trial, under the Universal Declaration of Human Rights and the Bell, Ryan Brett and Paula Odysseos. 2002. Sex, Drugs International Covenant on Civil and Political Rights, should the accused be provided with an and Court TV? How America’s Increasing Interest in Trial Articles 8, 10 and 11 of the Universal Declaration of attorney? If he is to be provided with an Publicity Impacts Our Lawyers and the Legal System. 15 Human Rights. The Hague: Kluwer Academic Publishers. Georgetown Journal of Legal Ethics 653. attorney, should the attorney be competent? Weissbrodt, David and Rüdiger Wolfrum. 1997. The Well, then, if the defense attorney knows that Carothers, Thomas. 1998. The Rule of Law Revival. Right to a Fair Trial. Berlin: Springer Verlag. the defendant is guilty, should he try to lose Foreign Affairs, Vol. 77, Issue 2. the case? If not, should he do his best to make Cotran, Eugene and Mai Yamani. 2000. The Rule of Law the prosecution prove its case beyond a in the Middle East and the Islamic World, Human Rights ADDITIONAL INFORMATION and the Judicial Process. New York: Palgrave. reasonable doubt? And if he does his best, The International Commission of Jurists’ Center for Goldfarb, Ronald. 1998. TV or not TV: Television, Justice, and the prosecution fails to prove the case the Independence of Judges and Lawyers: and the Courts. New York: New York University Press. beyond a reasonable doubt, and the jury http://www.icj.org/rubrique.php3?id_rubrique=40&lan g=en acquits the guilty accused, who[m] do you Hofmann Rainer, Joseph Marko and Franz Merli. 1996. Rechtsstaatlichkeit in Europa. Heidelberg: C.F. Müller. blame? Do you blame the defense attorney The COE Venice Commission: http://www.venice.coe.int/site/interface/english.htm who has done his job, or the prosecutor who Lawyers Committee for Human Rights. 2000. What is a fair trial? A basic Guide to Legal Standards and Practice. Inter-African Network for Human Rights and has not?” Available online at: Development: http://www.lchr.org/pubs/descriptions/fair_trial.pdf http://www.oneworld.org/afronet/afronet.htm SOURCE: Huber, Martina. 2002. Monitoring the Rule of Law, ADAPTED FROM HARPER’S MAGAZINE, JULY 1997. The RIGHTS Consortium: Consolidated Framework and Report, The Hague: http://www.rightsconsortium.org/ Netherlands Institute of International Relations. The Asia Foundation: Robinson, Mary. 1998. Opening Speech, Building Justice: http://www.asiafoundation.org/programs/legal-reform.html A Conference on Establishing the Rule of Law in Post- Conflict Situations. Vienna 26-27 June 1998. Shah, Nasim Hasan. 1994. Judgement on the Consti- tution, Rule of Law, and Martial Law in Pakistan. Office of the High Commissioner for Human Rights. Pakistan: OUP 1985. Basic Principles on the Independence of the All Africa Com: http://allafrica.com Judiciary. Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment Centre of Islamic and Middle East Law (CIMEL): of Offenders held at Milan from 26 August to 6 September http://www.soas.ac.uk/Centres/IslamicLaw/ RELIGIOUS FREEDOMS

FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION FREEDOM TO ADOPT AND TO CHANGE ONE’S RELIGION OR BELIEF FREEDOM TO MANIFEST THESE RIGHTS

»Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.«

ARTICLE 18, UNIVERSAL DECLARATION OF HUMAN RIGHTS 158 RELIGIOUS FREEDOMS ILLUSTRATION STORY

Jailed Turkmen Christian Shageldy Atakov, prosecutor appealed against the March 1999 DISCUSSION QUESTIONS: 38, said his farewells to his wife Artygul when verdict as “too lenient.” she was allowed to visit him in the Seydy 1. What do you think are the reasons for Mr. prison labor camp in northeastern At the time of his retrial several months later, Atakov’s treatment? What feelings did you Turkmenistan. Atakov told his wife that he he had been so harshly beaten that he asked have while reading this story? did not expect to survive the brutal physical his children not to touch him, because he was 2. What do you think can be done to prevent treatment he was suffering. in such pain. similar things from happening? Do you know about protection systems that At the time of her visit he was bruised and Atakov’s wife and five children were forcibly already exist? battered, his kidneys and liver hurt and he deported from their home in Mary last 3. Have you heard of similar incidents in was suffering from jaundice. He could barely February into internal exile in Kaakhka, your country? walk and frequently lost consciousness. where they remain under “village arrest.” The secret police orders came after his wife Atakov had been threatened twice by state refused to allow their children to bow before officials to stop him preaching and the president’s portrait in a daily ritual in the » No one by nature is bound unto participating in his church, an unregistered public schools. any particular church or sect, but Evangelical Christian-Baptist congregation, everyone joins himself volun- (This incident was reported to a European before he was arrested at his home on NGO, which aims at promoting democracy, tarily to that society in which he December 18, 1998. the rule of law and the rights of the believes he has found that individual throughout the world. Reporting profession and worship which is After a secret police officer’s warning a month on this case has not yet been continued.) truly acceptable to God. The earlier, a senior Muslim leader came to his hope of salvation, as it was the home with a representative of the local Adapted on the basis of a report from: Hu- man Rights Without Frontiers, available at: only cause of his entrance into religious affairs committee the week before his http://www.hrwf.net/newhrwf/html/turkey that, so it can be the only reason arrest to reiterate that he faced possible “legal 2001.html, October 2002 to stay there...A church, then, is charges” if he persisted. a society of members voluntarily united to that end.« Three months after his arrest, Atakov was JOHN LOCKE, LETTER CONCERNING sentenced to two years in jail. But a TOLERATION, 1689 RELIGIOUS FREEDOMS 159 NEED TO KNOW

1. RELIGIOUS FREEDOMS: interfere with one’s private sphere because A LONG ROAD STILL TO TRAVEL they touch personal convictions and under- Today’s violations of religious freedoms standing of our world. range from the suppression of various beliefs Millions of people believe that there is Faith is one major element for expressing in China, the “ethnic cleansing” of both something above humankind which guides one’s cultural identity, which is why religious Muslims and Christians in Bosnia and us spiritually. For what you believe in you freedoms are such a sensitive topic to address Kosovo, the tensions in Northern Ireland, to may be forced to deny it, to leave your and seem to cause more difficulties than the religious divide of the sub-Saharan family, be persecuted, imprisoned or even other human rights issues. borders from Ethiopia to Nigeria and its killed. Another problem has hindered the regulation religiously motivated killings. It ranges from of religious freedoms in international human the increasing relevance of religion in the In the third century CE Buddhists were rights law. Throughout the world, religion conflicts between India and Pakistan, persecuted in India because they believed in and belief are a key element of politics and between Hindus and Muslims now the teachings of Buddha. Starting from the for politicians. Religious beliefs and freedoms sharpened by nuclear weapons, to the ninth century AD – the “Dark Ages” of are often misused for political demands and upsurge of religious extremism of Islam and, Europe – Muslims and other non-Christian claims to power, often resulting in misleading most recently, the increasing anti-Islamic believers were persecuted “in the name of arguments when religion and politics are feelings in the United States and Europe. God”. Ensuing, the war for the expansion of linked. There are, unfortunately, numerous other the Ottoman Empire and the Islam terrified Adequate protection has become all the more cases to exemplify the urgency of dealing Europe. Jews were locked in ghettos not only pressing in recent years as religious with religious freedoms especially when they by Christians but also by Muslims before intolerance and persecution are at the are linked with extremism. This phenomenon them. The extermination of the Indians of forefront of many tragic conflicts around the has to be addressed separately. Latin America also took place in the course world involving problems of ethnicity, Need to Know. of Christianization. racism, or group hatred. Persecution on In the past and in the present, religious and religious grounds can be seen in current Religious Freedoms and Human Security non-religious people have been threatened conflicts between believers and non The freedom from fear is a key value of for what they do or do not believe in. The believers, between traditional and “new” human security. This key value is immensely ability to believe in something and to religions in multi-religious states, or between threatened by the violation of religious manifest it is known and protected as states with an official or preferred religion freedoms. If you cannot believe in whatever religious freedom and is not only a legal but and individuals or communities not “God” or concept of the universe you like, also a moral issue. Religious beliefs strongly belonging to it. personal freedom and security will remain 160 RELIGIOUS FREEDOMS » No peace among the nations without peace among the reli- gions. No peace among religions with- out dialogue between the reli- out of reach. Threats to the freedom of gions. No dialogue between the These and similar definitions all incorporate thought, conscience, belief and religion religions without investigation of the recognition of the existence of something directly affect both individuals and groups in the foundation of the religions.« Supreme, Holy, Absolute, Transcendent, be it ensuring and developing personal integrity. HANS KÜNG, PRESIDENT OF THE personal or impersonal. The “Supreme/ When discrimination and persecution on FOUNDATION FOR A GLOBAL ETHIC Ultimate” has a normative function, and religious grounds is systematic or believers are expected to follow the teachings institutionalised, it may lead to tensions and rules of conduct of their religion, as the between communities or even international the different definitions, which have been way to this “Absolute”. Believers are also crises. The agents of insecurity can be proposed. expected to express their religious beliefs in everyone – individuals, groups, or even Religion, etymologically, related to the Latin varying forms of worship or cult. Generally, states. This omnipotent and omnipresent religare, refers to “binding”. Religion is that though not always, a church or other menace of personal security on grounds of which binds the believer to some “Absolute”- institution is established to organize the belief or religion needs special protection conceptualized either in personal or group or worship practices. measures. Human rights education and impersonal terms. It normally includes a set learning is a key to the respect of others’ of rites and rituals, rules and regulations that thoughts or religious believes. The learning enable individuals or communities to relate What Is Belief? of respect, tolerance and human dignity their existence to a “God” or “Gods”. Accor- Belief is a broader concept than religion. It cannot be achieved by force. It has to be a ding to Milton J. Yinger, it can be ”a system includes religion but is not limited to its long-term commitment of each and every of beliefs and practices by means of which a traditional meaning. Black’s dictionary actor to build together individual and global group of people struggle with the ultimate legally defined it as a “belief of the truth of a security. problems of life.” proposition, existing subjectively in the mind, By comparison, Black’s Law Dictionary and induced by argument, persuasion, or defines religion as proof addressed to the judgment.” 2. DEFINITION AND DESCRIPTION Contrary to this Eurocentric conception of OF THE ISSUE “A [human’s] relation to Divinity, to belief as an act of reflection, belief means to reverence, worship, obedience, and sub- trust in the Supreme, Holy, Absolute or What Is Religion? mission to mandates and precepts of Transcendent. In international documents, There is no common definition of religion in supernatural or superior beings. In its the term belief has also been adopted to philosophical or sociological debates. How- broadest sense [religion] includes all forms of cover the rights of non-religious persons ever, there are several common elements in belief in the existence of superior beings such as atheists (who believe in no deity), exercising power over human beings by violation, imposing rules of conduct, with future rewards and punishment.” RELIGIOUS FREEDOMS 161

agnostics (who are uncertain about the or belief whether manifested individually or ➢ The Freedoms of Particular Individual existence of a “God”), and rationalists. in community with others. Practices: Beliefs of another character – whether Freedom of conscience is often violated as political, cultural, scientific, or economic – shown by the numbers of “prisoners of Art. 18 of the Universal Declaration of do not fall under this protection but need to conscience” all over the world. Those Human Rights (UDHR) identifies religious be addressed separately. prisoners mostly belong to religious freedoms as “everyone’s” rights which Freedom of Expression and Freedom minorities of the region and are detained for means it protects children and adults, of the Media Module. their religious beliefs. The story of Mr. nationals and aliens, and cannot be Atakov is only one of countless examples. derogated even in times of emergency or Freedom of thought and conscience and the war. The list of individual religious freedoms What Are Religious Freedoms? freedom to choose and change a religion or that is given in Art. 18 of the International In international law, religious freedoms are belief are protected unconditionally. No one Covenant on Civil and Political Rights protected as freedom of thought, conscience can be compelled to reveal his or her (ICCPR) provides a detailed enunciation of and religion. thoughts or be made to adhere to a religion the rights that fall within an internationally These three basic freedoms apply equally to or belief. accepted minimum standard: theistic or religious convictions and involve all beliefs with a transcendental view • The freedom to worship or assemble in towards the universe and a normative code of International Standards connection with a religion or belief, and to behavior. Human rights law avoids the controversy of establish and maintain places for this Freedom of religion and belief in a strict defining religion and belief and contains a purpose; sense includes freedom of and freedom from catalogue of rights to protect freedom of • The freedom to make, acquire, and use to religion and belief, which can be understood thought, conscience, religion and belief. To an adequate extent the necessary articles as the right to and not to accept any religious better understand the complexity of religious and materials related to the rites or norms or attitudes. freedoms, a classification on three levels can customs of a religion or belief; Freedom of thought and conscience is be made: • The freedom to solicit and receive protected the same way as freedom of voluntary financial and other religion and belief. It encompasses freedom 1. The Freedoms of Particular Individual contributions from individuals and of thought on all matters, personal Practices institutions; convictions and the commitment to religion 2. The Freedoms of Collective Practices • The freedom to train, appoint, elect, or 3. The Freedoms of Particular Bodies designate by succession appropriate 162 RELIGIOUS FREEDOMS

leaders called for by the requirements and religion. Such bodies can be houses of Education standards of any religion or belief; worship or educational institutions dealing Parents have the right to decide how to raise • The freedom to observe days of rest and to with religious matters, or even NGOs. their children according to their faith. The celebrate holy days and ceremonies in provision “in the best interest of the child” is accordance with the precepts of one’s Their rights include: intended to limit the freedom of action of religion or belief; parents only where a religious practice can • Religious freedoms at work, including the • The freedom to establish and maintain injure a child’s physical or mental health. right to pray, dress codes and dietary appropriate charitable or humanitarian Such a practice can be the refusal of medical regulations; institutions; treatment or school education. For example, • The freedom to assembly and association • The freedom to write, publish, and the refusal of blood transfusions may lead to for worship and observance; disseminate relevant publications in these the death of children of Jehovah’s Witnesses • The freedom to proclaim one’s belief; areas; whose belief is incompatible with medical • The right to change or reject one’s • The freedom to teach a religion or belief in treatment. religion; suitable places. In the public domain states have the • The right to religious education “in the obligation to provide education which best interest” of the child. protects the child from religious intolerance The Principle of Non-Discrimination and discrimination, and which offers Discrimination and intolerance on religious curricula including the teaching of freedom ➢ The Freedoms of Collective Practices: grounds, which means any distinction, of thought, conscience and religion. Religious rights do not only entitle individu- exclusion, restriction, or preference based on als to enjoy the above mentioned freedoms. religion or belief, is prohibited. The pro- A religion or belief can be and usually is hibition of religious discrimination and DISCUSSION manifested in community and therefore often intolerance is not limited to public life but QUESTIONS in public places. This implies the granting of also concerns the private sphere of indivi- freedom of assembly and association to the duals in which beliefs of religious and other • How is religious instruction handled in community of believers as well. natures are rooted. This means that neither your country? the state, nor your employer or any other • Do school curricula and textbooks in your ➢ The Freedoms of Particular Bodies: individual is allowed to set discriminatory country deal with freedom of religion and Particular bodies based on religious grounds acts against. you. belief, including freedom of non-belief? also enjoy full protection by the freedom of Non-discrimination Module • Are there safeguards in your country for the independence of religious instruction? RELIGIOUS FREEDOMS 163

Manifesting Faith prostitution, subversive activities and other the official religion or of the recognized The freedom to manifest a religious belief practices that threaten human health and faiths. But where only one religion is taken includes protection of the words, teachings, physical integrity. to be constitutive of national identity, it is practice, worship and observance of that questionable if equal treatment of different or belief. You have the right to talk about your minority faiths can be guaranteed. faith, teach it, practice it alone or with others 3. INTERCULTURAL PERSPECTIVES/ According to Western views, a neutral and observe dietary regulations, clothing CONTROVERSIAL ISSUES relationship between religion and state is far requirements, or use a particular language, more likely to guarantee full protection of the and associated rituals of your faith. State and Faith religious freedoms of the individual. By Manifesting your religion or belief also One of the major differences worldwide contrast, traditional Islamic Shariah law, for means being able to avoid acts incompatible regarding the protection of religious freedoms example, links state with faith because this with prescriptions of a faith. Such actions concerns the relationship between states system is regarded as providing better may be the refusal of oaths, military service, and religions or beliefs. There are several protection of religious freedom for the participation in religious ceremonies, con- principal patterns of how states can interact community. It can be argued, however, that fession, or compulsory medical treatment. with faiths: state religions, established where the state is interlinked with a churches, state neutrality towards faiths and particular church or religion, it is unlikely Limits of Religious Freedoms their institutions, no official religion, that the rights of members of religious Whereas it does not matter what you believe separation of church and state, and minorities receive equal protection. in, the manifestation of your belief can reach protection of legally recognized religious limits when the interests of others are groups. interfered with. International standards do not require the DISCUSSION Restrictions on the right to manifest a separation of church or religion from the QUESTIONS religious belief have to be proportionate and state. This means not prescribing any based on law. They can only be imposed particular model of relationship between a • What is the attitude of your country when necessary to protect public safety, state and beliefs, in particular not requiring towards beliefs? order, health or morals, or the fundamental the vision of secular societies, which banish • Does your country recognize institutions rights and freedoms of others. Limitations on religion from public affairs. of different faiths? this freedom are permissible for example in The sole international requirement is that • Do you think it is possible to establish a the case of human sacrifice, self-immolation, any such relationship should not result in system of equality of all faiths while female genital mutilation, slavery, discrimination against those who are not of privileging one? • Do you consider it legitimate to allow confessional or religious political parties? 164 RELIGIOUS FREEDOMS

Apostasy – The Freedom to Choose and DISCUSSION circumstance” has to arise in order to limit Change Faith QUESTIONS proselytizing: the use of money, gifts or The act of apostasy – leaving a religion for privileges in order to make a person convert; another religion or for a secular lifestyle – is Do you think that in practice people can proselytizing at places where people are a still controversial issue despite clear freely choose their beliefs and change them? present by force of law (classrooms, military international standards. Can this eventually lead to a clash with other installations, prisons and the like). A person is an apostate if s/he leaves a human rights? religion and either adopts another religion or Conscientious Objection to Military assumes a secular lifestyle. Historically, Proselytism – The Right to Disseminate Service Islam, Christianity and other religions have Belief The intercultural controversy continues over taken a very dim view of apostates. The You have the right to disseminate your beliefs what is called conscientious objection to penalty was often execution. Today, apostasy and to encourage people to convert from one compulsory military service. One can be in Islam is still severely punished in some faith to another as long as you do not use exempted from military service if the countries where society is based on the coercion or force. This action is called obligation to use lethal force seriously Islamic Shariah laws. In practice, this very proselytizing or evangelizing. conflicts with one’s conscience; and if no often means that there is no freedom to In Central Europe, Eastern Europe and Africa adverse distinction from people of other choose and change one’s religion or belief. conflicts have arisen between local churches beliefs can result. International human rights law clearly and foreign religions promoting missionary A certain trend to acknowledge such a right opposes this view. A person has the right to programs. In certain cases, governments by national legislations can be noted in some choose his/her beliefs freely and without have forbidden such actions. Human rights countries where alternatively community coercion. The debate on this issue is highly law requires that governments protect the service is provided (in Austria, France, emotional and sensitive as it touches deep right to freedom of expression, and that Canada, or the USA for example). On the convictions and different understandings of believers enjoy freedom to engage in non- other hand, however, in other countries there religious freedoms. It illustrates the cultural coercive forms of proselytizing, such as is no such recognition of conscientious differences in the perception of religious and “mere appeals to conscience” or the display objection to military service and people may other freedoms, seeming to divide the “West” of placards or billboards. even be sent to prison for refusing to carry a from the “Rest”. Forcing somebody to convert to another faith weapon. is clearly a violation of human rights, but the question as to what is permissible is still not regulated in international law. A “coercive RELIGIOUS FREEDOMS 165

DISCUSSION QUESTIONS: that are inconsistent with provisions in the discrimination. States have clear duties in Declaration and to make recommendations international law to counter violence and • Are there prisoners of conscience in your on remedial measures, which should be discrimination in matters of belief. NGOs, country? taken by the states. Religiously motivated religious and secular organizations have an • Do you think that there is a need for the persecution and discrimination is found to equally clear role in highlighting violations right to refuse to kill to be explicitly affect individuals as well as communities all by states and others, in defending the recognized in international standards? over the world and all faiths. It ranges from persecuted and promoting tolerance through violations of the principle of non-discrimi- information campaigns, awareness raising, nation and tolerance in religion and belief to educational programs and teaching. 4. IMPLEMENTATION AND attacks on the right to life, physical integrity, MONITORING and human security of person. What Can We Do? Also regional instruments deal with the We can start preventing discrimination and The main problem of implementation of implementation of the freedom of religion: religious persecution by respecting the rights religious freedoms simply is the lack of an The African Commission on Human Rights of others. Religious tolerance regarding faith internationally enforceable instrument. The for example decided in recent cases in the involves respecting followers of other 1981 UN Declaration on the Elimination of All Sudan that the application of the Shariah faiths, whether or not we think that their Forms of Intolerance and of Discrimination law has to be in accordance with inter- belief is true. This culture of tolerance and Based on Religion or Belief has a certain legal national obligations. respect demands that we refuse to discrimi- effect as it may be seen as stating rules of nate, denigrate or vilify the religious other customary international law. But a Prevention Measures and Future and respect the fundamental right to be declaration is not a treaty and is therefore not Strategies different. It also means refusing to discrimi- legally binding. Despite the international Prior to continuing the work on a legally nate against others in employment, accom- agreement on the necessity of a convention binding convention, the 1981 UN Declaration modation and access to social services there is not yet a consensus as to what to on the Elimination of All Forms of Intolerance because they have another faith. Further- focus on. and of Discrimination Based on Religion or more, we need respect to start a change in The Special Rapporteur on Religious Belief has to be better promoted in order to attitudes. There is a need for inter-faith Intolerance has been established in 1986 to develop a culture of multi-religious living dialogue as well as for the believers and non- monitor the implementation of the 1981 together. Emphasis has to be put on the role believers to meet on common ground and Declaration. His/her mandate is mainly to of education as an essential means of learn to articulate respect for each other. identify incidents and government actions combating religious intolerance and 166 RELIGIOUS FREEDOMS GOOD TO KNOW

1. GOOD PRACTICES and conflict prevention through dialogue “Religions for Peace” around the world: Through Education Interfaith Dialogue for Religious Inter-religious education encourages respect Pluralism • In the Middle East, Clergy for Peace brings for people of other faiths and prepares During the last few decades questions of together rabbis, priests, pastors and students to cast aside barriers of prejudice religious and cultural pluralism have reawa- imams in Israel and in the West Bank for and intolerance. kened interest in churches and believers’ common action and to be witness to peace • In Israel, a project called “Common communities. There is a sense of urgency and justice in the region; Values/Different Sources” brought about building positive relationships between • In Southern India, the Council of Grace together Jews, Muslims and Christians to peoples of differing faiths. As interest in brings together Hindus, Christians, study sacred texts together in search of dialogue has grown, so has its actual practice, Muslims, Buddhists, Jains, Zoroastrians, shared values that they could practice in enabling various religious communities to Jews and Sikhs in an attempt to address everyday life, eventually resulting in a understand one another better and to work situations of community conflict book for classroom use; together more closely in education, conflict (Communalism); • In Thailand and Japan, recent Youth resolution and everyday community life. • In the Pacific, Interfaith Search brings Leadership Ethics Camps brought together International NGOs promoting religious together representatives of many religions young representatives of those countries’ dialogue and peace are, amongst many in Fiji seeking to overcome prejudices and religious communities for training others: to promote mutual respect and appre- programs in leadership vision, moral ciation for one another. ethics, and community service, and • The World Council of Churches; • In Europe, the “Project: Interfaith Europe” strengthened reconciliation; • The World Conference on Religion and is the first undertaking of its kind to invite • In Germany, England, and other countries, Peace (WCRP) with its permanent working urban politicians and representatives of educators are analyzing school textbook group on “religion and human rights”; different religions from all over Europe in treatment of religious traditions that are • The World Parliament of Religions; the cities of Graz and Sarajevo. foreign to the books’ intended audiences. • The Global Ethic Foundation; or • The World Fellowship of Inter-Religious Councils (WFIRC). DISCUSSION QUESTION

Alongside, numerous local and regional “In dialogue, conviction and openness are initiatives are furthering conflict resolution held in balance.” How can this be done, individually and in a community? RELIGIOUS FREEDOMS 167

2. TRENDS mainstream religion, whereas a cult is Women and Faith generally regarded as an unorthodox or Throughout history women have been Cults, Sects and New Religious spurious system of religious beliefs, often discriminated against by nearly all faiths. Movements accompanied by unique rituals. And it is only lately that their religious Because both terms are defined by “differing freedoms have been addressed. Women’s Dozens of buildings damaged as Indo- from the norm”, the views of what discrimination in religion is twofold. They nesian mobs attack Islamic sect: JAKARTA, constitutes a sect or cult will be different lack the freedom to manifest their faith, as Dec 24: Mobs have damaged and ransacked among different beliefs. Buddhism and they cannot equally access places of worship, almost two dozen houses and two mosques Hinduism will use it in a neutral way, while nor preach nor lead. In addition they may linked to the Ahmadiyah Islamic sect in the in the Western world “sect” or “cult” is often become victims of certain faiths whenever Indonesian province of West Java, police said used with negative connotations. Those do religious laws, practices and customs today. Jana said an investigation was under not only arise from the difference of these penalize them or even threaten their lives: way but no arrests have been made so far. groups compared to the norm, but also (AFP) (Posted @ 10:00 PST) because they are often associated with • The rate of young girls being mutilated in SOURCE: complete dedication or abuse on financial rural areas of Egypt is 95%. Female genital HTTP://WWW.DAWN.COM/2002/12/24/WELCOME.HTM, JANUARY 2003 grounds. Groups found to be commercial mutilation is a religious and cultural businesses rather than religious groups are tradition in many countries, and is Freedom of religion is not to be interpreted not protected by religious freedoms. A strongly opposed by international human narrowly to mean traditional world religions famous and controversial example is the rights protection standards. Severe health only. New religious movements or religious Church of Scientology, which in some problems may arise subsequently and can minorities are entitled to equal protection. countries is not granted the enjoyment of lead to death. This principle is of particular importance in religious freedoms because of being seen as •Forced marriages often resulting in slavery the light of current actions in which new an enterprise, Germany being the best- are encouraged in parts of Nigeria, the religious movements are a recurring target known example. Sudan, Pakistan, and other areas. A for discrimination or repression. Such new woman’s consent for marriage is not movements are known by several different needed. Sometimes the ”wives” are no terms and need to be examined more closely. DISCUSSION older than nine. The terms “cult” and “sect” are used to refer QUESTIONS •Rape as a specific form of “ethnic clean- to religious groups that differ in their beliefs sing”: the religious affiliation of victims in and practices from mainstream religions. • Are minority beliefs protected in your many cases was the motivation for mass Both expressions are highly ambiguous, but a country and if so, how? rapes in former Yugoslavia, Georgia, the sect generally refers to a dissenting religious • Do they have the same rights/support as Sudan, Rwanda or Chechnya. Forced group, which has branched off from a (the) major belief(s)? pregnancies of raped women ensured that 168 RELIGIOUS FREEDOMS » Just as religion may wrongly be used to justify terrorism, so can ‘anti-terrorism’ actions of govern- ments wrongly be used to justify actions that undermine human they were publicly branded as having been rights and freedom of religion or 3. CHRONOLOGY raped, and thus shamed and dishonored belief«. as well as physically injured. Among the Major steps in the history of the development OSCE – BAKU CONFERENCE ON victims were young girls aged between RELIGIOUS FREEDOM AND COMBATING of religious freedoms seven and fourteen. TERRORISM, OCTOBER 2002 1776 Virginia Bill of Rights, First Religious Extremism and its Impacts Amendment In the aftermath of the 11 September 2001 Recourse to terrorism in the name of faith 1948 Universal Declaration of Human attacks, terrorism seems to instrumentalize does not demonstrate a clash of different Rights (Art. 2, 18) religious belief more than ever. Many cultures based on religious beliefs, as 1948 Convention on the Prevention and conclude that this tragic event only marks the extremism is a global threat not limited to Punishment of the Crime of Genocide tip of the iceberg between the nexus of faith any particular society or faith, but a clash (Art. 2) and terrorism: the hi-jacking of planes, the based on ignorance and intolerance. 1950 European Convention for the bombings of Western embassies in Muslim- The only way to combat every form of Protection of Human Rights and dominated countries, not to mention the extremism effectively is to look for ways to Fundamental Freedoms (Art. 9) “Palestinian question” and various “low- break the vicious circle with violence 1966 International Covenant on Civil and intensity” conflicts around the world, engendering more violence. Political Rights (Art. 18, 20, 24, 26f) mobilize religion for political reasons. 1969 American Convention on Human However, this connection is very dangerous. Rights (Art. 12, 13, 16f, 23) It divides the world into “good” and “bad” DISCUSSION 1981 African Charter on Human and scenarios and brands people because of their QUESTIONS Peoples’ Rights (Art. 2, 8, 12) faith. But not every terrorist or extremist will 1981 UN-Declaration on the Elimination of be religious just as not every believer is a • What are the major reasons for conflict All Forms of Intolerance and of terrorist. When extremist attacks are within and between religious communi- Discrimination Based on Religion or connected with faith, with offenders claiming ties? Can you give examples from your Belief they committed a crime “in the name of own experience? 1990 The Cairo Declaration on Human God”, religion and its freedoms are used and • What do you think is the role of faiths in Rights in Islam (Art. 10) abused to disguise politically motivated acts searching for peace and resolving con- 1992 UN- Declaration on the Rights of or demands. flicts? Think of examples where religions Persons Belonging to Ethnic, Religious have served as agents of reconciliation. and Linguistic Minorities (Art. 2) 1998 Asian Human Rights Charter (Art. 6) RELIGIOUS FREEDOMS 169 SELECTED ACTIVITIES

ACTIVITY I Skills involved: FEEDBACK WORDS THAT WOUND Listening to others, being sensitive and Discussion accepting other opinions • How do participants feel after the activity? PART I: INTRODUCTION Was it difficult to accept that the com- This activity aims at showing the limits of PART III: SPECIFIC INFORMATION ments have hurt others and remain silent? freedom of expression when what we do or ON THE EXERCISE • What limits should be placed on what we say clashes with the religious beliefs and Description of the activity/Instructions can say about our thoughts and beliefs? feelings of others. • Have the participants brainstorm a list of Should we always be able to say whatever hurtful comments and stereotypes related we like? Type of activity: discussion to someone’ s conscience or religious beliefs; ones that they know can cause Methodological hints PART II: GENERAL INFORMATION distress. Choose a few of the worst ones Make sure that you are discreet playing this ON THE EXERCISE and write them down. activity by not weighting the statements. Aims and objectives: • Divide the participants into groups of four • To discover and accept other people’s to six people. Some in each group should Suggestions for Variation religious feelings read the first statement. The group must As a closing activity: a letter to everyone. • To learn about limits of the freedom of simply accept that this is a comment that Write the names of the participants on little expression has hurt somebody. They are not to pieces of paper, make everyone draw one question whether they think the statement piece and write a letter saying kind things to Target group: young adults and adults is hurtful or not. that person – a suitable end to many • Have them discuss why the person hurt activities that evoke controversies and Group size/social organization: 8–25 might feel the way he or she does; emotions. whether people should be allowed to say Time: at least an hour such things regardless of their effects; and what to do about it when it happens. PART IV: FOLLOW-UP Material: flipchart and marker • Repeat for each statement. If the participants continue to work together Preparation: prepare a flipchart and marker it could be a suitable activity to let the group find and establish discussion / communi- cation rules which can be pinned on the wall 170 RELIGIOUS FREEDOMS

giving everybody the chance to refer to them • To learn about different customs/cultures that often happens is that all the whenever they think it is necessary. definitions and examples under Target group: young adults and adults. ‘Tolerance’ end up being ‘passive’ rather Related Rights: freedom of expression The activity can also be used for students of than ‘active’. If this is the case, point it all ages with slight modifications. out.) SOURCES: • Reporting one’s own experiences of UN PUBLISHING.1989. TEACHING HUMAN RIGHTS. PRACTICAL ACTIVITIES FOR PRIMARY AND SECONDARY Group size/social organization: 5–30 intolerance: Ask participants to describe SCHOOLS. CENTRE FOR HUMAN RIGHTS, GENEVA. an incident of intolerance that they might Time: 2–4 hours have witnessed. How could it have been contained or avoided? Do participants ACTIVITY II: MY NEIGHBOUR’S Preparation: prepare a flip chart, flip charts think there is a way to educate people FAITH AND MINE papers and text-markers. towards a tolerant attitude?

PART I: INTRODUCTION Skills involved: social skills: listening to Feedback The principle of non-discrimination and the others analyzing, communicating; critical Notion of tolerance: Comparing the two prohibition of intolerance on religious thinking skills: giving one’s opinion, columns, what can participants observe? grounds is the subject of this activity. reflective thinking; creative skills: creating What does a common definition of tolerance/ It is best working with participants of metaphors, illustrating symbols intolerance have to include? Ask participants different religious beliefs. and note the participants’ common view. PART III: SPECIFIC INFORMATION Then give the first part of the definition of the Type of activity: multitask activity ON THE ACTIVITY UN’s Declaration of Principles on Tolerance: Description of the activity/instructions “[tolerance] is an active attitude and a PART II: GENERAL INFORMATION First part responsibility that upholds human rights, ON THE ACTIVITY • Group activity: Create a table with two pluralism (including cultural pluralism), Aims and objectives: columns. Name one column “Tolerance” democracy and the rule of law.” • To work out and understand the notion of and the other “Intolerance”. Ask tolerance participants to brainstorm examples to Second part • To analyze the facets of religious freedoms write under each. • Organize a multicultural gathering. Ask • To develop imagination and creative • Then ask them to examine and compare each participant/small group of partici- thinking skills the two columns. (Hint: one of the things RELIGIOUS FREEDOMS 171

pants to represent a member of a different Methodological hints for the second part of the activity. The religious or spiritual group. For the second part of the activity make sure presentation can also be done with plasticine • Ask them to illustrate in a painting, that the group is respectful of other or other materials. pantomime, song, cartoon, or small role- participants’ beliefs. For that reason, you play something that would demonstrate should not use this as a “getting-to-know- PART IV: FOLLOW-UP the customs and beliefs of the region. you” activity. Make sure, too, that the After this activity based on experience and • Give participants 20 minutes for presentation of different customs does not creativity, you could continue with some preparation. hurt other believers’ feelings in intellectual input, e.g. some materials on • Ask them to give a presentation about the discriminating them. Introduce this exercise tolerance / intolerance. different customs associated with each of in telling participants that the presentations the religions they are representing. should highlight the worship or rites and not Related Rights/further areas why they are the only “true” or “good” ones. of exploration Feedback Before starting, it is better if all participants Discrimination on other grounds such as • What can participants learn from the agree on a sign (e.g. a piece of red paper like race, color, gender or ethnicity presentations? Do different presentations a traffic light) to stop a presentation which have something in common? might be offensive or simply based on a • Is it easier for participants to tolerate other misunderstanding or erroneous information. SOURCE: ADAPTED FROM UN CYBERSCHOOLBUS, AVAILABLE AT: beliefs/religions after having learned HTTP://WWW0.UN.ORG/CYBERSCHOOLBUS/HUMANRIGH something about them? If despite your instructions participants TS/DECLARATION/18.ASP, • Give a second excerpt of the UN might resent to be discriminated, stop the DECEMBER 2002 Declaration of Principles on Tolerance: presentation and have a discussion on the [Tolerance] commits the member States to motives of the misunderstanding of both “educate caring and responsible citizens sides. open to other cultures, able to appreciate the value of freedom, respectful of human Suggestions for Variation dignity and differences, and able to If you work with children you can use both prevent conflicts or resolve them by non- parts of the activity and leave out the violent means.” definitions laid down in the UN Declaration of Principles on Tolerance. If you work in schools, you can co-operate with art teachers 172 RELIGIOUS FREEDOMS REFERENCES

Amor, Abdelfattah. Report of the Special Rapporteur on Yinger, J. Milton. 1970. The Scientific Study of Religion. Anti-Defamation League (ADL): http://www.adl.org/ Religious Intolerance, U.N. ESCOR 54th Sess., Agenda McMillan, New York. Centre for Religious Freedom -A Division of Freedom Item 18, U.N. Doc. E/CN.4/1998/6. World Council of Churches- Inter-religious Relations & House: http://www.hri.ca/fortherecord1998/documentation/co Dialogue http://www.freedomhouse.org/religion mmission/e-cn4-1998-6.htm http://www.wcc-coe.org/wcc/what/interreligious/index- e.html Council for a Parliament of the World’s Religions: Black’s Law Dictionary, 6th ed. 1990. West Group. http://www.cpwr.org/ World Conference on Religion and Peace (WCRP): Boyle, Kevin and Juliet Sheen. 1997. Freedom of http://www.wcrp.org/ European Court of Human Rights. Case of Kokkinakis Religion and Belief- A World Report. Pointing- Green v.Greece from 25 May, 1993, available online at: Publishing Services, London and New York. International Consultative Conference on School http://hudoc.echr.coe.int/hudoc/ViewRoot.asp?Item=2 Education in Relation with Freedom of Religion and Evans, Malcolm D. and Rachel Murray, eds. 2002. The &Action=Html&X=604114335&Notice=0&N Belief, Tolerance and Non-Discrimination in Madrid, African Charter on Human and Peoples’ Rights. The Sys- oticemode=&RelatedMode=0 November 2001. available online at: tem in Practice, 1986- 2000. Cambridge University Press. http://www.unhchr.ch/html/menu2/7/b/main.htm Global Ethic Foundation: http://www.weltethos.org Krishnaswami, Arcot. Study of Discrimination in the Human Rights Watch: Matter of Religious Rights and Practices, U.N. Doc. http://www.hrw.org/religion/ E/CN.4/Sub.2/200/Rev.1, U.N. Sales No. 60.XIV.2 ADDITIONAL INFORMATION (1960), reprinted in 11 N.Y.U.J. Int’l. L. & Pol. 227 (1978) Human Rights without Frontiers: Publication, Sales No. 60.XIV.2. Afhkami, Mahnaz. ed. 1995. Faith and Freedom: http://www.hrwf.net/newhrwf/ Womens’ Human Rights in the Muslim World. (Gender, General Comment on Art 18 of the ICCPR by the International Association for Religious Freedom: Culture and Politics in the Middle East). Syracuse Human Rights Committee, CRP.2/Rev.1.20 July, 1993. http://www.iarf-religiousfreedom.net/ University Press, Syracuse. Küng, Hans, and Karl-Josef Kuschel, eds. 1993. A International Journal of Philosophy of Religion, Diouf, Sylviane A. 1998. Servants of Allah: African Global Ethic. The Declaration of the Parliament of World’s Department of Philosophy, University of South Carolina: Muslims Enslaved in the Americas. New York University Religions. Continuum, London. USA. Press, New York. http://www.kluweronline.com/issn/0020-7047/contents Marshall, Paul. 2000. Religious Freedom in the World: A Gahrana, Kanan. 2001. Right to Freedom of Religion: A Global Report of Freedom and Persecution. Broadman Journal of Religion and Society, Center for the Study of Study in Indian Secularism. International Academic &Holman, Nashville, Tenn. Lerner, Natan, 2000. Religion, Religion & Society, Creighton University, Publishing. Beliefs, and International Human Rights. Orbis Books, http://www.creighton.edu/JRS New York. Lipton, Edward P and Bob P. Temple, eds. 2002. Marburg Journal of Religion, available online at: Religious Freedom in the Near East, Northern Africa and Odio Benito, Elisabeth. Study of the Current Dimensions http:// www.uni-marburg.de/religionswissenschaft/ the Former Soviet States. Nova Science Publishers. of the Problem of Intolerance and Discrimination Based journal/mjr on Religion and Belief, U.N. ESCOR 39th Sess., Agenda Surush, Abd Al- Karim et al. 2000. Reason, Freedom Ontario Consultants on Religious Freedoms Item 13, U.N. Doc. E/CN.4/Sub.2/1987/26. and Democracy in Islam: Essential Writings of http://www.religioustolerance.org Abdolkarim Souroush. Oxford University Press. Witte, John J. Jr., and Johan van der Vyver. Eds. 1996. Soka Gakkai International (SGI) Worldwide Buddhist Religious Human Rights in Global Perspective: Legal Annual (United States) Department Report on Association: http://www.sgi.org./ Perspectives. Martinus Nijhoff Publishers, Dordrecht/ International Religious Freedom: London/Boston. http://www.uscirf.gov/dos01Pages/irf_exec.php3?mode Special Rapporteur of the Commission on Human =print Rights on Freedom of Religion or Belief: http://www.unhchr.ch/html/menu2/7/b/mrei.htm RIGHT TO EDUCATION

AVAILABILITY AND ACCESS TO EDUCATION EMPOWERMENT THROUGH TO EDUCATION

»... Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms …«

ARTICLE 26(2), UNIVERSAL DECLARATION OF HUMAN RIGHTS 174 EDUCATION ILLUSTRATION STORY

THE STORY OF MAYA DISCUSSION QUESTIONS Do you think that the right to education is “My name is Maya. I was born 14 years ago currently a priority for the international in a poor peasant family. There were already What are the main problems illustrated in community? many children, so when I was born no one this case? Do you feel sympathy for Maya was happy. and, in addition, do you think that there is Whose responsibility is it to eliminate When I was still very little, I learned to help any way for her to lift herself out of poverty ignorance and illiteracy? my mother and elder sisters with the domestic and to find access to education? If so, what? chores. I swept floors, washed clothes and What measures could be taken to eliminate carried water and firewood. Some of my Can you think of reasons why such a large illiteracy? friends played outside, but I could not join percentage of illiterate people are women? them. Is education important for the enjoyment of I was very happy when I was allowed to go to Do you think that there are different kinds of other human rights? If so, why? school. I made new friends there, and learned knowledge? If so, what knowledge is to read and write. But when I reached the important? What kind loses relevance? Do you think that education can contribute fourth grade, my parents stopped my to human security? If so, how? education. My father said there was no money to pay the fees. Also, I was needed at home to help my mother and the others. If I were given the choice to be born again, I would prefer to be a boy.”

SOURCE: THE MILLENNIUM REPORT, UN. 2000.

» Live as if you would die to- morrow. Learn as if you would live forever« (ANONYMOUS) AUTHOR: ISAAC AUTHOR: EDUCATION 175 NEED TO KNOW

1. INTRODUCTION The same holds true for the right to take part Education is more than just learning how to in cultural life. For ethnic and linguistic read, write or calculate. The Latin origin of Why a human right to education? minorities, the right to education is an the word itself is “to lead somebody out.” A Nearly a billion people entered the 21st essential means to preserve and strengthen person’s right to education incorporates century unable to read a book or sign their their cultural identity. opportunities and access to primary, names. This figure represents 1/6 of the Education can also promote (although does secondary, and tertiary education. While world’s population, or the entire population not guarantee) understanding, tolerance, acknowledging a broader conception of the of India, and it is increasing. respect and friendship among nations, ethnic right to education, this module focuses on The human right to education can be or religious groups and can help creating a primary, or basic education, as vast numbers characterized as an “empowerment right”. universal human rights culture. of people are denied even the foundations of Such a right provides the individual with a lifelong learning journey. more control over the course of his or her Education and Human Security The human right to education as prescribed life, and in particular, control over the effect The denial as well as the violations of the in the International Bill of Human Rights of of the state’s actions on the individual. In right to education damage people’s capacity the United Nations refers to free education in other words, exercising an empowerment to develop their own personalities, to sustain the “elementary and fundamental” stages. right enables a person to experience the and protect themselves and their families and States, however, interpret this requirement to benefits of other rights. to take part adequately in social, political and varying extents. The enjoyment of many civil and political economic life. On a society-wide scale, the Most of the states comply with the obligation rights, such as the freedom of information, denial of education harms the cause of to provide free “elementary and the freedom of expression, the right to vote democracy and social progress, and by fundamental” education to primary and to be elected and many others, depends extension international peace and human schooling (the first stage of formal on at least a minimum level of education. security. The right to know one’s human schooling). In Europe, North America, Similarly, a number of economic, social and rights through human rights education and Australia and some parts of South Asia, cultural rights such as the right to choose learning can make a vital contribution to “elementary” education extends to full work, to receive equal pay for equal work, to human security. Through education and secondary education; however, at least 22 enjoy the benefits of scientific and learning about human rights and countries worldwide have no specific age for technological progress and to receive higher humanitarian law, violations of human rights compulsory education at all. education on the basis of capacity, can only and armed conflicts can be prevented or be exercised in a meaningful way after a regulated and societal reconstruction after minimum level of education has been conflicts facilitated. achieved. 176 EDUCATION

Historical Development teaching against church and state inter- South Korea, Morocco and Japan have Prior to the age of enlightenment in Europe, ference. recognised the right in both their constitution education was primarily the responsibility of During the latter half of the 19th century the and ordinary legislation. parents and the church. Education started to explicit recognition of educational rights No right to education is mentioned in the be considered a matter of public concern and emerged. The 1871 Constitution of the United States Constitution. US Courts at both state responsibility only with the emergence German Empire contained a section entitled - the federal and state level - have developed of the modern secular state. At the beginning “Basic Rights of the German People”, similarly certain educational entitlements, particularly of the 16th and 17th century, the eminent the German Weimar Constitution of 1919 relating to equality of educational oppor- philosophers John Locke and Jean Jacques included a section on “Education and tunity. Rousseau alluded in their writings to the Schooling” which explicitly recognised the modern conception of the individual right to duty of the state to guarantee education by education. means of free and compulsory school 2. DEFINITION AND DESCRIPTION By contrast, classical civil instruments such attendance. OF THE ISSUE as the British Bill of Rights of 1689, the The conclusion of various treaties after the Virginia Declaration of Rights of 1776, the First World War and the proclamation of the Content of the Right to American Declaration of Independence of Declaration of Geneva in 1924 led to an Education and State 1776 or the French Declaration of the Rights international recognition of the right to Obligations of Man did not contain any rights specifically education. The right to education has a solid basis in the related to the right to education. During the 20th century aspects of the right international law on human rights. It has In the 19th century, the emergence of to education were enshrined in national been laid down in several universal and socialism and liberalism placed education constitutions and international bills of rights regional human rights documents. Examples more firmly in the realm of human rights. or recognised in non-constitutional or are the Universal Declaration on Human The writings of Marx and Engels perceived ordinary pieces of domestic legislation. The Rights (Article 26), the International the state as a paternal and beneficial right to education has been explicitly Covenant on Economic, Social and Cultural institution. 19th century liberal and anti- mentioned in the constitutions of some fifty- Rights (Articles 13 and 14) the Convention clerical thoughts also influenced the two countries, for example Nicaragua, on the Elimination of All Forms of definition of the educational rights which Cyprus, Spain, Vietnam, Ireland, Egypt, Discrimination against Women (Article 10) were formulated to defend and advance the Japan, Paraguay and Poland. and the Convention on the Rights of the ideas of freedom of science, research and England and Peru have recognised the right Child (Articles 28 and 29). On the regional to education in non-constitutional legislation, level there is the European Convention on » … education shall be directed to EDUCATION the full development of the 177 human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that Human Rights and Fundamental Freedoms education shall enable all progressive implementation, within a (Article 2 of the First Protocol), the American persons to participate effectively reasonable number of years ... of the principle Convention on Human Rights (Article 13 of in a free society, promote of compulsory education free of charge for the Additional Protocol to the American understanding, tolerance and all.” Convention on Human Rights in the area of friendship among all nations, economic, social and cultural rights) and the and all racial, ethnic or religious Standards to be achieved: African Charter on Human and Peoples’ groups, and further the activities • Free and compulsory primary education; Rights (Article 17). of the United Nations for the • Available secondary education that is maintenance of peace.« accessible to all; The fundamental right to education entitles ART. 13(1) ICCPR • Accessible higher education to all on the all individuals to certain forms of behaviour basis of capacity; by their respective governments. States have • Fundamental education intensified for the obligation to respect, to protect and to of individual rights and freedoms by third those not having completed primary fulfil the right to education. persons. States should ensure that private education; The obligation to respect prohibits the state schools do not apply discriminatory practices • Elimination of illiteracy and ignorance itself from acting in contravention of to or inflict corporal punishment on pupils. through means of international co- recognised rights and freedoms, interfering The obligation to fulfil in the ICESCR can be operation taking into account particularly with or constraining the exercise of such characterized as an obligation to the the needs of developing countries. rights and freedoms. States must, inter alia, progressive realization of the right. respect the liberty of parents to choose Obligations of conduct and obligation of This means that the improvement of access private or public schools for their children result can be distinguished. to education for all on the basis of the and to ensure the religious and moral The obligation of conduct refers to a certain principle of equality and non-discrimination education of their children in conformity action or measure that a state should adopt. and the freedom to choose the kind of school with their own convictions. The need to The best example for this is Article 14 of the and content, represent the spirit and cardinal educate boys and girls equally should be International Covenant on Economic, Social essence of the right to education. respected, as for all religious, ethnic and and Cultural Rights (ICESCR) according to The General Comment 13 of the Committee linguistic groups. which new state parties that have not yet under the International Covenant on The obligation to protect requires states to secured free and compulsory primary Economic, Social and Cultural Rights take steps through legislation or by other education have an obligation “to work out (ICESCR) identifies four elements of the means to prevent and prohibit the violation and adopt a detailed plan of action for the state’s obligations with respect to the right to 178 EDUCATION

education. These are: availability, accessibili- Acceptability ty, acceptability and adaptability. » Educating a woman is educating The Special Rapporteur on the Right to a family, a community, a Education, Katarina Tomasevsky, has stated nation.« in one of her reports that “the State is obliged Availability AFRICAN PROVERB to ensure that all schools conform to the The duty to provide compulsory and free minimum criteria which it has developed as primary education is undoubtedly a well as ascertaining that education is prerequisite for realizing the right to Accessibility acceptable both to parents and to children.” education. At a minimum, governments are obliged to This element involves the right to choose the To ensure that primary schools are available ensure the enjoyment of the right to type of education received, and the right to for all children requires considerable political education through guaranteeing access to establish, maintain, manage and control and financial commitments. While the state existing educational institutions by all, girls private educational establishments. Pupils is not the only education provider, inter- and boys, women and men alike, on the basis and parents have a right to be free from national human rights law obliges it to be the of equality and non-discrimination. indoctrination and as such, mandatory study provider of last resort so as to ensure that The affirmative obligation to ensure equal of materials that are incompatible with a primary schools are available for all school- access to educational institutions pupil’s religious or other beliefs may violate age children. If the intake capacity of primary encompasses both physical and constructive the right to education. schools is below the number of primary access. Physical access to institutions is The issue of the language of instruction has school-aged children, then a state’s legal especially important for the elderly and spawned controversies. There is no general obligation as regards compulsory education disabled. Constructive access means that international human right to learn one’s is not being translated into practice, and exclusionary barriers should be removed, for mother tongue at school when belonging to a access to education will remain a need to be example by the elimination of stereotyped linguistic minority of a country. Art.27 ICCPR realized as a right. concepts of the role of men and women from only states that the practice of a language The provision of secondary and tertiary textbooks and educational structures, as shall not be denied but remains silent on the education is also an important element of the provided by the Article 10 of the Convention issue of instruction in the mother tongue. In right to education. The requirements of on the Elimination of All Forms of its Framework Convention for the Protection “progressive introduction of free education” Discrimination against Women (CEDAW). of National Minorities, the Council of Europe does not mean that a state can absolve itself has recognized the right to learn one’s from its obligations. mother tongue but has not recognized explicitly the right to receive instruction in EDUCATION 179

the mother tongue. The European Charter for pursuing these obligations and commitments enrollment, with the girls´ rate about 30 % Regional or Minority Languages has gone a is not a solely state concern. It is also the task less than that of boys’). step further in promoting the right to of civil society to promote and assist the full education in the mother tongue as an option implementation of the right to education. Effectiveness: In the region, one third of the for those states which have signed and children enrolled in primary school drop-out ratified the Charter, the goal being before reaching grade five. bilingualism of minorities, recognized by the 3. INTERCULTURAL PERSPECTIVES state. However, there are minorities which AND CONTROVERSIAL ISSUES Constraints: Armed conflicts and economic are not protected this way and do not even pressures from debt and structural have the right to learn their mother tongue at Today, examination of state reports and adjustment policies have taken a severe toll school, such as the Roma in Europe or the reliable cross-temporal indicators are the on education. The region includes over 30 Aborigines in Australia. most effective methods of keeping an eye on heavily indebted countries, and governments the issue. These indicators show us the spend as much on debt repayment as on Adaptability disparities in the implementation of the right health and basic education combined. Normally, what a child learns in school to education in various regions in the world. should be determined by his or her future Progress and innovations: Among countries needs as an adult. This means that the achieving primary enrollment rates of 90 % educational system should remain adaptable, SUB-SAHARAN AFRICA or more are: Botswana, Cape Verde, Malawi, taking into account the best interests of the Enrollment: From only 25 % in 1960, the Mauritius, South Africa and Zimbabwe. child, as well as the social development and regional primary enrollment rate climbed to advancement both nationally and inter- nearly 60 % by 1980. After declining in the LATIN AMERICA AND nationally. 1980s, enrollment is again close to 60 %. THE CARIBEAN Over 40 million primary age children are not Enrollment: Access to primary education is The responsibility to provide education to in school. virtually universal, with enrollment over help fulfil the right to security has to be 90%. central to the understanding of the demands Gender: The gap has narrowed considerably, of human security. Governments have an with girls’ primary attendance rate now 57 % Gender: Although discrimination against obligation to ensure that the human right to and boys’ 61 % (However, Benin as an girls and women is a problem in the region, education is respected, protected and example has the greatest disparity in primary girls’ primary enrollment has been on a par fulfilled. However, the responsibility for with boys´ for decades. 180 EDUCATION

Effectiveness: High primary school drop-out Constraints: Real public spending on Constraints: Not surprisingly, poverty and grade repetition rates are a serious education has fallen in many countries, by appears to lead to lower academic achieve- problem. one third in the Russian Federation and by ment and higher drop-out rates. three quarters or more in Azerbaijan, Constraints: The region has the greatest Bulgaria, Georgia and Kyrgyzstan. Many Progress and innovations: Over three disparities between rich and poor, and school buildings are in need of repair and quarters of young children in Western Europe indigenous and impoverished populations heating is a problem in several countries. are in pre-primary education programs. face difficulties in gaining access to quality education. Progress and innovations: Educational SOURCE: UNICEF, 1999. reforms are on several countries´ agendas. Progress and innovations: The primary school enrollment rate has increased from Despite the remarkable progress in efforts to under 60 % in 1969 to 90 %. INDUSTRIALIZED enable children to fully enjoy their right to COUNTRIES education, there is still a great deal of work CENTRAL AND EASTERN Enrollment: Primary enrollment in the to be done in order to achieve the objectives. EUROPE, THE COMMON- industrialized countries stands at close to There are still many unresolved issues of WEALTH OF 100%. discrimination, inequality, neglect and INDEPENDENT STATES exploitation affecting girls, women and AND BALTIC STATES Gender: There is parity in boys´ and girls´ minorities. Societies must therefore intensify Enrollment: Universal access to free basic enrollment rates at the primary and efforts to address the social and cultural education was attained by the early 1980’s. secondary levels. practices that still prevent these groups from fully enjoying their rights and thus contribute Gender: There is parity between boys´ and Effectiveness: In the 1960’s, just over half of directly to their insecurity. girls´ primary enrollment and completion people in the industrialized countries rates. completed upper secondary school. By the 1980’s, the proportion had risen to two thirds 4. IMPLEMENTATION AND Effectiveness: Though available primary and has continued to increase. However, an MONITORING school completion rates are virtually all average of more than 15 % of adults in 12 above 90 %, nearly one third of the countries industrialized countries are functionally Since its inception in 1945, the United in the region have no completion data. illiterate; in Ireland, the United Kingdom and Nations has recognized the necessity of the United States, the rates are over 20 %. EDUCATION » The effective application of the 181 child’s right to education is primarily a question of will. Only the political will of govern- ments and of the international community will be able to “international co-operation in solving promote this essential right to a collected emphasizing a highly contrasted international problems of economic, social, point which will contribute to the situation from one country to another, with cultural or humanitarian character.” fulfilment of every individual some countries having made remarkable International co-operation, through the and to the progress of every progress while others were experiencing transfer of information, knowledge and society.« growing difficulties in various areas of technology, is essential to the effective AMADOU-MAHTAR M`BOW, FORMER education. The breakthrough outcome of the UNESCO DIRECTOR-GENERAL realization of the right to education, forum had been the adoption of the Dakar especially for children in the less developed Framework for Action. Trends. countries. It has been observed that the right Strong institutional support for the full to education is an economic necessity upon depends on political commitment and implementation of the right to education is which the development of these countries political will backed by appropriate and required. UNESCO itself plays a leading role depends. The provision of education should supportive fiscal, economic, trade, labour, in this regard as education is its foremost be considered by all states as a long-term, employment and health policies. An UNICEF field of action and its speciality. UNESCO has high-priority investment because it develops study covering nine countries identified six been instrumental for initiating educational individual human resources as an asset in the broad themes for achieving better results in reforms and promoting the full process of national development. ensuring the right to universal primary implementation of the right to education, as International financial institutions like the education. These are: political and financial evidenced by the extensive corpus of World Bank and the International Monetary commitment, the central role of the public standard-setting instruments, various Found (IMF) stress the importance of sector, equity in the public sector, reducing documents, reports as well as the numerous education regarded as an investment in the cost of education in households, and forums, meetings, working groups and human capital development. However, pre- integration of education reforms into wider activities of co-ordination and collaboration cisely these institutions force governments to human development strategies. with states, international inter-governmental cut public expenditures, including those The World Education Forum, held in Dakar organisations and NGOs. UNESCO is thus the relating to education, as a result of stringent from 26 to 28 April 2000, was the largest leading agency for international co-operation conditions attached to their Structural evaluation ever undertaken in the field of in the field of education. Adjustment Programmes. education. Altogether, 164 countries were represented, besides 150 civil society groups, UNESCO has developed a set of mechanisms The 1990 World Conference on Education including NGOs. The preparations for the designed to permit the more effective for All held in Thailand declared that the forum had been particularly thorough. A application of provisions adopted and to effective provision of basic education for all considerable mass of information had been ensure the better fulfilment of obligations 182 EDUCATION

Education is not a way of escaping the country’s poverty. undertaken with regard to the right to It is a way to fighting it. methods used to implement them are absent education. The periodic reports that states JULIUS NYERERE or defective. are asked to submit have the effect of Social, economic and cultural rights often informing of the measures they have taken require substantial amounts of capital domestically to fulfil their obligations under The fuller realisation of the right to education expenditure progressively over time for their the conventions to which they are parties. can be achieved by improvements in the effective implementation. Indeed, in the State parties to the Convention against reporting and monitoring processes and a experience of many countries, education Discrimination in Education, must give greater resolve on the part of states to fulfil constitutes one of the leading governmental information in their periodic reports to the their reporting obligations under the expenditure items. UNESCO General Conference on the relevant international instruments conscien- legislative and administrative provisions tiously and in good faith. As with other Often, the main obstacle hindering a child’s which they have adopted and other actions economic, social and cultural rights, the exercise of the right to education in which they have undertaken for the monitoring of the implementation of the right developing countries is poverty. application of the Convention. In order to to education on a progressive basis will Freedom from Poverty Module. The problem ensure smooth operations, UNESCO has set benefit from the adoption and use of reliable is not so much that children do not have up subsidiary bodies responsible for indicators, the use of cross-national schools to attend. In fact, over 90 % of the examining the reports of the member states, comparisons and country rankings. In the developing world’s children start primary such as the Committee on Conventions and educational sector, reliable cross-temporal schooling. The real problem is the very high Recommendations. indicators include literacy rates, enrollment rates in terms of students dropping out of The Committee on Economic, ratios, completion and drop-out rates, pupil- school or repeating their school year. Social and Cultural Rights, as teacher ratios, and public expenditure on The lack of funds prevents the authorities a supervisory body, is respon- education as a percentage of total public from building and maintaining schools, sible for monitoring the implementation of expenditure or in comparison with other operating teacher training colleges, recruiting the International Covenant on Economic, sectors such as the armed forces. competent teaching and administrative staff, Social and Cultural Rights in the state parties. providing teaching materials and other It examines the national reports submitted Problems of Implementation supplies, and providing adequate transpor- regularly by these states and maintains a As one commentator has aptly observed, it is tation systems for the students. All of these dialogue with them in order to ensure the not enough to proclaim lofty principles if directly depend upon the economic resources most effective implementation of the rights they are to remain dead letters because the at the state’s disposal. Poverty makes it enshrined in the International Covenant. difficult for families either to pay school fees EDUCATION 183

» Education is a better safeguard of liberty than a standing army.« and the cost of books and school materials, International and internal armed conflicts, or when schooling is free, to send a child to EDWARD EVERETT Human Rights in Armed Conflict school when his or her work contributes to Module, and civil strife can disrupt normal the meagre family budget. A study conducted patterns of life. Regular schooling for by the “Save the Children Fund” revealed that students may be impossible when schools as a result of their debt burden, African states Poverty and child labour are a notable are located near the regions of conflict. have been forced in some cases to impose or obstacle for the education of girls in Despite being protected under international increase school fees, raising the cost of particular. Human Rights of Women humanitarian law, schools are often objects education to families. As a result, millions of Module. Many girls have to assume heavy of attack. children have either never attended school or workloads at a rather early age in order to failed to complete their basic education. survive. Not only that they are expected to Countries in conflict during the 1990s: Another factor is the widespread use in many respond to family needs and take over Algeria, Burundi, Congo, The Ivory Coast, countries of child labour. Work Mo- laborious chores, but also they are faced with Ethiopia, ex-Yugoslavia, Gambia, Guinea- dule. Unfortunately, many families need this social expectations regarding early Bissau, Haiti, Lesotho, Nigeria, Pakistan, supplementary income to be able to make motherhood and old-fashioned attitudes. Rwanda, Sierra Leone, Somalia, etc. ends meet. A lack of economic resources as These traditional views concerning girls well as poverty can also prevent children education, though near-sighted and one- from participating in and benefiting from sided, still prevail and finally result in a lack DID YOU KNOW THAT: their educational opportunities. Poverty pro- of motivation of parents to send girls to duces hunger and malnutrition which can schools. Certain groups of girls – such as girls The achievement of universal primary irreversibly damage the child’s developing from indigenous or nomadic communities, education within a decade in all developing brain. ethnic minorities and abandoned as well as countries would cost $ 7–8 billion annually disabled girls – face particular disadvantages. which represents: about seven days´ worth of The average pupil in Zambia walks seven It is therefore a rising international concern global military spending, seven days´ worth kilometres every morning in order to get to to provide for the equal access to education of currency speculations in international school, has not eaten, is tired, for girls and thus enable them to fulfil their markets, less than half of what North undernourished and suffers from intestinal human potential. American parents spend on toys for their worms. He or she sits in class with children each year. approximately 50 other pupils who are in a similar condition. Their receptivity is minimal. The acoustics is bad, there is no chalk and there are too few notepads. 184 EDUCATION GOOD TO KNOW

GOOD PRACTICES Rights of the Child and has promoted the • The decennial development program on establishment of juvenile courts in all education (PRODEC) is a program with the • In Egypt, the government is integrating main cities. fundamental objective on achieving a 75 the successful concept of girl-friendly • In Mashan County in China, villages and % primary school enrollment in Mali by community schools into the formal edu- households that take effective measures to the year 2008. cation system and has launched a send girls to school are awarded priority The educational development centres comprehensive package of reforms aimed for loans or development funds. (CED) are educational establishments in at generating healthy and health- • The People’s Democratic Republic of Laos Mali, which are attended by 15 year old promoting schools. is successfully implementing a gender children who could not otherwise benefit • Malawi has cut the cost of schooling for inclusive design which assures the access from school. They are taught the parents by eliminating school fees and to quality primary education for girls in rudiments of their language as well as a abolishing compulsory uniforms. minority areas. The long-term objective is profession. Every class has 30 students – • The Busti Program in Pakistan which is a to bring more women into the mainstream 15 boys and 15 girls. collaboration between a Karachi-based of socio-economic development by NGO and UNICEF aims to provide basic progressively improving their educational • UNESCO’S action in education is built up education to children who can then be level. around three strategic objectives: admitted to formal schools. The age group • In Mumbay (formerly Bombay) in India – Promoting education as a fundamental covered is the five to ten year olds; about the Pratham Mumbay Education Initiative, right; three quarters of the pupils are girls. The a partnership among educators, commu- – Improving the quality of education; initiative has succeeded in reversing the nity groups, corporate sponsors and – Promoting experimentation, innovation normal gender bias partly by providing government officials, has set up 1600 and the diffusion and sharing of infor- education in homes. It has set up more schools and helped modernize over 1200 mation and best practices as well as policy than 200 home schools, enrolling over primary schools. dialogue in education. 6000 students, at per-unit costs of $ 6, far • In Afghanistan, where girls were excluded lower than the average cost in state-run from the official education system, The Commission on Human Rights estab- elementary schools. UNICEF took the bold step of supporting lished a Special Rapporteur on the Right to • Mauritania has adopted legislation to home schools for girls and boys, beginning Education in 1997 with the mandate to report prohibit early marriages, made basic in 1999, by the end of 2001 home schools worldwide on the status of the progressive education compulsory and raised the were teaching 58.000 children. realization of the right to education, minimum age for child labour to 16. It has • The CHILD project in Thailand which including access to primary education as well founded a Council for Children to promote started with donations of second-hand as the difficulties encountered in the implementation of the Convention of the computers, monitors the connections implementation of this right. between children learning and health. EDUCATION 185

2. TRENDS 5. Eliminating gender disparities in primary and secondary education by 2005, and The Dakar Framework for achieving gender equality in education by Action – Education for All 2015, with a focus on ensuring girls´ full adopted at the World Education and equal access to basic education of Forum, (Dakar, Senegal, 26 to 28 good quality; April 2000) expresses the 6. Improving all aspects of the quality of commitment of the entire international education and ensuring excellence of all community to the full realization of the right so that recognized and measurable to education. The Dakar Framework for learning outcomes are achieved by all, Action sets out six goals for achieving basic especially in literacy and essential life education for all by 2015: skills.

1. Expanding and improving comprehensive The achievement of universal primary early childhood care and education, education by 2015 released at the Millen- especially for the most vulnerable and nium Summit in September 2000 is one of disadvantaged children; the millennium development goals. 2. Ensuring that by 2015 all children, particularly girls, children in difficult circumstances and those belonging to ethnic minorities, have access to and Current Situation with Regard to the Benin with a Gross Domestic Product (GDP) complete free and compulsory primary Achievement of Universal Primary per capita of only US $ 990,– is on track to education of good quality; Education: put all of its primary school age children in 3. Ensuring that the learning needs of all 51 countries, with 40 per cent of the world’s school by 2015 whereas Qatar, with nearly 20 young people and adults are met through population, are on track to achieving universal times the income, is falling far behind. equitable access to appropriate learning primary education by 2015 or have done so and life skills programmes; already. But 24 countries are slipping back or The income per capita in Egypt is less than a 4. Achieving a 50 per cent improvement in far behind on the target – and 93 countries, third of that in Hungary, but whereas Egypt levels of adult literacy by 2015, especially with nearly 40 per cent of the world’s is on track to achieving universal primary for women, and equitable access to basic population, do not have data to enable a enrollment, Hungary is now slipping behind. and continuing education for all adults; judgement. Globally, one in every six children of primary school age is not in school. SOURCE: HUMAN DEVELOPMENT REPORT 2002, UNDP. 186 EDUCATION

3. CHRONOLOGY

– Total primary enrollment in developing 1948: In the Universal Declaration of Human 1993: The E-9 Education Summit in New countries grew from 50 % in 1970 to 80 % Rights education is declared a basic Delhi, India. Representatives of the in 1990 and to 84 % in 1998. Literacy rates right of every human being. governments of the nine most in developing countries also grew from 1959: The Declaration of the Rights of the populous nations in the developing 43% in 1970 to 65 % in 1990 and to more Child is adopted by the UN General world (Bangladesh, Brazil, China, than 70 % in 1995. However, in contrast to Assembly. Education is declared the Egypt, India, Indonesia, Mexico, this picture, some evidence to the contrary right of every child. Nigeria and Pakistan) pledge to can be seen in the stagnation of 1960–1966 UNESCO’s World Regional Con- achieve the goal of universal primary enrollment in some other countries. ferences on Education. education by the year 2000. – Of the world’s estimated 854 million 1969 The International Convention on the 1994: The World Conference on Special illiterate adults, 544 million are women. Elimination of All Forms of Racial Dis- Needs Education: Access and Equality – 60% of children not in primary school crimination enters into force, proclai- in Salamanca. Participants declare worldwide are girls. ming the right of all to education, that all countries should incorporate – Girls’ enrollment in primary schools has regardless of race or ethnicity. special needs education into their been improving as it has been for boys. 1976: The International Covenant on Econo- domestic education strategy. There is a concern, however, that the gap mic, Social and Cultural Rights enters 1994: The International Conference on is growing. into force, guaranteeing the right to Population and Development. Partici- 113 million children of primary school age education for all. pating states commit themselves to are being denied their right to education. 1981: The Convention on the Elimination of promote and attain universal and 97% of them are in developing countries. All Forms of Discrimination against equitable access to quality education – 93 countries, with 39 % of the world’s Women enters into force, calling for to help eradicate poverty, promote population, do not have data on primary equal rights in education. employment and foster social inte- enrollment. 1985: The Third World Conference on Wo- gration, with a particular emphasis on men. Education is declared the basis girls’ education. for improving the status of women. 1996: The Amman Affirmation at the Mid- 1990: The World Declaration on Education decade meeting of the International for All in Jomtien, Thailand. The Consultative Forum on Education for conference, co-sponsored by UNDP, All. UNESCO, UNICEF, the World Bank 2000: The Dakar Framework for Action and later UNFPA, presented a global adopted at the World Education consensus on an expanded vision of Forum in Senegal. basic education. EDUCATION 187 SELECTED ACTIVITIES

ACTIVITY I: Skills involved: acting and linguistic skills, Performance of the role play ACT IT OUT! empathetic skills, creative skills • Form a circle, making sure that there is enough space for the performance in the PART I: INTRODUCTION PART III: SPECIFIC INFORMATION middle of it. This activity aims to deepen the under- ON THE ROLE PLAY • Let each group act out their little “drama.” standing of the issues presented in the Introduction of the topic • Organisation hints: module on the right to education. • Explain that the purpose of the exercise is ° Call out “Freeze” during a moment of to come up with a dramatic representation intense action and ask actors to describe Type of activity: role play of the content of the education module. their emotions at that moment or invite • Ask people to get into small groups (4-6) the others to analyse what is happening. PART II: GENERAL INFORMATION and give each group a large sheet of paper ° Without warning, stop the action, ask ON THE ROLE PLAY and markers. actors to exchange roles and continue the Aims and objectives • Give the groups ten minutes first to action from that point The role play technique can enhance brainstorm all their ideas about the ° Have someone stand behind each actor. learning. Its purpose is to make participants module and then to identify two or three Halt the action midway and ask the experience an unfamiliar situation and to key ideas that they would like to bring out “shadow” what they think their character develop empathy and appreciation for most strongly in a role play. is feeling and thinking and why. different points of view. • Now give the groups 30 minutes to design and rehearse their play. Explain that this Feedback: Target group: Young adults, adults must be a group effort and everyone Review the role-play itself should have a role in the production. • How did people feel about this activity? Group size/social organization: about 20 • After that gather the groups together so Was it more or less difficult than they had that everyone can watch each other’s first imagined? What were the most Time: 60 minutes performance. difficult aspects, or the most difficult • Give a few minutes after each perfor- things to represent? Preparation: careful reading of the education mance for feedback and discussion • Did people learn anything new? module ° Ask the observers as well as the players to • Were there similarities or differences state their opinions. among the groups, and if so, where? Material: flip chart paper; markers 188 EDUCATION

Methodological hints: Related Rights: All other human rights Group size/social organization: about 20 • A role play can take many forms, but in all of them participants act out little dramas Source: Compass: A Manual on Human Time: at least 60 minutes which normally evoke strong feelings in Rights Education with Young People. 2002. the actors as well as in the audience. Strasbourg Cedex: Council of Europe Preparation: Therefore the group leader should Publishing. * List the articles 12, 13, 14, 17, 18, 27, 28, encourage evaluation of what took place 29, 32 of the CRC on a large sheet of paper and should then analyse its relevance to to make a wall chart human rights. ACTIVITY II: * Prepare one set of article cards for each • Before each group starts its performance DIAMOND PATTERN small group give clear instructions and ensure enough time for full development and discussion PART I: INTRODUCTION: Material: sets of article cards in envelopes • Be sensitive to feelings the play may evoke This activity aims to enhance the under- in the actors and in the audience standing of the principles and provisions in Skills involved: linguistic, co-operative • Allow time for asking both players and the Convention on the Rights of the Child skills, argumentative and critical skills, observers how they felt and relate it to the right to education in reflective skills • Encourage evaluation of what took place particular. and analysis of its relevance to the module PART III: SPECIFIC INFORMATION and to human rights in general. Type of activity: Group work ON THE EXERCISE Description of the Activity/Instructions: Suggestions for Variation: PART II: GENERAL INFORMATION • Start with a brief review of the CRC. Ask Carry out this activity as a drawing exercise: ON THE EXERCISE what people know about it. Point out the get the groups to present a poster to express Aims and objectives: wall chart and go over the main articles. their main ideas. This activity deals with and evaluates some • Divide the whole group into smaller of the articles of the CRC in order to gain groups. Hand out the envelopes with the PART IV: FOLLOW-UP understanding of the right of every child to CRC cards. Look at plays or other pieces of literature be educated. • Each small group has to discuss the nine with a human rights theme, and organise a articles and consider how relevant each dramatic performance for the members of Target group: young adults one is to their own lives. They should then your local community. arrange them in a diamond pattern in EDUCATION 189

order of importance – all in all they should • Point out that there are no wrong or right have about 25 minutes to discuss, arrange ways in which to order the cards. and eventually rearrange the shape of the • Encourage participants to discuss various diamond. opinions and positions. • When all groups have finished, they walk • Emphasize the importance of reaching an around the room to see how each group agreement within the group. ranked the articles. • Then call everyone together for a discus- Suggestions for Variation: sion • Select one of the articles and through art, story-telling, Feedback/Evaluation: poetry, acting, etc. make a performance • Start by inviting each group to present that represents it their results. Then go on to review how • Let the participants choose one article and participants enjoyed the activity and what talk about it for one minute they learned. • Set up a couple of questions like: PART IV: FOLLOW-UP similarities and differences between the Review the school’s management policies groups; why do we have different and curriculum to see how well the school priorities; which arguments were the most meets its duties and responsibilities in persuasive, are there any rights missing in relation to the CRC. the CRC, what is the situation in our own community like? Related Rights: Social and economic rights, all other human rights. Methodological hints: • Dividing participants into smaller groups Sources: Adapted from Compass: A Manual provides greater opportunities for on Human Rights Education with Young participation and co-operation. Small People. 2002. Strasbourg Cedex: Council of group work can generate ideas very Europe Publishing. quickly and encourage relating personal experience to abstract concepts. 190 EDUCATION REFERENCES

Beetham, David. 1998. Human Rights: New Dimensions Resource. Available online at: ADDITIONAL INFORMATION and Challenges. Edited by Janusz Symonides. Democracy http://hrusa.org/hrmaterials/IHRIP/circle/toc.htm and Human Rights: Civil, Political Economic, Social and Cultural. Manual on Human Rights. UNESCO Publishing. Nowak, Manfred. 2001. The Right to Education in the Education International: www.ie-ei.org Economic, Social and Cultural Rights. Edited by Eide, Coomans, Fons. 1998. Identifying Violations of the Right Asbjorn, Catarina Krause and Rosas Allan. Economic, Electronic Resource Centre for Human Rights Edu- to Education. Edited by Van Boven, Theo, Cees Social and Cultural Rights, A textbook. Dordrecht: cation: http://erc.hrea.org Flinterman and Ingrid Westendorp. The Maastricht Martinus Nijhoff Publishers. Gateway to e-learning on the Internet: Guidelines on Violations of Economic, Social and Cultural www..org/education/elearning Rights. SIM Special No. 20, Utrecht: The Netherlands Office of the United Nations High Commissioner for Institute for Human Rights. Human Rights. 1999. The United Nations Decade for Human Rights Education Associates: www.hrea.org Human Rights Education (1995-2004) no.3, A Coomans,Fons. 1995. Clarifying the Core Elements of the compilation of provisions of international and regional Human Rights Internet: www.hri.ca Right to Education. Edited by Coomans, Fons and Fried instruments dealing with human rights education. van Hoof. The Right to complain about Economic, Social Geneva: United Nations. Human Rights Network: www.derechos.net and Cultural Right, SIM Special No.18. Utrecht: The Sen, Amartya. 2002. “Basic Education and Human Netherlands Institute for Human Rights. Office of the High Commissioner for Human Rights: Security” at the “Workshop on education, equity and www.unhchr.ch Council of Europe. 2002. COMPASS- A Manual on security” at Kolkata, India, on 2-4 January 2002. Human Rights Education with Young People. Strasbourg: Right to Education: www.right-to-education.org Council of Europe. Symonides, Janusz. 2000. Human Rights: Concept and Standards. Aldershot: Ashgate Publishing. The People´s Movement for Human Rights Education: Daudet, Ives and Kishore Singh. 2001. The Right to www.pdhre.org Education: An Analysis of UNESCO´s Standard-Setting The Interdependent, Monthly nr.104, February 2002: Instruments. Paris. UNESCO Publishing. www.nscentre.org The World Bank: www.worldbank.org

Deutsche Gesellschaft für die Vereinten Nationen. Tomasevsky, Katarina. 1999. Preliminary Report of the UN Children’s Fund: www.unicef.org 2002. Bericht über die Menschliche Entwicklung. Bonn: Special Rapporteur on the Right to Education, UN doc. DGVN (for UNDP). E/CN.4/1999/49. See also the progress report of the UN Educational, Scientific and Cultural Organization: Special Rapporteur, UN doc. E/CN.4/2000/6. www.unesco.org Fernandez, Alfred and Siegfried Jenkner. 1995. International Declarations and Conventions on the Right UNICEF. 1999. The State of the World’s Children 1999. United Nations Development Programme: to education and the Freedom of Education. Frankfurt am Paris: UNICEF. www.undp.org Main: Info3 – Verlag. United Nations. 2001. Beijing to Beijing+5- Review and World Education Forum 2000: www.unesco.org/efa Hodgson, Douglas. 1998. International Cooperation and Appraisal of the Implementation of Beijing Platform for Development in the Human Right to Education. A Action-Report of the Secretary General. New York. textbook. Aldershot: Ashgate Publishing. United Nations. 2001. We the Peoples: the Role of the Human Rights Resource Center. Circle of Rights. United Nations in the 21st Century, Briefing Papers for Economic, Social and Cultural Rights Activism: A Training Students. New York: UN Publishing. HUMAN RIGHTS OF THE CHILD

CHILD EMPOWERMENT AND PROTECTION PARTICIPATION AND PROVISION NON-DISCRIMINATION OF CHILDREN BEST INTERESTS OF THE CHILD

»In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration…«

ARTICLE 3, UN CONVENTION ON THE RIGHTS OF THE CHILD 192 HUMAN RIGHTS OF THE CHILD ILLUSTRATION STORY

Children Affected by Armed Conflict SOURCE: “THE SEXUAL EXPLOITATION OF GIRLS AND BOYS, “I was abducted [by the Lord’s Resistance DISCUSSION QUESTIONS LARGELY BY AMERICAN MEN, HAS REACHED ALARMING Army] while my mother and I were going to PROPORTIONS IN CENTRAL AMERICA,” WASHINGTON the field . . . . One of the other abducted girls In more than 85 countries worldwide POST, 2 JANUARY 2000. tried to escape but she was caught. The rebels children up to 18 are being recruited into told us that she had tried to escape and must national armies or armed opposition groups, be killed. They made the new children kill 300.000 children are actively participating in DISCUSSION QUESTIONS her. They told us that if we escaped, they armed conflicts. What may be the reasons for would kill our families. using children to fight the wars of adults? 1. Do you think that children have a right to They made us walk for a week . . . . Some of be saved from harm? the smaller children could not keep up, as we Commercial Sexual Exploitation 2. How can they be protected from such were walking so far without resting, and they of Children forms of exploitation? were killed . . . . Some of the children died of “Sitting at the bar in the dingy Del Ray Hotel 3. Have you ever heard of cases in your hunger. I felt lifeless seeing so many children here one recent evening, a 33 year old country in which sex tourists have been dying and being killed. I thought I would be California bartender named David said he tried before your national courts for killed.” was on his second trip to Costa Rica in as having sexually abused and exploited many years. He spoke brazenly about how he children in other countries? SOURCE: had scanned several Web pages advertising “THE SCARS OF DEATH: CHILDREN ABDUCTED BY THE LORD’S RESISTANCE ARMY IN UGANDA”, HUMAN RIGHTS youthful-looking female prostitutes in Costa WATCH, SEPTEMBER 1997. Rica in his efforts to have sex with a girl who had no previous sexual experience. David, a Sharon, a 13-year old girl, has been abducted stocky, unkempt man who insisted that only by the Lord’s Resistance Army, a rebel group his first name be used, boasted of how he had based in the north of Uganda, fighting the arranged for one of the many taxi drivers government, but also terrorizing the local connected with the sex trade to bring a 13 population, particularly by abducting year old girl from her parents’ home in a poor children to use them in their rebel forces. San Jose neighborhood to his hotel. The girl’s mother and father asked $400 for the use of the girl, which David said he eagerly paid.” HUMAN RIGHTS OF THE CHILD 193 NEED TO KNOW

1. THE STRUGGLE FOR » A baby is God’s opinion that the Child Rights and Human/Child Security PROTECTING THE RIGHTS OF world should go on.« The concept of human security has been THE CHILD described as promoting the freedom of the CARL SANDBURG human being from fear and from want, with Discussing the human rights of children is equal opportunities to fully develop his or sometimes a strange experience. At first side. The recent UN/UNICEF end-of-decade her human potential. Thus, it focuses on thought, everyone would immediately agree review for the UN Special Session on situations of insecurity caused by violence as on young people’s rights to a home, to living Children revealed that, for instance, chances well as by poverty, further aggravated by with family and friends, to having for child survival in sub-Saharan Africa have discrimination and social exclusion. The opportunities to develop personality and even deteriorated, while globally, 149 million requirement for prioritization and the talents, to being respected and taken children remain undernourished, and 100 element of urgency to counter immediate seriously. However, although children’s million children do not receive formal threats to a person’s security is clearly in line rights have a smooth surface, there is much education facts and figures below. with the concept of children’s rights, in troubled water beneath. Once questions arise Therefore expectations were high when 3 355 particular with the principle of priority of responsibility for realizing these government delegates, 1 732 representatives consideration of the child’s best interests. objectives, formulated as enforceable rights form non-governmental organizations (NGOs) However, a few dilemmas persist. of the child, then controversies are close. and more than 600 young people (aged 7-18) First, a legal framework for the human rights Just look at the UN Convention on the Rights met in May 2002 in New York during the UN of children as part of the general human of the Child (CRC). This international treaty, General Assembly Special Session on rights regime is already in place, providing adopted by the UN General Assembly in Children. This conference adopted a new for comprehensive rights with corresponding 1989, constitutes the foundation for the international Plan of Action (“A World Fit for binding obligations on states – while human international protection of human rights of Children”), which took governments, security lacks this normative foundation so children. And it is a success story insofar as UNICEF and other inter-governmental far. Second, human security/child security the CRC is now – just 14 years after its organizations and NGOs nearly two years to approaches sometimes tend to (over-) adoption – ratified by 192 countries including negotiate, with only mixed success. And protectiveness, stressing the vulnerability all UN member states, except two (Somalia most strikingly, one of the thorniest issues in and dependency of the child – while and the United States). So the CRC sets truly the debate was the status of the Convention neglecting the child’s own capacities and universal human rights standards for on the Rights of the Child in the outcome resources. Therefore, conceptual challenges children. However, the good news on the document, with some states, like the US, for child security lie in how to best integrate standards´ side is sharply contrasted by the objecting altogether to a child rights-based the empowerment/self-enabling aspect, disastrous picture on the implementation outcome document. HUMAN RIGHTS OF THE CHILD » Any society wishing to deny 194 children, or any other group, rights which are the common property of other groups, should be able to offer clear and sustainable reasons for doing so. The burden of proof always rests which is central to the human rights with those who wish to exclude on the Rights of the Child (CRC). The day of discourse. others from participation; its adoption – 20 November 1989 – is now Following from this the complementarity of children should not be obliged to the annual International Child Rights Day. the child rights and child security approaches argue their case for possessing should be emphasized, as in the context of the same rights as everyone the current discussion on participation of else.« PRINCIPAL CONCEPTS children in peace processes and post-conflict BOB FRANKLIN (1995) OF THE CONVENTION reconstruction. ON THE RIGHTS OF Since its beginning, the Human Security THE CHILD Network has paid special attention to child sponsored institutionalized compulsory security, in particular in relation to armed education in schools, the negative effects of Empowerment of the Child, Generational conflict (including small arms, land mines industrialization on children (for example and Gender Aspects issues). This commitment has also been child exploitation in factories or mines) and Based upon the respect for the dignity of all reflected in the priorities of the Austrian the consequences of war. A new human beings, the CRC recognizes every 2002/03 Chairmanship of the Human understanding of child development evolved, child as the bearer of his or her own human Security Network: children affected by armed from new teaching concepts and models of rights: these rights are not derived from or conflict, and human rights education. child-upbringing to “children liberation dependent upon rights of parents or any movements” in the 1970s. They helped to other adult. This is the foundation for the shift the focus from the child’s vulnerability concept of empowerment of the child, 2. DEFINITION AND DESCRIPTION and protection needs to a new discourse on enabling the child as a respected subject and OF THE ISSUE child autonomy, competence, self- citizen of society to challenge and change determination and child participation, limiting and discriminating perceptions and The Nature and Content of the Human rejecting traditional paternalistic views of expectations of young people. Rights of Children children as mere objects of parental/adult Factually, children remain dependent on The concept of children’s rights has evolved control. Eventually, all these developments adults (due to their physical and emotional on the one hand from the broader human combined had a strong impact on the development, lack of material resources/ rights movement, but is also derived from political process, which started in 1979 income) and changes in the economic and other developments in the social, educational within the United Nations: the drafting of a social situation of the parents (unemploy- and psychological field over the last 300 new, first legally binding document on the ment, divorce of parents), which have years. This includes the impact of state- human rights of children – the Convention immediate impact on the child’s standard of HUMAN RIGHTS OF THE CHILD 195

In addition to this generational aspect, the exclusive, but mutually reinforcing; the » A hundred children, a hundred gender dimension is of prime importance to Convention does not favor e.g. autonomy individuals who are people – not the empowerment of children. Trafficking of rights over protective rights, as has people-to-be, not people of girls for sexual exploitation, the killing of sometimes been claimed by critics calling the tomorrow, but people now, right girls in the name of the “family’s honor”, CRC “anti-family” and fearing the breaking- now – today.« exclusion and disadvantages in education up of families by granting human rights to JANUSZ KORCZAK, “HOW TO LOVE A and employment as well as degrading the child. The CRC explicitly recognizes the CHILD” (1919) stereotypes in the media and the enter- “responsibilities, rights and duties” of (both!) tainment industry clearly show their double parents to provide “appropriate direction and discrimination both as girls and as children. guidance” for the child. However, this living. Granting human rights to children, parental responsibility is qualified by being thus, does not create a specifically “consistent with the evolving capacities of the “privileged” social group. On the contrary, it A Holistic View of the Child child”, meaning that this responsibility does is the necessary precondition for raising their The CRC is unique as it is the first universal not grant any absolute power over the child, status in society to a level where they can human rights treaty combining economic, but is constantly dynamic and relative. defend their interests on an equal footing social, and cultural as well as civil and Moreover, vis-à-vis the state, parents bear with adults. Only then will a child be heard political rights in one single document. The primary educational responsibility, but if before a court in custody-related cases, will a CRC follows a comprehensive (“holistic”) they are not able or willing to fulfil their girl feel secure enough to report sexual approach in addressing the situation of obligations, it is legitimate for the abuse. This also highlights the preventive, children; it goes beyond those earlier child state/society to intervene. awareness-raising aspect of the empower- rights declarations, which focused on the ment of children. protective needs during child development, Non-Discrimination of Children And only then will the interests of children as as it also encompasses provisions The Convention states a clear prohibition of a social group be taken seriously – a crucial guaranteeing respect for the child’s identity, discrimination among children, providing a challenge, considering the demographic self-determination and participation. long list of grounds unacceptable for situation in Western “ageing societies”, but differentiation (also relevant in regard to the also in the Southern hemisphere with young The Child – Parent – State Relationship child’s parent/guardian): “race, color, sex, people often constituting up to 50% of the At the same time it is important to stress that language, religion, political or other opinion, entire population. these dual dimensions –protective rights and national, ethnic or social origin, property, autonomy rights – are not mutually disability, birth or other status” (Art. 2). 196 HUMAN RIGHTS OF THE CHILD

“the best interest of the child.” This provision from non-adults. There are no other » I have a dream that my four little stresses the need to give priority attention to references to age limits in the Convention children will one day live in a the child’s interests. It is not limited to (except Art. 38) and the Committee on the nation where they will not be actions directly targeting children (e.g. Rights of the Child – the international UN judged by the color of their skin education, custody court cases, etc.), but, expert body monitoring implementation of but by the content of their instead, it is relevant for all actions, which the Convention – has repeatedly stressed that character.« might have a direct or indirect impact on the this CRC approach also mandates states to MARTIN LUTHER KING JR. child (employment policies, budgetary review their national provisions on age limits allocations etc). Therefore, this implies an both in terms of consistency and continued obligation by any actor (state or private) to justification. There is no explicit provision about non- conduct a “child impact assessment” first, to Apart from that the definition of Art. 1 also discrimination of children in relation to consider possible consequences of any poses some pitfalls for the CRC implemen- adults (discrimination based on age). measure and alternatives and to further tation, as the group of “under-18s” consti- However, considering the broad catalogue of monitor the implementation of that measure. tutes a very diverse, inhomogeneous social rights in the CRC, any measure limiting those In addition, the principle of “best interests of constituency, which makes it essential to be guarantees only on grounds of age would the child” serves as an umbrella provision clear about the target group of any measures. also be difficult to sustain in light of Art. 1 and guidance for any situation of conflicting and 3(1). CRC rights or where no explicit CRC Convention Rights: Participation – provision might be applicable. Protection – Provision A commonly used structure for describing Best Interests of the Child The CRC definition of the the contents of the Convention apart from “Child” the guiding principles and concepts indicated » The future promise of any nation Finally, one central question remains: Who is above follows the “three Ps” – participation, can be directly measured by the actually considered a “child” under the protection, provision: present prospect of its youth.« Convention on the Rights of the Child? Well, • The participation aspect is represented the CRC defines a “child” generally as any first of all by an explicit recognition of a JOHN F. KENNEDY human being below the age of 18 (unless child’s right to participation as stated in majority is reached earlier in the respective Art. 12(1). Attributing “due weight” to the Art.3(1) formulates the overall guiding country, Art. 1), thereby choosing a rather child’s perspective is the key element of principle of the entire Convention, namely simplistic approach by just separating adults this provision; it requires a level of HUMAN RIGHTS OF THE CHILD 197

» If we wish to create a lasting peace we must begin with the involvement of children which allows children.« prohibition of violence, no right to them to truly influence processes, to have MAHATMA GANDHI education without an adequate standard an impact on decision-making. In of living. addition, the CRC adapts other basic • Children’s rights are legal rights – with political and civil rights relevant in this • Provision rights guaranteed under the corresponding state obligations for their context as children’s rights, such as the CRC encompass the right to health, protection and realization. freedom of conscience, religion, asso- education, social security and an adequate • Children’s rights empower children – they ciation, assembly and respect for one’s standard of living. require a new culture of inter-action with privacy as well as the right to life children, based on their recognition as (including an explicit prohibition of the Moreover, the CRC also develops new subjects and bearers of rights. death penalty for juvenile offenders), standards by formulating a child’s right to protection from torture and from arbitrary protection of his or her identity, family and detention and fair trial guarantees. other social relations (including family 3. INTERCULTURAL reunification), limits for international PERSPECTIVES • Regarding protection issues, the rights in adoption of children, a child’s right to rest, AND CONTRO- the CRC include protection from “all forms leisure, play and cultural activity and a state VERSIAL ISSUES of physical or mental violence, injury or obligation to ensure recovery and rehabili- abuse, neglect or negligent treatment, tation for all child victims of any form of Protection of children’s rights sheds light on maltreatment or exploitation, including violence or exploitation. the status of the child in society, on prevalent sexual abuse, while in the care of concepts of childhood, role models attributed parent(s), legal guardian(s) or any other Summing up: Why Use a Child Rights- to children, living conditions and infra- person who has the care of the child” (this Based Approach? structure relevant to them. Moreover, it provision is also relevant in regard to • Children’s rights are human rights – reveals a great deal about the status of the disciplinary measures in schools). Protec- respect for human dignity regardless of family as well as the status of women in that tion is further strengthened by provisions age. society. aiming at measures against economic • Children’s rights shift focus of attention – exploitation (child labour), sexual to the individual child and to children as a One typical example of conflicting views exploitation and trafficking of children, group in society. relates to the corporal punishment of drug abuse and standards in relation to • Children’s rights are comprehensive and children. While any criminal code in the children and armed conflict. inter-related – no free speech without world would describe infliction of intentional 198 HUMAN RIGHTS OF THE CHILD » Can there be a more sacred duty than our obligation to protect the rights of a child as vigilantly as » Implementing the Convention is we protect the rights of any other not a matter of choice, welfare or person? Can there be a greater charity, but of fulfilling legal test of leadership than the task of obligations.« harm on others clearly a criminal act among ensuring these freedoms for CHILD RIGHTS CAUCUS adults, the same principle is not applied to every child, in every country, (INTERNATIONAL NGO PLATFORM children. Instead, you may find discussions without exception?« MONITORING FOLLOW-UP TO THE on the “reasonable” number of lashes, SPECIAL SESSION ON CHILDREN), 2002 regulations on the size and material of the KOFI ANNAN, UNITED NATIONS SECRETARY-GENERAL rod, or the requirement to have a doctor present during the punishment. It is striking The Convention provides for only one to see that currently there are only some ten economy, level of unemployment, of poverty, mechanism for monitoring compliance with states in the world, which have completely quality of the educational system, status of its provisions, namely state reporting to its abolished corporal punishment. The families and women. Work Module. supervisory body, the Committee on the Committee of the Rights of the Child has Rights of the Child. Under this procedure, focused on violence to children by the state states are obliged to submit reports to the and in family and school during two thematic 4. IMPLEMENTATION AND Committee on their progress in implementing discussions in 2000 and 2001. Upon its MONITORING the Convention (and the Optional Protocols). recommendation a major UN study on The Committee, as part of a „constructive violence to children was initiated in 2002 in Typically in the field of human rights, a gap dialogue“ with the respective government, order to draw global political attention to this exists between principles and practice, leading to a critical statement and problem. between commitments and their actual recommendations, reviews these reports. implementation, but one could argue that Other typical contentious issues concern, for this gap is nowhere greater than in the field There is no other monitoring mechanism as instance, the status of girls (e.g. “son of children’s rights. Various reasons may be with other human rights treaties (individual preference” in family, education, employ- given for this situation (child rights issues are or state complaint, or inquiry procedure), ment, restrictive interpretation of religious linked to often controversial discussions although lobbying from NGOs has already laws, traditional practices like female genital about “family values”/cultural/religious started for an individual complaint mecha- mutilation, access to reproductive health traditions, lack of child-focused infrastruc- nism, which would allow the Committee to services), Human Rights of Women ture, of support to child-powered or of develop its own case law – a strong boost to Module, or the problem of child labor, which political initiatives), but one more contri- a more elaborate legal discourse on is linked to various factors and conditions in buting factor could also be found in the weak children’s rights. the respective country, including structure of CRC treaty monitoring system. HUMAN RIGHTS OF THE CHILD 199

However, the Committee has been quite Moreover, in several countries lobbying for innovative in compensating for the lack of » We hereby recommit ourselves to the inclusion of CRC principles into national traditional mechanisms. First, it took a very spare no effort in continuing constitutions has started in order to provide open position towards involvement of NGOs, with the creation of a world fit for a stronger domestic legal framework for inviting them to submit their own reports on for children, building on the children’s rights. In other countries like the country’s child rights situation to get a achievements of the past decade France or Belgium, CRC provisions have been more complete picture of the issues at stake. and guided by the principles of applied already directly in court cases. Second, the Committee initiated annual first call for children.« public forums (“Days of General Discus- Finally, any promotional effort should be “A WORLD FIT FOR CHILDREN”, sion”) on specific topics (e.g. “the child and DECLARATION AND PLAN OF ACTION, based on effective and reliable information, the family”, “juvenile justice”, “HIV/AIDS”) ADOPTED BY THE UN GENERAL education and training strategies, with child ASSEMBLY SPECIAL SESSION ON in order to focus international attention on CHILDREN, 10 MAY 2002. rights and human rights education reaching those issues. out directly to children and young people. As the CRC Committee stated in 2001 in its first Increasingly, however, the growing number General Comment on the “Aims of Education” of standards, instruments and institutions This Summit’s outcome document also (Art. 29): “An education with its contents poses new challenges for monitoring, requi- contains the commitment by states to firmly rooted in the values of Art. 29 (1) is for ring closer co-ordination among all actors establish and strengthen national child- every child an indispensable tool for her or involved. focused support and monitoring bodies, such his efforts to achieve in the course of her or as, independent ombudspersons for children. his life a balanced, human rights-friendly On the national level, the process following Ombudspersons may provide complaint and response to the challenges that accompany a the UN Special Session on Children 2002 redress mechanisms, counselling for children period of fundamental change driven by constitutes one major task for implemen- and parents, information and lobbying as globalization, new technologies and related tation and monitoring. The outcome well as monitoring functions – generally, phenomena.” document calls on all states to submit acting as an institutionalized, independent National Plans of Action as the basis for children’s lobby. In addition, child rights child-focused policies and measures no later advocacy is still a largely adult-driven move- than the end of 2003, “if possible”. ment, so new ways for support of child/ youth-led initiatives have to be explored. 200 HUMAN RIGHTS OF THE CHILD GOOD TO KNOW

1. GOOD PRACTICES group of sponsors has been established every Non-governmental “Shadow year, receiving positive feedback from the Reports” and “National Coalitions” on The following examples of initiatives and participants and from the public, authorities domestic CRC implementation projects have successfully strengthened the and the media. implementation of the Convention on the States parties to the Convention on the Rights Rights of the Child, References and “Recht hat jede/r – Trainings zum alltägli- of the Child are required to submit progress Additional Information. chen Umgang miteinander“ [Everyone has reports on CRC implementation regularly to rights /is right – Training for everyday life the UN Committee on the Rights of the Child. “Connecting People” – a sponsorship project together] – Workshop series organized by In order to facilitate a comprehensive review for young refugees in Austria, organized by WUK KinderKultur (an open space initiative of these state reports, the Committee Asylkoordination Österreich (Austrian co- for cultural activities for children) and the welcomes “shadow reports” prepared by ordinating NGO for refugee and migration Service Centre for Human Rights Education NGOs or NGO networks (“national organizations), with support from the at the Boltzmann Institute of Human Rights. coalitions”) on their own assessment of the Austrian Committee for UNICEF. This Workshops Series aims at children (from situation of children and adolescents in the 7 to 15) both at schools and in child/youth country under review. In more than 90 The basic idea of this project is to bring groups, focusing on peaceful conflict countries such national child rights coalitions together unaccompanied young refugees resolution, tolerance and communication have already been set up, promoting and with adults living in Austria who are willing through discussions, role plays, group monitoring CRC implementation. In addition, to share some time with them, offer practical activities; each workshop lasts about 2 1/2 an international NGO Group for the CRC support to the refugee, e.g. in education, hours and is facilitated by a team of two provides support for NGOs and coalitions in language courses, jobs, representation before experts (trained mediators, entertainment reporting and monitoring processes. authorities, sports activities, etc. A trusting motivators, psychologists, actors, teachers, relationship between the child and the etc). Since 2001 modules on “Responsibility,” • Child/Youth participation at the UN sponsor is established, helping the refugee to “Conflict Resolution” and “Respect” have General Assembly Special Session on stabilize in his/her environment and been developed and presented in over 80 Children, May 2002 benefiting the sponsor with a rich personal workshops, reaching more than 1 600 experience. All sponsors are carefully children. The most outstanding aspect of this second selected and undergo pre-training on legal UN Summit on World’s Children in New York matters, psycho-social issues, working with was the direct participation of some 600 authorities etc. Since its start in 2000, a new children and young people (almost 10% of HUMAN RIGHTS OF THE CHILD 201

» Mankind owes to the child the best it has to give.« the total 7 000 participants) from more than UNITED NATIONS DELARATION OF THE corporal punishment; psychosocial 150 countries in the events. From 5 to 7 May RIGHTS OF THE CHILD, 1959 support. a separate Children’s Forum took place; its • Rights of the disabled child: (including outcome message was then presented to the education, vocational training). General Assembly Special Session (8-10 May) Some other more recent trends in the field of • Children and the economy: main- by youth representatives (requiring even a children’s rights include: streaming of child rights issues into special GA Resolution to give them the • Structural aspects: child/youth-led initia- poverty reduction programs; child floor!). Despite the clear limitations for the tives and organizations, establishment of labor/eliminating worst forms; effects of impact of the “under-18s” on political ombudsoffices for children and youth and economic globalization and liberalization negotiations within such an UN setting, those child-focused infrastructure, child rights of public services (health, education – efforts (also including “child-friendly monitoring. GATS); impact of the entertainment and versions” of major documents) reflected the • Child and youth participation: (locally, sports industry, advertising, mass media spirit of the CRC’s right to participation and nationally, internationally), e.g. including on youth culture. set standards for future UN processes. political participation/right to vote. • Basic social services, impact of • Generational aspects: non-discrimination HIV/AIDS. of children as opposed to adults; distri- • Children in armed conflict, child 2. TRENDS bution of wealth, access to resources; combatants’ reintegration; responsibilities representation of interests of children and of non-state actors/private companies; The CRC as the framework for the protection youth; demographic shifts. role of the Security Council; role of the of the rights of the child is not a “static” • Rights of the girl child: (social role ICC; child rights training and codes of document, but under continuous develop- models/media stereotypes/religious/ conduct for peacekeeping/field personnel. ment. This process is strengthened, for cultural backgrounds, reproductive instance, by the Committee on the Rights of health). the Child through interpretation of the CRC, • Right to information: access to internet/ or by adopting new standards such as the data protection; violent content in media/ Optional Protocols (2000) to the CRC on the TV/computer games, etc.; child porno- involvement of children in armed conflict graphy on the internet. and on the sale of children, child prostitution • Violence to children and sexual and child (both came into force exploitation of children: global ban on in 2002). 202 HUMAN RIGHTS OF THE CHILD

Facts and Figures – Child Rights Statistical • Poverty: 3 billion people subsist on less • Disabilities: estimated 120 million to 150 Information than $2 a day, 1.2 billion (50 % of them million children live with disabilities. • Birth registration: over 50 million births children!) on less than $1 a day; but 1 in • Violence: each year 40 million children each year remain unregistered (75 % of every 6 children also lives below the under the age of 15 are victims of family them in sub-Saharan Africa). national poverty line in the world’s richest abuse or neglect serious enough to require • Child mortality under five: nearly 11 countries. medical attention; 2 million girls are at million children/year, dying often from • Child labor: some 250 million children risk of female genital mutilation annually. readily preventable causes (major “killer between the ages of 5 and 14 work; in • Child trafficking: in Africa & South East diseases“: diarrhea, acute respiratory developing countries, estimated 70 % Asia 400.000 girls and boys are affected infections, diphtheria, tuberculosis, work in agriculture and the informal annually; world-wide: up to 2 million whooping-cough, measles, tetanus); more sector. children and women trafficked annually. than 175 countries are now free of polio. • Street children: estimated 100 million • Suicide: some 4 million adolescents/year • Mothers dying at childbirth: global children (from 4 up) live and work on attempt suicide world-wide, and at least average: 400 maternal deaths per 100 000 streets. 100 000 die. live births; sub-Saharan Africa: 1 100; • Education: primary school enrollment: • Ombudspersons for children: established South Asia: 430; Middle East and North 82 % globally, but 100 million children in at least 40 countries so far. Africa: 360; Latin America/Caribbean: remain out of school, 53 % of them girls. • National Plans of Action (NPAs): 190; East Asia/Pacific: 140; CEE/CIS/ • Social services and political priorities: following the 1990 World Summit for Baltic States: 55; industrialized countries: on average, developing countries spend Children: some 155 countries prepared 12. more on defense than on either basic NPAs. • Teenage pregnancies: 15 million infants education or basic health care; born to under-18s annually; only 23 % of industrialized countries spent about 10 SOURCE: UN SECRETARY GENERAL’S REPORT, WE THE CHILDREN, women (married or in union) in sub- times more on defense than on PREPARED FOR THE SPECIAL SESSION ON CHILDREN, Saharan Africa use contraceptives. international development aid. SEPTEMBER 2001, SEE • HIV/AIDS: estimated 13 million children • Armed conflict: 1990s: 2 million children WWW.UNICEF.ORG/SPECIALSESSION) had lost their mother or both parents to died in armed conflict, 6 million injured or AIDS by 2000; 95 % of these children live disabled; 300 000 directly involved in in sub-Saharan Africa. conflict as child soldiers. • Food: estimated 150 million children are • Child refugees and displaced children: still undernourished. 11 million child refugees world-wide. HUMAN RIGHTS OF THE CHILD 203

3. CHRONOLOGY the use of children in war and armed conflict 1923/24 Declaration on the Rights of the 1999 The Human Security Network deve- Child (Eglantyne Jebb/League of lops out of a group of like-minded Nations) countries, with a strong emphasis on 1959 UN Declaration on the Rights of the the situation of children affected by Child armed conflict 1989 UN Convention on the Rights of the 1999 Convention No. 182 on the Worst Child (adopted: 20 November, 1989; Forms of Child Labor adopted by the came into force: 2 September 1990) International Labor Organization 1990 The UN Commission on Human (came into force: 19 November 2000) Rights appoints a Special Rapporteur 2000 Adoption of two Optional Protocols to on the Sale of Children, Child the Convention: on the Involvement Prostitution and Child Pornography of Children in Armed Conflict (came 1990 World Summit for Children in New York into force: 12 February 2002) and on (29–30 September); adoption of a the Sale of Children, Child Prostitution World Declaration and Plan of Action and Child Pornography (came into for the Survival, Protection and force: 18 January 2002) Development of Children 2002 The UN Commission on Human 1990 African Charter on the Rights and Rights mandates a major study on Welfare of the Child adopted (came violence towards children into force: 29 November 1999) 2002 Children’s Forum (5-7 May) and UN 1996 Graça Machel submits her ground- General Assembly Special Session on breaking study “Impact of Armed Children in New York (8-10 May); new Conflict on Children” to the UN Declaration and Plan of Action (A General Assembly World Fit for Children) adopted 1998 Six international NGOs form the Coalition to Stop the Use of Child Soldiers in order to lobby for a ban on 204 HUMAN RIGHTS OF THE CHILD SELECTED ACTIVITIES

ACTIVITY I. ROUND TABLE ON Performance of the Role Play: select round ACTION TO REDUCE CHILD » Mankind owes to the child the table participants, give them up to 20 LABOR best it has to give.« minutes to develop a position/strategy for UNITED NATIONS DECLARATION OF THE discussion (alternatively, give them reading PART I: INTRODUCTION RIGHTS OF THE CHILD 1959 material in advance); UNICEF/ILO or NGO Type of activity: Role-play on child labor representative may act as chairperson of the meeting, introducing the participants and PART II: GENERAL INFORMATION Material: paper, flip chart etc for documen- their respective “functions.” The discussion ON THE ROLE-PLAY tation may start with brief account of current Aims and objectives: to raise understanding situation of children, e.g. “children working for the various interests and motives Skills involved: communication and in garment factory” or concerned parents involved in child labor and its consequences analytical skills complaining about treatment of children. The for the development of strategies and participants should present their principal possible alternatives; this role play should PART III: SPECIFIC INFORMATION position in a chaired discussion. As a result have been preceded by some earlier ON THE ROLE PLAY a strategy should be elaborated or an action discussion on child labor issues to familiarize Introduction of the topic: Announce that the plan developed in separate study groups. participants with the background child labor problem in country X has received growing criticism from local child rights Feedback, methodological hints: ask the Target group: young adults, adults organizations and the ILO internationally; participants about their feelings, thoughts the government has decided to convene a and reactions during the game; reflect Group size: 15–20 participants round table to discuss measures against child particularly on the role “children” have labor; participants represent various actors played in the discussion. Time: 1–2 hours (depending on the scope of involved (teams possible), mainly (not all the “Action Plan”) have to be included) working children, PART IV: FOLLOW-UP children at school, parents, teachers, Related rights/further areas of exploration: Preparation: room/class arrangement, cards employer’s organization, trade union, Art. 3 (best interests of the child), 6 (survival with names and functions of participants; for government officials, child rights NGO, and development), 32 (economic exploita- background information on the various roles UNICEF/ILO. The ultimate goal of the tion), 24 (health), 26-27 (social security, and positions use recent newspaper discussion should be a basic strategy for a adequate living standard), 28-29 (education), clippings, UNICEF/ILO/NGO reports on child follow-up process (alternatively: the elabo- 31 (leisure and play) of the Convention on labor, etc. Additional Information. ration of an Action Plan) HUMAN RIGHTS OF THE CHILD 205

the Rights of the Child, ILO Convention on Material: paper, texts of relevant human local authorities, parents, psychologists and the Worst Forms of Child Labor 1999. Discuss rights norms social workers were held. This went on for the work of ILO (the IPEC initiative). Watch four years until the children were temporarily out for children working instead of or in Skills involved: analytical skills removed from home to stay with foster addition to going to school in your local parents for some months. Soon after their community. PART III: SPECIFIC INFORMATION return, the children’s parents divorced and ON THE CASE STUDY the mother told the authorities they should Introduction of the case; identification of take over the care of the children, as she ACTIVITY II. PARENTAL the main issues: could not cope any more and would beat NEGLECT AND ILL-TREATMENT Three children, between one and five, lived them if they were not removed from her. In with their parents in a city suburb. Neighbors the end, five years after the first reports, the PART I: INTRODUCTION started to complain to local police and child welfare authority gave care orders and Type of activity: case study on the right to welfare authorities that the parents all the children were taken to foster parents. protection from violence/neglect/ill- frequently quarreled, and that the children A psychologist described the children’s treatment. looked uncared for and had been seen crying experiences as, “to put it bluntly, horrific”, frequently. In the following months there adding that the case was the worst case of PART II: GENERAL INFORMATION were even more reports about the children neglect and emotional abuse that she had ON THE CASE STUDY stealing food, being unable to wash and seen in her professional career. Aims and objectives: to understand the clean themselves at school and about Eventually, with help from lawyers, the relationship between state responsibility and indications of their being beaten and children sued the local authorities for parental responsibility for child rights otherwise ill-treated. The child welfare compensation for their traumatic suffering, protection authority then organized a meeting to review on the grounds that the authorities had been the situation and found out that the housing aware of their severe neglect, abuse and ill- Target group: adults, young adults conditions were very poor (bad sanitation, treatment by their parents without broken beds, etc.), but offered assistance intervening in time. But the court declared it Group size: 10–20 only to the parents, with no immediate action had no legal competence to award in relation to the children. However, the compensation in this matter and dismissed Time: 1–2 hours children started to show signs of psycho- the case. The children are now considering logical disturbance, becoming unsociable filing a complaint with an international Preparation: text of a case study with others; thus further meetings between human rights body. 206 HUMAN RIGHTS OF THE CHILD

What would be your advice to them? What PART IV: FOLLOW-UP rights of the Convention on the Rights of the Sources: Case study based on the Case of Z Child might have been violated? What other and others v. The United Kingdom, Judgment human rights treaties might be relevant and of the European Court of Human Rights of 10 applied to the case? What mechanisms could May 2001, Application No. 29392/95; see be used to address the complaint? also e.g. the recent Case of K.A. v. Finland, Judgment of 14 January 2003, Application Analysis of the case/related rights: Both the No. 27751/95 (removal of children from Convention on the Rights of the Child and parents following allegations of sexual abuse the European Convention on Human Rights by their parents – violation of Art. 8 ECHR for could be used for analysis here – relevant authorities’ failure to take sufficient steps to CRC articles include: Art. 3 (best interest of reunite the family). the child, state responsibility), Art. 5, 9, 18 (parental responsibilities, protection of family relations), Art. 19, 37 (protection from violence, from inhuman and degrading treatment), Art. 27 (adequate living standards). The relevant ECHR articles include: Art. 3 (protection from inhuman and degrading treatment), Art. 8 (protection of private life and personal integrity), Art. 6 (access to justice), Art. 13 (effective remedy); individual complaint mechanism only provided by ECHR.

Suggestions for Variation: The case could also be used for a role play: form three groups: applicants – government spokes- people – judges and let them discuss the case so that a solution is reached. HUMAN RIGHTS OF THE CHILD 207 REFERENCES

Annan, Kofi/UNICEF. 2001. We the Children, Report for Convention on the Rights of the Child (fully revised Children’s House: the General Assembly Special Session on Children. edition).UNICEF, Geneva – New York. http://www.child-abuse.com/childhouse/ UNICEF, New York. WUK-Werkstätten- und Kulturhaus Vienna: Child Rights Information Network (CRIN): Asylkoordination Austria/Connecting People Project: http://www.wuk.at/index/id/7/index.htm http://www.crin.org/ http://www.asyl.at Child Soldiers Coalition: http://www.child-soldiers.org/ Boltzmann Institute of Human Rights/Service Centre for Human Rights Education: http://www.humanrights.at/ Childwatch International Research Network: ADDITIONAL INFORMATION http://www.childwatch.uio.no/ Bruderlein, Claude, and Theresa Stichick. 2001. Children Facing Insecurity: New Strategies for Survival in African Network for the Prevention and Protection Council of Europe/European Youth Centre. 1995. All a Global Era. available online at: Against Child Abuse and Neglect (ANPPCAN): Different – All Equal (Education Pack). available at: http://www.humansecuritynetwork.org./ http://www.anppcan.org/ http://www.coe.int/T/E/human_rights/Ecri/3- Educational_resources/ Coalition to Stop the Use of Child Soldiers. 2001. Global Alston, Philip (ed.). 1994. The Best Interests of the Child: Report. Coalition publication, London. Reconciling Culture and Human Rights. Clarendon Press, Defence for Children: Oxford. http://www.defence-for-children.org/ Freeman, Michael. 1997. The Moral Status of Children: Essays on the Rights of the Child. Martinus Nijhoff Amnesty International Children’s Action 1999: Detrick, Sharon (ed.). 1992. The United Nations Publishers, Dordrecht/Boston/London. http://www.amnesty.org/ailib/intcam/children/kids99/ Convention on the Rights of the Child: A Guide to the kidindex.htm „Travaux Préparatoires”. Martinus Nijhoff Publishers, Hammarberg, Thomas. 1996. Making Reality of the Rights Dordrecht/Boston/London. of the Child. Save the Children Sweden, Stockholm. Asquith, Stewart, and Malcolm Hill (eds.). 1994. Justice for Children. Martinus Nijhoff Publishers, Detrick, Sharon. 1999. A Commentary on the United Machel, Graça. 2001. The Impact of War on Children. C. Dordrecht/Boston/London. Nations Convention on the Rights of the Child. Kluwer Hurst &Co., London. Academic Publishers, The Hague. Brett, Rachel, and Margaret McCallin. 1996. Children – Sen, Amartya. 2002. Basic Education and Human the Invisible Soldiers. Save the Children Sweden, Dorsch, Gabriele. 1994. Die Konvention der Vereinten Security. Statement at the Commission on Human Stockholm. Nationen über die Rechte der Kindes [The UN Convention Security’s Kolkata Workshop. available at: on the Rights of the Child]. Berlin: Duncker & Humblot. http://www.humansecurity-chs.org./ Casa Alianza (Guatemala): http://www.casa- alianza.org/ End Child Prostitution, Pornography, and Trafficking UN Committee on the Rights of the Child: (ECPAT): http://www.ecpat.net/ http://www.unhchr.ch/html/menu2/6/crc/ Centre for Europe’s Children: http://eurochild.gla.ac.uk/ European Centre for Social Welfare Policy and UN General Assembly Special Session on Children Research/Childhood and Youth Programme: 2002: http://www.unicef.org/specialsession Child-hood.com (internet platform against sex tourism): http://www.euro.centre.org/ec_pa5.htm http://www.child-hood.com/ UNICEF (prepared by Hodgkin, Rachel and Peter European Children’ s Network (EURONET): Newell). 2002. Implementation Handbook for the http://europeanchildrensnetwork.gla.ac.uk/ 208 HUMAN RIGHTS OF THE CHILD

European Network of Ombudsmen for Children Himes, James R.. 1995. Implementing the Convention on Special Representative for the UN Secretary-General on (ENOC): http://www.ombudsnet.org/ the Rights of the Child: Resource Mobilization in Low- the impact of armed conflict on children: Income Countries. Martinus Nijhoff Publishers, http://www.un.org/special-rep/children-armed-conflict Focal Point against Sexual Exploitation of Children: Dordrecht/Boston/London. http://www.focalpointngo.org/ Terre des Hommes: http://www.terredeshommes.org/ Human Rights Watch Children’s Rights Division: Global Initiative to End All Corporal Punishment of http://www.hrw.org/children UNICEF. The State of the World’s Children Report Children: http://www.endcorporalpunishment.org/ (annual publication). International Programme on the Elimination of Child Global March Against Child Labour: Labour (IPEC): UNICEF Innocenti Research Centre: http://www.globalmarch.org/ http://www.ilo.org/public/english/standards/ipec/ http://www.unicef-icdc.org/

Goodwin-Gill, Guy and Ilene Cohn. 1994. Child Jensen, An-Magritt Angelo Saporiti. 1992. Do Children UNICEF Statistical Database: http://www.childinfo.org/ Soldiers. Oxford University Press, Oxford. Count? Childhood as a Social Phenomenon – A Statistical Compendium (EUROSOCIAL Reports No. 36). European Van Bueren, Geraldine (ed.). 1993. International Fountain, Susan. 1993. It’s Only Right!. UNICEF, New Centre for Social Welfare Policy and Research, Vienna. Documents on Children.: Martinus Nijhoff Publishers, York. Dordrecht/Boston/London. Kuper, Jenny. 1997. International Law Concerning Child Franklin, Bob (ed.). 2001. The New Handbook of Civilians in Armed Conflict. Clarendon Pres, Oxford. Van Bueren, Geraldine. 1995. The International Law on Children’s Rights: Comparative Policy and Practice (2nd the Rights of the Child. Martinus Nijhoff Publishers, edition). Routledge, London/New York. National Coalition to Abolish the Death Penalty (US): Dordrecht/Boston/London. http://www.ncadp.org/ Freeman, Michael (ed.). 1996. Children’s Rights: A Verhellen, Eugeen (ed.). 1996. Understanding Comparative Perspective. Dartmouth Publishing NGO Group for the CRC: Children’s Rights. Ghent: Children’s Rights Centre. Company, Aldershot. http://www.crin.org/NGOGroupforCRC Woll, Lisa. 2000. International Convention on the Rights Freeman, Michael and Philip Veerman. (ed.). 1992. NGO Watchlist on Children and Armed Conflict: of the Child Impact Study. Save the Children Sweden, The Ideologies of Children’s Rights. Martinus Nijhoff http://www.watchlist.org/ Stockholm. Publishers, Dordrecht/Boston/London. Save the Children Alliance. 1997. CRC Training Kit. Working Group on Girls: http://www.girlsrights.org/ Hammarberg, Thomas. 1995. The Rights of Disabled London Children: The UN Convention on the Rights of the Child. World Organisation Against Torture (OMCT) in: Degener/Koster-Dreese (ed.). Human Rights and Sax, Helmut Christian Hainzl. 1999. Die verfassungs- Children’s Rights Programme : http://www.omct.org/ Disabled Persons: Essays and Relevant Human Rights rechtliche Umsetzung der UN-Kinderrechtskonvention in Instruments. Martinus Nijhoff Publishers, Dordrecht/ Österreich [The Constitutional Implementation of the CRC World Vision International: http://www.wvi.org/ Boston/London. in Austria]. Verlag Österreich, Vienna. World Congress against Commercial Sexual Hayward, Ruth Finney. 2000. Breaking the Earthenware Separated Children in Europe Programme: Exploitation of Children: Jar: Lessons from South Asia to end violence against http://www.sce.gla.ac.uk/ http://www.csecworldcongress.org/ women and girls. Kathmandu: UNICEF Regional Office for Southeast Asia. SOS Kinderdorf International: http://www.sos-childrensvillages.org/ HUMAN RIGHTS IN ARMED CONFLICTS INTERNATIONAL HUMANITARIAN LAW: EVEN WARS HAVE LIMITS

... the following acts are and shall remain prohibited at any time and in any place whatsoever [...] – Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; – Taking of hostages; – Outrages upon personal dignity, in particular humiliating and degrading treatment; – The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees [...] – The wounded and sick shall be collected and cared for.

ARTICLE 3 (1) AND (2), COMMON TO THE FOUR GENEVA CONVENTIONS OF 1949 210 HUMAN RIGHTS IN ARMED CONFLICTS ILLUSTRATION STORY

I was 19 when I went to Viet Nam. I was a SOURCE: ADAPTED FROM DAVID DONOVAN, ONCE A WARRIOR Considering: [...] rifleman specialist fourth class. I was trained KING: MEMORIES OF AN OFFICER IN VIET NAM, QUOTED that the only legitimate object to kill, but the reality of killing someone is IN EXPLORING HUMANITARIAN LAW, EDUCATION which states should endeavor to different from training and pulling the trigger. MODULES FOR YOUNG PEOPLE, ICRC 2001. accomplish during war is to weaken the military forces of the I didn’t know that I was going to do that. I enemy; knew the women and children were there, but DISCUSSION for me to say that I was going to kill them, I QUESTIONS that for this purpose it is didn’t know I was going to do that until it sufficient to disable the greatest happened. I didn’t know I was going to kill 1. Why did this soldier decide to shoot even possible number of men; anyone. I didn’t want to kill anyone. I wasn’t though he knew that women and children raised up to kill. were not legitimate targets? that this object would be exceeded by the employment of She was running with her back from a tree 2. Why do you think women and children arms which uselessly aggravate line, but she was carrying something. I didn’t are protected persons during an armed the sufferings of disabled men, know if it was a weapon or what. I knew it conflict? or render their death inevitable. was a woman, and I didn’t want to shoot a woman, but I was given an order to shoot. So 3. Do you think that obedience matters in PREAMBLE TO THE DECLARATION OF ST. PETERSBURG, 1868 I’m thinking that she had a weapon running, fighting a war? Should soldiers always so I shot. When I turned her over, it was a follow orders? baby. I shot her about four times, and the bullets just went through and shot the baby 4. Who do you think determines what is too. And I turned her over and saw the baby’s lawful and unlawful behaviour in war? face was half gone. I just blanked. The training came to me, the programming to kill, 5. How important do you think it is for and I just started killing. soldiers to learn what is unlawful? What is the purpose of having rules? - Varnado Simpson, American Viet Nam War veteran recounting events that occurred in 6. How can tragedies such as the one 1968. described above be prevented? HUMAN RIGHTS IN ARMED CONFLICTS 211

NEED TO KNOW War should always be waged with a view to peace. 1. EVEN WARS HAVE LIMITS IHL and Human Security Many have questioned and many deny that HUGO DE GROOT (GROTIUS) Few situations threaten human security more law can regulate behavior in the exceptional, dramatically than that of war. In the extreme anarchic, and violent reality of armed The Origins of IHL circumstances of armed conflict, govern- conflict. How can one expect that where the Although scholars generally agree that the ments find themselves having to make survival of the individual or the society is at birth of modern IHL was in 1864, with the difficult choices between the needs of society stake, legal considerations will restrict adoption of the First Geneva Convention, it is and those of the individual. Human rights human behavior? Though it may appear also clear that the rules contained in that never cease to be relevant but the outbreak of surprising at first sight, there are many Convention were not entirely new. In reality, systematic and organized violence, which are compelling reasons for aggressors and a large portion of the First Geneva the true characteristics of an armed conflict, defenders alike to follow the rules of conduct Convention was derived from existing constitutes an affront to the very principles established by IHL. While the outburst of international customary law. In fact, there underlying these rights. As such, situations violence negates the very idea of security, it were rules protecting certain categories of of armed conflict require a complementary is nonetheless important to understand that victims in armed conflicts, and customs but separate set of rules based on a very IHL contributes to human security by connected with the means and methods of simple idea, which is that even wars have defending the idea that even wars have authorized or prohibited combat during limits. These rules are commonly referred to limits. IHL recognizes the reality of armed hostilities as early as 1000 BC. as International Humanitarian Law (IHL) or conflicts and responds to it pragmatically, the Laws of Armed Conflict. IHL can be with detailed and practical rules aimed at Up until the mid-19th century, the codes and summarized as the principles and rules individuals. This branch of law does not try customs that had made up IHL were which set limitations to the use of violence to establish whether a state or a rebel group geographically limited and did not express a during armed conflicts in order to: does or does not have the right to resort to universal consensus. The impetus for the first armed force. Rather it aims first and foremost universal treaty on Humanitarian Law came, • spare those people (‘civilians’) not directly at limiting the suffering that war can cause. in great part, from a Swiss businessman involved in hostilities In striving to preserve human dignity, IHL named Henry Dunant. Having witnessed the • limit the effects of violence (even to can also be said to contribute to an eventual carnage that occurred at Solferino in 1859, ‘combatants’) to the amount necessary for peace by increasing the possibilities of during the battle in which the French and the purpose of war reconciliation. Austrian forces opposed each other in northern Italy, Dunant decided to write a book in which he depicted the horrors of the When the sun came up on the 212 HUMAN RIGHTS IN ARMED CONFLICTS twenty-fifth June 1859 it disclosed the most dreadful sights imaginable. Bodies of men and horses covered the battle- field: corpses were strewn over roads, ditches, ravines, thickets battle and tried to suggest and publicize and fields... The poor wounded the law. Unlike other rights (such as freedom possible measures for improving the fate of men that were being picked up of speech, of movement and of association), war victims. all day long were ghostly pale which may be abrogated in times of national The adoption of the 1864 Geneva Convention and exhausted. Some, who had emergencies, the core protection afforded by for the Amelioration of the Condition of the been the most badly hurt, had a IHL can never be suspended. Since IHL Wounded in Armies in the Field resulted in stupefied look as though they applies precisely to the exceptional situations an international treaty open to universal could not grasp what was said to that constitute armed conflicts, the content of ratification in which states agreed voluntarily them... Others were anxious and the ‘hard core’ of human rights tends to to limit their own power in favor of the excited by nervous strain and converge with the fundamental and legal individual. For the first time, armed conflict shaken by spasmodic trembling. guarantees provided by humanitarian law. became regulated by written, general law. Some, who had gaping wounds Here are some of the ways in which IHL already beginning to show protects fundamental human rights in armed IHL as International Law infection, were almost crazed conflicts: The rules and principles of IHL are with suffering. They begged to be universally recognized legal rules, not just put out of their misery, and • the protection accorded to victims of war moral or philosophical precepts or social writhed with faces distorted in must be without any discrimination; custom. The corollary of the legal nature of the grip of their death struggle. • a great deal of humanitarian law is these rules is, of course, the existence of a HENRY DUNANT, A MEMORY OF devoted to the protection of life, SOLFERINO, ICRC. detailed regime of rights and obligations especially the life of civilians and people imposed upon the different parties to an not involved in the conflict; IHL also armed conflict. Individuals who do not restricts the imposition of the death respect the rules of IHL will be brought to IHL and Human Rights penalty; justice. In striving to limit the suffering and the • IHL goes beyond the traditional civil right International humanitarian law must be damage caused by armed conflict, IHL may to life by protecting the means necessary understood and analysed as a distinct part of be said to protect the ‘hard core’ of human for life, a right that might be categorized a more comprehensive framework: the rules rights in times of conflict. These core as ‘economic and social’ under human and principles regulating coordination and protectors include the right to life, the rights law; cooperation between the members of the prohibition of slavery, the prohibition of • IHL absolutely prohibits torture and international community, i.e. Public Inter- torture and inhumane treatment, and the inhuman treatment; national Law prohibition of any retroactive application of HUMAN RIGHTS IN ARMED CONFLICTS 213

• IHL specifically prohibits slavery: IHL HR prisoners of war are not to be seen as the

property of those who captured them; - prohibition of - prohibition of • Judicial guarantees are codified in the hostage-taking slavery Geneva Conventions and the Additional - respect for judicial - right to life - prohibition of guarantees retroactive application Protocols; - prohibition of - care for the sick and torture and cruel, of penal provisions • The protection of children and family wounded;humane humiliating or - right to recognition life is clearly emphasized in IHL: treatment of persons degrading treatment as a person before the not (or no longer) law examples include rules on the conditions - prohibition of taking part in the discrimination - right to freedom of of internment of children and rules against hostilities; (founded on race,color, conscience and religion sex or religion) - prohibition of imprison- separating family members; - rules governing the conduct of ment for inability to fulfil a contractual • The respect for religion is taken into hostilities obligation account in the rules concerning prisoners of war as well as in customs of burial.

IN ALL CIRCUMSTANCES . . . When does IHL apply? IHL is applicable in two situations. In other foreign occupation or racist crimes, standard of humanity and is therefore words, it offers two systems of protection: commonly referred to as wars of national applicable in every situation of armed one applicable in international armed liberation. Above and beyond the applicable conflict. Again, this set of rules is applicable conflicts and another applicable in non- regime of human rights law, these situations along- side those aspects of human rights law international armed conflicts. Before defining are subject to a broad range of IHL rules, in- that continue to be applicable in emergency these two situations of application, a few cluding those set forth in the four 1949 Ge- situations. words should be said about the notion of neva Conventions and Additional Protocol I. In situations of violence not amounting in ‘armed conflict,’ which has, since 1949, intensity to an armed conflict, IHL does not replaced the traditional notion of ‘war’. A more limited set of rules is applicable in apply. In such cases, the provisions of human International armed conflict are those in internal armed conflicts. They are contained rights law and the relevant domestic which two or more states have clashed using in particular in Article 3 common to the four legislation govern the fate of those engaged weapons and those in which people have Geneva Conventions and in Additional in the acts of violence. risen in opposition to a colonial power, Protocol II. Article 3 represents the minimum War is in no way a relationship 214 HUMAN RIGHTS IN ARMED CONFLICTS of man with man but a relationship between states, in which individuals are enemies only by accident; not as men, nor even as citizens, but as soldiers (...). Since the object of war is to destroy the enemy state, 2. DEFINITION AND DESCRIPTION it is legitimate to kill the latter’s OF THE RIGHTS PROTECTED defenders as long as they are carrying arms; but as soon as What Are the Basic Rules of they lay them down and International Humanitarian Law in surrender, they cease to be Armed Conflict? enemies or agents of the enemy, and again become mere men, 1. Persons hors de combat and those who do and it is no longer legitimate to methods of warfare of a nature to cause not take a direct part in hostilities are take their lives. unnecessary losses or excessive suffering. entitled to respect for their lives and their JEAN-JACQUES ROUSSEAU moral and physical integrity. They shall in 7. Parties to a conflict shall at all times all circumstances be protected and treated distinguish between the civilian humanely without any adverse distinc- personal rights and convictions. They population and combatants in order to tion. shall be protected against all acts of spare civilian population and property. violence and reprisals. They shall have the Neither the civilian population as such nor 2. It is forbidden to kill or injure an enemy right to correspond with their families and civilian persons shall be the object of who surrenders or who is hors de combat. to receive relief. attack. Attacks shall be directed solely against military objects. 3. The wounded and the sick shall be 5. Everyone shall be entitled to benefit from collected and cared for by the party to the fundamental judicial guarantees. No one Note: These rules, drawn up by the ICRC, conflict which has them in its power. shall be held responsible for an act he has summarize the essence of IHL. Protection also covers medical personnel, not committed. No one shall be subjected They do not have the authority of a legal establishments, transports and equipment. to physical or mental torture, corporal instrument and in no way seek to replace the The emblem of the Red Cross or the Red punishment or cruel or degrading treaties in force. They were drafted with a Crescent is the sign of such protection and treatment. view to facilitating the promotion of IHL. must be respected. 6. Parties to a conflict and members of their 4. Captured combatants and civilians under armed forces do not have an unlimited the authority of an adverse party are choice of methods and means of warfare. entitled to respect for their lives, dignity, It is prohibited to employ weapons or HUMAN RIGHTS IN ARMED CONFLICTS 215

What Does IHL Protect and How? particular the Red Cross and Red Crescent emblems – which can be used to identify Distinction The victims of today’s conflicts Humanity protected people and places. Historic are not merely anonymous, but By preserving a sphere of monuments, works of art or places of literally countless (...). The aw- humanity in the very heart of worship are also protected. The use of such ful truth is that civilians today armed conflict, international objects in support of the military effort is are not just ‘caught in the cross- humanitarian law keeps open strictly prohibited. Moreover, the fire’. They are not accidental the path towards reconciliation environment is also a concern of IHL, which casualties or ‘collateral damage’ and contributes not only to prohibits methods and means of warfare that as the current euphemism has it. restoring peace among the are intended, or may be expected, to cause All too often, they are deliberate- belligerents but also to fostering widespread, long-term and severe damage to ly targeted. harmony among peoples. the natural environment. KOFI ANNAN, SECRETARY-GENERAL OF INTER-PARLIAMENTARY UNION, 90TH A distinction must be made between THE UNITED NATIONS CONFERENCE, SEPTEMBER 1993 combatants and civilians in the conduct of hostilities, but also between civilian objects International humanitarian law protects and military objectives. This means that not civilians against incidental or collateral individuals who are not or are no longer only civilians as such are protected, but also effects and combatants from unnecessary taking part in the fighting, such as civilians, the goods needed for their survival or suffering. Military necessity is defined as the wounded, the sick, and prisoners of war, subsistence (foodstuffs, livestock, drinking those actions that are necessary to overpower the shipwrecked, and medical and religious water supplies, etc.). the opponent, and the law has been drafted staff. Protection is guaranteed by obliging the so as to take this fully into account. The parties to the conflict to provide them with IHL protects from unnecessary suffering by result is that a certain amount of material assistance and to treat them prohibiting the use of weapons whose effect humanitarian law may not seem to be very humanely at all times and without adverse would be excessive in relation to the military ‘humanitarian’ to a human rights lawyer, but distinction. advantage anticipated, such as exploding it does have the advantage of being precise Certain places and objects, such as hospitals bullets whose aim is to cause untreatable and realistic. and ambulances, are also protected and must wounds. The principles of humanity, not be attacked. IHL defines a number of military necessity and proportionality are clearly recognized emblems and signs – in key in ensuring the goals of protecting 216 HUMAN RIGHTS IN ARMED CONFLICTS

Who Must Respect International 3. INTERCULTURAL PERSPECTIVES primary importance as it is the basic Humanitarian Law? AND CONTROVERSIAL ISSUES requirement for IHL to be applicable. When Only states may become party to states face acts of violence on their territory, international treaties, and thus to the Geneva The Importance of Cultural Awareness they often prefer to deal with these Conventions of 1949, and their two Man’s efforts to limit the brutality of war are occurrences internally. This is so even when Additional Protocols of 1977. However, all universal. Many cultures throughout history another state is indirectly involved in the parties to an armed conflict – whether the have sought to restrain the use of violence in troubles. Accepting that a situation of armed armed forces of states or dissident forces – order to reduce unnecessary suffering and conflict is taking place means accepting that are bound by international humanitarian law. limit destruction. Even if the initial Geneva or those responsible for carrying out the At the beginning of 2003, almost all the Hague Conventions were not universal at violence may be worthy of protection under world’s states – 189, to be precise – were inception, since they were drafted and the rules of IHL, above and beyond the basic party to the four Geneva Conventions of adopted by lawyers and diplomats belonging protection afforded by human rights law. Not 1949. The fact that the treaties are among to the European Christian culture, the surprisingly, governmental authorities tend those accepted by the greatest number of underlying values are universal. This to characterize these perpetrators as countries testifies to their universality. universal dimension of IHL should never be criminals, bandits or terrorists, rather than Currently, 160 states are parties to Additional underestimated or forgotten: very often the combatants, therefore avoiding the rules of Protocol I which relates to the protection of respect and implementation of the rules will IHL. victims of international armed conflict, in fact depend on the establishment of a clear One of the ways in which IHL makes itself whereas Additional Protocol II, relating to the correspondence between the treaties acceptable to states in such situations is by protection of victims of non-international applicable and local traditions or customs. guaranteeing that the applicability of the armed conflict, has 153 state parties. rules will not confer any legitimacy on the Conflicting Views groups involved in the hostilities. The To check whether your state is party to a Regarding the realistic and pragmatic approach of IHL is treaty, contact the ICRC or consult its home Applicability of IHL used to protect the victims of conflict, page: http://www.icrc.org While the principles of IHL have obtained regardless of sides. It is important to note quasi-universal approval, problems of that IHL is a balance between conflicting implementation may arise due to competing concepts: military necessity on the one hand ideas of the point at which manifestations of and humanitarian concerns on the other. violence become an armed conflict. The qualification of a conflict as armed is of » We can learn how easily a HUMAN RIGHTS IN ARMED CONFLICTS person, regardless of nationality, 217 can be trapped by the psychology of brutality when involved in war. Such brutality is often caused by hatred of others, as is clearly illustrated in acts of 4. IMPLEMENTATION AND racism. The most fundamental Measures for Monitoring Compliance MONITORING problem we must address when The International Committee of the Red dealing with any war crime is Cross (ICRC) plays a major role in reminding Given the difficulty of enforcing law in armed the profound fear of death that states that they have undertaken to make the conflict, the state representatives who drafted soldiers experience. In order to humanitarian provisions known and that the treaties of IHL had to devise specific overcome fear during war, people they must take all the necessary steps to implementation mechanisms and adapt the tend to rely upon violence, which ensure that the law is effectively applied and general mechanisms of international law to in turn degrades their morals fully respected. the specific needs of victims of armed and manifests itself as an conflict. Unfortunately, the general and the outbreak of brutality.« Repressive Measures specific mechanisms combined cannot YUKI TANAKA, JAPANESE SCHOLAR International humanitarian law obligates guarantee even a minimum of respect for states to suppress all its violations. Certain individuals in armed conflicts. This can only grave human rights violations, called war be achieved when training and education an obligation to spread knowledge of crimes, are criminalized by IHL. Indeed, make everyone aware that in armed conflicts international humanitarian law as widely as there is a requirement that states enact the enemy is still a human being who possible. It is not enough that the armed domestic legislation to punish war crimes, to deserves respect. forces of a state are taught IHL: civil society search for people who have allegedly and youth also need to be made aware of the committed such crimes, and to bring them Broadly speaking, there are three types of humanitarian perspective on armed conflict. before their own courts or to extradite them strategies employed by IHL to ensure its The immediate focus of IHL is protecting life to another State for prosecution. These implementation: and human dignity in times of war; however, repressive measures may also serve as a by extension, it is also about protecting such deterrent and prevent human rights • Preventive measures values in all of our experiences. As such, violations from reoccurring. • Measures to ensure compliance during alongside human rights education, IHL has a The international community has recently armed conflicts unique contribution to make to citizenship created a permanent International Criminal • Repressive measures education at the local, national and Court (ICC), which will be competent to try international levels. Education and training war crimes, crimes against humanity, and must start in times of peace, in order to genocide. Unlike the ad hoc Tribunals created Preventive Measures inculcate a true humanitarian reflex. for the conflicts in Yugoslavia and Rwanda, States party to the Geneva Conventions – that the ICC will have universal jurisdiction. means almost every state in the world – have The disintegration of families in 218 HUMAN RIGHTS IN ARMED CONFLICTS times of war leaves women and girls especially vulnerable to violence. Nearly 80% of the 53 million people uprooted by wars today are women and children. GOOD TO KNOW When fathers, husbands, bro- thers and sons are drawn away The International Red Cross and Red endure horrific violence, sometimes as direct to fight, they leave women, the Crescent Movement is composed of the targets. Massacres, hostage-taking, sexual very young and the elderly to International Committee of the Red Cross violence, harassment, expulsion, forced fend for themselves. Refugee (ICRC), the National Red Cross and Red transfer and looting, and the deliberate families cite rape or the fear of Crescent Societies of approximately 180 denial of access to water, food and health rape as a key factor in their countries, and the International Federation of care, are some of the practices which spread decisions to seek refuge. Red Cross and Red Crescent Societies. The terror and suffering among civilians. THE STATE OF THE WORLD’S CHILDREN, National Societies act as auxiliaries to the The ICRC maintains a constant presence in 1996 public authorities of their own countries in areas where civilians are particularly at risk. the humanitarian field and provide a range of Special attention is given to women and services including disaster relief and health children since IHL affords them specific • Reminding detaining authorities, that and social programs. The Federation is the protection. female detainees must be put under the organization that promotes cooperation immediate supervision of women and that between national Societies and strengthens Women experience armed conflict in a their sleeping quarters and sanitary their capacity. multitude of ways – from taking an active facilities must be adequately separated As guardian and promoter of IHL, the ICRC part as combatants to being targeted as from those of men. plays the lead role in seeking to preserve a members of the civilian population or • Working at restoring contact between measure of humanity in the midst of armed because they are women. Women’s family members that have been separated conflict. experience of war is multifaceted – it means as a result of armed conflict. separation, the loss of family members and • Providing support to the families of those livelihood, and an increased risk of sexual who have gone missing. 1. GOOD PRACTICES violence, wounding, deprivation and death. Responding to this reality involves: Children are all too often first-hand witnesses Protection of Civilians of atrocities committed against their parents Humanitarian law is founded on the • Teaching arms bearers about women’s or other family members. They are killed, principle of immunity of the civilian rights. mutilated, imprisoned or otherwise separated population. People not taking part in the • Providing assistance for gynecological and from their families. Cut off from the hostilities may under no circumstances be reproductive health care to medical environment familiar to them, even those attacked; they must be spared and protected. facilities and health posts serving victims who manage to escape lack any certainty as In today’s conflicts, however, civilians often of hostilities. to their own future and that of their loved There are children who join for so-called voluntary reasons. But I HUMAN RIGHTS IN ARMED CONFLICTS 219 think one has to be very careful to recognize that there is no voluntary joining, in the sense that the vast majority of children who join willingly do so out of necessity or victimization, fear or ones. They are often forced to flee, security. Unaccompanied • Making sure that the authorities provide abandoned to their own devices and rejected children who have no parents to adequate funds and means for the prisons. without an identity. In addition, children protect them, people who are • Allowing neutral humanitarian organiza- living with their families or left to themselves fearful that they will die of tions such as the ICRC to visit prisoners in conflict zones are potential candidates for hunger or who have inadequate and monitor their treatment. recruitment as soldiers. Deprived of a family, health care may seek military • Restoring family links where they have these child recruits find it almost impossible activity. been disrupted. to imagine life without war. Joining an armed • Supporting human rights organizations DR. MIKE WESSELLS group is a way of ensuring one’s own such as Amnesty International and survival. Responding to this reality involves: Human Rights Watch or local human rights organizations that make public • Promoting respect for the rights of Protecting Prisoners what they learn about the abuse of children amongst arms bearers. One of the consequences of armed conflict is prisoners by their captors. • Banning the recruitment and participation the taking and holding of prisoners. Being of children in armed conflicts. deprived of their freedom puts people in a • Providing child victims of conflict with vulnerable position vis-à-vis the detaining Restoring Family Links adequate medical, psychological and authorities and within the prison environ- In almost all emergencies – armed conflicts, social assistance. ment. This vulnerability is particularly acute mass population displacements, and other • Working at restoring family links by in times of conflict and internal violence, crisis situations – children become separated providing protection for unaccompanied when the excessive and illegal use of force is from their parents, families and other children and tracing missing persons. commonplace and structural deficiencies are responsible adults. Because their status is • Monitoring conditions of detention for exacerbated. IHL includes measures specifi- seldom immediately clear, they are referred children – making sure that they are kept cally intended to protect prisoners. Ways to to as ‘separated or unaccompanied children’ separate from adults unless they are mem- ensure respect for the life and dignity of rather than ‘orphans’. Others, such as the bers of the same family – and working to prisoners include: elderly or disabled, might also be in a bring about the release of children. difficult situation during a conflict. They • Ensuring that those in charge of prisons might remain behind, be isolated and receive training in the rules and are separated from their relatives and unable to penalized if they fail to obey these rules. take care of themselves. Because of their particular vulnerability, the ICRC will 220 HUMAN RIGHTS IN ARMED CONFLICTS

undertake, when necessary, specific A Word about The Emblem • Other voluntary relief agencies subject to measures aimed at their protection and The Geneva Conventions mention three the same conditions as National Societies. family reunification. Some of these measures emblems: the Red Cross, the Red Crescent involve: and the Red Lion and Sun, although only the Three types of misuse of the emblem: first two are now being used. IHL regulates 1. Imitation: a humanitarian organization • Forwarding family news through Red the use, size, purpose and placing of the uses a confusingly similar red cross to Cross messages, radio broadcasts, the emblem, the people and property it protects, identify itself. telephone and the internet, via the who can use it, what respect for the emblem 2. Usurpation: a pharmacist announces International Red Cross and Red Crescent entails and what the penalties for misuse are. his/her business with a Red Cross flag. Movement. 3. Perfidy: combatants use an ambulance • Organizing repatriations and family In times of armed conflict, the emblem may bearing a red cross to carry weapons. reunifications. be used as a protective device only by: • Facilitating family visits to detained • The medical services of an armed force; States must take all measures to prevent and relatives or across front lines. • National Red Cross and Red Crescent repress misuse of the emblem. The most • Issuing ICRC travel documents for those Societies duly recognized and authorized severe cases of misuse are regarded as war who, owing to a conflict, do not have or by their governments to lend assistance to crimes. no longer have identity papers, and are the medical services of armed forces; about to be repatriated or resettled in a • Civilian hospitals and other medical fa- third country. cilities recognized as such by the • Informing and supporting the families of government; missing persons.

Working Principles of Humanitarian confidence of everyone involved in the Action conflict. Impartiality means that priority will In order to be qualified as humanitarian, an be given on the basis of needs. Indeed, organization must abide by certain key humanitarian workers make no distinction principles. The most important of these based on nationality, race, religious beliefs, working principles are neutrality and social class or political opinions. They are impartiality. Neutrality can be understood guided solely by the needs of individuals and as not taking sides. This principle allows must give priority to the most urgent cases. humanitarian workers to gain and keep the HUMAN RIGHTS IN ARMED CONFLICTS 221

The Fundamental Principles of the Red 2. TRENDS and to bring relief to mine victims and mine- Cross and Red Crescent Movement affected communities. This work culminated Humanity – protecting life, health and 140 HUMAN LIVES LOST in 1997 with the adoption of the Ottawa ensuring respect for the human being. 120 Treaty, the Convention on the Prohibition of Impartiality – no discrimination as to the Use, Stockpiling, Production, and Transfer nationality, race, religious beliefs, class or 100 of Anti-personnel Mines and on their political opinions: guided solely by needs. 80 Destruction, which came into force on 1 Neutrality – no side may be taken in the March 1999. It is the first Convention ever to 60 hostilities. Millions of human lives prohibit, under international humanitarian

Independence – full autonomy from all types 40 law, a weapon in widespread use, and it of external authority. became law more quickly than any previous 20 Voluntary service – non-profit organization. multilateral arms-related agreement.

0 Unity – there can only be one Red Cross or 18th century 19th century 20th century The Human Security Network emerged and Red Crescent Society in any one country. consolidated as a result of the Ottawa Universality – a worldwide organization 18th century: 5.5 million Convention preparation and adoption 19th century: 16 million process. This involvement elucidates the World War I: 38 million priorities set on the HSN agenda and the Because of the politically sensitive nature of World War II: >60 million commitment of HSN member states to the the work performed by the ICRC, whether it 1949–1995: 124 million reduction of small arms and the banning of involves visiting prisoners or acting as landmines. neutral intermediary between warring SOURCE: “THE 20TH CENTURY, THE DEADLIEST OF ALL,” THE parties, and because it wants to be present, PARLIAMENTARIAN HANDBOOK As of December 2002, 130 countries had and at least be tolerated by all sides, ratified the 1997 Mine Ban Treaty, and an confidentiality plays an important role in the additional 16 had signed it. The member organization’s work. This principle along The Ban on Anti-Personnel Landmines states of the Human Security Network were with those of neutrality and impartiality Throughout the 1990’s, the International Red among the most ardent proponents of the raises certain ethical dilemmas for humani- Cross and Red Crescent Movement, treaty and the Network has also become one tarian workers who cannot denounce abuses international organizations and a vast of the leading international coalitions for the where doing so might endanger the lives of coalition of NGOs worked relentlessly to treaty’s full and timely implementation. victims or hinder their ability to access those achieve prohibition of anti-personnel mines, who need their assistance. 222 HUMAN RIGHTS IN ARMED CONFLICTS

A Few ICRC Assistance Figures for the Year 7,463 people were issued with travel 2001 documents to allow them to return home or resettle elsewhere. Prison visits 346,807 detainees were visited in Assistance 1,988 places of detention in over 1,000,000 people received direct assistance 70 countries, including and monthly assistance is provided for an 24,479 detainees who were registered and average of visited for the first time. 320,000 internally displaced people and 70,164 people visited a detained relative with some help from the ICRC. 260,000 from resident population. A further The Second World War (1939-1945) saw 32,815 certificates of detention were issued. 96,000 people deprived of their freedom civilians and military personnel killed in received regular assistance. In all, equal numbers, as against a ratio of 1:10 in Restoring Family Links 135,000 tons of food, clothing, blankets, the First World War. In 1949, the 447,004 Red Cross messages were collected tents, etc., worth international community responded to those 418,461 Red Cross messages were distributed 128 million Swiss francs, as well as tragic figures, and more particularly to the 1,897 people whose families had filed tracing 29 million Swiss francs’ worth of medical, terrible effects the war had on civilians, by requests were located water/sanitation and orthopedic materials revising the Conventions then in force and by 1,662 people were reunited with their were distributed in adopting a new instrument: the Fourth families 60 countries. Geneva Convention for the protection of civilians. In 1977, the Additional Protocols were a 3. CHRONOLOGY unprecedented scale. These included poison response to the new challenges for protection gas, the first aerial bombardments and the in decolonization wars as well as to the Some armed conflicts have had a more or capture of hundreds of thousands of development of new military technology. In less immediate impact on the development of prisoners. The treaty of 1925 prohibiting the particular, the Additional Protocol II includes humanitarian law. use of certain methods of warfare and the also dissident armed forces or other The First World War (1914-1918) witnessed treaties of 1929 dealing with the treatment of organized armed groups which, under the use of methods of warfare that were, if prisoners of war were a response to those responsible command, exercise control over not completely new, at least deployed on an developments. a part of the territory. HUMAN RIGHTS IN ARMED CONFLICTS 223

Principal Instruments of IHL and Other Related Instruments

1864 Geneva Convention for the IV Protection of civilian persons in time and use of chemical weapons and on amelioration of the condition of the of war (new) their destruction wounded in armies in the field 1954 The Hague Convention for the 1995 Protocol relating to blinding laser 1868 Declaration of St. Petersburg protection of cultural property in the weapons (Protocol IV (new( to the (prohibiting the use of certain event of armed conflict 1980 Convention) projectiles in wartime) 1972 Convention on the prohibition of the 1996 Revised Protocol on prohibitions or 1899 The Hague Conventions respecting the development, production and restrictions on the use of mines, booby laws and customs of war on land and stockpiling of bacteriological traps and other devices (Protocol II the adaptation to maritime warfare of (biological) and toxic weapons and on (revised( to the 1980 Convention) the principles of the 1864 Geneva their destruction 1997 Convention on the prohibition of the Convention 1977 Two Protocols additional to the four use, stockpiling, production and 1906 Review and development of the 1864 1949 Geneva Conventions, which transfer of anti-personnel mines and Geneva Convention strengthen the protection of victims of on their destruction 1907 Review of The Hague Conventions of international (Protocol I) and non- 1998 Rome Statute of the International 1899 and adoption of new international (Protocol II) armed Criminal Court Conventions conflicts 1999 Protocol to the 1954 Convention on 1925 Geneva Protocol for the prohibition of 1980 Convention on prohibitions or cultural property the use in war of asphyxiating, restrictions on the use of certain 2000 Optional Protocol to the Convention poisonous or other gases and of conventional weapons which may be on the rights of the child, dealing with bacteriological methods of warfare deemed to be excessively injurious or the involvement of children in armed 1929 Two Geneva Conventions: to have indiscriminate effects (CCW), conflict ■ Review and development of the 1906 which includes: 2001 Amendment to Article 1 of the CCW Geneva Convention ■ The Protocol (I) on non-detectable 2002 Coming into force of the Rome Statute ■ Geneva Convention relating to the fragments establishing the first permanent treatment of prisoners of war (new) ■ The Protocol (II) on prohibitions or international criminal court 1949 Geneva Conventions: restrictions on the use of mines, booby 2002 Coming into force of the Optional I Amelioration of the condition of the traps and other devices Protocol to the Convention on the wounded and sick in armed forces in ■ The Protocol (III) on prohibitions or rights of the child, dealing with the the field restrictions on the use of incendiary involvement of children in armed II Amelioration of the condition of weapons conflict wounded, sick and shipwrecked 1993 Convention on the prohibition of the members of armed forces at sea development, production, stockpiling SOURCE: EXPLORING HUMANITARIAN LAW, EDUCATION MODULES III Treatment of prisoners of war FOR YOUNG PEOPLE, ICRC 2002. 224 HUMAN RIGHTS IN ARMED CONFLICTS SELECTED ACTIVITIES

ACTIVITY I: 4. How can IHL pretend to improve prospects • Distribute the discussion questions a week WHY RESPECT IHL? for peace and human security if it accepts or so before the day of the activity so that the reality of war? participants have a chance to think them PART I: INTRODUCTION over and discuss them among themselves For many people, the idea that there can be PART II: GENERAL INFORMATION or with friends and family rules in war seems absurd because they Objectives believe that the very idea of war is in • to understand some of the reasons why Skills involved contradiction to the notion of law or human rules are needed for armed conflict • ability to develop an argument rights. But the fact is that most of the • to become aware of difficult questions that • ability to think critically countries in the world accept and enforce the are raised by the idea of IHL • ability to communicate effectively rules of IHL. Why is that? In the proposed • to become familiar with the reasons for • ability to deal with conflicting opinions discussion, participants will be given some which states respect IHL questions that will help them work through • to understand the complementarity bet- PART III: SPECIFIC INFORMATION some of the main reasons states comply with ween human rights law and IHL Introduction of the topic their humanitarian obligations in times of • to know some of the basic rules of IHL This discussion addresses some difficult armed conflict. questions to which there are no easy Target group: young adults and adults answers. Participants should be encouraged Type of activity: discussion to think creatively and critically, and not to Group size / Social organization: between waste time looking for the right answer. It is Discussion questions: 12 and 20 also important that cynical answers are not 1. If I am winning in a war, why should I ignored, as the point of the activity is for the obey rules that limit my behavior? Time: 90 minutes participants to discover that states have 2. If these rules get broken all the time, why incentives to respect IHL above and beyond do we need them? Preparation and material their moral and legal reasons for doing so. 3. Do we really need IHL in the light of all • Distribute copies of the basic rules of IHL Cynical comments can be used to bring out the Human Rights instruments that exist? as well as the graph showing the comple- these incentives and demonstrate the Why don’t states just make it more mentarity of IHL and Human Rights Law pragmatic nature of IHL. difficult to suspend their human rights • There should be a visible board on which obligations in times of war? to write down some of the key ideas that are brought out during the discussion HUMAN RIGHTS IN ARMED CONFLICTS 225

Discussion process Question 3 Methodological hints The participants are divided into four • Think about good reasons for suspending Encourage students to get beyond the idea of subgroups and each subgroup is assigned certain rights in times of armed conflict what is wrong and what is right and steer one of the four discussion questions. Thirty • Does IHL protect human rights? them toward an exploration of why it is in minutes are allotted to the group discussion • Can you ask combatants to respect the states’ interest to respect IHL. during which the instructor can circulate and right to life when they are fighting a war? help the discussion along by bringing up • Do human rights instruments say anything Suggestions for variation some of the issues listed below. Each about the means and methods of combat? After the discussion has taken place in the subgroup should nominate one rapporteur to subgroups, organize a role play where each report back to the rest of the group once the Question 4 group has ten minutes to use the answers thirty minutes are over. For the remaining • When a conflict ends, do you think that they have come up with in order to convince hour, the floor is open to the entire group to the parties forget what happened during their government that it should ratify the IHL discuss each question in light of what the the hostilities? treaties. One participant can be asked to play rapporteurs have said. • Can the prevention of extensive the role of the doubtful Head of State who destruction contribute to peace? does not see the point of IHL. Question 1 • Think about the repressive measures that • Think about the country’s long-term can be used to ensure justice after a PART IV: FOLLOW-UP interest conflict. How do these contribute to Review world news in recent newspapers and • What if your side starts losing the war? peace? Or do they at all? identify breaches of IHL that have been • What is the role of public opinion? committed in various conflicts. Do the Feedback media, the governments or the United Question 2 Ten minutes at the end of the session should Nations come across as accepting these as a • Does abiding by the rules make the news? be devoted to getting feedback from the fact of war, or do you find that there is • How do we know that the rules get broken group on what they liked or did not like condemnation of such behavior? all the time? about the discussion. If other questions were • imperfect respect of the rules may still raised during the discussion, they should be Further areas of exploration provide protection to some people noted on the board and, perhaps, be used for Complementarity of human rights and IHL • What if sanctions were more consistently future discussion. applied for breaking the rules? SOURCE EXPLORING HUMANITARIAN LAW, EDUCATION MODULES FOR YOUNG PEOPLE, ICRC 2002, P. 93. 226 HUMAN RIGHTS IN ARMED CONFLICTS

ACTIVITY II: ETHICS OF • to understand that even in no-win situ- code of ethics that prevents them from HUMANITARIAN ACTION ations, humanitarian workers cannot avoid disclosing the names of people who gave making a choice: doing nothing is as much them information if it might endanger the PART I: INTRODUCTION a choice as taking some specific action. informants or their desire for privacy. Review An ethical dilemma can be defined as a the part of the module entitled “Working situation in which pursuit of one worthy goal Target group: young adults and adults Principles of Humanitarian Action” and make conflicts with another worthy goal or leads to sure participants understand the principles of harm as well as good. Humanitarian workers Group size/Social organization: between 12 neutrality and impartiality. Write out on the often experience ethical dilemmas in their and 20 board the main consideration of a humani- work. As a result of this, much criticism is tarian worker in delivering assistance: directed at humanitarian action more Time: 60 minutes assisting and protecting those in need. generally. It is important to understand what types of dilemmas are involved in providing Preparation and material Case study process humanitarian assistance and to discuss Distribute copies of the four cases described The cases are distributed and read out loud whether sustainable alternatives exist. In the below and post the questions that illustrate by participants. The ethical dilemma must be proposed activity, participants will have to each situation where everyone can see. identified by the participants. The debate analyze situations which present an ethical should center on whether or not the dilemma and decide what action they would Skills involved humanitarian effort should be continued in take. In doing so, they will also develop • Ability to see a problem from various light of the dilemma identified. arguments to repudiate the criticism. angles • Ability to develop a personal opinion A. Aid agencies came to the rescue of Type of activity: case study • Ability to solve problems desperate civilians in a war-torn area. • Ability to empathize Since the agencies provided outside PART II: GENERAL INFORMATION support for civilian survival, the groups Objectives PART III: SPECIFIC INFORMATION who were waging the war were able to • to be aware of the principles, such as Introduction of the topic ignore the needs of their own civilians. those of neutrality and impartiality, that Ask whether anyone knows of specific codes This outside aid enabled them to use all guide humanitarian action of conduct that bind the behavior of people their country’s resources to supply their • to understand some of the dilemmas that in doing the work of their profession. soldiers. And that helped to keep the war humanitarian workers may face in perfor- Answers could include the rules and duties a from ending. ming their work medical doctor has to follow or journalists’ ➢ Are we prolonging the war? HUMAN RIGHTS IN ARMED CONFLICTS 227

B. Civilians fled to a Protected Zone that was D. To reinforce control of a village in a principles of neutrality and impartiality. If the set up as a haven for victims of “ethnic fighting zone that rebel fighters used for discussion has strayed from these points, the cleansing” in their country. From the zone, shelter, the civilians were forced to settle instructor may want to point out the fact that humanitarian workers assisted in their in a camp 30 kilometers from their home. there are many actors involved in an armed evacuation to refugee centers outside the Humanitarian aid agencies were asked to conflict whose actions complement those of country. This humanitarian action thereby take food and medical assistance to the the humanitarian workers. contributed to ethnic cleansing by camp. Doing so, however, would sanction removing the victims from their the forced displacement of civilians. Suggestions for variation homeland. ➢ Are we sanctioning forced displace- After the discussion, a few participants are ➢ Are we assisting policies of ethnic ment of civilians? asked to act out the following situation: separation? An aid worker is standing at the gate of a To help the participants think about these refugee camp. He is faced with a family that C. Two countries are at war, and casualties situations, the instructor should ask whether wants to enter but fears enemies inside the among the civilian population are inaction in these cases is a valid alternative. camps. The father insists he has to keep his enormous. Some voices in other countries gun to protect his sick wife and baby. The decry the victims’ plight, but no foreign Feedback family is also terrified of becoming separated. government is willing to intervene either Ten minutes at the end of the session should After they acted out the scenario, the to get the two fighting parties to stop or to be devoted to getting feedback from the participants discuss the principles the aid put pressure on them to spare the civilian group on what they liked or did not like worker has to consider and whether some population. “What does it mean to try to about the activity. If questions regarding the principles conflicted with others in this bring humanitarian assistance when we work of specific organizations were raised situation. know perfectly well that it will be only a during the discussion, they should be noted ‘drop in the ocean’ and that without and could form the basis for an assignment. PART IV: FOLLOW-UP foreign political pressure or military Further areas of exploration intervention, we humanitarian organiza- Methodological hints Do human rights activists face ethical tions just provide a good conscience for This activity may be frustrating for the dilemmas in carrying out their work? the world?” laments a humanitarian wor- participants because it will not yield any ker. clear answers. What is important is that the SOURCE EXPLORING HUMANITARIAN LAW, EDUCATION MODULES ➢ Does humanitarian action provide a analysis focus on the humanitarian workers’ FOR YOUNG PEOPLE, ICRC 2002, P. 359. pretext for politicians´ non-involve- perspective and that participants always refer ment? back to the consideration of protecting and assisting those in need as well as the 228 HUMAN RIGHTS IN ARMED CONFLICTS REFERENCES

Bouvier, Antoine. 2000. International Humanitarian European Community Humanitarian Office (ECHO): Organization of American States (OAS): Law and the Laws of Armed Conflict, Distance Learning http://europa.eu.int/comm/echo/index_en.htm. http://www.oas.org Course Designed for the United Nations Institute for Training and Research, UNITAR POCI. Fleck, Dieter. 1999. The Handbook of humanitarian law Organization of the Islamic Conference (OIC): in armed conflicts. http://www.oic-oci.org Discover the ICRC, ICRC May 2002. Available online at: Handicap International: OXFAM: http://www.oxfam.org http://www.icrc.org/web/eng/siteeng0.nsf/iwpList2/Ab http://www.handicap-international.org out_the_ICRC:Discover_the_ICRC. Provost, Renâe. 2002. International human rights and Human Rights Watch: http://www.hrw.org humanitarian law. Dunant Henry. 1986. A Memory of Solferino. ICRC. InterAction: http://www.interaction.org Save the Children-UK: ICRC. 2001. Human Rights and the ICRC, International http://www.savethechildren.org.uk Humanitarian Law, ICRC July 2001. International Council of Voluntary Agencies (CVA): http://www.icva.ch The Food and Agriculture Organization (FAO): ICRC. 2002. Exploring Humanitarian Law, Education http://www.fao.org modules for young people. ICRC. Inter-American Development Bank (IDB): http://www.iadb.org The Office of the United Nations High Commissioner ICRC. 2002. International Humanitarian Law: Answers for Refugees (UNHCR): http://www.unhcr.ch to your Questions. ICRC. International Humanitarian Law Research Initiative: http://www.ihlresearch.org/portal/ihli/portalhome.php The United Nations Department of Peacekeeping International Committee of the Red Cross: Operations (UNDPKO): http://www.icrc.org International Save the Children: http://www.un.org/Depts/dpko/dpko/home.shtml http://www.savethechildren.net The United Nations High Commissioner for Human Liaison Committee of Development NGOs to the Rights (UNHCHR): http://www.unhchr.ch European Union: ADDITIONAL INFORMATION http://www.ids.ac.uk/eldis/data/d021/e02162.html. The United Nations Office of the Coordinator for Humanitarian Affairs (OCHA): Action contre la Faim (ACF): http://www.acf-fr.org Mac Coubrey, Hilaire. 1990. International humanitarian http://www.reliefweb.int/ocha_ol Law. The regulation of armed conflicts. CARE International: http://www.care.org The World Food Program (WFP): http://www.wfp.org Médecins du Monde: Caritas Internationalis: http://www.caritas.org http://www.medecinsdumonde.org Voluntary Organizations in Cooperation in Emergen- cies (VOICE): http://www.ngovoice.org Conference of NGOs in Consultative Relationship with Médecins sans Frontières (MSF): http://www.msf.org the United Nations (CONGO): World Vision International: http://www.wvi.org http://www.ids.ac.uk/eldis/data/d021/e02162.html NGO Millennium Forum: http://www.millenniumforum.org Disasters Emergency Committee (DEC): http://www.dec.org.uk Organization of African Unity (OAU): http://www.africa-union.org/fr/home.asp WORK

HUMAN RIGHTS IN THE WORLD OF WORK THE RIGHT TO WORK AND WORK-RELATED HUMAN RIGHTS

»...Universal and lasting peace can be established only if it is based on social justice...«

CONSTITUTION OF THE INTERNATIONAL LABOR ORGANIZATION 230 WORK ILLUSTRATION STORY

Appalling Working Conditions in Free on it (26-40 Euro a month!). The business- SOURCE: THIS STORY, INVESTIGATED BY KLAUS WERNER AND Trade Zones men both feared that the employees could HANS WEISS, TWO JOURNALISTS, HAS BEEN ADAPTED Xiao Shen, a young girl who lived in a little steal their goods, so was set up like FROM THEIR PUBLICATION “BLACK BOOK ON BRAND rural village called Zhongyuan in the middle a prison, where the workers lived 24 hours a COMPANIES”. AS A VERY FACT INTERNATIONAL HUMAN RIGHTS BODIES AND NGOS ARE INCREASINGLY of China, had a harsh existence. She had little day. All windows were bared and all CONCERNED ABOUT THE BAD WORKING CONDITIONS IN to no rice to eat and no future prospects. Day emergency exits were blocked. State THE SO CALLED “FREE-TRADE ZONES”. after day she had to kneel in deep water superintendents were bribed to turn a blind helping her father with the rice crop. eye to these conditions. Finally, one day she decided to leave. She had Day after day Xiao Shen lived behind bars, DISCUSSION QUESTIONS: heard about a better, foreign place far away unable to leave the building, unable to lead a somewhere behind the forbidding mountains. normal life, without her own space. On the 1. Which human rights are violated by the And so one morning before sunrise she and afternoon of 19 November 1993 a fire broke conditions under which Xiao Shen needs some of her friends who shared her dreams of out and spread out all over the building with to work? a better life left home. Two thousand uncontrollable speed. Highly flammable 2. What are the major problems connected to kilometers and endless days of strain, anxiety chemicals were stored throughout the the right to work? and uncounted tears later they reached their building, causing an inferno of nightmare 3. Which measures could be taken on an destination – a town called Shenzhen, a free proportions. Xiao Shen and the others international scale to enhance the trade zone in the South of China next to the desperately tried to flee the fire – but how? All prospects or at least the working border of Hong Kong. There they hoped to find windows were bared and all doors were conditions of employees like Xiao Shen? work, earn money and to fulfill their dreams. closed. Two hundred men and women, many Xiao Shen happened to get to know two of them not older then sixteen, were literally businessmen called Huang Guoguang and circumvented by flames screaming for their Lao Zhaoquan, who were hiring workers for lives. Xiao Shen managed to break open one their “Zhili Handicrafts Factory”, a company of the bared windows in the second floor and that produced toys. Xiao Shen was one of the had the decision between either jumping or 472 employees and pretty soon she got the burning alive. She decided to jump and broke impression that she was even worse off now both of her ankles – but she survived. then she used to be in her little village. From Altogether 87 people lost their lives this dusk till dawn she drudged in the Zhili-factoy afternoon and over 47 were seriously injured. for a starvation wage – just enough to survive WORK 231 NEED TO KNOW

1. “THE WORLD OF WORK IN THE insecurities are leading to tensions between Work and Human Security 21 ST CENTURY” different sectors of society. Social and economic security is an important Heightened competition as a result of the aspect of human security. In this regard the New technologies and the global data- liberalization of trade and financial regimes right to work and rights at work play a highway have the potential to transform the exerts a high pressure on companies to crucial role in the achievement of human world of work even more than the Industrial reduce production costs. To meet these security. People without an access to work Revolution. targets they can either reduce the cost- are either dependent on social aid or have no Due to ongoing industrialization, the 20th intensive factor of production “work” prospects at all. The right to work as a century has seen the further decline of the through automation, making labor redun- human rights standard goes far beyond the agricultural sector and the increasing dant, or transfer production to low-wage mere safeguarding of survival, because the importance of the services sector. The countries, where social standards are much satisfaction of basic needs will not suffice to liberalization of the world market and the lower. On the whole pay and working enhance human security. Worker’s rights “cyber revolution” have meant that conditions may be pressured downwards. secure decent working conditions, but also opportunities in the global economy have Too often exploitation, forced and child labor protect against discrimination and become much broader. are the consequences. exploitation at the workplace. Work shall not This new global economy calls for highly The “globalization” phenomenon affects only secure survival and well-being, but has specialized workers, who have to be well- people in all parts of the world but its also to do with one’s relation and trained, flexible and highly motivated, as positive outcomes are spread unevenly. participation in the society. It is also closely well as willing to adapt themselves faster to Governments however have decreasing related to self-determination, self-respect, current market demands. Workers are having powers to mitigate the negative effects of the self-realization and therefore to human to cope with increasing stress and changing lowering trade barriers, mostly due to the dignity. Besides leading to personal working conditions in the light of accelerated new “global players”: multinational enter- insecurity, dangerous, unhealthy or unjust technological and structural change. More prises. working conditions, unemployment and the and more people work part-time, are self- denial of trade unions are prone to produce employed or face unstable working The social dimension of globalization has unrest and thus create insecurity and conditions. In this regard globalization is to become a major concern of international unstableness in a society. For these reasons exposing social gaps between those with the policies. More than ever it is important to the promotion of standards of decent work education, skills and mobility to flourish in promote social standards and human rights without exploitation is conditional for the an integrated world economy, and those on an international scale in order to secure enhancement of human security. without. These new inequalities and social stability, peace and development, giving a human face to the global economy. 232 WORK

In order to understand how the humane this right would require a complete reorgani- nations disregarding labor standards and dimension of labor gained ground it is zation of society. finally, in 1905 and 1906 the first two necessary to take We come across this view of the right to work international labor conventions were adop- again in Socialist theories; Communist ted. Initiatives to draft and adopt further “A LOOK BACK IN HISTORY” governments later promoted it as well. It can conventions were interrupted by World be said therefore, that the right to work has a War I. The role of social justice and just working rather “socialist tradition.” The Treaty of Versailles, ending the war conditions in promoting peace and finally recognized the interdependence development should not be underestimated. 19th century: The Industrial Revolution lead between labor conditions, social justice and Injustices, hardships and privation related to to the emergence of the working class, a universal peace on an international scale, work are liable to produce unrest. The social group dependent on wage labor due to assigning the foundation of the ILO as a recognition that decent work is a precondi- the lack of production means. Workers were mechanism for international standard setting tion for human dignity is predominantly the exploited and suffered dangerous working in the field of work and labor. result of worker’s struggles for their rights. conditions in factories, textile mills and In this context the concept of labor as a Consequently worker’s rights have been mines. The impoverishment of workers human value, social need and means of self- embodied in the ILO’s labor legislation since created a feeling of solidarity among them realization developed and enhanced. 1919 and in the UN’s post World War II and they started to organize (Karl Marx in Between 1919 and 1933 the ILO drafted forty standard-setting. “Workers of the World, Unite!”). conventions addressing a wide range of Gradually the voice of workers grew louder work-related issues. 18th Century: The idea that work is a and their situation was increasingly The stock market crash in 1929, known as fundamental entitlement of all members of publicized. Due to the pressure from the first “Black Friday” resulted in a severe setback. It society was a claim initially advanced in the trade unions, reform laws relating to caused a large economic slowdown accom- French Revolution. Charles Fourier, a utopist working hours and conditions were passed in panied by large scale unemployment. social philosopher was the first to use the a number of countries. Continued labor Demonstrations and riots of unemployed term “right to work” and emphasized the unrest, however, pressured industrialists and workers followed. In Germany the world importance of work not only for the social governments to consider further measures. economic crisis was followed by a severe but also for the psychological well-being of political crisis, contributing to the rise of the individual. He maintained that states had 20th century: Some industrialists proposed Adolf Hitler and finally leading to World an obligation to provide equivalent oppor- setting common international standards in War II. tunities and concluded that the realization of order to avoid comparative advantages of WORK 233

» Decent work is a global demand today, confronting political and business leadership worldwide. Much of our common future After World War II: The United Nations INTERNATIONAL LABOR depends on how we meet this consequently included economic and social LEGISLATION challenge.« concerns in its aims and programs for a new The International Labor Organization world order, to prevent such a situation ILO, 1999 (ILO) arising again. The International Labor Organization was The link between work and human dignity created in 1919. It was founded mainly to was emphasized in the Declaration 2. DEFINITION AND DESCRIPTION give expression to the growing concern for Concerning the Aims and Purposes of the OF THE ISSUE social reform after World War I. It is based on International Labour Organisation adopted the strong belief that poverty is a danger to in Philadelphia in 1944 (known as the Examples of human rights violations in the prosperity and security everywhere and aims “Declaration of Philadelphia”; incorporated context of work range from children working to improve conditions for working people all in the ILO Constitution in 1946) stating that in coal mines, trade-unionists that are over the world without discrimination as to “Labour is not a commodity” and that “all imprisoned to modern slavery, such as race, gender or social origin. human beings...have the right to pursue both bonded labor or the commercial sexual In 1947 the ILO became a specialized agency their material well-being and their spiritual exploitation of children. Human rights from of the United Nations and in 1969 it was development in conditions of freedom and this perspective also deal with bad working granted the Nobel Peace Prize for its work. dignity, of economic security and equal conditions such as an unhealthy or opportunity.” dangerous working environment or Among the UN agencies the ILO is unique This was also spelt out in the Papal exploitative hours of work. Issues falling because it enjoys a tripartite structure, Encyclical “Laborem Exercens” of 1981, under this topic cover the protection of whereby decisions reached by its organs which enhanced the position of workers as particularly vulnerable groups in the world of represent the views of employers and subjects and not objects from a philosophical work as for example women or migrants. workers as well as those of governments. and religious viewpoint. And last but not least the link between Much has been done to improve the fate of human dignity, human security and decent The ILO workers all over the world, by the ILO as well working conditions needs to be discussed. • formulates policies and programs to as the UN. Today however, in the light of the In the following, the two major international promote basic human rights, to improve globalizing economy, new challenges and mechanisms for the protection of the right to working and living conditions and new insecurities require new and more work and worker’s rights, the ILO System on enhance employment opportunities; complex solutions. the one hand and the International Bill of • establishes international standards Human Rights on the other, will be set forth. (conventions and recommendations) in 234 WORK

these fields and monitors their national and vocational training and providing As a response to the new challenges posed by implementation; protection for women, migrants and globalization on 18 June 1998 the ILO • conducts an extensive program of indigenous people. adopted the Declaration on Fundamental technical cooperation to help countries in Only a handful of conventions of the ILO Principles and Rights at Work and its making its policies effective. however are usually referred to as basic Follow up. It precisely defines which labor human rights conventions. Below you can standards or worker’s rights are The ILO has drafted some 180 Conventions, find a list of these most important ILO fundamental, namely the core ILO laying down standards in such fields as conventions together with their ratification conventions in the box above. This is an conditions of work, occupational safety and status. important first step to carefully directed health, social security, employment policy international efforts to meet these challenges. It reflects the commitment of states to a common set of values expressed in a certain The ILO’s most important conventions number of rules constituting a “social minimum”. Ratification of core International Labour Organization Conventions The declaration is binding upon all members (as of 8 January 2003) of the ILO notwithstanding whether they Principle Conventions Number of countries ratifying have ratified the conventions in question or Freedom of association and protection Convention 87 (1948) 141 not. States that have not ratified the core of the right to organize and collective Convention 98 (1949) 152 conventions are asked to submit reports on bargaining progress made in implementing the principles enshrined in the Declaration. Minimum working age Convention 138 (1973) 120 The ILO also issues a global report on the Prohibition of forced labor Convention 29 (1930) 161 progress made in implementing the Convention 105 (1957) 158 fundamental principles of all member states every four years, which serves as a basis for Rights to equal remuneration and Convention 100 (1951) 160 assessing the effectiveness of the action prohibition of discrimination in Convention 111 (1958) 158 taken during the preceding period. employment and occupation

SOURCE: ILO, 2003 WORK 235

WORK-RELATED HUMAN interests. Everyone has the right to rest and • forced to work – through mental or RIGHTS IN THE leisure, including reasonable limitation of physical threat; INTERNATIONAL BILL working hours…Everyone has the right to a • owned or controlled by an ‘employer’, OF HUMAN RIGHTS standard of living adequate for the health and usually through mental or physical abuse well-being of himself and his family…and the or threatened abuse; The Universal Declaration of Human right to security in the event of unemploy- • dehumanized, treated as a commodity or Rights ment, sickness…disability…or other lack of bought and sold as ‘property’; The Universal Declaration of Human Rights livelihood…” • physically constrained or has restrictions contains a wide range of human rights placed on his/her freedom of movement. UNIVERSAL DECLARATION OF HUMAN RIGHTS, relating to work. All these rights are further ARTICLES 4, 20, 23, 24 AND 25 developed in the Covenants which make What Types of Slavery Exist them binding upon States Parties. Below you Today? can find an extract of the UDHR listing the The International Covenant on Civil and Bonded labor – affects at least 20 million rights in question, that will be described in Political Rights people around the world. People become detail subsequently. Freedom from Slavery bonded laborers by taking or being tricked “No one shall be held in slavery or Article 8 ICCPR states that “No one shall be into taking a loan for as little as the cost of servitude…Everyone has the right to freedom held in slavery…No one shall be required to medicine for a sick child. To repay the debt, of peaceful assembly and association … perform forced or compulsory labor…” they are forced to work long hours, seven Everyone has the right to work, to free choice Although universally condemned, slavery days a week, 365 days a year. They receive of employment, to just and favorable and forced labor practices are still in basic food and shelter as ‘payment’ for their conditions of work and to protection against existence in various forms today. Often they work, but may never pay off the loan, which unemployment. Everyone, without any are deeply rooted in either ideological can be passed down through several discrimination, has the right to equal pay for considerations or in the legacy of traditional generations. equal work. Everyone who works has the right cultural settings. According to the ILO there Forced labor – affects people who are to just and favorable remuneration ensuring is an apparent link to undemocratic illegally recruited by governments, political for himself and his family an existence structures. Millions of men, women and parties or private individuals, and forced to worthy of human dignity, and supplemented, children around the world are forced to lead work – usually under threat of violence or if necessary, by other means of social their lives as slaves. Although this exploita- other penalties. protection. Everyone has the right to form and tion is often not called slavery, the conditions join trade unions for the protection of his are the same. A slave is: 236 WORK

Worst forms of child labor – refers to The International Covenant on Economic, have to take steps by all appropriate means children who work in exploitative or Social and Cultural Rights to achieve progressively the full realization of dangerous conditions. Tens of millions of the right (Article 2 ICESCR). children around the world work full-time, The Right to Work deprived of the education and recreation Article 6 ICESCR provides for the right to The Right to just and favorable conditions of crucial to their personal and social develop- work, which includes the right of everyone to work ment. the opportunity to gain his living by work Article 7 ICESCR –… States Parties … Commercial sexual exploitation of children freely chosen or accepted. The steps to be recognize the right of everyone to…just and – children are exploited for their commercial taken…to achieve the full realization of this favorable conditions of work which ensure… value through prostitution, trafficking and right shall include technical and vocational fair wages and equal remuneration for work pornography. They are often kidnapped, guidance and training programmes. of equal value without distinction of any bought, or forced to enter the sex market. Work: Right or Obligation? kind…; a decent living…safe and healthy Trafficking – involves the transport and/or Why do we need a human right to something working conditions; equal opportunity for trade of humans, usually women or children, that is a duty, related to strain or mental or everyone to be promoted …; rest, leisure, and for economic gain using force or deception. physical effort? For these negative impli- reasonable limitation of working hours … Often migrant women are tricked and forced cations, there is often confusion about the This article inter alia provides for minimum into domestic work or prostitution. concept of the right to work. Work, however, remuneration guaranteeing a decent living as Early and forced marriage – affects women is closely related to human dignity and to well as for just and favorable working and girls who are married without choice and one’s participation in society, whereas conditions. It is closely related to a large are forced into lives of servitude often unemployment can lead to severe frustration number of conventions adopted by the ILO accompanied by physical violence. and even depression. Work can also be a that are also used by the Committee on Traditional or ‘chattel’ slavery – involves means of self-realization and contributes to Economic, Social and Cultural Rights to the buying and selling of people. They are the development of personality. concretize States’ obligations arising from often abducted from their homes, inherited The right to work ensures that nobody is this provision. or given as gifts. excluded from the world of work per se, i.e. this right deals predominantly with access to The Right to Form and Join Trade Unions SOURCE: work, but also covers protection of unfair Article 8 ICESCR …States Parties recognize ANTI SLAVERY, 2002 dismissal. However, it does not include a the right of everyone to form trade unions and guarantee to work and in fact, unemploy- join the trade union of his choice…for the ment exists in all states, but governments promotion and protection of his economic and social interest…; the right to strike… WORK 237

Banding together in organizations has always An important milestone in the recognition of respect of freedom of association, to join and been a way for people to enhance their the equal rights of women in the access to form trade unions. These rights are security, whether at their workplace or economic opportunities has been the frequently violated as they have the potential within their community or nation. adoption of the UN Convention on the to pressure a state to implement other Art. 8 ICESCR is linked closely to the right to Elimination of All Forms of Discrimination important workers’ rights. freedom of association. The right to Against Women (CEDAW), an international collective bargaining makes freedom of instrument addressing also the reproductive ➢ the obligation to protect: association effective in the world of work. rights of women. In order to prevent States parties are obliged to lay down These rights are considered so important, discrimination against women on the minimum standards, below which the because they often hold the key to the grounds of marriage or maternity and to working conditions of no worker should be realization of other fundamental rights and ensure their right to work, states parties shall allowed to fall. The right to work furthermore entitlements at work. Yet they do not always prohibit dismissals on the grounds of requires protection of unfair dismissals and have the same public commitment or pregnancy or of maternity leave and in any case states have to assure protection identification as, for example, the struggle discrimination on the basis of matrimony. against discrimination in access to work. against child labor. Furthermore, they shall introduce maternity leave with pay or with comparable social ➢ the obligation to promote: Equality of Treatment and Non-Discrimi- benefits without loss of former employment. With regard to work this obligation can be nation Rights understood as an obligation to facilitate When discussing work-related rights, Levels of Obligation access to work, providing vocational gui- provisions on the principles of non- The ultimate effectiveness of international dance and training facilities. discrimination and equality of treatment instruments is always contingent on the cannot be left out. The rules of non- measures taken by governments to give effect ➢ the obligation to fulfill: discrimination and equal treatment pervade to their international legal obligations. Although the right to work is often misunder- the whole law of social rights. Special Duties of states relating to the aforemen- stood in this regard, it does not require states attention needs to be given to rules securing tioned rights include: to guarantee a job to everyone, but calls on the equal treatment of women in the labor states to pursue policies to achieve steady market. ➢ the obligation to respect: economic, social and cultural development Human Rights of Women Module. The most basic obligation is that states and full and productive employment. respect the freedom from slavery and forced labor. Another very important aspect is the 238 WORK

3. INTERCULTURAL “You’re not going to catch many fish that fishing boats, sail all over the world, and let PERSPECTIVES way,” said the tourist, “You should be your employees catch fish for you!” AND CONTRO- working harder rather than lying on the VERSIAL ISSUES beach!” Once again the fisherman asked, “And then what will my reward be?” Within this international legal framework, The fisherman looked up, smiled and replied, implementation activities have to take into “And what will my reward be?” The tourist was red with rage and shouted at consideration the developmental and insti- the fisherman, “Don’t you understand that tutional diversity of people who experience “Well, you can get bigger nets and catch more you can become so rich that you will never an increasingly common world of work in fish!” was the tourist’s answer. have to work for your living again! You can different ways. The well-known parable of spend all the rest of your days sitting on this the fisherman is a good illustration for the “And then what will my reward be?” asked beach, looking at the sunset. You won’t have fact that “work” has a different value in the fisherman, still smiling. a care in the world!” different cultural settings and that measures changing the patterns of work have to be The tourist replied, “You will make money The fisherman, still smiling, looked up and well-balanced. and you’ll be able to buy a boat, which will said, “And what do you think I’m doing right then result in larger catches of fish!” now?” A Parable: The Fisherman One late morning a fisherman was lying on a “And then what will my reward be?” asked beautiful beach, with his nets dispersed in the the fisherman again. 4. IMPLEMENTATION AND sand, he was enjoying the warmth of the sun, MONITORING glancing at the sparkling blue surf now and The tourist was beginning to get a little then. irritated with the fisherman’s questions. “You Conventions ratified by states are binding can buy a bigger boat, and hire some people upon them. Yet the effectiveness of inter- About that time, a tourist came walking down to work for you!” he said. national instruments depends on the the beach. He noticed the fisherman sitting on willingness of states to enforce them through the beach and decided to find out why this “And then what will my reward be?” national laws and to conform with the fisherman was relaxing instead of working findings of the monitoring authorities. There hard to make a living for himself and his The tourist was getting angry. “Don’t you are only limited possibilities of sanctions family. understand? You can build up a fleet of against a state in breach of its obligations, WORK 239

often the enforcement depends on the Besides this supervisory mechanism the ILO the Covenant. It is comprised of 18 in- “mobilization of shame”. In the globalizing provides two complaints procedures for the dependent experts. economy weak enforcement mechanisms implementation of labor standards. The first State Parties to the Covenant have to submit have led to calls for linking human rights, allows employers’ or workers’ organizations reports every 5 years, outlining judicial, and particularly labor rights, with trade. This to file a complaint against a member state. policy and other measures which they have would open the possibility of trade sanctions The second allows a member state to make a taken to guarantee economic, social and against states violating international complaint against another member state. cultural rights. After analysis of reports standards. This issue however is highly Thereafter a commission of inquiry may be through the Committee and discussion with controversial. Trade sanctions would force appointed. The findings of these commis- delegates of the states concerned the states to take measures, e.g. the prohibition sions are regularly received by the Committee issues its considerations in of child labor, but regularly the problems governments concerned. “concluding observations”. On several require much more complex solutions. It is worth mentioning that besides this there occasions the Committee has identified is also a special Committee on Freedom of violations of the Covenant and subsequently For the enforcement of international Association for examining allegations of urged states to desist from any further standards the ILO and the UN assign various violations of trade union rights. Complaints infringements of the rights in question. supervisory and complaints procedures. may be made against any government It is not yet possible, however, for individuals whether it has ratified the relevant or groups to submit formal complaints on the States Parties to ILO Conventions have to conventions or not. Since its inception in infringement of their rights to the Committee. submit periodic reports that are analyzed and 1950 the Committee has had success ranging commented by the Committee of Experts on from the amendment of laws, the the Application of Conventions and reinstatement of dismissed workers to the Recommendations. The Reports of this release of imprisoned trade union members. Committee are consequently submitted to the annual International Labor Conference. The assigned UN body that monitors the Though this procedure may seem a rather appropriate implementation of the ICESCR is toothless instrument of implementation, the Committee on Economic, Social and about 2000 changes in national labor and Cultural Rights. Unlike other human rights social legislation in over 130 countries have treaty bodies it was not established by its been noted since 1967! corresponding instrument, but entrusted by the ECOSOC in 1985 with the monitoring of 240 WORK GOOD TO KNOW

1. GOOD PRACTICES In partnership with the African Football DID YOU KNOW THAT... Confederation and the organizers of the ...some 250 million children between the ➢ International Programme for the African Cup of Nations (COCAN), IPEC ages of 5 and 14 work either full-time or part- Elimination of Child Labor (IPEC) carried out a major campaign to raise time. This means out of 100 children in this The ILO has developed the International awareness on child labor issues on the world, 16 work for a living. Programme for the Elimination of Child occasion of the 2002 Championship in Mali. ...almost half of those, some 120 million, Labor (IPEC). Working together with natio- With a simple and straightforward message: work full-time, every day, all year round. nal governments, as well as NGOs, it “Red Card to Child Labor”, understandable to ...70 % of them work in agriculture. develops special programs, taking into anyone familiar with the sport of football, the ...70 % of them work in a dangerous account the complexity of the matter and the campaign used a variety of different media – environment. necessity for thoughtful and consistent video, popular music and print, distributed ...of the 250 million children concerned, methods of remedying the problem. It has to through television, radio, two international some 50 million to 60 million are between 5 find alternatives to child labor, for example airlines and the football matches themselves and 11 years and work, by definition, in launching programs to withdraw the children – to reach millions of people in Africa and hazardous circumstances, considering their from labor and provide them with beyond. Activities were carried out in 21 age and vulnerability. educational alternatives as well as their African nations and the national media in ...child labor is also common in developed families with alternate sources of income and several countries widely publicized the countries. For example in the United States, security. During its ten years of existence, campaign. It is estimated that 12 million more than 230 000 children work in IPEC has been able to enlarge its operational people received the message in Kenya and 5 agriculture and 13 000 in sweatshops. activities from the initial 6 to a current total million in Zambia alone. In some African of 82 countries. countries, such as Egypt and Ghana, SOURCE: UNITED NATIONS enthusiasm for the campaign was so great Global estimate of economically active that it will continue to be part of many children ages 5 to 17 in 2000 upcoming national or local football ➢ Codes of Corporate Conduct Dealing Age group Ratio of number at work competitions and other public events. with Labor and Human Rights: to total population (%) The multinational companies cannot evade 5–9 12,2 the accountability for their activities 10–14 23,0 anymore. Consumers and NGOs exert Total (5–14) 17,6 considerable pressure on them to improve 15–17 42,4 working conditions in their companies. Total (5–17) 23,0 SOURCE: ILO WORK 241

Increasingly this pressure results in the the right direction to increased social The Fairtrade Foundation adoption of codes of corporate conduct, accountability. exists to ensure a better deal including human rights, labor standards as for marginalized and dis- well as environmental concerns. For more ➢ Labeling of Items advantaged Third World examples see The labeling of items produced in conformity producers. The Foundation http://www1.umn.edu/humanrts/links/sicc. with good social practices is increasingly awards a consumer label, the html urged as a contribution to better social FAIRTRADE Mark, to pro- practices and protection of human rights. It ducts which meet internationally recognized The most prominent example is probably the permits consumers to influence production standards of fair trade. The label is on sale in Levi Strauss and Co. Business Terms of practices by using their purchasing power in most major European supermarket chains. Engagement and Guidelines for Country support of good practices. Today there are Selection, which are directed to the labeling initiatives in 17 countries, mainly company’s contractors and suppliers. They throughout Europe and North America, and ➢ The Global Compact cover, inter alia, occupational safety and the product range now includes coffee, health, freedom of association, wages and drinking chocolate, chocolate bars, orange » Let us choose to unite the powers benefits, working time, child labor, forced juice, tea, honey, sugar and bananas. of markets with the authority labor and non-discriminatory hiring Rugmark, for example, is a of universal principles.« practices. global nonprofit organization working to end child labor. It KOFI ANNAN, UN SECRETARY-GENERAL These efforts certainly have a positive effect offers educational opportuni-

on social conditions, but they frequently do c ties for children in India, The “Global Compact” (GC) is based on an not aim at a very high level of standards, as Nepal and Pakistan. The idea launched by UN Secretary-General Kofi for example provided by the international RUGMARK label assures that no illegal child Annan in an address to the World Economic human rights instruments, but rather of labor was employed in the manufacture of a Forum on 31 January 1999 calling on the national standards. Furthermore they lack carpet or rug. business community to comply with values effective monitoring systems. It can be universally supported and endorsed. The argued, therefore, that often they pay nothing emerging trend of corporate accountability more than lip-service to established lacked an international framework to assist standards. Nonetheless they are a step into companies in the development and promotion of global, values-based 242 WORK

management. The GC closed that gap and recognized as a positive step in encouraging conditions have certainly improved with received great acceptance from the business corporations to act responsibly, some increased publicity, yet problems remain. community. question whether its implementation can be EPZs can be found in at least 70 countries. It lays down 9 core values, embracing human effective. Critics argue that challenges to the The worlds 845 EPZs employ 27 000 million rights, labor and environmental issues. As for initiative’s effectiveness are its lack of legally workers. labor it includes commitments to the enforceable standards, independent compliance with the most basic labor monitoring and enforcement mechanisms, SOURCE: UNDP 2000. standards of the ILO, and clarity about the meaning of the ➢ freedom of association standards themselves. • Decline of Trade Unions and the effective recog- In some developed nition of the right to countries, labor union collective bargaining; 2. TRENDS membership is at an ➢ the elimination of all unprecedented low. In forms of forced or compul- • Export Processing Zones (EPZs): the US for example only sory labor; To attract foreign investors more and more about 15% of workers ➢ the effective abolition of child labor and countries establish so-called free trade zones, are members of trade ➢ the elimination of discrimination in that offer exemptions not only from fiscal unions. The power of respect to employment and occupation. levies but also from the obligation to comply trade unions is much The ILO assists in formulating concrete with laws which protect the rights of weaker than in the measures to promote these standards workers. The multinational companies immediate past. In most effectively. benefit from low labor costs, but nevertheless developing countries, The website http://www.unglobalcompact.org workers flow into the zones, because the freedom of association provides easy access to information on the salaries are still higher than for for labor unions scarcely principles of this initiative, including a list of corresponding jobs outside the zones. In exists; obstacles of participating companies. Since the launch, return, the other working conditions may be various kinds are placed hundreds of companies and organizations less satisfactory, like for example safety and in the way of organizing workers and, in have engaged in the Global Compact. health issues. Disregard of fire prevention certain countries, violence, torture, arbitrary rules, failure to install first aid facilities and killings and arbitrary arrests are routinely The Global Compact is a voluntary set of unsafe machinery are only some of the used to prevent workers from uniting to principles. Although it has been widely problems that may occur in the EPZs. The reclaim their rights. » Youth make up more than 40 per cent of the world’s total un- WORK 243 employed. There are an esti- mated 66 million unemployed young people in the world today – an increase of nearly 10 mil- lion since 1965. Underemploy- ment is also another growing • Increasing International Mobility: the concern. The majority of new …over 510 million young women and 540 Migration of Workers jobs are low-paid and insecure. million young men live in the world today Poverty and violence are today the tragic Increasingly, young people are according to United Nations estimates. reasons pushing millions of people to leave turning to the informal sector for …this means that approximately one person their home countries in search of a better their livelihood, with little or no in five is between the ages of 15 and 24 years, future. This development is increasing due to job protection, benefits, or or youth comprises almost 18 per cent of the the disparities in economic development. All prospects for the future.« world’s population. too often migrant workers are subject to all …on average, and almost everywhere, for KOFI ANNAN, kinds of discrimination and exploitation. UN SECRETARY-GENERAL, 2001 every unemployed adult, two young persons In total there are 150 million migrants, who find themselves without a job. make up 2% of the world’s population. And …about 70 million young people are 50 million of them live in Africa alone. • Youth Unemployment unemployed throughout the world according According to the ILO over 100 million of the One of the most daunting problems faced by to ILO estimates. migrants are workers, including a very large developed and developing countries alike is …in countries as diverse as Colombia, Egypt, proportion of women (47,5%). In addition to the large and growing number of Italy and Jamaica, more than one in three this estimate there is a growing number of unemployed youth. young persons are classified as clandestine migrants, i.e. without papers (30 “unemployed” – declaring themselves to be to 40 million). These numbers are likely to The most seriously affected regions are without work, to be searching for work rise, unless the inequalities in our globalized Southern Europe (Greece, Italy and Spain), and/or to be available for work. world are not tackled adequately. Eastern Europe (particularly Bulgaria, Latvia, The relevant ILO Conventions on Migrant the former Yugoslav Republic of Macedonia Workers (Conventions 97 and 143) have and Poland) and the Caribbean (including Anything like long-term unemployment regrettably received relatively few ratifica- Jamaica and Trinidad and Tobago). However, causes social distress and the consequences tions because of states fearing further youth unemployment is not high in all of being unemployed in youth can be serious. conditioning of their immigration policies. A countries. In Austria, Japan, Mexico, Youth unemployment is often associated with positive development is the coming into force Singapore, South Korea and the United serious social problems such as violence, of the “UN Convention on the Protection of Republic of Tanzania, less than one in 12 crime, suicide and abuse of drugs and the Rights of all Migrant Workers and young workers is unemployed and the alcohol, thereby perpetuating a vicious circle. Members of Their Families” in December difference between youth and adult rates is Effective youth policies and programs need to 2002, (thanks to the ratification by East relatively low. (Country data relate to 1997 or be closely targeted to take account of specific Timor the critical threshold of 20 signatures earlier, ILO). capabilities, needs and differences. has been crossed), opening up better prospects for migrants all over the world. 244 WORK SELECTED ACTIVITIES

ACTIVITY I: WOMEN – “Maria has been unemployed for almost a continue the action from that point. CHILDREN – WORK year and is looking hard for a new job. Ten Debrief thoroughly. days ago she went for an interview for her ° Replay: After a role play, change the PART I: INTRODUCTION dream job. Everything went well and she was situation (e.g. you are unable to get This activity involves a role-play about the offered the position. The company asked her pregnant, you are already pregnant...) and issues of women’s reproductive rights at the to have a meeting with Mr. W., the personnel ask the actors to replay the same scene workplace. Reproductive rights include the officer in order to sign the contract. She had with this change. right to a choice whether to have or not to already discussed her duties and other job- • Keep comments for debriefing. have children. related issues at the interview but just as Maria was to sign the contract, Mr. W. said Feedback: Type of activity: role play that a condition of the job was that she signs • Begin with feedback from each small a declaration that she will not have a baby group (how did they develop the role play; PART II: GENERAL INFORMATION for the next two years.” was it difficult?), then talk about the ON THE ROLE PLAY implications and what should be done Aims and objectives: Performance of the role play: about discrimination of this sort. This role play aims to develop knowledge • Divide the group into smaller groups (4-6 ° Was anyone surprised at the situation? about women’s reproductive rights, it tries to each) ° On what kind of outcome did the groups give participants a feeling of what it feels like • Read out the scenario and let each small decide (realistic endings?; good points – to be discriminated against and it promotes group twenty minutes to decide on an weak points?; is it better to be assertive, equality, justice and responsibility. ending for the story and to develop it into aggressive or submissive?) Target Group: young adults, adults a role play. The role play should start with ° What rights do women have in your Group size/soc. organisation: 15–25 the meeting between Maria and Mr. W. country (especially when they get preg- Time: about 1 1/2 hour and should not last for more than 5 nant?) Skills involved: critical thinking, opinion minutes. ° Why did the company react that way – was building, linguistic and empathetic skills • Invite each small group to present their it fair? role play – you might use the following ° Were any human rights violated? If so, PART III: SPECIFIC INFORMATION methods as well which ones? ON THE ROLE PLAY ° Role Reversal: Without warning, stop the ° If Maria were a man, would the same thing Introduction of the topic: action, ask actors to exchange roles and have happened to her? • Read out the background scenario for the role play WORK 245

° In what ways do men see this issue; PART IV: FOLLOW-UP PART II: GENERAL INFORMATION differently from the way women do? Related rights/further areas of exploration: ON THE CASE STUDY ° What can be done to promote and protect Social rights, Gender equality, Discrimi- Aims and objectives: women’s reproductive rights? nation, Xenophobia This activity helps participants to make connections between their own clothes and Methodological hints: Sources: Adapted from: Compass: A Manual the people who make them. In addition they • Explain to the group what reproductive on Human Rights Education with Young pose questions about our responsibilities. rights are. People. 2002. Strasbourg Cedex: Council of • You might try to form single-sex groups Europe Publishing. Target group: young adults to adults which may lead to more provocative endings. Group size/social organization: about 25 • Bear in mind that a discussion about ACTIVITY II: abortion may arise which requires ECONOMIC FAIRNESS Time: about 1 1/2 hour participants to put aside stereotypes and pre-conceived opinions. PART I: INTRODUCTION Material: flip chart paper or blackboard, The distribution of wealth and power within markers or chalk; discussion questions Tips for Variation: society usually affects person’s opportunities Handout: T-Shirt Math • Start with two volunteers to play the role to achieve full human rights and live a life in play, with the rest of the group as dignity. In this case study the participants Skills involved: analysing, reflection, observers. examine the concept of “fairness” and reflect linguistic and critical thinking skills; writing ° stop presentation at intervals and ask for on their own situations. They make skills. comments. connections between their own clothes and ° let observers exchange roles with the actors. the people who make them. PART III: SPECIFIC INFORMATION ° add other characters to the situation ON THE CASE STUDY (husband, a trade union representative). Type of activity: case study Introduction of the case: • Let the group do some research into T-Shirt Math (handout): reproductive rights in your country A t-shirt that sells for 20$ in the United States (interviews, participate in human rights is manufactured by an international plays in public places – invite observers to corporation at one of its factories in El take place). Salvador. This factory is an example of a 246 WORK

maquiladora, which is a foreign owned Instruction for the case study: Evaluation of the case: factory that assembles goods for export. The Warming up: • Explain to the group that the following Salvadoran workers producing the shirt were Ask half of the group members to check the case should evaluate the validity of a paid 0.56$ an hour. On average, a worker is labels they can find on all their clothing. claim often made by clothing retailers able to sew approximately 4.7 shirts per Then make a list (chart paper, blackboard) when approached about requiring better hour. and record all the information about the wages for the workers who make our Using the information above, calculate the labels and countries where apparel are made. clothes. They often assert that wages must following: Once this list is completed, ask participants be held low so that consumers can have • How much does a worker receive per t- to analyze the results. In almost every case, inexpensive products shirt? the majority of the garments will indicate • Hand out the case to everyone, group that they were made in poorer countries. members shall answer the questions in In 1994, the Salvadoran government Discuss with the whole group the following pairs. calculated that to support a family at a bare questions: • Hand out the following questions to the subsistence level, it would take about four group times the wages provided by a maquiladora WHO ° Would you be willing to pay more for a worker. • do you think made your clothes, shirt? If yes – how much? • If a worker’s wage were quadrupled, how sunglasses, shoes, buttons, zippers, other ° Are any human rights of the Universal much would they make per hour? decorations…? Declaration of Human Rights violated? Cite • How much would they earn per t-shirt? • Was it more likely a man, a woman, a specific articles. • If the company passed on this increased child??? ° Why do manufacturers sell their goods in cost to the consumer, how much would a western countries but produces them in El t-shirt cost? WHAT Salvador? • do you imagine were these workers paid? ° Who should be responsible for seeing that Now imagine that a worker’s wage were • kind of working conditions do they face? Salvadoran workers make wages, sufficient increased by ten times? List the results on the flip chart/blackboard. to support themselves and their families? • What would be their hourly rate? ° Discuss these questions in the group. • How much would they earn per shirt? • If the company passed on this increased cost to the costumer, how much would you pay for the shirt? WORK 247

Feedback: each other is getting for the SAME work they • Pose a summarizing question: ALL did. Discuss their feelings. Hand out T- ° What remarks that you have heard here shirt Math. today will you especially remember as meaningful PART IV: FOLLOW-UP ° Try to think of a word or phrase that sums Related rights/further areas of exploration: up your feelings? social, political, and economic rights • Ask participants to respond in turns SOURCES: ADAPTED FROM: DAVID A. SHIMAN. 1999. ECONOMIC Methodological hints: AND SOCIAL JUSTICE. A HUMAN RIGHTS PERSPECTIVE. Case studies are often used to set up effective MINNESOTA: HUMAN RIGHTS RESOURCE CENTER OF THE debates. In this particular case it is necessary UNIVERSITY OF MINNESOTA. to create an environment of trust and respect to have participants take part in a discussion. Therefore, the whole group should think of some principles for the discussion, which they think everyone should follow. List all these suggestions and place them somewhere where everybody can see them.

Tips for Variation: Let the whole group do one (senseless) exercise. Hand out labels that quote the sex, the age and how much this person gets paid for his work (e.g. 10 sweets for five minutes of work; 2 sweets for 10 minutes…). When the task is completed, pay each person according to age, sex and as laid out on their labels. Count the “money” (=sweets) out loud so that everyone is aware of how much 248 WORK REFERENCES

Anti-Slavery and ICFTU. 2001. Forced Labour in the 21st Leary, Virginia A. 1995. A Violations Approach to the ADDITIONAL INFORMATION Century. London: Anti-Slavery International. Right to Work (Labour Rights). Edited by Van Boven, Theo, Cees Flinterman and Ingrid Westendorp. The Anti-Slavery International: http://www.antislavery.org Maastricht Guidelines on Violations of Economic, Social Anti-Slavery International : and Cultural Rights. SIM Special No. 20, Utrecht: The http://www.antislavery.org Craven, Matthew. [1995] 2002. The International Netherlands Institute for Human Rights. Covenant on Economic, Social and Cultural Rights, A Bread and Roses: Perspective on its Development. Oxford: Clarendon Press. Leary, Virginia A. 1998. Globalisation and Human http://www.bread-and-roses.com/ Rights. Edited by Symonides, Janusz. Human Rights: New China Labour Bulletin Deutsche Gesellschaft für die Vereinten Nationen. Dimensions and Challenges. Aldershot: Dartmouth http://www.china-labour.org.hk 2001. Menschenrechte und menschliche Entwicklung. Publishing Company Limited. Anregungen zur Arbeit mit dem UNDP-Bericht über die Child Workers in Asia menschliche Entwicklung 2000 in Schulen. Bonn: DGVN. Levin, Leah. [1981] 1996. Human Rights. Questions and http://www.cwa.tnet.co.th Answers. Paris: UNESCO Publishing. Drzewicki, Krzystof. 2001. The Right to Work and Rights Global March Against Child Labour: at Work. Edited by Eide, Asbjorn, Catarina Krause and McChesney, Allan. 2000. Economic, Social and Cultural http://www.globalmarch.org/ Allan Rosas. Economic, Social and Cultural Rights, A Rights. New York: American Association for the Textbook. Dordrecht: Martinus Nijhoff Publishers. Advancement of Science. International Confederation of Free Trade Unions: http://www.icftu.org Goldewijk, Berma Klein, Adalid Contreras Baspineiro Shiman, David A. 1999. Economic and Social Justice. A and Paulo César Carbonari. 2002. Dignity and Human Human Rights Perspective. Minneapolis: The Human International Labour Organisation: Rights, The Implementation of Economic, Social and Rights Resource Center. http://www.ilo.org Cultural Rights. Antwerp: Intersentia. United Nations Development Programme. 2000. International Organization for Migration: Human Rights Resource Center. Circle of Rights. Human Development Report. Human Rights and Human www.iom.int Economic, Social and Cultural Rights Activism: A Training Development. New York: Oxford University Press. Resource. Available online at: The Anti-Slavery Portal: http://hrusa.org/hrmaterials/IHRIP/circle/toc.htm United Nations. 1996. The Committee on Economic, http://www.iabolish.com Social and Cultural Rights, Fact Sheet No. 16. Geneva: International Labour Office. 1999. Decent Work. United Nations. The Concerned for Working Children (CWC): International Labour Conference, 87th Session 1999. http://www.workingchild.org/htm/cwc.htm Geneva: ILO Publications. United Nations. 1998. The United Nations in our daily lives, A brief description of the UN and its Specialized The Fairtrade Foundation: International Labour Office. 2000. Your voice at Work. Agencies. Geneva: United Nations Publishing. http://www.fairtrade.org.uk/ Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work. Geneva: United Nations. 2001. We the peoples: the Role of the The Reference Centre on Corporate Social Responsi- ILO Publications. United Nations in the 21st Century, Briefing Papers for bility: Students. New York: UN Publishing. http://www.csreurope.org/home/default.asp International Labour Office. 2001. Stopping forced labour, Global Report under the Follow-up to the ILO ILO. What are International Labour Standards? Available UNICEF: Declaration on Fundamental Prinicples and Rights at online at: http://www.unicef.org/crc/ Work. Geneva: ILO Publications. http://www.ilo.org/public/english/standards/norm/wha tare/index.htm FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA »Everyone has the right to freedom of opinion and expression; this right includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.«

ARTICLE 19, UNIVERSAL DECLARATION OF HUMAN RIGHTS 250 FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA ILLUSTRATION STORY

We have a natural you, Women, Freedom of Expression and the DISCUSSION QUESTIONS right to make use Language of Human Rights, International of our pens as of Centre for Human Rights and Democratic 1. Which human rights have been violated our tongues, at our Development, 1996.) by whom in the above stories? peril, risk and 2. What reasons may justify limitations of hazard. In November 2002 the Humanitarian Law the freedom of expression and the freedom ‘LIBERTY OF THE PRESS’ IN Centre in Belgrade informed the public that of the media? PHILOSOPHICAL DICTIONARY (1764) the mayor of a Serbian city openly threatened 3. What should be done to protect these to “kill and destroy” a journalist and his freedoms in a better way? family for reporting about his involvement in 4. What can victims of a violation do? In response to the tragic events in a Moscow shady business dealings. When the article 5. What are the obligations of responsible Theatre in October 2002 the Russian appeared the journalist was interrogated by journalists? Parliament quickly adopted – on the request the police who came to take him without of the President of Russia – a new law, warrant. He was also sued for libel and designed to allow the Russian Government to damages. limit reporting on terrorist acts in Russia ...

Dr. Manorani Saravanamuttu is the mother of Richard de Zoysa, a journalist who was abducted and killed in Sri Lanka in February 1990. Dr. Saravanamuttu campaigned to bring to light the truth about her son’s murder. She provided information to the authorities to obtain an investigation of the killing, but the only thing she ever received was a letter stating: “Mourn the death of your son. As a mother you must do so. Any other steps will result in your death at the most unexpected time … Only silence will protect you.” (Jan Bauer, Only Silence Will Protect FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA 251

NEED TO KNOW » Sir, I do not share your views, but I would risk my life for your 1. PAST AND PRESENT RELEVANCE Human Security, Freedom of Expression right to express them.« and of the Media VOLTAIRE (1694-1778) The freedom of opinion and expression – “Freedom from fear” also includes the including the “freedom to receive and impart freedom of expressing one’s opinions and the information and ideas for any media and freedom of the media. Since the concept of The “CNN factor” of bringing any conflict regardless of frontiers” (Art. 19 of the human security is also based on the right of right into the living room has changed the Universal Declaration of Human Rights of the individual to seek and receive role of the media. Because of the importance 1948) – is one of the basic civil and political information and ideas of any kind, including of public opinion, the media has become a rights, which is accordingly laid down in all those critical of the ruling powers, more important part of the warfare as could respective human rights instruments. It has intimidation of journalists and control of the be seen in the case of Kosovo. “Info wars” its roots in the struggle for personal freedoms media constitute major threats against and “infotainment” stand for the trend that in the 18th and 19th century, when it was human security. New threats to human information is subordinated to other enshrined in the US and European security, but also new opportunities come objectives. constitutions. The British philosopher John with the “new technologies”. Stuart Mill called the liberty of the press “one The new “connectivity” can be used for Old and New Challenges of the securities against corrupt and tyrannic educational purposes as well as for organized The freedom of information, expression and government” (On Liberty, 1859). It is also a crime. International campaigns against the media was of particular importance constitutive right for a democratic system in landmines and for the International Criminal during the Cold War, when people in the which everyone, not only the citizens of a Court are made easier, but new risks appear socialist countries of Eastern Europe did not state, have the human right to say what they in the form of “cyber crimes”. As economies have access to foreign or independent think and to criticize the government. In and services become more dependent on the newspapers and magazines. Later on, the January 1941, President Roosevelt new technologies, new forms of inclusion Government of China tried to limit the use of announced the freedom of speech and and exclusion evolve. For example, the satellite dishes in order to prevent its people expression as one of the four freedoms on Vienna-based South East Europe Media from following Western channels and today which to base a future world order after the Organisation (SEEMO) complained that certain countries are limiting the access to Second World War. The access to and the free Telekom Serbia was applying “limitations” on the internet in order to prevent their citizens flow of information across frontiers is a leased internet lines in order to force media from reaching websites they consider major element of an open and pluralistic and others to change from a private internet undesirable. society. provider to Telekom Serbia internet service. The media can have a dual role as beneficiaries and violators of the freedom of 252 FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA

expression. Their role can be of informing media are brought about by technological extremely important issue: inclusion and about global problems, strengthening global developments like the spreading of satellite exclusion in an age of communication, also solidarity, but it can also be one of communication and the increasing access to called the “digital age”. Its major aim is to instrument of propaganda of the state or of the internet. Quite often, states try to restrict develop an action plan on how to close the particular economic and other interests. access to the new media because of digital and knowledge gap between the According to the UNESCO Commission on oppositional views or contents they fear to be “haves” and “have-nots” of access to Culture and Development, modern against their national policies, i.e. on information and communication technolo- communication technologies have made religious or moral grounds. Since there are gies. Since the so-called digital divide control of information flows more difficult, plenty of websites offering racist and between the North and the South (but also creating new opportunities, but also new xenophobic propaganda or child porno- within the North, where rural and less threats, especially if the media become a graphy, such concerns are indeed not always prosperous areas lag behind considerably) target either of attack or of political control. unjustified. The question arises, however, keeps on widening dramatically, it is indeed The diversity and quality of programs may be how the fragile balance between freedom of high time to find a global line of action. The reduced as a result of commercialization, expression and legitimate protection of the freedom of expression is essentially affected eager to gain always wider audiences or to interests of a democratic state can be kept. by the denial of access to the information compete for a higher share of readers and Due to the borderless nature of the internet, infrastructure, because the growing viewers by concentrating on sex and crime- answers are to be found mainly at the importance of the internet makes it almost stories. international level. In its Convention on impossible to retrieve and spread ideas Cyber Crime, the OECD already condemned anywhere else that easily. A major threat to the freedom child pornography and tried to enhance of the media has been the domestic criminal liability as well as In any case it has to be pointed out that there concentration of the media, international cooperation for prosecution; can be no freedom without responsibility which exist both on the local and the global work on an additional protocol dealing with and that unlimited freedoms may lead to level. Therefore, in many countries and the racist and xenophobic propaganda is in violation of other human rights, like the right European Union there are laws against media progress. The Convention has not yet entered to privacy. But restrictions need to be concentration in order to preserve media into force. justified by the government with legitimate pluralism. reasons, which can be scrutinized by public The United Nations Summit on the opinion and, as the last resort, judicial Further and more elaborated new challenges Information Society in Geneva in 2003 and institutions. of the freedom of information and of the in Tunis in 2005 deals with yet another FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA 253

2. CONTENTS AND THREATS Main Elements of the freedom of Certain elements of the right to expression expression: are also connected with other human The freedom of expression is a framework • freedom to hold opinions without inter- rights, i.e.: right containing several elements, like the ference (freedom of opinion) freedom of information and the freedom of • freedom to seek, receive and impart infor- • The Right to Freedom of Thought, the press and the media in general. It is based mation and ideas (freedom of speech, Conscience and Religion (Art. 18 ICCPR) on the freedom of opinion and intrinsically freedom of information) Religious Freedoms Module. linked to it. Its manifestations range from the – orally, in writing, or in print, in the • The right of authors to benefit from the individual expression of opinions to the insti- form of art protection of the moral and material tutional freedom of the media. Freedom of – through any media (freedom of the interests resulting from any scientific, opinion is an absolute civil right, whereas media) literary or artistic production, i.e. the freedom of expression is a political right, – regardless of frontiers (freedom of inter- copyright (Art. 15(2) ICESCR). which can be subjected to certain restrictions. national communication) • In relation to the human right to education (Art. 13 ICESCR), the freedom of expres- Freedom of expression is a dual right in the SOURCES: sion results in the academic freedoms and sense of the freedom to impart, i.e. express ART. 19 UNIVERSAL DECLARATION OF HUMAN RIGHTS the autonomy of institutions of higher (UDHR), ART. 19 INTERNATIONAL COVENANT ON CIVIL opinions and ideas of all kind, and the AND POLITICAL RIGHTS (ICCPR); learning to protect those freedoms. freedom to seek and receive information and ART. 10 EUROPEAN CONVENTION ON HUMAN RIGHTS ideas, both in any form – orally, in writing or (ECHR), ART. IV AMERICAN DECLARATION OF THE A major qualification of the freedom of RIGHTS AND DUTIES OF MAN (ADRDM) AND ART. 13 in print, in the form of art, or through any AMERICAN CONVENTION ON HUMAN RIGHTS (ACHR), expression is contained in Art. 20 ICCPR other media, including new technologies. ART. 9 AFRICAN CHARTER ON HUMAN AND PEOPLES’ prohibiting war propaganda and any Frontiers must not be used to interfere with RIGHTS (ACHPR). advocacy of national, racial or religious the right. Consequently, the freedom of hatred that constitutes incitement to dis- expression is an integral part of the “right to crimination, hostility or violence. The state is communicate”. A declaration on this right is under an obligation to enforce those currently drafted, but since it is a compilation prohibitions by national legislation. of already existing human rights (such as, Non-Discrimination Module. besides freedom of expression, the right to freedom of thought, conscience and religion, the right to participation in cultural life and the right to privacy) rather than a new right in itself, the concept is not entirely clear yet. 254 FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA

Violations of the Right, Threats and Risks means. It can mean that articles can be limitations as are determined by law, in In practice, we witness wide spread published only after approval by an authority particular „for the purpose of securing due violations of this basic human right through as has been the practice in most socialist recognition and respect for the rights and restrictions of the freedom of expression and countries of Eastern Europe before the end of freedoms of others ...”. Art. 19(3) ICCPR of the media in many countries of the world the Cold War in 1989. It can also mean that reminds that the rights enumerated carry as can be seen from the yearly reports of economic interests prevent the publication of with them special duties and responsibi- Amnesty International or Human Rights certain opinions, for example if the military lities. This shows that the freedom of Watch. According to Reporters Without industry prevents articles with a critical expression and the media is a very sensitive Borders, 31 journalists were killed and 489 attitude towards war. right, which has to be handled with proper imprisoned in executing their duties in 2001. care. The duties and responsibilities are not The organization, therefore, proposed special Censorship may also occur through self- indicated in the Covenant, but usually to be legal instruments, such as the “Charter for the censorship, when political or other interests found in codes of professional ethics or state Safety of Journalists Working in War Zones or are already taken into account by the legislation, which, however, must not restrict Dangerous Areas”. journalist or media director. Finally, the the content of the human right. Typical decision on the newsworthiness, what is “fit duties and responsibilities relate to the duty The “war against terrorism” after September to print” may exclude information not of objective information, i.e. to seek for the 11 th, 2001 has brought new threats for the considered opportune, minority views or truth or at least allow for different opinions, freedom of information by various govern- what does not sell well. etc. ments. For example, the association of writers, PEN, urged a review of the US Decisions what to publish will often be Some responsibilities coincide with reasons PATRIOT Act in this respect. However, the disputable. Codes of good practice can give for restrictions of the freedom of expression, freedom of expression and of the media may orientation. Otherwise, the purpose of media whereas there are no legitimate restrictions also be misused to instigate hate and conflict pluralism is to assure that different views for the freedom of opinion. as has been documented by the International can be read, heard and seen. Helsinki Federation in its publication on According to Art. 19(3), three types of “Hate speech in the Balkans”. Legitimate Restrictions restrictions are possible, provided they are of the Right done through legislation and considered There is the threat of censorship, which may According to Art. 29 of the Universal necessary: occur in the form of state censorship or Declaration of Human Rights the exercise of censorship through economic or other rights and freedoms of everyone is subject to FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA 255

• for the respect of the rights and reputation • for the protection of the reputation or rights ordinary person and cannot silence a of others of others, journalist with reference to the need to • for the protection of national security or of • for preventing the disclosure of information protect his reputation. Accordingly, the laws public order (ordre public) received in confidence, on libel, which allow persecuting journalists • for the protection of public health or • for maintaining the authority and who criticize persons in public positions, morals impartiality of the judiciary.” have to be balanced with the . According to legal interpretation rules, No other right has such a long list of reasons limitations of rights have to be interpreted for exceptions. However, two major restrictively, i.e. the main right should not be preconditions have to be met in order to 3. IMPLEMENTATION undermined and the restriction should not be legitimize the restriction of the right. The AND MONITORING larger as necessary to protect the rights of exception has to be: others and of the basic public goods There is a large variety of instruments and mentioned. • prescribed by law and procedures to implement the human right of • necessary in a democratic society. freedom of expression and its component In Art. 10 of the European Convention on rights. First is the obligation of states to Human Rights, the list of possible “Prescribed by law” means that the restriction incorporate the freedoms in their domestic restrictions is even longer although more has to be an act of parliament and not an law and provide legal remedies in cases of precise. It states that the exercise of the executive order by the government. Of alleged violation. Accordingly, the right can freedom of expression may be subject to particular importance is the qualification: be found in most constitutions as part of the “conditions, restrictions or penalties as are “necessary in a democratic society”. This links catalogue of fundamental rights and prescribed by law and are necessary in a the freedom of expression and the media to freedoms. The minimum standards derive democratic society”. Such restrictions may be the concept of an open and pluralist society from international obligations on the justified by: which is governed by democratic means. The universal and, where existing, the regional European Court of Human Rights has been level. • “interests of national security, territorial very strict on these requirements as can be integrity or public safety, seen from the so-called Lingens case. In The various media and communication • for the prevention of disorder or crime, for 1986, the European Court of Human Rights laws and regulations are very important, too. the protection of health or morals, in Strasbourg decided that a politician has to They further specify the right and its accept a higher degree of criticism than an restrictions in daily practice in conformity 256 FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA

with international obligations and national Regional monitoring mechanisms like the For the 55 members of the Organization of constitutional law. They may set up national Inter-American and the African systems Security and Cooperation in Europe monitoring bodies – such as press or media provide for individual communications to (OSCE), a Representative for the Freedom councils – to regulate in particular the media, Commissions, which can issue conclusions of the Media has been appointed in 1997. which are often composed of experts and/or and recommendations. In the case of the His mandate is to follow the developments in representatives of civil society. In order to European and the Inter-American system, the the media sector of the participating states in regulate the media sector, to ensure quality Court may give decisions binding on states order to promote free, independent and standards and to stimulate competition, the and also grant compensation. In addition, pluralistic media, which are crucial to a free state may issue licenses, which have to be there is a “monitoring procedure of the and open society and accountable system of made available on a non-discriminatory Committee of Ministers”, which, inter alia, government, based on the international basis. also covers the freedom of expression and obligations and the OSCE standards adopted information in member states. in a series of follow up conferences and Monitoring compliance by the state is the expert meetings since the Helsinki Final Act task of several control or monitoring All conventions also foresee the possibility of of 1975. mechanisms. For example, under the UN “state complaints”, which are hardly ever Covenant on Civil and Political Rights used. Role of Professional Associations and (ICCPR), states have the obligation to submit other NGOs state reports in regular intervals (every 5 Besides the conventional Professional associations like the Inter- years) on the implementation of their procedures, there are also so- national Federation of Journalists, the obligations, which are considered by the UN called charter-based proce- International Press Institute (IPI), Inter- Committee on Civil and Political Rights. It dures like the Special Rapporteur on the national P.E.N. or the International gave an interpretation of Article 19 in its Promotion and Protection of the Freedom Publishers Associations (IPA) do have General Comment No. 10 of 1983. The of Opinion and Expression, who reports to comprehensive information on the state of Committee may also receive communi- the UN Commission on Human Rights on the the freedom of the media in different cations, i.e. complaints by individuals, if the situation of the freedom of expression world countries or regions of the world and support respective state has ratified the First Optional wide and provides observations, recommen- their members against restrictions. They Protocol to the ICCPR of 1966 (104 out of 149 dations and a commentary on elements of draw attention to situations where those states by end of 2002). the human right. freedoms are neglected, denounce restric- tions, launch campaigns or urgent action appeals and prepare reports on particular FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA 257

problems like media concentration, state se- USA, Europe and other states take a different other harmful content, is left to the state, crets and transparency according to Freedom attitude in the case of hate speech which which often uses independent bodies to of Information regulations, or corruption. In attacks the dignity of a group. Europe does guide the media in this respect. doing so, they are supported by NGOs not tolerate the advocacy of national, racial specialized in the protection of the freedom or religious hatred, in particular Anti- Different standards do also exist regarding of the press and the media like Article 19 or Semitism, Nazi propaganda or the denial of public criticism of politicians or religious Reporters without Borders (see list of the Holocaust, and other forms of right-wing institutions. For example, what is artistic institutions under “Additional Information”) extremism, whereas this is at least partly freedom for some may be considered as as well as general human rights NGOs like covered by the freedom of expression (First blasphemy by others. Consequently, the Amnesty International or the International Amendment) in the United States consti- freedom of expression and of the media is a Council on Human Rights Policy. tution. very sensitive right which has to respect Furthermore, they cooperate with inter- certain limits but also has to be protected governmental organizations and their special The sometimes subtle distinctions can be against the tendency of the state and institutions like the UN Special Rapporteur seen from the ECHR case Jersild v Denmark, influential persons to silence their critics. on Freedom of Expression and the OSCE when the Court found that the punishment of Representative for the Freedom of the Media. a journalist, who had broadcasted an In Asian countries severe restrictions of the interview with young racists making racist freedom of expression and of the media have Institutional monitoring bodies or professio- statements, had been a violation of the been long justified on the ground of nal associations and NGOs almost always freedom of information in Art. 10 ECHR, maintaining the stability of the country also aim at the prevention of violations of whereas those who had made the statements which was threatened by the “irresponsible the human rights in question, excessive libel were not protected by Art. 10. reporting” of the press instigating political laws and practices, which may silence critical conflict. However, as an ASEM seminar held journalists. According to the “margin of appreciation- in 2000, dealing with this topic in a Euro- doctrine” of the European Court of Human Asian dialogue, found, governments tend to Rights, also between European states there is overreact and so curtail the freedom of the 4. INTERCULTURAL room for differences. This is of particular media more than necessary. Common PERSPECTIVES AND relevance for the protection of moral with problems like media concentration or the CONTROVERSIAL ISSUES regard to speech, literature or broadcasting lack of independence of journalists were considered as pornographic. The question of found much larger than regional differences. Cultural differences lead to pluralism in the decency or protection of minors, as well as In cases of dispute, it is the responsibility of implementation of the right. Compared to the 258 FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA

» To speak is not an easy thing, to remain silent is dangerous.« the independent judiciary to draw the fine PROVERB; SOURCE: CUN CA KI CA, CHRONOLOGY line between freedom of expression and the KALILU TERA, ABIDJAN: EDITION EDILIS, 2002 media, and legitimate restrictions for the sake 1948 Universal Declaration of Human of the stability of a democratic state and the Rights moral integrity of a person, which has 1966 UN Covenant on Civil and Political become subject to unjustified allegations in the African Charter on Human and Peoples’ Rights the media. Rights) does not seem to permit derogation, 1978 UNESCO Declaration of Fundamental no matter what the subject of the information Principles concerning the contribution For example, in Banja Luka in Bosnia and or opinions and no matter the political of the Media to Strengthening Peace Herzegovina few years after the end of the situation of a country. Therefore, the and International Understanding, to civil war, a newspaper published lists of Commission finds that the proscription of the the Promotion of Human Rights and to persons alleged to have committed war newspapers is a violation of Art. 9 (1). Countering Racism, Apartheid and crimes. This was legitimately interdicted by (Thirteenth Activity Report of the African Incitement to War. the authorities because of the danger that Commission on Human and Peoples’ Rights, 1983 General Comment by the UN Human these persons, who had not (yet) officially 1999-2000, Annex V, para. 38.) Rights Committee on Article 19 ICCPR been indicted, could become subject to 1993 UN Special Rapporteur on Protection personal revenge. With regard to measures against journalists and Promotion of the Right to In the case of Constitutional Rights Project, after a coup in The Gambia the African Freedom of Opinion and Expression Civil Liberties Organisation and Media Rights Commission found: 1999 Resolution of the Commission on Agenda v. Nigeria, the African Commission “The intimidation and arrest or detention of Human Rights on Freedom of Opinion on Human and Peoples’ Rights had to deal journalists for articles published and and Expression (1999/36) with the proscription of newspapers by way questions asked deprives not only the 2003 World Information Summit, first part, of an executive decree by the military govern- journalists of their right to freely express and in Geneva ment of Nigeria, which was directed against disseminate their opinion, but also the public, 2005 World Information Summit, second the opposition. The Commission found: of the right to information. This action is part, in Tunis “Decrees like these pose a serious threat to the clearly a breach of the provision of Art. 9 of public of the right to receive information not the Charter.” in accordance with what the government (Thirteenth Activity Report of the African would like the public to know. The right to Commission on Human and Peoples’ Rights, receive information is important: Art. 9 (of 1999-2000, Annex V, para. 65.) FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA 259 GOOD TO KNOW

1. ROLE OF FREE MEDIA FOR A national minorities do also have the freedom DEMOCRATIC SOCIETY » The media have a central role in of opinion and expression. Their freedom to democracy to inform the public seek, receive or impart information or ideas » Information is the oxygen of and to scrutinise the conduct of in minority languages regardless of frontiers democracy.« public affairs without fear of must be respected by public authorities. being prosecuted, sued or Governments have to ensure that persons ARTICLE 19 (LONDON-BASED INTERNATIONAL NGO) suppressed.« belonging to national minorities are not KEVIN BOYLE, CO-FOUNDER OF ARTICLE discriminated in their access to the media, 19, IN: RESTRICTIONS ON THE FREEDOM which should rather be facilitated. They must Media pluralism is an indispensable element OF EXPRESSION, 2000. not be prevented from creating their own of a pluralistic democracy. The importance of print media and, within the law, also their the rule of the media as a so-called “fourth own electronic media. Further standards do power”, besides the legislative, executive and This requires an appropriate legal frame- exist in the framework of OSCE. The judiciary powers requires also particular care work, which assures the independence of the situation, however, is often more problematic and responsibility from journalists and media public media and pluralism among the regarding the so-called new minorities owners not to violate human rights of others private ones, and monitors the activities of stemming from migration. In contrast to the by exercising their freedoms. the media with regard to the standards of national or “old” minorities, they usually do Democracy Module. objectivity, fairness and decency. not have any legally granted rights ensuring their access to the media. This is especially The freedom of a particular society can easily worrying when taking into account the rather be determined by the freedom of the press 2. MEDIA AND xenophobic way in which they are and the media. The first step authoritarian MINORITIES sometimes portrayed in conventional media, governments or dictatorships are usually while their possibilities for counter- taking is to curtail or abolish the freedom of Minorities often face problems in the access statements are limited. expression and of the media. to the media and in having media in their For the reconstruction and rehabilitation of own language. In Europe, specific binding The European Charter for Regional and democratic societies after war and conflict, a standards based on Art. 19 ICCPR and Art. 10 Minority Languages of the Council of Europe pluralistic media system, which works on the ECHR exist, i.e. in Art. 9 of the European of 1992, in Art. 11 commits States Parties to basis of respect and tolerance of other Framework Convention for the Protection of make adequate provision that broadcasters opinions and refrains from instigation to National Minorities of the Council of Europe offer programs in the regional or minority hatred and violence, is of utmost importance. of 1995. Accordingly, persons belonging to languages or to ensure, encourage and/or 260 FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA

» When war is declared, truth is the first casualty.« ARTHUR PONSONBY, BRITISH POLITICIAN, 1871–1946

facilitate the creation of at least one radio journalists responsible for warmongering station and one television channel in the were arrested after the crisis. regional or minority languages. » Words kill first, bullets only later.« Any advocacy of national, racial or religious ADAM MIHNIK, POLISH WRITER hatred that constitutes incitement to dis- 3. FREEDOM OF THE MEDIA AND crimination, hostility or violence shall be ECONOMIC DEVELOPMENT prohibited by law. 4. WAR PROPAGANDA AND ARTICLE 20 (2) ICCPR Freedom of the media and economic deve- ADVOCACY OF HATRED lopment is as much linked as are freedom from fear and freedom from want. The According to Art. 20 (1) ICCPR any propa- interdependence and indivisibility of all ganda for war shall be prohibited by law. 5. GOOD PRACTICES human rights requiring a holistic approach to Accordingly, the media were found to carry human rights in general can also be seen in part of the responsibility for the wars in • UNESCO has initiated a World Press the importance of the freedom of expression former Yugoslavia by propagating the war or Freedom Day, to be held on the 3rd of May and the freedom of the media for economic instigating hatred and ethnic cleansing. and a World Press Freedom Price. development, poverty elevation and meeting The transmissions of Radio Mille Collines • The Crimes of War Project brings together basic social and economic rights of the have been found to have had a major role in journalists, lawyers and academics to raise people. Without the reporting by the media the violence in Rwanda in 1994, during awareness of the laws of war among the shortcomings in access to or redistribution of which more than one million people were media, government and human rights and resources and corruption may remain un- killed. “Do not kill those inyenzi (cock- humanitarian NGOs noticed. roaches) with a bullet – cut them to pieces (www.crimesofwar.org). with a machete” was one of the broadcasted • In the case of Bosnia and Herzegovina, an » … there has never been a sub- statements, calling Hutus to slaughter Tutsis Independent Media Commission, later stantial famine in a country with and Hutus who were sympathetic to the Tutsi called Communication Regulation Agency democratic form of government cause. The radio station itself was founded in (CRA) has been established, which and relatively free press.« 1993 by family members of Hutu President through its Council and Enforcement Habyarimana, whose death was one of the Panel monitors the implementation of the AMARTYA SEN, NOBEL PRIZE IN ECONOMICS main reasons for the outbreak of the standards contained in its “Broadcasting genocide. Most of Radio Mille Collines Code”. It is also in charge of licensing. The FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA 261

Ombudsmen of the Federation of Bosnia SOURCE: chance to reach the global public now. State INTERNATIONAL COUNCIL ON HUMAN RIGHTS POLICY, and Herzegovina, in 2001, report that they JOURNALISM, MEDIA AND THE CHALLENGE OF HUMAN control and censorship can more easily be were closely observing this process and in RIGHTS REPORTING, 2002. circumvented. several cases intervened with regard to transparency and equal conditions for all The International Publishers Association ☞ Growth of the Media in Developing applicants. The CRA accepted their re- (IPA), which represents 78 institutions in 65 Countries commendations, which had a positive countries, in its comments on the UN Decade During the last thirty years, the print run of impact with both the public and journa- on Human Rights Education, highlighted the daily newspapers in developing countries has lists. importance of awareness-raising activities more than doubled; in 1996, 69 out of 1000 • On the initiative of the Republic of Austria, concerning freedom of expression and people had their own copy – compared to the Council of the European Union on 29 freedom to publish. only 29 in 1970. Compared to developed May 2000 took a decision on measures to countries, where the share of people reading be taken in the struggle against child SOURCE: a daily newspaper has slightly decreased REPORT OF THE UN HIGH COMMISSIONER ON HUMAN pornography on the internet. RIGHTS ON IMPLEMENTATION OF THE UN DECADE ON from 292 out of 1000 in 1970 to 226 in 1996, HUMAN RIGHTS EDUCATION, E/CN.4/2003/100. this figure is still not entirely satisfying, but it remains remarkable. The increased 6. FREEDOM OF THE MEDIA AND accessibility creates a new and more efficient HUMAN RIGHTS EDUCATION 7. TRENDS “market of ideas” on which a much broader variety of opinions and views is available. “Within journalism there is a serious lack of ☞ Media and World Wide Web Information can be published and retrieved knowledge of what human rights are. Many According to the UN Human Development more easily, thus providing a stable basis for journalists – like many politicians and others Report 2001, the internet has grown democratic structures and good governance. working in civil society – are not familiar with exponentially during the last years, from 16 the Universal Declaration of Human Rights million users in 1995 to more than 400 and the international human rights treaties millions in 2000. In 2005, more than 1 billion and mechanisms. Often they do not under- people will use the internet. This rising of the stand the difference between human rights World Wide Web has had a significant impact law and the laws of war. As a result, human on the media, offering a variety of new rights are often erroneously regarded as options to both journalists and publishers. relevant only to reporting of conflict.” Even smaller media enterprises have a 262 FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA SELECTED ACTIVITIES

ACTIVITY 1: Skills involved: communication, analytical • A journalist: S/he will pledge for the FRONT PAGE and critical thinking skills human right of freedom of expression and freedom of the media. S/he will talk about PART I: INTRODUCTION PART III: SPECIFIC INFORMATION the necessity of free media reporting and This is a role-play of a group of consultants ON THE ROLE PLAY support her/his opinion with some stories working to get the front page of a paper ready Performance of the Role Play: of the sample front pages. What if people to go to press. Participants will discuss the • Explain that is a simulation of a working would never have read about these role-play in exploring issues about censorship, group on the freedom of the press and its stories? Journalists have the obligation to stereotyping and objectivity in the media. limits that is going to be broadcasted on a investigate and to keep their readership local TV station. informed. Type of activity: role play • A state regulator of the media: S/he will Inform participants that the discussion will strongly point out the limits of the PART II: GENERAL INFORMATION be based on some front pages you collected freedom of expression and the media. ON THE ROLE PLAY to better illustrate opinions and show them They appear when conflicting with other Aims and objectives: around. rights such as the right to privacy. S/he • To reflect on the media and their approach will remind the responsibilities of the state to human rights issues Appoint a group of four people for the role- as protector and the special role of • To explore and reflect sensationalism, play: particular authorities such as the head of stereotyping and objectivity in the media. • A human rights activist: S/he points out state, religious leaders, the ruling party or • To identify mechanisms of censorship and the dual character of the media. On the the police. problems of freedom of expression and the one hand, the media reports about human • A moderator: S/he will lead the discussion media rights violations, on the other hand, on the freedom of the press and pose however, they commit human rights questions to the participants. S/he will Target group: Young adults and adults violations themselves; i.e. by spreading refer to the sample front pages to get untrue allegations or instigating hatred. concrete answers. Group size/social organization: 8 to 25 The activist will underline her/his statement through stories of the sample Now bring the participants for the role-play Time: about 90 minutes front pages. together in a circle and let the moderator start the discussion. S/he should close the Preparation: discussion after 30 minutes. Select front pages of local or international newspapers. FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA 263

Feedback: Tips for variation: expression and challenges for the future of Bring everybody back together. Now go on to Use newspaper articles with photos. Separate the Internet. reflect on the role-play by raising some the picture from the headlines and let discussion questions: participants guess which picture belongs to Type of activity: discussion – What do you consider the main problems which articles. Involve them in a discussion. of freedom of expression and freedom of PART II: GENERAL INFORMATION the media? PART IV: FOLLOW-UP ON THE DISCUSSION – What forms can censorship take, in the Many local radio or TV stations have Aims and objectives: case of public or private censorship? opportunities for community groups to make • To raise awareness about the implications – Have you yourself experienced any form of their own broadcasts. Work on a group of the internet and access to information censorship or self-censorship in your life? project to research and produce a broadcast worldwide – Why is freedom of opinion, the press and about issues of concern to them. Use a • To identify the implications of the internet the media so important? headline such as “Think globally, act locally” on human rights – What could be done to better protect those or similar. • To explore phenomena related to the freedoms? internet – Are there persons or institutions, which Related rights/further areas of exploration: may not be critized? The right to freedom of thought, opinion and Target group: Young adults and adults – Should certain forms of censorship be expression, the rights to development, life allowed in order to preserve (democratic) and health, the right to privacy Group size/social organization: any stability, religious peace, inter-ethnic confidence etc.? Time: about 45 minutes ACTIVITY 2: THE Methodological hints: IMPACT OF THE Preparation: The more careful you choose your front INTERNET Copies of the handout (see below) pages, the livelier your role-play and discussion will be. Decide first whether to PART I: INTRODUCTION Material: take local or international ones. Try to get This activity involves both small-group and Copies of the handout, flipchart some with pictures, possibly written in an plenary discussions to analyze the positive attention grabbing style. and negative aspects of the use of the Skills involved: internet, its implications on the freedom of Analytical skills, expressing different points of view on the issue, team-building skills 264 FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA

PART III: SPECIFIC INFORMATION Feedback: local level. If you can access the internet, ON THE DISCUSSION Start with what participants learned about print out their websites and distribute copies. Introduction to the topic: the Internet. Ask people about their knowledge on these Introduce the activity by providing some • How much do people already know about organizations. Compare their activities and common knowledge, give the group a few the Internet? How much do they use it? their promotion via the internet. Based on basic facts about the Internet i.e., as laid out What do they use it for? these findings, discuss the most important in the module; then ask them to talk in pairs Now take a look on what kind of advantages or uses of the internet for abut their own experiences with the Internet advantages you have collected on the flip promoting human rights. and the advantages and disadvantages of chart. using/not using it. Allow about ten minutes • Do the advantages of using the Internet PART IV: FOLLOW-UP: for this. outweigh the disadvantages? Encourage participants to visit web sites of • What needs to be done to address the human rights organizations. They could then Discussion process: disadvantages? go on reflecting about a project to Distribute copies of the handout. On the • Use available internet resources to basis of the handout, discuss the impact of Methodological hints: increase awareness about human rights the Internet, its disadvantages but also Assess how familiar participants are with the issues in their neighborhood. advantages using the following questions: internet prior to the activity so that you can • Create their own web site and link it to • Do participants know about human rights pitch the level and the overall approach. In other youth organizations to fight for a violations through the Internet (such as the feedback, it is a good idea to focus on human right in particular danger in their child pornography, cyber crime)? global as well as on local issues of access to community. • Why do those violations have an new information technology, making sure increasing impact on society? that those who completely lack access or Related rights/further areas of exploration: • What can the Internet do to prevent such have difficulties accessing the Internet can Any human rights things from happening? make their voices heard. SOURCE: ADAPTED FROM: COMPASS: A MANUAL ON HUMAN Ask one or two participants to write the key Tips for variation: RIGHTS EDUCATION WITH YOUNG PEOPLE. COUNCIL OF points up on the flipchart. “Internet for Human Rights” can be done as EUROPE PUBLISHING: STRASBOURG 2002 variation or following the activity. Collect information on various human rights organizations on both international and/or FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA 265 REFERENCES

Handout: POISONING THE WEB: HATRED ONLINE From Her Race Web site, which is housed at Asia-Europe Foundation. 2000. The Third Informal ASEM Seminar on Human Rights. Singapore. Stormfront, comes: “Gaia: Everyone’s The Internet, and particularly the World Mother”. It declares “Whites are facing Asia Media Information and Communication Centre. Wide Web, has grown dramatically since the extinction as more non- Whites reproduce and 2000. Media and Human Rights in Asia. Singapore: AMIC. creation of Stormfront, the first extremist hate invade our lands.” It asserts that “Whites site, in 1995, and its growth shows no sign of have a right to have more children than non- Boyle, Kevin. 2000. Restrictions on the Freedom of Expression, in: Asia-Europe Foundation (ASEF), The abating. As increasing numbers of people Caucasians.” Third Informal ASEM Seminar on Human Rights. come online, more are potentially exposed to Singapore, 27-37. the growing mass of bigotry easily available, Anti-Semites and racists have not been alone Burnheim, Sally. 1999. The Right to Communicate – The their attitudes and behavior conceivably in spreading hate on the Internet. Anti-gay Internet in Africa. London: Article 19. influenced by its malignant presence and web sites, anti-abortion web sites, and the Carver, Richard. 1995. Who Rules the Airwaves – insidious appeals. anti- government presence of the militia and Broadcasting in Africa. London: Article 19 and Index on common law court movement have joined Censorship. The appearance of a set of hate sites with them online, as have bomb- making pages, Chrétien, Jean-Pierre, et al. 1995. Rwanda – Les Médias contents created specifically by and for which promote violent extremism of all du Génocide. Paris: Karthala. extremist women, such as Her Race, Women kinds. Cohen, Stanley. 1995. Denial and Acknowledgement: for Aryan Unity, and World Church of the The Impact of Information about Human Rights Creator Women’s Frontier, heralds a new Combating online extremism presents Violations. Jerusalem: Centre for Human Rights, the development in online hate. By speaking up enormous technological and legal difficulties. Hebrew University of Jerusalem.

and working to define their own roles in the Even if it were electronically feasible to keep Council of Europe. 2002. Freedom of Expression in white supremacist “movement”, these female sites off the Internet, the international nature Europe, Case law concerning Article 10 of the European extremists have appropriated feminism’s of this medium makes legal regulation Convention on Human Rights. Strasbourg. struggle for women to be heard for the virtually impossible. Council of Europe. 2002. The media in a democratic despicable purpose of spreading intolerance. society: reconciling freedom of expression with the protection of human rights, Conference. Luxembourg: 30 Some hateful women on the Web echo the SOURCE: POISONING THE WEB: HATRED ONLINE; AN ADL REPORT September – 1 October 2002, positions promoted by their male ON INTERNET BIGOTRY, EXTREMISM AND VIOLENCE, AN http://www.coe.int/MediaLuxembourgE. counterparts: opposition to non- whites, ADL PUBLICATION, USA, 1999 Emirates Centre for Strategic Studies and Research. hatred of miscegenation, and anger at “anti- 1998. The Information Revolution and the Arab World – White” control of the media. Its Impact on State and Society. London: I. B. Tauris. 266 FREEDOM OF EXPRESSION AND FREEDOM OF THE MEDIA

Fallows, James. 1997. Breaking the News – How the (eds.), Human Security and the New Diplomacy. McGill- Welch, Claude E. 1998. The African Charter and Freedom Media Undermined American Democracy. New York: Queens University Press, 236-249. of Expression in Africa. Buffalo Human Rights Law Vintage. Review 4. Moeller, Susan D. 1999. Compassion Fatigue – How the Freire, Antonio. 1999. El Kike, la Checchi, La Elvira, El Media Sell Disease, Famine, War and Death. New York: White, Aidan. 2002. Journalism, Civil Liberties and the Gonzato y El Malo: La Tevedécada de los Noventa. Routledge. War on Terrorism, Final Report on The Aftermath of Santiago de Chile: Ediciones Eace. September 11 and the Implications for Journalism and Nowak, Manfred. 1993. Commentary on the U.N. Civil Liberties. International Federation of Journalists. Goff, Peter (ed.). 1999. The Kosovo News and Covenant on Civil and Political Rights. Kehl am Rhein: N. Propaganda War. Vienna: International Press Institute. P. Engel.

Gutman, Roy and David Rieff (eds.). 1999. Crimes of Pritchard, David (ed.). 2000. Holding the Media ADDITIONAL INFORMATION War – What the Public Should Know. New York: W. W. Accountable – Citizens, Ethics and the Law. Bloomington: Norton. Indiana University Press. Relevant Institutions and Associations/NGOs Hammond, Philip and Edward Herman (eds.). 2000. Rothberg, Robert I. and Thomas G. Weiss. 1996. From Degraded Capability – The Media and the Kosovo Crisis. Massacres to Genocide – The Media, Public Policy, and African Women’s Media Centre: London: Pluto Press. Humanitarian Crises, Washington. D. C.: The Brookings http://www.awmc.com Institution Press. Heyns, Christof. 2002. Civil and political rights in the Asia Media Information and Communication Centre: African Charter, in: Evans, Malcolm D. and Rachel Said, Edward. 1997. Covering Islam: How the Media and http://www.amic.org.sg Murray , The African Charter on Human and People’s the Experts Determine How We See the Rest of the World. Rights, The System in Practice, 1986-2000. Cambridge London: Vintage. Crimes of War Project: http://www.crimesofwar.org University Press, 137-177, 164ff. South African Human Rights Commission. 2000. International Federation of Journalists: www.ifj.org Human Rights Watch. 1998. Los Limites de la Faultlines – Inquiry into Racism in the Media. International P.E.N: www.internatpen.org Tolerancia: Libertad de Expresión y Debate Publico en Johannesburg. Chile, LOM. International Publishers Association (IPA): Todorovic, Mirjana. 2003. Freedom of Expression and the http://www.ipa-uie.org International Council on Human Rights Policy. 2002. Right to Dignity and Reputation, in: Todorovic, M. (ed.), Journalism and the challenge of human rights reporting. Culture of Human Rights. Belgrade Human Rights Centre, Media Foundation for West Africa: Geneva. 161-175. http://www.mediafoundationwa.org Keane, John. 1991. The Media and Democracy. United Nations Children Fund. 1999. The Media and Reporters Without Borders, Annual Report 2002: Cambridge: Polity Press. Children’s Rights – A Practical Introduction for Media http://www.rsf.fr Professionals. London: PressWise, 1999. Lenkova, Mariana (ed.). 1998. Hate Speech in the South East Europe Media Organization (SEEMO): Balkans. Athens: International Helsinki Federation. Uribe, Hern n. 1999. La Invisible Mordaza: El Mercado http://www.freemedia.at/seemo Contra la Prensa. Chile: Cuarto Proprio. McRae, Rob. 2001. Human Security, Connectivity, and the UNESCO Advisory Group for Press Freedom: New Global Civil Society, in: McRae, Rob and Don Hubert http://www.unesco.org/webworld/fed/temp/communic ation_democracy/group.htm DEMOCRACY REPRESENTATION AND PARTICIPATION PLURALISM DEMOCRATIZATION

»Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right to equal access to public service in his country. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.«

ARTICLE 21, UNIVERSAL DECLARATION OF HUMAN RIGHTS 268 DEMOCRACY ILLUSTRATION STORY

Democracy-Making in East Timor The first presidential elections were held on government created a human rights tribunal In 1999, after 450 years of foreign rule and 25 14 April 2002. The winner was Xanana in Jakarta to prosecute crimes against years of Indonesian occupation, the East Gusmao, a former guerrilla leader in the humanity committed in 1999. The tribunal Timorese voted for independence in a popular struggle for independence. Gusmao is a was set up to try government officials and referendum supervised by the UN. The call for legend among his people and it is hoped his members of security forces. independence from Indonesia was popularity will help to stabilize the country. immediately met with communal violence. The UNTAET was replaced by the UN Mission Many observers have criticised the tribunal’s Backed by Indonesian armed forces, pro- of Support in East Timor (UNMISET), which failure to indict a key suspect, General Indonesian militia groups responded by remains in the country until May 2003. With Wiranto, the chief of Indonesian armed forces killing at least 1000 people and deporting its 5000 troops and 1250 police officers, at the time of the massacres. Moreover, the hundreds of thousands to Indonesian West UNMISET helps the government provide officials who have already been tried have Timor. Towns and villages were destroyed by security for its citizens during its first year of either been acquitted or given lenient the troops. existence. sentences.

In response to the crisis the UN deployed On 27 September 2002 East Timor became the Both the United Nations Human Rights troops on 20 September 1999 and introduced 191st member of the United Nations. Commission and human rights groups such the Transitional Administration in East Timor as Amnesty International and Human Rights (UNTAET) on 26 October. Justice and Reconciliation Watch have argued that the trials have been East Timor’s transition to democracy has deeply flawed from the beginning. With the help of the UN, the Democratic been clouded by the fact that the majority of Republic of East Timor officially came into the people who perpetrated atrocities in 1999 Human rights advocates argue that an UN- being on 20 May 2002. An 88-member have not been held accountable for their sponsored international criminal tribunal constituent assembly was elected on crimes. should be created for East Timor the way it 30 August 2001 during the first free was for atrocities committed in the former democratic elections in East Timor. The Most of the perpetrators live in Indonesia, and Yugoslavia and Rwanda. assembly wrote the country’s constitution, the government refuses to extradite suspects which created a democratic republic with a to the East Timor authorities. The leaders of East Timor, however, are parliament, prime minister and ceremonial divided over the fate of the militia members president. Upon the initiative and recommendation of who perpetrated atrocities. the international community, the Indonesian DEMOCRACY 269

In an effort to promote a spirit of national SOURCE: ADAPTED FROM: BBC WORLD SERVICE. AVAILABLE AT: unity and reconciliation, President Gusmao HTTP://WWW.BBC.CO.UK/WORLDSERVICE/PEOPLE/FEAT has urged that those accused of violence URES/IHAVEARIGHTTO/INDEX.SHTML should be given amnesty. However, Prime Minister Mari Alkatiri argues that justice must be served. DISCUSSION QUESTIONS

More Challenges Ahead 1. Do you know of other states struggling for The government must also face the challenge democracy? What are the problems they of repatriating thousands of refugees. face? 2. Which main elements should a democrati- Over 250 000 East Timorese fled to West zation process feature and foster? Timor following the vote for independence in 3. How can the challenges faced by the new 1999, many under the threat of force. administration in East Timor be met Although most have returned to East Timor in democratically? recent months, it is estimated that around 4. How can active citizens contribute to the 30 000 East Timorese are still living as process of democratization in their coun- refugees in camps in Indonesia. tries? Try to give concrete suggestions.

The UN has stated that any refugees remaining in West Timor at the end of 2002 will be henceforth considered Indonesian citizens.

Many challenges lay ahead for the new nation, including how to deal with the perpetrators of atrocities, the hundreds of thousands of refugees and poverty, and, of course, the task to foster the newly achieved democratic structures. 270 DEMOCRACY NEED TO KNOW

1. DEMOCRACY ON THE RISE? GLOBAL DEMOCRATIC PROGRESS GLOBAL FRAGMENTATION

The right to participate is at the heart of Since 1980, 81 countries have taken Of the 81 new democracies, only 47 are fully human rights, and is a foundation of the significant steps towards democracy, with democratic. Many others do not seem to be principles, visions and values reflected by the 33 military regimes replaced by civilian in transition to democracy or have lapsed Human Security Network. The specific policy governments. back into authoritarianism or conflict. agenda followed by its member countries, the advancement of human security, relies on 140 of the world’s nearly 200 countries now Only 82 countries, with 57% of the world’s both participation and democracy. hold multiparty elections – more than at people are fully democratic. any time in history. Democracy is usually translated as rule of the people. However, democracy is hard to 125 countries, with 62% of the world’s 61 countries, with 38% of the world’s define – it is a form of government, it is also population, have a free or partly free press. population, still do not have a free press. an idea which underlines the socio-political and legal organisation of the state, it can be The number of countries ratifying the six 106 countries still restrict important civil seen as an ideology, it appears in the form of main human rights conventions and and political freedoms. many different models both in reality and in covenants has increased dramatically since scientific theory – altogether it is a token for 1990. Ratifications of ICESCR and ICCPR countless different meanings. grew from 90 to nearly 150.

Democracy is strongly related to the 38 countries have not ratified or signed the Worldwide, only 14% of parliamentarians principles of human rights and cannot ICCPR, and 41 have not ratified or signed are women-and in 10 countries none are function without assuring the full respect and the ICESCR. women. protection of human dignity. There is an apparent link between undemocratic In 10 countries more than 30% of parlia- structures and human rights violations. To mentarians are women. this date democracy is indisputably the SOURCE: system most conducive to guaranteeing UNDP, HUMAN DEVELOPMENT REPORT, 2002. human rights protection and human security. DEMOCRACY 271

Democracy depends on the interest and human development and human security – 2. DEFINITION AND DESCRIPTION active participation of its beneficiaries. Being three overlapping and interlinked concepts informed and having access to knowledge is that are at the core of a vision for an What Is Democracy and How a precondition to meaningful participation in innovative world order – can indeed only Did it Develop? a democratic system. Only those with a basic take root in societies in which democratic Democracy is a form of government in which understanding of how the system works, and values are not only propagated, but also state authority is derived from the people. knowledge of the mechanisms and insti- practiced. The word “democracy” originates from the tutions in a democratic society can contribute Ancient Greek words demos – meaning and benefit. Imparting this message is one of Only in a democracy, the respect for human people, and kratos – meaning power. The the most important functions of democratic rights implies freedom from fear and from principles of modern democracy gradually education, whose aim is the formation of threats to one’s fundamental existence; developed out of the Calvinist religious responsible citizens. human development asserts a claim to the movement during the 17th century especially resources and freedoms one needs to develop in Scotland, England and Holland where This module aims at sketching out a picture fully one’s human potential; human security communities began supporting and sharing of democracy and human rights which makes evokes freedom from hunger, war, ecological not only religious, but also political ideas. it clear that democracy is not something that disaster, corrupt governance and other The philosophy of freedom and equality for is achieved once and for all, but is a process impediments to a life lived in justice, all emerged and was further enhanced during that requires permanent work and commit- solidarity, with equality of opportunity for the period of Enlightenment to become ment. all. recognized later on as the core values of democracy. To sum it up, only equitable, free and Democracy and Human Security democratic participation in the political, The first modern democratic state was The human security agenda focuses on social and economic life of a state or a established in the USA, whereas France was attaining freedom from pervasive threats to community can promote human security. the first European state to be founded on people’s lives or livelihood, be they political, Only the full guarantee of human rights, democratic principles, following the French social or economic, and starts with the participatory governance, the rule of law, Revolution. notion that respect for human rights and sustainable development, and equal access to democratic freedoms as well as empower- resources can assure that human security After 1945 there has been a spread of liberal ment for human development are indispen- turns from a new diplomatic paradigm to a Western democracy both in Europe and sable for safeguarding and promoting human broad basis for democratic decision-making across the world, which has replaced the security. The advancement of human rights, and international co-operation. 272 DEMOCRACY

» My notion of democracy is that under it the weakest should have the same opportunity as the alternative authoritarian forms of govern- • Majority rule and minority rights – Even strongest.« ment. Following the defeat of fascist though democracy is per definition the governments, it seems as if the crisis MAHATMA GANDHI rule by the people, it is in fact the rule of witnessed by democracy in the 20th century the majority. This also means an has been overcome. The long and obligation of the majority to take into troublesome decolonization process in which democratic society. To better understand account the rights and different needs of the right to self-determination was those elements, education and learning on all minority groups. The extent to which this recognized by Western countries has finally levels have a key role to play. obligation is met is an indicator for the brought democracy to most of the former further enhancement of democratic values colonies. Dictatorships in Spain, Portugal, • Equality – The principle of equality in a society. Greece, Argentina and Uruguay have all means that all human beings are born Discrimination Module. become democracies during the past few equal, should enjoy equal opportunities decades. With the fall of the Berlin Wall in and participation in the political life of the • Rule of law and fair trial – Democracy is 1989 and the collapse of the Stalinist systems community as well as be entitled to equal meant to prevent a single person or a in Central and Eastern Europe, it seemed that treatment before the law. This includes small group from ruling over the people in democracy had indeed succeeded. However, also social and economic equality between an arbitrary manner. The rule of law still not all of the countries theoretically women and men. ensures that a state has an autonomous endorsing democracy as a form of Human Rights of Women Module. legal order ensuring equality before the government do fully respect the democratic law, limiting the power of public authority principles or live democracy in practice. This • Participation – Democracy is meaningless and providing equitable access to an rather paradoxical development demonstra- without participation. Participation in independent and fair judiciary. tes that holding a critical debate on community and policy affairs is a Fair Trial and Rule of Law Module. democracy and democratization is a precondition for building a democratic necessity. system. Democracy is a form of partici- • Respect for human rights – Accepting pation, yet participation is a broader that all human beings are born equal and Core Elements of concept and does not only have strong free in dignity and rights is the basis of a Modern Democracy political implications but also social and functioning democratic community. A It is difficult to measure how democratic a economic ones. But participation alone democratic state has the obligation to society is. However, there is a number of key cannot be a guarantee for democracy. assure the respect, protection and elements which constitute the basis of every fulfilment of all human rights in order to DEMOCRACY 273

ensure that its citizens can live free from democracies also need to protect l’esprit des lois”, 1748) in their fight fear and free from want. With respect to themselves, i. e. against terrorism. against the absolutist state, is a funda- democracy a special focus should be laid mental principle of modern democracies. on those rights crucial for civic partici- • Free and fair elections – Elections are According to this principle state power is pation, such as freedom of assembly, democracy’s most fundamental and divided between legislative, executive and freedom of speech, freedom of thought, unique characteristic. No other type of judicial bodies functioning independently conscience and religion. Still, civil and regime leaves the decision on political but accountable to each other and to the political rights alone cannot guarantee leadership to those primarily affected by people. This system of checks and peace and human security. Only if the the governmental system – the people. In balances provides for adequate control basic economic, social and cultural needs every election, they can express their mechanisms and as such prevents the are also taken into account, a favourable desire for change as well as their consent misuse of state power. environment for democracy can be with current policies and participate in a fostered. permanent process of evaluation. Theories of Democracy However, history has shown that it is not The dazzling complexity of democratic • Political pluralism – Traditionally it is the self-evident who has the possibility to reality has produced a vast array of theories task of political parties to consolidate the participate, and who does not. Women, for and models. diversity of ideas and opinions and to example, have been excluded from this represent them in the public debate. Only process for a very long time. In Appenzell- One distinction between groups of theories political pluralism can secure structures Innerhoden, a part of Switzerland, a shall be mentioned because of its traditional flexible enough to adapt to changing country well-known for its highly role and despite its being too simple for needs but still remain a stable ground for developed democratic structures, they today’s debate: the distinction between democratic governance. However, political acquired voting rights only at the identity and competition theory of demo- freedom can also be misused for spreading beginning of the 1990s. It is essential to cracy. In short, to see democracy as ideas that incite hatred, provoke violence ensure that the right to vote is universal, competition allows for different, legitimate and thus pose a threat to a democratic free, equal, secret and direct. opinions which compete (with the compe- society and order. In fact it is difficult to tition of opinions usually settled along the handle such tendencies democratically • Division of powers – The division of lines of majority rule). Democracy as identity without infringing the freedom of powers, introduced as a concept by Locke sees an identity between the rulers and the expression but also protecting the interests (“Two Treatises of Government,” 1690) ruled and denies the existence of legitimate of the society at large. To a certain extent, and furthered by Montesquieu (“De differences but strives to find what Rousseau 274 DEMOCRACY

called the volonté générale, subsequently to Direct democracy is a form of government in minister or a cabinet leader and is be put down in legislation. which the right to make political decisions is dependent on the confidence of the exercized directly by the whole body of parliament; the head of state usually has citizens, acting under procedures of majority little or no executive powers but only a rule. This form is only feasible in small representative function. Forms of Democracy entities. Therefore, no modern democratic – Presidential democracy: The executive is Today, democracies differ a great deal in their system is a purely direct democracy, though headed by the head of state him-/herself, design and structure. The traditional dis- almost all of them feature elements of direct who is directly elected by the people and tinction made concerning liberal democracies democracy. Institutions of direct democracy does not depend on the parliament’s is that between models of direct and are popular assemblies, popular legislative confidence. representative democracy. initiatives, recall, referenda, etc. When the two models are put into contrast, The second basic form is that of represen- differences that emerge include: tative democracy. This is a form of govern- - In a presidential system, separate elections ment in which the citizens exercise the same are held for the government and the right not in person, but through represen- parliamentary assembly, whereas in Direct tatives chosen by and accountable to them. parliamentary democracies one election democracy Two essential elements of representative decides both (while the head of state can democracy are the separation between the be elected separately). rulers and the ruled, and periodical elections - In parliamentary systems the government as a means of control of the rulers by the is authorized by the parliament, which ruled. can also recall it. This option is denied to parliaments in presidential systems, Representative democracy is associated with barring impeachment procedures. two basic systems of government: parliamen- - On the other hand the head of state in SOURCE: tary and presidential democracy. parliamentary systems usually has the D@DALOS possibility to dissolve the parliamentary – Parliamentary democracy: In this form of assembly under certain conditions. government the parliament has a central - Membership of parliament is a condition role; the executive is headed by a prime for membership in the government in DEMOCRACY 275

many parliamentary systems, whereas this Examples: The classic examples illustrating A major line of criticism in this context refers is incompatible in most presidential the model outlined above are: parliamentary to the “Euro-centrism” involved in much of systems. democracy as the model which underlies the the political thought, theory and practice - Parliament and government are usually systems of Great Britain and most Western with regard to democracy. more closely interlinked in parliamentary European states; on the other hand the democracies, whereas presidential systems United States of America are the best known There is no such thing as a “perfect have a clearer separation of powers. Yet, example of a presidential democracy. Even in democracy”, neither in the Eastern, nor the the executive power itself is often split Western Europe examples of peculiar models Western hemisphere. One may universally between a head of state on the one hand are quite numerous: Switzerland, France (a agree on several constitutive elements of and a prime minister on the other hand. semi-presidential democracy), Portugal. The democracy, but the importance placed on - Legislative initiative in parliamentary distinction can also be applied to all other these elements and their realization often democracies is to a large degree democracies world-wide, though they do not differ among cultures. Western under- incumbent on government initiative. necessarily make use of the same traditions standing of democracy in general is based on - Parties, in particular opposition parties, stemming from liberalism. the notion of an individual who gains play a much stronger role in representative maximum of freedom and voice in relation to democracies. free others in a democratic society. The 3 INTERCULTURAL overwhelming emphasis on civil and political Today, the most common form among the PERSPECTIVES rights underlying this model is a problem for numerous mixed models is that of a AND CONTRO- some other countries. parliamentary democracy with an enhanced VERSIAL ISSUES role for the head of state. The “Asian Values” Debate Democracy takes many forms, has various Some Asian social models are based on Forms of Democracy in Reality manifestations and is understood differently concepts of participation that have little to do Most existing democracies are combinations among cultures. While some democracies put with democracy as it is understood in the of these ideal types and feature elements an emphasis on the division of powers and West. They are based on a sense of from all forms. the rule of law, others might be community-orientation and traditional con- predominantly built around the concept of cepts of oligarchic leadership, rather than on participation. The distinctions emerging are the idea of maximum freedom for the mainly based upon the different interplay of individual. This model is not necessarily in- core elements constituting democracy. consistent with participation and democracy. 276 DEMOCRACY

It flows from foundational Confucian that Islam and democracy are compatible, DISCUSSION QUESTIONS teaching, and requires active participation of extremists or radical Islamists propagate the a moral and rational ruling elite acting for the opposite. The latter reject democracy by • Why are some elements of democracy common good. The so-called clash between saying that the concept of popular more important than others among diffe- “Asian” and “Western” values and notions of sovereignty denies the fundamental creed of rent cultures? democracy springs from a misunderstanding Islam which is God’s sovereignty. The basic • Is it acceptable to have different notions of of democracy and participation. Rather than legislative framework has been provided by democracy in different cultures? being criticism of democracy itself, Singa- Allah and cannot be modified. Anybody • If different interpretations of democracy porean leader/philosopher Lee Kuan Yew implementing his laws can only be his are inevitable and acceptable, where are and others’ critique is directed against the representative. This radical approach is the limits, i. e. what core elements must social and cultural order of the USA and opposed to basic democratic values, such as be retained under any circumstances in some other Western countries. openness, pluralism and the separation of order to perceive a given state as “demo- powers. cratic”? The Challenge of Democracy in the The Islamic vision of democracy is • What is the role of media in shaping the Muslim World manifested in the Shura, the Islamic concept notion of democracy in different cultures? Defining the relationship between Islam and of consultation in conducting common democracy has been problematic for both affairs. Consultation is required in mutual A Few Further Points for Thought Muslims and non-Muslims. Western affairs that affect collective life, whereby • The relationship between majority and observers who have asserted that Islam and people should have full freedom of minority, and in particular the protection democracy are incompatible, have based expression. However, the Shura is limited by of the political minority, is a crucial issue. their arguments on the Islamic understanding Allah’s legislation, leaving this means of The democratic principle of electing on the of the sovereignty of God, who is the sole Islamic participation as another obstacle to basis of the majority vote which thus source of political authority and from whose democracy in a Western understanding. gains the right to yield power means that divine law all regulations governing the Religious Freedoms Module. a minority is created and often excluded community of believers have to come. from political decision-making. This mino- rity has to comply with the majority’s Muslims, too, have been sharply divided in decisions. Minorities therefore require their understandings and approaches toward special protection in order to guarantee democracy. While leaders of mainstream respect for their rights and a fair degree of Islamic movements and many scholars think consideration for their political will. DEMOCRACY 277

• Civil society has become one of the key • Democracy and human rights are On the regional level, various mechanisms topics in the debate on and practice of inseparable – the relationship varies from safeguarding the principle of democracy democracy. Democracy needs free and ac- one of interplay to one of identity. In this exist. The European Convention of Human tive human beings, as well as responsible sense, all human rights are of crucial Rights, which offers the possibility to sue people. Bertolt Brecht has once ironically importance for and in a democracy. The member states for a breach of the Conven- suggested that the government, if so legal systems of some countries tion, is a good example. Since democracy is dissatisfied with the people, should differentiate between citizens’ rights and the only form of government considered in dissolve the people and elect a new one. human rights, meaning that some rights, the Convention, it is also the only form Only free and active citizens can challenge especially certain political rights, are compatible with it. In 1967 Denmark, their government and hold it accountable guaranteed to citizens only and others to Norway and Sweden took the decision to file to its pre-election commitments. all human beings. a complaint against Greece after a harsh Human rights can only be guaranteed in military regime had taken over control there. • Free and independent media are an and through a functioning democracy, but The Greek government thereafter resigned important pillar of every democracy. formal democracy alone does not guaran- from the Convention, but nonetheless the Control over the means of information is tee human rights and human security. The trial was carried on and ended with the nowadays almost synonymous with realization of human rights is therefore an suspension of Greece from the Council of control over decision-making in a demo- indicator for the vitality of a democracy. Europe. With the re-establishment of a cracy. Media play a crucial role in the daily democratic government in 1974, the life of democracies, be it newspapers, Convention entered into force again, and television, radio, the entertainment indus- 4. IMPLEMENTATION AND compensation had to be paid to the victims try and of course the internet. MONITORING of the military regime. Individuals, societies and states have to be able to communicate with each other. To No perfect democracies have ever existed or Obviously, not all mechanisms are as facilitate electorate’s decision-making, exist today. Modern democracies integrate to effective as that established by the Council of they have to be informed about the aims some extent all of the core elements of Europe, but there are various other organi- and objectives of those seeking to be democracy in their public life as a measure of zations struggling for protecting democracy, elected. Freedom of expression is therefore equality, non-discrimination and social too. In 1990, the OSCE established the Office another very basic and delicate human justice. Democracy is a process of constant for Democratic Institutions and Human right for the realization of a functioning interaction, perfection and adjustment bet- Rights (ODIHR) in Warsaw, which has the democracy. ween the basic needs of the society and the task, among others, to help OSCE partici- Freedom of Expression and Free- social structures in place to cater for those pating states in building, strengthening and dom of the Media Module. needs. protecting democratic institutions. It is in 278 DEMOCRACY

charge of the observation of national • Ratification of the ILO Freedom of The standards a democracy must fulfil are elections, thus ensuring the obedience to Association and Collective Bargaining not universally agreed upon. However, the democratic principles. Convention standards upon which a broad consensus can be reached are those of human rights. On the international level, the Inter- Additionally, a number of subjective Ensuring human rights is thus a crucial part Parliamentary Union is playing an important indicators, among them civil liberties and of ensuring democracy. Therefore, institutio- role. The IPU is composed of the parliaments political rights, press freedom and nal guarantors of human rights are indeed of sovereign nation states and seeks to foster accountability, political stability and lack of guarantors of democracy. dialogue and co-operation among peoples for violence, rule of law and corruption the strengthening of democracy worldwide. It perception index, constitute a helpful means The worldwide implementation of demo- was established as early as 1889 and till of assessing democratic governance. All these cracy depends on each and every individual, today is an organization for facilitating the indicators reflect the degree to which the core on state and international institutions networking of national parliaments and elements forming a democracy interact and required to breathe life into it and to help it promoting democracy. develop over time. They provide a basis for withstand authoritarian developments. To comparing democracies and other regimes make use of one’s right to vote, to express The United Nations Development and assessing progress towards democracy, opinions and thus participate in political life Program has presented a number of as well as a qualitative and quantitative and decision-making is of crucial importance. objective indicators for measuring the measure of the level of improvements Taking part in an active civil society is advancement of democracy in its Human reached or threats faced by a country. conducive to democracy as a whole. Development Report of 2002. These include: Education plays a key role in this process as In all genuine democracies, popular vote, it creates the knowledge that effectively • Date of most recent election nationally or locally, is the strongest makes participation possible in the first • Voter turnout monitoring mechanism, accompanied by free place. It is to these grass-roots elements of • Year women received right to vote and independent media and vigilant civil democracy-building that attention shall be • Seats in parliament held by women society. A change of government agendas drawn and that shall be further developed in • Trade union membership and power holding structures might result order to allow democracy to flourish and • Non-governmental organizations from such popular vote, which indepen- bear results for all equally and equitably. • Ratification of the International Covenant dently controls the level of implementation of on Civil and Political Rights the commitments undertaken by demo- cratically elected representatives. DEMOCRACY 279 GOOD TO KNOW

1. GOOD PRACTICES 2. TRENDS

On the Road to Democracy Women’s Political Participation Today, the participation of women in political In February 1990, in a historic speech, place at regular intervals on the basis of life is still highly disproportionate to that of Fredrik Willem de Klerk spoke in favor of the multi-party systems. men even though women form more than end of the Apartheid regime and of a half of the world’s population. This obvious democratic South Africa. His policy was Chile: Unlike other South American coun- imbalance points to certain deficits in a confirmed in a referendum, where 70% of tries, Chile has a history of over 150 years as number of national institutions otherwise the white population supported his reforms. a constitutional republic with democratically considered democratic. The first democratic elections in South Africa elected governments. The re-establishment of were held in April 1994 and in May 1994 democracy in Chile in 1990 after 17 years of The introduction of quotas for encouraging Nelson Mandela became the first black military rule under General Augusto and supporting the participation of women in President of South Africa. A new chapter in Pinochet, gave a new impetus to democratic political life has been used as a tool to the country’s development was opened. dialogue and regional and international co- improve the situation which is characterized operation. Today the Republic of Chile is by disproportionate representation and Central and Eastern Europe, Central Asia: consolidating democracy and actively unequal status of men and women in Since 1989, the former communist block promoting human rights and human security national parliaments. So far, only 10 countries experienced a wave of demo- in the whole region. countries in the world have achieved a cratization. New free and democratic parties representation of women in parliament were created in Poland, Bulgaria, the Czech Ferdinand Marcos’ dictatorship of the exceeding 30%, mostly by means of Republic, East Germany, Hungary, Romania, Philippines lasted from 1965 till 1986. In introducing quotas (fixed percentages for Slovakia and a number of ex-Soviet 1986 Corazon Aquino became President and assuring women’s presence in parliaments, Republics, and a peaceful, democratic restored the basic civil liberties (freedom of layed down in legislation). If the transition started changing their national speech, freedom of assembly and freedom of improvement continues at its current pace, it political landscapes. Thereafter, democratic the press) – the Philippines had taken the might take more than 50 years to achieve parliamentary and presidential elections took road to establishing a true democracy. fully proportionate and fair representation of women. 280 DEMOCRACY

Discussion question: Could you think of any Year 1945 1955 1965 1975 1985 1995 other incentives and tools for bridging the representational gap between men and Number of Parliaments 26 61 94 115 136 176 women in political life? % of women MPs 3.0 7.5 8.1 10.9 12.0 11.6

% of women Senators 2.2 7.7 9.3 10.5 12.7 9.4 Women in Parliament: 1945–1995 SOURCE: In 50 years, from 1945 to 1995: INTER-PARLIAMENTARY UNION, WWW.IPU.ORG, 2003 • The number of sovereign States having a Parliament has increased seven-fold; • The percentage of women MPs worldwide Single House Upper House Both Houses has increased four-fold; or Lower House or Senate Combined • The record average level was reached in 1988 with 14.8% of all MPs being women. Nordic countries 39.7% –- 39.7% Europe – OSCE member countries Human Rights of Women Module. including Nordic countries 18.1% 14.8% 17.4%

Americas 16.2% 18.4% 16.5% Democr@cy Online When the use of the internet began to spread Europe – OSCE member countries out in the mid-1990s, dreams of a better excluding Nordic countries 15.7% 14.8% 15.5% world were nurtured by some – a world Asia 15.4% 13.0% 15.2% where everybody could participate in political decision-making processes thanks to Sub-Saharan Africa 13.7% 12.7% 13.6% online communication, a world closer to Pacific 13.7% 25.9% 15.2% Greek ideals of democracy than ever before. Arab States 6.1% 2.6% 5.7% To sum it up, these dreams have not come

true yet. Indeed, it is very doubtful they ever SOURCE: will. WWW.IPU.ORG, AS OF 23 DECEMBER 2002 DEMOCRACY 281

Availability of internet access is not a Presently, approximately 400 million people be a substitute for a lack of commitment in substitute for democratic structures and does around the world are familiar with the use of the offline world. not by itself create political awareness – but the internet. 5,8 billion are not. The so called Freedom of Expression and Freedom it still has its advantages. Information can be digital divide between developed and of the Media Module. searched and retrieved worldwide in real developing countries (as well as between time, and, much more important, it can be urban and rural areas within developed Globalization and Democracy exchanged and used for creating informal countries) has a serious impact on every Traditionally, political participation has its organizational structures. This has happened democratic model – if a major part of the demarcation line at national boundaries, frequently in the last years. population is computer illiterate, it can not decisions affecting peoples’ lives are being easily participate in online activities. made with regard to specific territories. The activities of NGOs all over the world have increased dramatically thanks to online Democratic challenges are not only about In the age of globalization many decisions communication, establishing links between assuring access, but also about contents. For and their outcomes stretch beyond national movements in all parts of the world. example, the highly racist Ku-Klux-Klan in frontiers. Furthermore, new strong global Campaigns can reach more people than ever the USA claims that since it has an online players such as multinational companies and before, mobilizing new forms of issue- presence, the number of its members has international organizations are responsible oriented cooperation across borders. Totali- risen considerably, and that its level of for far-reaching socio-economic changes in tarian regimes have no or only limited means organization keeps on increasing. In France, our world. Globalization can also facilitate to prohibit the exchange of “revolutionary” the internet portal “Yahoo!” has been sued the spread of democracy by making new ideas online. Individuals can express their for offering neo-Nazi memorabilia on its technologies and information more acces- opinion more easily and make it widely auction sites – but the offers were made in sible. available, thus finding support by like- the USA, where this behaviour is not illegal. minded people. Meanwhile, “Yahoo!” declared on a volun- The default of democracy in this globalizing tary basis to monitor and prohibit such world, where decision-making is often in the There are new potentials for democracy, but activities. hands of economic forces or powerful there are also new risks. The lack of political institutions, is responded to by one of the awareness and democratic structures in the Democracy is a complex process, and in broadest international social movements of offline world is also reflected online. order to work properly, it needs our full recent times – the anti-globalization move- commitment. The internet can be a medium ment. Anti-globalization adherents stand up to facilitate communication, but it will never for a variety of purposes including protection 282 DEMOCRACY

of the environment, debt forgiveness, animal organized the World Social Forum gathering Democratic Deficits in International rights, the protection of children, anti- in Porto Alegre, Brazil as an alternative to the Organizations, Multi-national capitalism, peace, and human rights. What explosive mass demonstrations. The 60 000 Corporations and Non-governmental they have in common is the feeling that the attendees to the event discussed alternatives Organizations globalized world lacks democratic fora. to global capitalism, opposition to militarism and support for peace and social justice. The role of states on the regional and global The movement’s key mode of campaigning is level is changing. International organi- mass demonstrations. It first came to the Exercising their right of assembly, civil zations, multi-national corporations and attention of the international media in 1999 society has triggered a public debate on non-governmental organizations have when 100 000 demonstrators marched on the democratic global governance, the demo- entered the scene as important actors in opening ceremony of the World Trade cratisation of international economic world politics. Their decisions and regula- Organisation’s (WTO) third ministerial relations and the participation of civil society tions affect the policies of states and the lives meeting in Seattle. Thereafter, other protests in international institutions. The movement of millions of people. Therefore, one of the have occurred at the meeting of the World calls attention to the constant danger that key questions which needs to be answered is: Bank and the International Monetary Fund economic liberalism could undermine its How democratic/undemocratic are these (IMF) in Washington DC and Prague, the own bases in civil and political liberties by non-state actors? Finding an answer to this World Economic Forum in Davos deriding the importance of economic and question means exploring practices and (Switzerland), the European Union summit social rights. policies as well as decision-making processes in Gothenburg (Sweden), and at the G8 of every international organization, MNC and summit in Genoa (Italy). Even though changes of the scenery in which NGO and researching if the principles of international decision-making takes place democracy – accountability, legitimacy, parti- While the majority of protesters are non- and new ways of participation seem to be far- cipation, representation and transparency – violent, there is a camp of radical protesters fetched dreams, (new) global players are fulfilled. Proposals for democratizing the who actively incite violence at increasingly have to give account on what non-state actors are widely discussed. demonstrations by hurling missiles or they are doing due to increased public Examples include: a reform of the Security destroying property. They take the focus attention and are forced to think about new Council; the creation of a Global Peoples away from the movement’s agenda because ways of democratic representation, trans- Assembly and a more democratic and they draw the main attention of the media on parency and accountability. effective decision-making system for the them, which many think is unfortunate. Freedom from Poverty Module and WTO, IMF and World Bank; establishing a Therefore, in February 2002, activists Work Module. parliament for the WTO; introducing Codes of Conduct and Codes of Ethics for NGOs and MNCs. DEMOCRACY 283 SELECTED ACTIVITITES

ACTIVITY I: Preparation: positioning behind the person whose view CAMPAIGNING • Make two signs, “Agree” and “Disagree”, they agree with to a higher degree; or stay and tape them onto either end of a long in the centre when they are undecided. PART I: INTRODUCTION wall or on the floor. – Give the two participants on the chairs This is a discussion-based activity that • Place two chairs in the center of the room, one minute to state their reasons for addresses rights and responsibilities connec- leaving space around them in order to disagreeing or agreeing with the original ted with democracy and democratic debate. allow people to move around. statement. No one should interrupt or assist them. Everyone should keep silence. Type of activity: Discussion Skills involved: – After their statements, ask the others in Communicating, cooperating, expressing the group to move behind one or the other PART II: GENERAL INFORMATION different points of view on an issue, of the speakers (they can not remain ON THE DISCUSSION respecting other opinions undecided), so that there is one group Aims and objectives: “for” and one group “against” the • To practice and develop skills which are PART III: SPECIFIC INFORMATION statement. Give both groups ten minutes required for listening, discussions and ON THE DISCUSSION to prepare arguments supporting their persuasion – Point out the two signs at either end of the position and to select a different speaker • To encourage co-operation and teamwork wall/floor, and explain that you are going who will present these arguments, to read out a statement, with which the – Give these new speakers three minutes Target group: Young adults and adults participants may agree to a greater or each to deliver their arguments. After their lesser extent. speeches, supporters for one or the other Group size/social organization: Any – Select one statement from the list below side may change position and move to the and read it out to the group. opposite group if the opposite side’s Time: 60 minutes – Tell participants to position themselves arguments have convinced them. along the wall between the two signs Materials: according to the degree to which they Feedback: Paper and color pens to prepare the signs, agree or disagree. Bring the group back together for the tape, paper and pens for making notes – When people have positioned themselves, feedback. Now move on to reflect on the invite the two at the furthest extremes to process and purpose of discussion as a form, occupy the two chairs. Everyone else and on the reasons for regarding a pluralist should now gather around the chairs society as a high value. Try not to get drawn back into a discussion of the issue itself. 284 DEMOCRACY

• Did anyone change his or her mind during content and presentation of their own groups, disabled persons etc.), pollution, the course of the discussion? If so, what opinions, but also about the type and form of unemployment, poverty, oppression through were the arguments that convinced argument that will be most persuasive. the state and violations of human rights in him/her? general. Clip pictures out and show them to • Do participants think that any other factor Note: It will take about 30 minutes to discuss the participants. Let each of them choose one than the arguments had an influence on one statement going through the different picture that they can still tolerate and one them. Examples could be peer pressure, rounds of discussion. It is advisable to be they cannot tolerate anymore. Participants emotional language or a feeling of rivalry. flexible about the exact order of events, should give reasons why they chose those • For those who did not change their view, depending on the group. Generally, distur- particular pictures without starting a was there any purpose behind this and in bances in the group take precedence over the discussion. Explain to the others that they the exercise? Can they imagine any discussion. must respect each participant’s opinion. evidence that might persuade them to change their views? Tips for variation: SOURCE: THIS ADDITIONAL PART IS ADAPTED FROM: SUSANNE • Why do people hold different opinions? Ist You can raise the issue of whether ULRICH. 2000. ACHTUNG (+) TOLERANZ – WEGE this acceptable or should something be “pluralism” or freedom of expression should DEMOKRATISCHER KONFLIKTLÖSUNG. VERLAG done about it in a democratic society? be subject to any limitations in a democratic BERTELSMANN STIFTUNG. • Should all opinions be tolerated in a society. Should for example racist or democracy? nationalist demonstrations be permitted? Related rights/further areas of exploration: Where and how does a democracy have to Freedom of expression and any other human Methodological hints: draw the line between the acceptable and the right The first part of the activity, when unacceptable? In the context, you can discuss participants position themselves, should not the notion of “tolerance” and how people SOURCE: THE DISCUSSION ACTIVITY IS ADAPTED FROM: take more than a few minutes. This warming understand it. COMPASS – A MANUAL ON HUMAN RIGHTS EDUCATION up activity aims to establish people’s WITH YOUNG PEOPLE. 2002. COUNCIL OF EUROPE “starting positions” and to make them see PART IV: FOLLOW-UP: PUBLISHING: STRASBOURG. where they stand. The purpose of the activity Select pictures from newspapers and maga- is as much to practice skills of communi- zines that show controversial issues featuring Statements that may be used for the cation and persuasion as to think through the in a current debate. Try to cover subjects discussion: issues themselves. Participants should be such as discrimination of certain groups – We have a moral obligation to use our vote encouraged to think not only about the (children, women, foreigners, religious in elections. DEMOCRACY 285

– We should obey all laws, even unfair ones. interests and concerns of different societal Skills Involved: – The only people who have any power in a and political movements collide over a so- Communicating, co-operating, expressing democracy are politicians. called “hot topic”. The press is attending and different points of view on the issue, – People get the leaders they deserve. documenting the meeting. respecting other opinions – “In a democracy everybody has the right to be represented, even the jerks.” (Chris Type of activity: A simulation game PART III: SPECIFIC INFORMATION Patten) ON THE SIMULATION – 51% of a nation can establish a totalitarian PART II: GENERAL INFORMATION Introduction of the Topic: regime, suppress minorities and still ON THE SIMULATION Start to introduce the activity by explaining remain democratic. Aims and objectives: the fictitious situation, that the group will be – „The job of a citizen is to keep his mouth • To experience processes that take place taking part in. open.“ (Günter Grass, writer) when people/a community try to make – “The best argument against democracy is sense of something that is happening The intended erection of a minaret is moving a five minute conversation with the • To identify and understand political your community. At short notice, an open average voter.” (Winston Churchill) contexts and mechanisms community council is called to decide upon • To elaborate on and put forward different the claim of the Islamic community to build Note: You can find other statements related viewpoints the Minaret in its full height, which would be to any other human right. The statements • To identify the limits of democratic and higher than the steeple of the church. should be formulated in such a way that they respectful behavior provoke the expression of different opinions. • To foster sympathy for all sides that are List on the flip chart the different roles you party to a conflict are going to allot to the participants. The following people can take part in an open ACTIVITY II: Target Group: Young adults and adults council: A MINARET IN OUR COMMUNITY? Group Size/Social Organization: 15–30 • The mayor of the community as the chair of the assembly PART I: INTRODUCTION Time: 2–3 hours • Town council members (3–5 persons) This activity simulates an open council- representing different parties assembly in your community or a fictitious Preparation: small village. This is the scene where diverse Sheets of paper for name tags, a flip chart and paper 286 DEMOCRACY

• Members of the working group “For one Simulation: objectives. The prepared role-profiles should world – against xenophobia” (3–6 per- Elements to include the approximate amount be their guidelines. Then, the mayor calls to sons) of time required the poll to decide if permission shall be • Members of the citizens’ action committee granted to the Islamic Community for the “Welcome to our lovely community!” (3–5 Phase 1: Preparation (20 minutes) construction of a full-size minaret. persons) Ask participants to get together in the groups • Members of the Islamic Community (3–5 they have chosen. If possible, they should all Phase 3: Feedback (45 minutes) persons) be able to leave the classroom and have Bring the participants back into a circle • The press: Journalists of two local enough space to be on their own. The which enables a discussion and start the newspapers with opposite political characters shall get to know one another and feedback round by greeting everybody by approaches (1–2 persons each) decide and prepare their strategy for the open their real names. This is particularly • Citizens, who are going to take part in the council. The press starts editing their important to allow participants to get out of assembly (if there are enough partici- newspapers and takes first interviews. During the roles they performed and get back to pants) this phase you prepare the boardroom for the behaving as their normal selves. meeting: The groups should be placed at four Note that the better you describe the diverse different tables. Nametags are put onto each On the personal level, ask participants characters, the more effective the simulation table. The mayor should be seated in an • Does the result of the simulation reflect will be. If you wish, you can write down elevated position and has a bell and a watch the objective of your role? some characteristics of the different people on his/her table. Explain the rules of • How much influence did you (in your on the flipchart. Try to establish a set of roles procedure separately during the meeting to role) have on the result? that consists of a variety of contrasting the person acting as the mayor. • Did interaction with others necessitate characters, in order to stimulate a better changes in your strategy? discussion. Phase 2: Open Council Meeting (45 minutes) Try to avoid a pursuit of the simulation and Now sketch out a timetable: Before the actual The mayor is the head and chair of the to stick to the reflection itself. simulation starts, participants will develop assembly and opens the meeting with a small their personality and write it down in speech to introduce the topic and welcome To analyze the simulation in comparison to a keywords (about 15 minutes). All partici- the participants. His/her main task is to real life open council, ask pants have to stick to their assigned roles and moderate the meeting. The groups are mitigate their own positions. successively asked to give their opinions and DEMOCRACY 287

• Was it easy or difficult to identify with Tips for variation: your role? Depending on your community context, you • How close was the simulation to a real can and should change the topic to “A situation? Church in Our Community” or a “Buddhist Temple in Our Community” instead of a Methodological hints: minaret. If possible, you should do this activity together with another trainer in order to be PART IV: FOLLOW-UP: able to answer questions and to co-ordinate If available, the persons representing the role each step of the activity at the same time. of “the press” in the simulation could record When assigning the roles, note that the role or film the open council meeting and use this of the mayor is highly demanding as it documentation as basis for an analysis of the structures the course of the simulation. You discussion and its rules one day later. should therefore go through this before the simulation together with the participant In an approach to the topic of local playing the mayor. Note that you are still democracy in different environments, leading the activity and that it might be participants can take a look into their own necessary to intervene in the course of the surroundings, find real life cases and simulation, if participants start disrespecting document them. Their results could be each other. Also, interrupt if the simulation displayed in a map or a small exhibition. gets out of control (invention of new facts, changing of the topic). If the open council Related rights/further areas of does not come to an agreement, point out exploration: that this can reflect a result in real life and Discrimination, religious freedoms, freedom does not mean that the activity has failed. of expression and freedom of the media

SOURCE: ADAPTED FROM: SUSANNE ULRICH. 2000. ACHTUNG (+) TOLERANZ – WEGE DEMOKRATISCHER KONFLIKTLÖSUNG. VERLAG BERTELSMANN STIFTUNG. 288 DEMOCRACY REFERENCES

Annan A. Kofi. 2000. We the Peoples: The Role of the Kovach Hetty, Neligan Caroline, Benall Simon. 2003. Bank Information Center: www.bicusa.org United Nations in the 21st Century. New York: United The Global Accountability Report 2003: Power without Nations. available online under: accountability?. London: One World Trust. available Bretton Woods Project: www.brettonwoodsproject.org http://www.un.org/millennium/sg/report/ online under: http://www.wto.org/english/news_e/news03_e/gar2003 Charter99: www.charter99.org Democracy Coalition Project: _e.pdf http://www.demcoalition.org/html/home.html Foreign Policy in Focus: www.foreignpolicy-infocus.org Nayyar Deepak, Court Julius. 2002. Governing Fox, Jonathan. 1999. The World Bank Inspection Panel: Globalization: Issues and Institutions. Helsinki: UNU/ Inspection Panel of the World Bank: Will it increase the Bank’s Accountability?. Santa Cruz: WIDER. www.inspectionpanel.org University of California. available online at: http://hypatia.ss.uci.edu/brysk/Fox.html Nye Joseph S. 2001. Globalization’s Democratic Deficit: One World Trust: www.oneworldtrust.org How to make International Institutions more accountable. Open Society Foundation: www.soros.org IDEA International: www.idea.int Foreign Affairs (Volume 80, Issue 4). New York: Coucil on Foreign Relations. Inter-Parliamentary Union: www.ipu.org United Nations: www.un.org Porter Tony. 2001. The democratic deficit in the United Nations Development Programme: UNDP. 2002. Human Development Report. Oxford: institutional arrangements for regulating global finance. www.undp.org Oxford University Press. Global Governance: A Review for Multilaterism (Vol. 7, Issue 2, 2001). California: Lynne Rienner Publishers, World Bank: www.worldbank.org ACUNS + UNU. World Trade Organization: www.wto.org ADDITIONAL INFORMATION Reinalter Helmut. 2002. Die Zukunft der Demokratie. Innsbruck: Studien Verlag.

Beetham David and Kevin Boyle. 1995. Introducing Resolution establishing the Inspection Panel: Reso- Democracy: 80 Questions and Answers. Cambridge: Polity lution No.IBRD 93-10 = Resolution No.IDA 93-6 Press. Scholte Jan Aart. 2002. Civil Society and Democracy in Inoguchi Takashi, Newman Edward, Keane John. Global Governance. Global Governance: A Review for 1998. The changing nature of democracy. United States: Multilaterism (Vol. 8, Issue 3, 2002). California: Lynne United Nations University Press. Rienner Publishers, ACUNS + UNU.

Held David. 1995. Democracy and the global order: From UNDP. 2002. Human Development Report 2002: the Modern State to Cosmopolitan Governance. Oxford: Deepening Democracy in a fragmented world. New York: Polity Press. Oxford University Press. Available online at: http://hdr.undp.org/reports/global/2002/en/ Keohane O. Robert, Nye S. Joseph. 2001. Global Governance and Democratic Accountability. Paper. Woyke Wichard. 2000. Handwörterbuch Internationale Durham: Duke University. available online at: Politik. Opladen: Leske+Budrich. http://www.poli.duke.edu/people/Faculty/docs/millpap er.pdf III. ADDITIONAL RESOURCES

LITERATURE RESOURCES CONTACTS

»Human Rights Education and Learning can make a vital contribution to human security by expressing the objectives of human security within a human rights framework. In this respect, cooperation will be developed amongst the HSN members.«

GRAZ DECLARATION ON PRINCIPLES OF HUMAN RIGHTS EDUCATION AND HUMAN SECURITY, 2003 290 ADDITIONAL RESOURCES A. THE ONGOING STRUGGLE FOR HUMAN RIGHTS – CHRONOLOGY

STRUGGLES AND HISTORICAL EVENTS CONFERENCES, DOCUMENTS AND INSTITUTIONS Many religious texts emphasize the importance of DECLARATIONS equality, dignity and responsibility to help others Codes of conduct – Menes, Asoka, Hammurabi, Over 3,000 years ago Hindu Vedas, Agamas and Draco, Cyrus, Moses, Solo and Manu Upanishads; Judaic text the Torah 1215 Magna Carta signed, acknowledging that even a 2,500 years ago Buddhist Tripitaka and A guttara- sovereign is not above the law Nikaya and Confucianist Analects, Doctrine of the 1625 Dutch jurist Hugo Grotius credited with birth of Mean and Great Learning international law 2,000 years ago Christian New Testament, and 600 1690 John Locke develops idea of natural rights in years later, Islamic Qur’an Second Treatise of Government

18TH–19TH CENTURIES 1789 The French Revolution and the Declaration of 1792 Mary Wollstonecraft’s A Vindication of the 1809 Ombudsman institution established in Sweden the Rights of Man and of the Citizen Rights of Woman 1815 Committee on the International Slave Trade 1815 Slave revolts in Latin America and in France 1860s In Iran Mirza Fath Ali Akhundzade and in Issue, at the Congress of Vienna 1830s Movements for social and economic rights – China Tan Sitong argue for gender equality 1839 Antislavery Society in Britain, followed in 1860s Ramakrishna in India, religious movements in the 1860s Rosa Guerra’s periodical La Camelia by Confederação Abolicionista in Brazil West champions equality for women throughout Latin 1863 International Committee of the Red Cross 1840 In Ireland the Chartist Movement demands America 1864 International Working Men’s Association universal suffrage and rights for workers and poor 1860s In Japan Toshiko Kishida publishes an essay, I 1898 League of Human Rights, an NGO, in response people Tell You, My Fellow Sisters to the Dreyfus Affair 1847 Liberian Revolution 1860-80 More than 50 bilateral treaties on abolition of 1861 Liberation from serfdom in Russia the slave trade, in all regions

THE 20TH CENTURY 1900–29 1900–15 Colonized peoples rise up against imperia- 1900 First Pan-African Congress in London 1902 International Alliance for Suffrage and equal lism in Asia and Africa 1906 International convention prohibitinng night Citizenship 1905 Workers movements in Europe, India and the work for women in industrial employment 1905 Trade unions form international federations US; in Moscow 300,000 workers demonstrate 1907 Central American Peace Conference provides for 1910 International Ladies’ Garment Workers` Union 1910 Peasants mobilize for land rights in Mexico aliens` right to appeal to courts where they reside 1919 League of Nations and Court of International 1914–18 First World War 1916 Self-determination addressed in Lenin’s Justice 1914 onward Independence movements and riots in Imperialism, the Highest Stage of Capitalism 1919 International Labour Organization (ILO), to Europe, Africa and Asia 1918 Self-determination addressed in Wilson’s advocate human rights embodied in labour law 1915 Massacres of Armenians by the Turks “Fourteen Points” 1919 Women’s International League for Peace and 1917 Russian Revolution 1919 Versailles Treaty stresses right to self-determi- Freedom 1919 Widespread protests against the exclusion of nation and minority rights 1919 NGOs devoted to women’s rights start racial equality from the Covenant of the League of 1919 Pan-African Congress demands right to self- addressing children’s rights; Save the Children (UK) Nations determination in colonial possessions ADDITIONAL RESOURCES 291

1920s Campaigns for women’s rights to contraceptive 1923 Fifth Conference of the American Republics, in 1922 Fourteen National human rights leagues in formation by Ellen Key, Margaret Sanger, Shizue Santiago, Chile, addresses women’s rights establish International Federation of Human Rights Ishimoto 1924 Geneva Declaration of the Rights of the Child Leagues 1920s General strikes and armed conflict between 1924 US Congress approves Snyder Act, granting all 1920s National Congress of British West Africa in workers and owners in industrialized world Native Americans full citizenship Accra, to promote self-determination 1926 Geneva Conference adopts Slavery Convention 1925 Representatives of eight developing countries found Coloured International to end racial discrimi- nation 1928 Inter-American Commission on Women, to en- sure recognition of women’s civil and political rights

1930–49 1930 In India Gandhi leads hundreds on long march 1930 ILO Convention Concerning Forced or Compul- 1933 Refugee Organization to Dandi to protest salt tax sory Labour 1935–36 International Penal and Penitentiary 1939–45 Hitler’s Nazi regime kills 6 million Jews and 1933 International Convention for the Suppression of Commission, to promote basic rights of prisoners forces into concentration camps and murders the Traffic in Women of Full Age 1945 Nuremberg and Tokyo trials Gypsies, Communists, labour unionists, Poles, 1941 US President Roosevelt identifies four essential 1945 United Nations Ukrainians, Kurds, Armenians, disabled people, freedoms – of speech and religion, from want and fear 1946 UN Commission on Human Rights Jehovah’s Witnesses and homosexuals 1945 UN Charter, emphasizing human rights 1948 Organization of American States 1942 René Cassin of France urges creation of a 1948 Universal Declaration of Human Rights 1949 Council of Europe international court to punish war crimes 1948 ILO Convention on the Freedom of Association 1942 US government interns some 120,000 Japanese- and Protection of the Right to Organize Americans during Second World War 1949 ILO Convention on the Right to Organize and 1942–45 Antifascist struggles in many European Collective Bargaining countries 1949 Chinese Revolution

1950–59 1950s National liberation wars and revolts in Asia; 1950 European Convention on Human Rights 1950 ILO fact-finding commission deals with some African countries gain independence 1951 ILO Equal Retribution Convention violations of trade union rights 1955 Political and civil rights movement in US; Martin 1957 ILO Convention Concerning Abolition of Forced 1951 ILO Committee on Freedom of Association Luther King Jr. leads the Montgomery bus boycott Labour 1954 European Commission of Human Rights (381 days) 1958 ILO Convention Concerning Discrimination in 1959 European Court of Human Rights Employment and Occupation 1960–69 1960s In Africa 17 countries secure right to self- determination, as do countries elsewhere 1962 National Farm Workers (United Farm Workers of 1965 UN International Convention on the limitation 1960 Inter-American Commission on Human Rights America) organize to protect migrant workers in US of All Forms of Racial Discrimination holds its first session 1960s–70s Feminist movements demand equality 1966 UN International Convention on Civil and 1961 Amnesty International Political Rights 1963 Organization of African Unity 1966 UN International Convention on Economic, 1967 Pontifical Commission for International Justice Social and Cultural Rights and Peace 1968 First World Conference on Human Rights, in Tehran 292 ADDITIONAL RESOURCES

1970–79 1970s Human rights issues attract broad attention – 1973 UN International Convention on Suppression 1970 First commissions on peace and justice in apartheid in South Africa, treatment of Palestinians in and Punishment of the Crime of Apartheid Paraguay and Brazil occupied territories, torture of political opponents in 1973 ILO Minimum Age Convention 1978 Helsinki Watch (Human Rights Watch) Chile, “dirty war” in Argentina, genocide in 1974 World Food Conference in Rome 1979 Inter-American Court of Human Rights Cambodia 1979 UN Convention on the Elimination of All Forms 1970s People protest against Arab-Israeli conflict, of Discrimination Against Women (CEDAW) Vietnam war and Nigeria-Biafra civil war 1976 Amnesty International wins Nobel Peace prize

1980–89 1980s Latin American dictatorships end – in Argen- 1981 African Charter on Human and Peoples’ Rights 1983 Arab Organization for Human Rights tina, Bolivia, Paraguay, Uruguay 1984 UN Convention Against Torture and Other 1985 UN Committee on Economic, Social and 1988 In the Philippines peaceful People’s Power Cruel, Inhumane or Degrading Treatment or Punish- Cultural Rights Movement overthrows Marcos dictatorship ment 1988 Africa Commission on Human and Peoples’ 1989 Tiananmen Square 1986 UN Declaration on the Right to Development Rights 1989 Fall of the Berlin Wall 1989 UN Convention on the Rights of the Child

1990–2003 1990s Democracy spreads across Africa; Nelson 1990–96 Global UN conferences and summits on the 1992 First Organization for Security and Co-operation Mandela released from prison and elected president issues of children, education, environment and in Europe (OSCE) High Commissioner for National of South Africa development, human rights, population, women, Minorities 1990s Ethnic cleansing in former Yugoslavia, and social development and human settlements 1993 First UN High Commissioner for Human Rights, genocide and massive human rights violations in 1998 Rome statute for establishing International appointed at the Vienna Conference Rwanda Criminal Court 1993–94 International criminal tribunals for former 1998 Spain initiates extradition proceedings against 1999 CEDAW Optional Protocol for Individual Yugoslavia and Rwanda General Pinochet of Chile Complaints 1995 South African Truth and Reconciliation 1999 Doctors without Borders win Nobel Peace prize 1999 ILO Worst Forms of Child Labour Convention Commission 2000 Court in Senegal charges former Chadian 2000 Millenium Summit: “The Role of the United 1995-99 Ten countries launch national plans of action dictator Hissene Habre with “torture and barbarity” Nations in the 21st Century” (New York, 6–8 for the protection and promotion of human rights 2000 Escalation of violence between Israelis and September) 1999 Human Security Network established Palestinians since 2000 (Al-Aqsa Intifada) 2000 “Beijing+5” – Conference on the Rights of 2002 Rome Statute of the International Criminal 2001 Peace Price awarded jointly to the U. N. and Kofi Women Court (ICC) entered into force (1 July 2002) Annan 2000 CEDAW optional protocol entering into force 2003 The ICC takes up its work 1 January 2003 2001 Terrorist attacks on the WTC and the Pentagon, (complaints procedure for individuals) President Bush launched the “war against terrorism” 2001 targeting “terrorist infrastructures” in Afghanistan World Conference against Racism, Racial Discrimi- 2002 International Criminal Tribunal for the Former nation, Xenophobia and Related Intolerance (Durban, Yugoslavia (ICTY) takes up the trial against Slobodan South Africa, 31 August – 7 September 2001) Milosevic 2002 Adoption of the Optional Protocol to the UN March 2003 US strike against Iraq Convention against Torture (universal system of visits) SOURCE: 2002 May 2002: UN General Assembly: Special ADAPTED FROM Session on Children “UNDP, HUMAN DEVELOPMENT REPORT 2000” ADDITIONAL RESOURCES 293 B. SUGGESTED LITERATURE ON HUMAN RIGHTS

The following books give basic information on the and standards and is intended to be comple- strategic problems and approaches and offers a International Human Rights System and its mented by more specialized studies. The book will range of strategies for sanctioning human rights sources. They are useful as a background infor- be of particular interest to undergraduate students, offenders and for inhibiting the behaviour of those mation for anybody interested in human rights but it may also be used during separate human who might otherwise engage in such activities. and especially for human rights educators. They rights courses, by practitioners, by NGO workers The contributors include Noam Chomsky, Justice also provide basic knowledge and information for and activists and by all those interested in human Richard Goldstone of the Constitutional Court of further research. rights. South Africa and David Rawson, United States Ambassador to Rwanda during the tragic geno- Title: A Guide to Human Rights. Institutions, Title: Economic, Social and Cultural Rights. A cide. Standards, Procedures Textbook. Second revised Edition Author/Editor: Janusz Symonides, Vladimir Author/Editor: Asbjorn Eide, Catarina Krause, Title: Human Rights: Concept und Standards Volodin Allan Rosas Author/Editor: Janusz Symonides (ed.) Place of Publication: France Place of Publication: Dordrecht; Boston; London Place of Publication: Aldershot Publisher: UNESCO Publisher: Martinus Nijhoff Publisher: Dartmouth Publishing Company Year of Publication: 2001 Year of Publication: 2001 Limited Content: This publication presents brief infor- ISBN: 90-411-1595-1 Year of Publication: 2000 mation on major human rights instruments; Content: This book is a comprehensive textbook ISBN: 92-3-103589-4 procedures and mechanisms to protect human on internationally recognized economic, social Content: This volume presents reflections on rights; principal events and institutions dealing and cultural rights. It focuses these categories of historical perspectives and philosophical with human rights issues. It is designed for those rights but also analyses their relationship to civil foundations of human rights. It gives a detailed interested in human rights, primarily educators, and political rights. This second revised edition analysis of civil, political, economic, social and students, human rights activists and mass media includes chapters on the domestic realization of cultural rights as well as the rights of persons professionals. economic, social and cultural rights. belonging to such vulnerable groups as women, children, minorities, indigenous people and Title: An Introduction to the International Title: Effective Strategies for Protecting Human migrant workers, and the interrelation between Protection of Human Rights Rights: Economic Sanctions, Use of National humanitarian law and human rights. Author/Editor: Hanski Raija/Suksi Markku (eds.) Courts and International Fora and Coercive Place of Publication: Turku/Åbo Power Title: Human Rights: New Dimensions and Publisher: Åbo Akademi University: Institute for Author/Editor: David Barnhizer (ed.) Challenges. Manual on Human Rights Human Rights Place of Publication: Dartmouth Author/Editor: Janusz Symonides Year of Publication: 1999, 2nd edition Publisher: Ashgate Place of Publication: Brookfield [ao] ISBN: 952-12-0247-5 Year of Publication: 2001 Publisher: UNESCO, Ashgate Content: The book aims at providing a general Content: This text brings together the experiences Year of Publication: 1998 and, at the same time, comprehensive picture of of a diverse range of leading human rights ISBN: 1 84014 426 2 the international protection of human rights. It is advocates and activists to demonstrate strategies Content: This book presents the interrelation and an introduction which describes the main systems for protecting human rights. The book identifies interdependence between human rights, and 294 ADDITIONAL RESOURCES

peace, democracy, development and the environ- Title: Human Rights Reference Handbook Publisher: United Nations Publication ment. It analyses obstacles and threats to human Author/Editor: Theo R. G. van Banning, Willem Year of Publication: 1998 rights, suggests ways and means to overcome J. M. van Genugten ISBN: 92-1-100797-6 them, discusses the positive and negative impact Place of Publication: Netherlands Content: This paper outlines the concrete steps on human rights of globalization, and the Publisher: Netherlands Ministry of Foreign Affairs, that are being taken by the UN at the international information revolution and scientific and Human Rights, Good Governance and Demo- and national levels to strengthen its human rights technological progress. cratisation Department programs and work more effectively with its Year of Publication: 1999 partners in government and civil society to assure Title: Human Rights. Questions and Answers Content: This book aims to help the international human rights for all. In addition it provides a Author/Editor: Leah Levin community to develop a more coherent and blueprint of the work of various intergovernmental Place of Publication: Paris consistent policy on human rights, so that in the human rights bodies. Publisher: UNESCO future an even greater contribution to the respect Year of Publication: 1996 of human rights can be made worldwide. Title: International Encyclopedia of Human ISBN: 92-3-103261-5 Available on the internet: Rights. Freedoms, Abuses, Content: This book provides basic information on http://www.minbuza.nl and Remedies major human rights instruments, procedures for Author/Editor: Robert L. Maddex their implementation and activities of international Title: Human Rights Standards and the Place of Publication: Washington D. C. organizations in order to promote and protect Responsibility of Transnational Corporations Publisher: CQ Press human rights. The book is useful to students and Author/Editor: Michael K. Addo Year of Publication: 2000 teachers and to all those who are involved or Place of Publication: The Hague ISBN: 1-56802-490-8 interested in the promotion and protection of Publisher: Kluwer Law International Content: An illustrated reference describing the human rights and fundamental freedoms. Year of Publication: 1999 concepts and terms, agreements, people, and Content: This book addresses such questions as: organizations that help guarantee human rights Title: Human Rights Protection: Methods and What is the nature and scope of corporate around the world. Effectiveness responsibility with regard to human rights? Should Author/Editor: Frances Butler companies themselves be responsible for human Title: Manual on Human Rights Reporting Place of Publication: Kluwer rights violations involving themselves or their Author/Editor: United Nations Publisher: The Hague subsidiaries? What principles should guide busi- Place of Publication: Geneva Year of Publication: 2002 ness in countries known to violate human rights? Publisher: United Nations Publication ISBN: 90-411-1702-4 Is self-regulation sufficient, or are corporations Year of Publication: 1997 Content: This book explores human rights pro- best regulated by national or international codes, ISBN: 92-1-100752-6 tection mechanisms and the extent to which they and on what should these codes be based? Content: The main purpose of this Manual is to function in practice. There is plenty of evidence serve as a practical tool for government officials in that human rights protection is as important as Title: Human Rights Today. UN Briefing Papers the preparation and submission of reports required ever and this book looks at what is required to Author/Editor: United Nations under the United Nations’ international human achieve this effectively. Place of Publication: New York rights treaties. ADDITIONAL RESOURCES 295

rights, the universal and regional standards and Title: International Human Rights in Context: procedures of human rights protection as well as Law, Politics, Morals to a number of substantive rights like equality and Author/Editor: Henry J. Steiner; Philipp Alston non-discrimination, the right to life, and minority Place of Publication: Oxford rights. Publisher: Oxford University Press Year of Publication: 2000 Title: UNDP Report 2000 ISBN: 0-19-829849-8 Author/Editor: United Nations Content: This coursebook presents a diverse range Place of Publication: New York, Oxford of carefully edited primary and secondary Publisher: United Nations Publishing, Oxford materials alongside with extensive text, editorial University Press commentaries, and study questions. It covers a Year of Publication: 2000 broad range of human rights topics such as: the Content: The UNDP Human Development Reports, basic characteristics of international law, evolution which come out every year, are an excellent of the human rights movement; civil, political, resource providing information on developmental economic, and social rights; international humani- issues in a broader context. The UNDP Report tarian law; globalization; self-determination; from 2000 looks at human rights as an intrinsic women’s rights; implementation and enforce- part of development and at development as a ment a. o. means to realizing human rights.

Title: International Human Rights Regime Title: Universal Human Rights in Theory and Author/Editor: Manfred Nowak Practice Publisher: Kluwer Law Publishers Author/Editor: Jack Donnelly Year of Publication: 2003 Place of Publication: Ithaca, London Content: This textbook gives a short but com- Publisher: Cornell University Press prehensive introduction to the idea and doctrine of Year of Publication: 2003, 2nd edition human rights as well as to the structure, mecha- Content: Jack Donnelly elaborates on the theory of nisms and current challenges for the international human rights, addresses arguments of cultural human rights protection system. relativism, and explores the efficacy of bilateral and multilateral international action. Entirely new Title: Textbook on International Human Rights chapters address prominent post-Cold War issues Author/Editor: Rhona K. M. Smith including humanitarian intervention, democracy Publisher: Oxford University Press and human rights, “Asian values”, group rights, Year of Publication: 2003 and discrimination against sexual minorities. Content: This textbook provides a basic intro- duction into the historic background of human 296 ADDITIONAL RESOURCES C. RESOURCES ON HUMAN RIGHTS EDUCATION

The following section contains information about The book is designed to be useful to practitioners, Title: Tips for the classroom books and materials on Human Rights Education, offering not only theoretical guidance but also Author: Felisa Tibbitts ranging from methodological introductions to “nuts-and-bolts” advice regarding planning and Place of Publication: Cambridge, MA, Amsterdam comprehensive manuals on Human Rights implementing programs of formal and non-formal Publisher: HREA Education. human rights education activities. Year of Publication: 1996 Languages: English Title: Human Rights Here and Now: Celebrating Content: Practical exercises that can be used in BACKGROUND INFORMATION the Universal Declaration of Human Rights teacher trainings. Includes tips for leading dis- Author: Nancy Flowers cussions, establishing rules for discussion, Title: Amnesty International Educators’ Network Place of Publication: University of Minnesota working in pairs and small groups, developing a Human Rights Education Resource Notebooks Publisher: Human Rights Resource Center lesson and lesson evaluation. Author/Editor: Amnesty International Year of Publication: 1997 Available at: Place of Publication: New York Languages: English http://www.hrea.org/pubs/tips.html Publisher: Amnesty International Educators’ Content: A primer for human rights education that Network includes background information, strategies for Year of Publication: 1997 teaching human rights and activities for a variety MANUALS AND EDUCATIONAL Languages: English of age groups and situations. MATERIALS Content: A collection of human rights education Available online: http://www.hrusa.org/hrh-and- curricula on specific topics, including women’s n/default.htm Children human rights; children’s rights; religion, race and Title: ABC of Teaching Human Rights: Practical ethnicity; indigenous peoples; death penalty; Title: Methodologies for Human Rights Edu- Activities for Primary and Secondary Schools teaching young children about human rights; cation Author: UN Publication conflict resolution and peace; and teaching human Author: Richard Pierre Claude Place of Publication: New York, Geneva rights through literature. Place of Publication: New York Publisher: UN Centre for Human Rights Publisher: NY: Peoples Decade for Human Rights Year of Publication: 1989 Title: Human Rights Education for the Twenty- Education Languages: English First Century Year of Publication: 1995 Content: This book aims at fostering awareness Author/Editor: George J. Andreopoulos; Richard Languages: English and comprehension of human rights by providing Pierre Claude (Ed.) Content: A practical introduction to human rights basic information about rights and respect for self Place of Publication: Philadelphia education pedagogy, including an essay on the and others, within the context of the Universal Publisher: University of Pennsylvania Press right to know one’s rights, a guide to curriculum Declaration of Human Rights. Activities for Year of Publication: 1997 planning, suggestions for empowerment and children of all age groups are outlined; those for Languages: English targeting specific user-groups, and methodologies younger children focus on nurturing their sense of Content: This book of previously unpublished for evaluation. self worth and respect for others. essays addresses both conceptual and practical http://www.pdhre.org human rights education problems and challenges. ADDITIONAL RESOURCES 297

Title: All Human Beings . . . A manual for Year of Publication: 1996 Content: This book seeks to meet the responsi- human rights education Languages: English bility laid down in the Preamble of the Universal Author: UNESCO Content: This Manual was developed by Amnesty Declaration of Human Rights urging every Place of Publication: Paris International for use specifically in Central and individual and every organ of society to “strive by Publisher: UNESCO Publishing Eastern Europe. The manual has been used in teaching and education to promote respect for Year of Publication:1998 numerous countries in the region. First Steps is these rights and freedoms”. Languages: English, Arabic conceived as a learning tool for the teacher as well Content: Published on the occasion of the fiftieth as a resource for organizing activities in Title: Siniko. Towards a Human Rights Culture anniversary of the Universal Declaration of Human educational settings. The text provides a total of 27 in Africa Rights, this manual is intended to help students lessons for younger children (up to age 12) and 18 Author: Amnesty International-International and teachers of primary and secondary levels to lessons for older ones. Secretariat understand the universal human rights principles. Place of Publication: London It provides basic documentation, specific teaching Title: Human Rights for Children: A Curriculum Publisher: Amnesty International materials and practical exercises. for Teaching Human Rights to Children Ages Year of Publication: 1999 3–12 Languages: English and French Title: Educating for Human Dignity: Learning Author: Virginia Hatch, Patsy Hegstad, Norman Content: This manual, for teachers and educators about Rights and Responsibilities Heimgartner in Africa who work with young people in formal Author: Betty A. Reardon Place of Publication: Alameda, CA and non-formal educational environments and Place of Publication: Philadelphia Publisher: Hunter House, Inc. Publishers who want to introduce human rights in their Publisher: Pennsylvania Studies in Human Rights Year of Publication: 1992 teaching practices, is designed as a basic Year of Publication: 1995 Languages: English introduction – with advice on methodology, Languages: English Content: This resource book for teachers addresses activities for older and younger children and ideas Content: This is one of the foremost books on ten fundamental principles derived from the UN for action. human rights education for the primary and Convention on the Rights of the Child. The book secondary levels. It is written for both teachers provides teachers with teaching strategies and Title: Tolerance – the Threshold of Peace. and teacher educators. It is a resource offering activities. Primary School Resource Unit both guidance and support materials to educators Author: Betty A. Reardon for human rights education programs from kinder- Title: Raising Children with Roots, Rights & Place of Publication: Paris garten up to high school. It opens possibilities for Responsibilities. Celebrating the UN Convention Publisher: UNESCO Publishing a holistic approach to human rights education. on the Rights of the Child Year of Publication: 1997 Author: Lori Dupont, Joanne Foley, Annette Languages: English Title: First Steps: A Manual for Starting Human Gagliardi Content: This volume is one of three produced by Rights Education Place of Publication: University of Minnesota UNESCO as a contribution to the United Nations Author: Amnesty International Publisher: Human Rights Resource Center; Stanley Year for Tolerance, 1995, and to the launching of Place of Publication: London Foundation the United Nations Decade for Human Rights Publisher: Amnesty International Year of Publication: 1999 Education (1995–2004). It is part of UNESCO’s Languages: English 298 ADDITIONAL RESOURCES

Integrated Framework of Action on Education for working activities at school as well as related settings but activities may also be incorporated Peace, Human Rights and Democracy. multiple texts and documents. into the classroom setting. The book has two major sections, the first dealing with the key Title: One World, One Earth. Educating Children Title: Economic and Social Justice. A Human concepts for intercultural education and the with Social Responsibility Rights Perspective second suggesting activities, methods and Author: Rob Collins and Merryl Hammond Author: David A. Shiman resources. Place of Publication: Gabriola Island, British Place of Publication: University of Minnesota Columbia Publisher: Human Rights Resource Center; Stanley Title: Human Rights for All Publisher: New Society Publishers Foundation Author: Edward O’Brien, Eleanor Greene, and Year of Publication: 1993 Year of Publication: 1999 David McQuoid-Mason Languages: English Languages: English Place of Publication: Minneapolis Content: One World, One Earth is a handbook for Content: This book provides background Publisher: National Institute for Citizenship adults who want to work with children to explore information, ideas for taking action and interactive Education in the Law (NICEL) peace, environmental and social justice issues. It activities to help people think about human rights Year of Publication: 1996 features sensitive discussions about how to co- in a broader, more inclusive manner. It strives to Languages: English, Russian, Romanian, learn and co-lead with young people, and detailed help us define issues like homelessness, poverty, Hungarian, Spanish suggestions for organizing a group within existing hunger and inadequate health care, not only as Content: Human Rights For All is a textbook institutions (schools, scout troops, churches), “social or economic problems”, but also as human published for use in a full-year curriculum. There creating a cooperative learning environment, rights challenges. is both a student textbook and an accompanying involving the wider community, and sustaining teacher’s manual. The textbook is intended for use enthusiasm. Title: Education Pack: Ideas, Resources, Methods in middle and secondary schools (ages 12–18), but and Activities for Informal Intercultural might also be used with adults. Lessons proceed Youth Education with Young People and Adults (All logically from the origins and classification of Title: Compass – A Manual on Human Rights Different All Equal campaign) human rights to the content of political, social and Education with Young People Author: Mark Taylor, Pat Brander, Carmen economic rights, and procedures for dealing with Author: Council of Europe Cardenas, Rui Gomes, and Juan de Vincente Abad human rights abuses. Place of Publication: Strasbourg Place of Publication: Strasbourg Publisher: Council of Europe Publisher: Council of Europe Title: It’s Only Right! A Practical guide to Year of Publication: 2002 Year of Publication: 1995 Learning About the Convention on the Rights of Languages: English and Russian Languages: English, French the Child Content: This educational guide presents a wide Content: All Different, All Equal education pack Author: Susan Fountain range of approaches of themes and methods, that was developed by the Youth Directorate of the Place of Publication: New York should inspire anyone interested in human rights, Council of Europe as part of the European Youth Publisher: UNICEF democracy and citizenship. This guide also Campaign Against Racism, Xenophobia, Anti- Year of Publication: 1993 provides a series of 49 sheets for complete prac- Semitism and Intolerance. The Education Pack is a Languages: Languages tical activities, proposing a detailed framework for book intended for use in informal education ADDITIONAL RESOURCES 299

Content: This book was published by UNICEF and Content: Our World. Our Rights was produced by Content: This volume is one of three produced by is written for teachers working with students of the Educators in Human Rights Network and UNESCO as a contribution to the United Nations thirteen years and older. The book was developed Amnesty International (UK) for use in the upper Year for Tolerance, 1995, and to the launching of with input from specialists from Latin America, primary school classroom (ages 8–12). The book is the United Nations Decade of Human Rights Asia, Africa, Western Europe and North America intended to introduce children to the Universal Education (1995–2004). It is cast within UNESCO’s and is intended for different national settings. A Declaration of Human Rights, and contains 20 Integrated Framework of Action on Education for core strength of this guide is its multicultural lessons that can be used in the school or out-of- Peace, Human Rights and Democracy. approach. Examples are drawn from many school setting. Although designed primarily for countries, encouraging students to use a use in the UK, educators from other countries will Adults comparative approach in understanding the be able to extract and adapt lessons to fit their Title: A Call for Justice situation of children. Another interesting feature of local context. Author: PDHRE It’s Only Right! is the section on taking action, Place of Publication: New York which guides students through issue identifi- Title: The Human Rights Education Handbook. Publisher: PDHRE cation, research, and project planning. Effective Practices for Learning, Action, and Year of Publication: 2000 Change Languages: English Title: Lesbian, Gay, Bisexual and Transgender Author: Nancy Flowers a. o. Contents: Governments’ Commitments and Rights: A Human Rights Perspec- tive Place of Publication: University of Minnesota Obligations to Human Rights Providing a Human Author: Dave Donahue Publisher: Human Rights Resource Center, Stanley Rights Framework to Empower the Work of NGOs, Place of Publication: Minneapolis Foundation Community Workers and all those committed to: Publisher: University of Minnesota Human Rights Year of Publication: 2000 GROUPS: Aged Persons, Children and Youth, Resource Center Languages: English Differently Abled Persons, Indigenous Peoples, Year of Publication: 2000 Content: This manual is intended to assist human Migrant Workers, Minorities and Ethnic Groups, Languages: English rights educators in their work. To further human Refugees, Women. Content: This curriculum is intended to further rights education in all its forms, this book draws ISSUES: Development, Discrimination, Education thoughtful examination and responsible action on the experience of many educators and Environment Health Housing, Livelihood and among high school students with regard to organizations, illustrating their effective practices Land, Participation; Peace and Disarmament, lesbian, gay, bisexual and transgender issues. and insights. Poverty, Race, Religion, Sexual Orientation, Work.

Title: Our World. Our Rights Title: Tolerance – the threshold of peace. Title: Learning, Reflecting and Acting: Author: Margot Brown Secondary School Resource Unit 149 Activities Used in Learning Human Rights Place of Publication: London Author: Betty A. Reardon Place of Publication: New York Publisher: Educators in Human Rights Network Place of Publication: Paris Publisher: PDHRE Year of Publication: 1995 Publisher: UNESCO Publishing Content: This publication of PDHRE is a Languages: English Year of Publication: 1997 compilation from training programs from around Languages: English the world. 300 ADDITIONAL RESOURCES

Title: Passport to Dignity English version available in full text online: Education for Peace, Human Rights and Demo- Author: PDHRE http://www.hrea.org/pubs/claude00.html cracy. Place of Publication: New York Publisher: PDHRE Title: Self-Help Human Rights Education Title: “We the peoples”. The role of the United Year of Publication: 2001 Handbook Nations in the twenty-first century. Briefing Languages: English Author: J. Paul Martin papers for students Contents: The 536 pages guide and workbook Place of Publication: New York Author: United Nations demonstrate the holistic nature of human rights as Publisher: Center for the Study of Human Rights, Place of Publication: New York a powerful tool for action in the achievement of Columbia University Publisher: UN full equality, well being, and participation in the Year of Publication: 1996 Year of Publication: 2001 decisions that determine women’s lives. Languages: English Languages: English Complementary to this manual we recommend the Content: This online-handbook is designed to Contents: This publication is a resource for video series “Women hold up the sky”, support experienced and prospective human rights teachers on the challenges facing mankind today containing eight short training videos. educators, and to set clear educational goals for and what Governments and peoples can do to human rights programs, to improve their capacity meet them. It contains background information, Title: Popular Education for Human Rights. 24 to plan and evaluate programs, and to make the statistics, stories, resources and suggested class- Participatory Exercises for Facilitators and most of the resources available as well as to create room activities for students. Teachers their own when necessary or possible. Author: Richard Pierre Claude Available online: Place of Publication: Amsterdam http://www.hrea.org/erc/Library/curriculum_met HUMAN RIGHTS EDUCATION ON THE Publisher: Human Rights Education Associates hodology/SELFHELP.html INTERNET Year of Publication: 2000 Languages: Training manual with exercises Title: Tolerance – the threshold of peace. Educational Material designed for non-formal grass-roots education Teacher-training resource unit Database on Human Rights Education of the emphasizing, among others: women’s and Author: Betty A. Reardon UNHCHR children’s issues, and organized around specified Place of Publication: Paris http://193.194.138.190/hredu.nsf values, e. g., respect for dignity and fair rules, Publisher: UNESCO Publishing links between human rights and responsibilities, Year of Publication: 1997 This database of the United Nations High building civil society, confronting prejudice, and Languages: English Commissioner for Human Rights (UNHCHR) “information for empowerment”, etc. The Content: This volume is one of three produced by provides information on organizations, materials manual’s highly participatory methods can be UNESCO as a contribution to the United Nations and programs for human rights education. The adapted to diverse settings and cultures and, while Year for Tolerance, 1995, and to the launching of database constitutes a contribution to the UN designed for popular education, nevertheless, have the United Nations Decade for Human Rights Decade for Human Rights Education (1995 – 2004) been successfully used in programs of formal Education (1995 – 2004). It is cast within and aims to facilitate information-sharing on the education as well. UNESCO’s Integrated Framework of Action on many resources available in the area of human ADDITIONAL RESOURCES 301

rights education and training among all interested United Nations Cyberschoolbus The web site of this human rights education partners. http://www.cyberschoolbus.un.org/ organization is dedicated to human rights learning in order to change social and economic situations. See also The United Nations Cyberschoolbus was created The site offers links to HRE methodology and http://193.194.138.190/education/main.htm in 1996 as the online education component of the learning materials. It is also a helpful resource to Global Teaching and Learning Project, whose all interested to know more about the Human This is the main page of the UNHCHR on Human mission is to promote education about inter- Rights Cities initiative. Rights Education and Training. It provides inter national issues and the United Nations. The Global alia UNHCHR Materials, Activities and Related Teaching and Learning Project produces high Human Rights Internet www.hri.ca Links on Human Rights Education. quality teaching materials and activities designed for educational use (at primary, intermediate and Founded in 1976, HRI is a leader in the exchange Council of Europe-COE-Portal secondary school levels) and for training teachers. of information within the worldwide human rights http://www.coe.int/portalT.asp On this site there are a number of activities and community. HRI is dedicated to the empowerment projects that introduce students to global issues in of human rights activists and organizations as well The Council of Europe site under the column an interactive, engaging and funny way. as to the education of governmental and Public Relations offers two links: Educational and intergovernmental agencies, officials and other Human Rights Fact Sheets. The Fact Sheets provide Human Rights Education Associates actors in the public and private sphere. Moreover general information about the history of the www.erc.hrea.org it aims to strengthen the role of civil society in Council, European history, culture and languages raising awareness about different human rights but also information on Human Rights and their Human Rights Education Associates (HREA) is an issues. protection. The Human Rights Fact Sheets deal international non-governmental organization that with the protection of human rights, offer a supports human rights learning; the training of National Center for Human Rights Education simplified version of the European Convention on activists and professionals; the development of http://www.nchre.org Human Rights and contain a lot of exercises and educational materials and programming; and games. community-building through on-line technologies. The mission of the National Center of Human The Electronic Resource Centre for Human Rights Rights Education (NCHRE) is to build a human UNICEF http://www.unicef.org Education is an on-line repository of human rights rights movement in the United States by training education and training materials, on-line forums, community leaders and student activists to apply UNICEF under the link “education for human databases and links to other organizations and human rights standards to issues of injustice. rights” provides a range of topics which deal with resources. The online Human Rights Learning NCHRE programs reflect the belief that a multi- human rights education and material links. For Centre is a new section of the HREA web site. faceted approach to social change will cultivate a example one may find a link to cartoons for strong human rights movement. children’s rights which illustrate the Rights of the The Peoples Movement for Human Rights Child. Education www.pdhre.org Human Rights Education Programme http://www.hrep.com.pk 302 ADDITIONAL RESOURCES

Human Rights Education Programme (HREP) was and those who work with youth and children to 25 languages, international awareness-raising set up in August 1995 as an independent, non- organize for sustainable social action that events, debates and an acclaimed website, entitled profit organization. HREP works mainly with promotes values of equality, equity and civic “I have a right to. . .” The website, which was school children and teachers, using the full responsibility in the community. launched in October 2000, acts as a global hub for spectrum of rights as the basis of its work. The information about human rights. overall aim of HREP is to contribute towards the The Amnesty International USA Human Rights development of a civil and humane society by Education Network Online Libraries providing children and young people a socially http://www.amnesty-volunteer.org/usa/ Stephen A. Hansen, Getting online for Human relevant and human rights-sensitive education. education/educate.html Rights. Frequently Asked Questions and Answers About Using the Internet in Human Rights Work: The Human Rights Resource Center This page provides links to classroom materials http://shr.aaas.org/online/cover.htm http://www.hrusa.org and resources, sample lessons, human rights syllabi, information on further resources, Concise Guide to Human Rights on the Internet The Human Rights Resource Center is an integral children’s rights (with case studies). (Derechos, Septiembre 1998): part of the University of Minnesota Human Rights http://www.derechos.org/human-rights/ Center and works with the University Human Teaching Human Rights Online manual.htm Rights library to create and distribute Human http://www.oz.uc.edu/thro/index.html Rights Education resources via electronic and Project DIANA Online Human Rights Archive: printed media, train activists, professionals and Teaching Human Rights Online seeks to improve http://diana.law.yale.edu/ students, build advocacy networks to encourage ethical reasoning and cross-cultural effective practices in human rights educations as communication for undergraduate students as well University of Minnesota Human Rights Library: well as support the United Nations Decade for as high school social studies. This site contains http://www.umn.edu/humanrts Human Rights Education (1995–2004). critical thinking exercises for individual learning, a case library and an educators’ guide. International Law and Human Rights through D@dalos http://www.dadalos.org the Doddel server: http://doddel.cs.unimaas.nl BBC World Service/ I have a right to. . . D@dalos aims to contribute to the building of a http://www.bbc.co.uk/worldservice/people/fea Human Rights Education Bibliography: culture of peace, democracy and active citizenship tures/ihavearightto/index.shtml http://soros.org/fmp2/html/bib_intro.html through “peace education programs” and supports technical assistance for inclusive participatory “I have a right to . . .” is a global education For Audio-Visual Material please consult the civic initiatives in BiH and other countries of project, developed by the BBC World Service Trust. following website: South Eastern Europe. It carries out its work in The World Service’s “I have a right to . . .” project http://www.hrea.org/pubs/HREresourcebook/2n close cooperation with schools, NGOs and aims to assist people to make informed choices d/ community-based organizations and places a about their lives and participate in discussions and particular emphasis on empowering young people debates. It consists of radio programs, produced in ADDITIONAL RESOURCES 303 D. USEFUL CONTACTS

Below you find information on international Working Languages: English, French, Spanish Target groups: secondary school and university institutions and organizations in the field of Type of programs: development of national action level; professional groups human rights and human rights education. Many plans, support to NGOs, training for various pro- The main objective of UNESCO is to contribute to of them produce Human Rights materials, hold fessional groups, treaty reporting and international peace and security in the world by promoting workshops and provide information and advice on obligations, curriculum development, etc. collaboration among nations through education, human rights. Target groups: legislators, judges, lawyers, science, culture and communication in order to magistrates, police, prison officials, teachers, further universal respect for justice, for the rule of government officials, media, civil servants law and for the human rights and fundamental ORGANIZATIONS The database provides information on freedoms which are affirmed for the peoples of the organizations, materials and programs for human world, without distinction of race, sex, language or International Organizations rights education. The database constitutes a religion, by the Charter of the United Nations. contribution to the UN Decade for Human Rights United Nations (UN) Education (1995 – 2004), facilitates information- United Nations High Commissioner for UN Headquarters sharing on the many resources available in the Refugees (UNHCR) First Avenue at 46th Street area of human rights education and training. The P. O. Box 2500, New York, NY 10017; five sections can be searched by geographical 1211 Geneva 2 Depot 2 USA focus, target groups, substantive focus, country/ Switzerland, Europe Homepage:www.un.org region, type and language. The information Telephone Number: + 41 22 739 8111 Email: [email protected] contained in the database is accessible in English, Homepage: www.unhcr.ch The homepage of the UN contains all the French and Spanish. Email: [email protected] information about its specialized- or sub- Working Languages: English, French, organizations listed below. However, links are United Nations Educational, Scientific and Type of programs: public education; public aware- often not easily accessible. We therefore give a list Cultural Organizations (UNESCO) ness campaigns; text development of the most relevant institutions in the field of 7 Place de Fontenoy Target groups: teacher; refugees; government Human Rights and Human Rights Education. 75352 PARIS 07 SP agencies France, Europe The Office of the United Nations High Com- United Nations Office of the High Commis- Telephone Number : + 33 1 45 68 10 00 missioner for Refugees is mandated to lead and sioner for Human Rights (OHCHR-UNOG) Homepage: www.unesco.org co-ordinate international action to protect refugees 8–14 Avenue de la Paix Email: [email protected] and resolve refugee problems worldwide. Its 1211 Geneva 10 Working Languages: French, English primary purpose is to safeguard the rights and Switzerland, Europe Types of programs: HRE policy-making, publi- well-being of refugees. It strives to ensure that Telephone Number: + 41 22 917 9000 cations; foster human rights and HRE research everyone can exercise the right to seek asylum and Homepage: http://www.unhchr.ch/ networks; HRE in secondary schools; training of find safe refuge in another State, with the option Email: see: professional groups (parliamentarians, local poli- to return home voluntarily, integrate locally or to http://www.unhchr.ch/html/hchr/contact.htm ticians, NGO representatives); HRE at university resettle in a third country. level 304 ADDITIONAL RESOURCES

United Nations Children Fund (UNICEF) employers` and workers’ organizations and THE AMERICAS UNICEF House (Mail address) provides training and advisory services to those 3 United Nations Plaza organizations. Inter-American Commission on Human Rights New York, 10017 (IACHR) New York, U. S. A. Regional Organizations 1889 F Street, N. W. Washington D. C., 20006 Telephone Number: + 1 212 326 7000 Washington, DC., USA Homepage: www.unicef.org AFRICA Telephone Number: +1 202 458 – 6002 Email: [email protected] Homepage: www.cidh.oas.org/DefaultE.htm Working Languages: English, French, Spanish African Commission on Human and Peoples’ Email: [email protected] UNICEF is mandated by the United Nations Rights (ACHPR) Working Languages: English, French, Portuguese, General Assembly to advocate for the protection of 90 Kairaba Avenue, P. O. Box 673 Banjul, The Spanish children’s rights, to help meet their basic needs Gambia Type of programs: monitoring; human rights and to expand their opportunities to reach their Telephone Number: + 220 392962; 372070 courses; postgraduate scholarships in human full potential. UNICEF is guided by the Convention Fax: + 220 390764 rights on the Rights of the Child and strives to establish Homepage: www.achpr.org Target groups: universities; indigenous peoples children’s rights as enduring ethical principles and E-Mail: [email protected], [email protected] The Inter-American Commission on Human Rights international standards of behavior towards Working languages: English and French, also (IACHR) is one of the two bodies in the inter- children. Arabic and Spanish. American system for the promotion and protection The African Commission on Human and Peoples` of human rights. The Commission has its International Labor Organization (ILO) Rights (ACHPR) is the main body of the African headquarters in Washington, D. C. The other 4 Route des Morillons system of human rights. The main task is the human rights body is the Inter-American Court of CH-1211 Geneva 22 , promotion and protection of human rights. In the Human Rights, which is located in San José, Costa Switzerland, Europe field of promotion it disseminates information on Rica. The IACHR is an autonomous organ of the Telephone Number: + 41 22 799 6111 the African human rights system and organizes Organization of American States (OAS). The Homepage: www.ilo.org workshops and conferences. In the field of IACHR has the principal function of promoting the Email. [email protected] protection it receives “communications” from observance and the defense of human rights of Working Language: English individuals or groups with regard to alleged both the general situation of human rights and The International Labor Organization is the UN human rights violations. Its seat is in Banjul, The individual complaints. Any person, group of specialized agency which seeks the promotion of Gambia. It is an organ of the African Union, the persons or non-governmental organization may social justice and internationally recognized former Organization of African States. After the present a petition to the Commission alleging human and labor rights. The ILO formulates coming into force of an additional protocol to the violations of the rights protected in the American international labor standards in the form of African Charter an African Court on Human and Convention and/or the American Declaration. Conventions and Recommendations setting Peoples’ Rights will be established to complement minimum standards of basic labor rights. It the work of the African Commission by rendering promotes the development of independent binding decisions which may also include compensation for damages. ADDITIONAL RESOURCES 305

Inter-American Institute of Human Rights EUROPE OSCE is the largest regional security organization (IIDH) in the world with 55 participating States from P. O. Box 10081-1000 Council of Europe (CoE) Europe, Central Asia and North America. It is San José, Costa Rica F-67075 Strasbourg Cedex active in early warning, conflict prevention, crisis Telephone Number: + 506 234 04 04 Strasbourg, France management and post-conflict rehabilitation. The Homepage: www.iidh.ed.cr Telephone Number: + 33 3 88 412 000 OSCE approach to security is comprehensive in Email: [email protected] Homepage: www.coe.int dealing with a wide range of security-related Working languages: English, Spanish Email: [email protected] issues including arms control, preventive Type of programs: monitoring; publications; Working languages: English, French diplomacy, confidence- and security-building various courses and trainings in regional and Type of programs: documentation centers; measures, human rights, democratization, election international mechanisms for human rights publications; teacher trainings monitoring and economic and environmental protection and international law; HRE in Target groups: primary and secondary school level, security. secondary schools professional groups Target groups: NGO activists, professional groups, The Council of Europe covers all major issues OSCE – Office for Democratic Institutions and government officials, teachers facing European society except defense. Its work Human Rights (ODIHR) The IIDH works for the promotion and program includes the following fields of activity: Al. Ujazdowskie 19 achievement of the rights enshrined in the human rights, media, legal co-operation, social 00–557 Warsaw, Poland American Convention on Human Rights, and to cohesion, health, education, culture, heritage, Telephone Number: + 48 22 520 0600 help consolidate democracy, through education, sport, youth, local democracy and trans-frontier Homepage: www.osce.org/odihr research, political mediation, training programs, co-operation, the environment and regional Email: [email protected] technical assistance on matters related to human planning. The Council of Europe should not be Working Language: English rights, and the dissemination of knowledge confused with the Council of the European Union. ODIHR is the principal institution of the OSCE through specialized publications. The IIHR’ The two organizations are quite distinct. The responsible for the human dimension. s endeavors are guided by the principles of 15 European Union states, however, are all The ODIHR promotes democratic elections representative democracy, the rule of law, members of the Council of Europe, which has 45 through a cycle of in-depth observations of ideological pluralism and respect for fundamental members. national elections and assistance projects aimed at rights and freedoms. The IIHR works with the strengthening democracy and good governance, Inter-American Court and the Inter-American Organization for Security and Cooperation in and enhancing stability. It provides practical Commission on Human Rights, all sectors of civil Europe (OSCE) support in consolidating democratic institutions society and the State in countries in the western Kaerntner Ring 5–7, 4th floor, and the respect for human rights as well as hemisphere, and international organizations. 1010 Vienna, Austria strengthening civil society. Furthermore it serves Telephone Number: + 43-1 514 36 180 as the OSCE Contact Point for Roma and Sinti Homepage: www.osce.org issues and last but not least it contributes to early Email: [email protected] warning and conflict prevention by monitoring the Working Language: English implementation of OSCE human dimension commitments. 306 ADDITIONAL RESOURCES

NGOs target groups: primary and secondary school New York, NY 10118-3299, USA levels; professional groups Telephone Number: + 1 212 290 4700 International NGOs Amnesty International is a worldwide campaig- Homepage: www.hrw.org ning movement that works to promote internatio- Email: [email protected] Anti-Defamation League (ADL) nally recognized human rights. Its mission is to Working Languages: English 823 United Nations Plaza, New York, NY 10017 undertake research and action focused on Human Rights Watch is the largest human rights Telefphone Number: + 212 885 7805 preventing and ending grave abuses of the rights organization based in the United States. Human Fax: + 212 885 5860 to physical and mental integrity, freedom of Rights Watch researchers conduct fact-finding Homepage: www.adl.org conscience and expression, and freedom from investigations of human rights abuses in all Email: [email protected] discrimination, within the context of their work to regions of the world. Human Rights Watch then Working language: English promote all human rights. Amnesty International publishes those findings in dozens of books and Type of programs: ADL Resources for classroom has more than a million members and supporters reports every year, generating extensive coverage and community; variety of interactive training in over 140 countries. in local and international media. Human Rights opportunities for law enforcement professionals Watch then meets with government officials to (extremism training, hate crime training, anti bias Human Rights Education Associates (HREA) urge changes in policy and practice. training); tips for responding to hate-crime; P. O. Box 382396, Cambridge student film/video productions MA 02238 – 2396, USA International Committee of the Red Cross Target groups: pre-school children, elementary Telephone Number: + 1 617 625 0278 (ICRC) school children, middle school children, senior Homepage: www.hrea.org 19 Avenue de la Paix high school children, university students, law Email: [email protected] 1202 Geneva, Switzerland/ Europe enforcement professionals (civil society as a Working Language: English Telephone Number: + 41 22 734 60 01 whole) Human Rights Education Associates (HREA) is an Homepage: www.icrc.org international non-governmental organization that Email: [email protected] Amnesty International (AI) supports human rights learning; the training of Working Languages: English, French, Spanish 1 Easton Street, London WC1 8DJ activists and professionals; the development of The ICRC is an impartial, neutral and independent United Kingdom, Europe educational materials and programming; and organization whose exclusively humanitarian Telephone Number: + 44 20 741 355 00 community-building through on-line technologies. mission is to protect the lives and dignity of Homepage: www.amnesty.org HREA is dedicated to quality education and victims of war and international conflict and to Email: [email protected]; training to promote understanding, attitudes and provide them with assistance. It directs and [email protected] actions to protect human rights, and to foster the coordinates the international relief activities Working languages: English, Arabic, French, development of peaceable, free and just conducted by the movements in situations of Spanish communities. conflict. It also endeavors to prevent suffering by Type of programs: development of HRE materials, promoting and strengthening humanitarian law teacher training; trainings for police, military and Human Rights Watch principles and implementation. other professional groups 350 Fifth Avenue, 34th Floor ADDITIONAL RESOURCES 307

People’s Decade of Human Rights Education Type of programs: International Training Center on and tries to identify structures and components for (PDHRE) Human Rights and Peace Twining (CIFEDHOP); lasting peace and sustainable human rights 526 West 111th Street, Suite 4E with English, French and Spanish speaking regimes. New York, NY 100025, USA sections Telephone Number: + 1 212 749 – 3156 Target groups: human rights educators Afronet Homepage: http://www.pdhre.org The EIP carries out its activities in the field of P. O. Box 31145 Email: [email protected] human rights, peace and citizenship education. Lusaka, Zambia Type of programs: resource centre for research and EIP has contributed throughout the world in Telephone number: + 260 1 251813/4, development of educational materials, training of making educational circles, governmental Fax.: + 260 1 251776 adult populations, conferences and coalition authorities and public opinion aware of the need Homepage: http://afronet.org.za building of such education in schools and in the E-mail: [email protected] Target groups: formal and informal education community. Thus, EIP proposes teacher training Type of programs: Afronet aims at facilitating sectors activities, curriculum strategy and content, as well networking, co-operation and organization among PDHRE views human rights as a value system as specific actions contributing to the development non-governmental organizations (NGOs) in Africa. capable of strengthening democratic communities of attitudes, skills and knowledge for the It undertakes programs to facilitate the and nations through its emphasis on enhancement of human rights, fundamental implementation by African states of the African accountability, reciprocity, and people’s equal and freedoms, and non-violent conflict resolution. Charter on Human and Peoples Rights and other informed participation in the decisions that affect regional treaties and instruments adopted by their lives. PDHRE was pivotal in lobbying the Regional NGOs African states for the enhancement of living United Nations to pronounce a Decade for Human standards in Africa and it challenges corruption by Rights Education and in drafting and lobbying for Africa and the Middle East facilitating programs of empowerment and various resolutions by the World Conference on popular participation for the purpose of ensuring Human Rights, the UN General Assembly, the UN African Rights public accountability at all levels of the African Human Rights Commission, the UN Treaty Bodies, Director: Rakiya Omaar society. and the Fourth World Conference on Women. P.O. Box 18368 London EC4 A 4JE Arab Institute for Human Rights (AIHR) World Association for the School as an England/U.K 10, rue Ibn Masoud Instrument for Peace (EIP) Telephone number: + 44 (0) 20 7947 3276, Fax El Manzah, 1004 Tunis, Tunisia 5, Rue de Simpion + 44 (0) 20 7947 3253 Telephone number: + 216 1 767 889/767 003 CH-1207 Geneva, Type of programs: African Rights is an Homepage: www.aihr.org.tn Switzerland, Europe organization dedicated to working on issues of Email: [email protected] Telephone Number: + 41 22 7352422 (fax) grave human rights abuses, conflict, famine and Working Languages: English, French, Arabic Homepage: http://www.eip-cifedhop.org/ civil reconstruction in Africa. African Rights does Type of programs: various training programs for Email: [email protected] investigations and research on human rights human rights NGOs; human rights courses for violations especially in Rwanda, Somalia, Sudan university students; documentation; research 308 ADDITIONAL RESOURCES

Target groups: members of NGOs; professionals Institute for Human Rights and Development in with a primary focus in Africa, and a primary groups; teachers, students, children; women Africa contributor to clear strategic policy on the delivery The Arab Institute for Human Rights is an P.O. Box 1896 of socio-economic rights for the disadvantaged. independent Arab NGO founded in 1989. The Banjul LHR rapidly achieved a proud record of fighting Institute aims to raise awareness on civil, political, The Gambia oppression and abuse of human rights under cultural, social and economic human rights. It also Telephone Number: + 220 496421, apartheid. LHR later helped usher in the transition aims to disseminate and promote human rights Fax.: + 220 494 178 to democracy through its voter education and education through seminars, workshops, research, Homepage: www.AfricanInstitute.org monitoring. surveys on women’s rights, child rights, etc. Email: [email protected] The Institute’s purpose is to contribute to human Asia and the Pacific Cairo Institute for Human Rights Studies rights and development in Africa by using African (CIHRS) human rights treaties, especially the African Asian Regional Resource Center for Human P.O. Box 117 Charter on Human and Peoples’ Rights. It also Rights Education (ARRCHR) Maglis El Shaab serves as counsel for individuals and NGOs, 2738 Ladprao, 128/3 Klongchan, Bangkapi Cairo, Egypt litigating their cases against states parties before Bangkok 10240, Thailand Telephone Number: + 202 354 – 3715 the African Commission. Telephone Number: + 66 2 377 5641 Homepage: http://www.cihrs.org/ Homepage: www.arrc-hre.com/ Email: [email protected] Lawyers for Human Rights (LHR) Email: [email protected] Type of programs: research; training of trainers, National Office, Kutlwanong Democracy Centre Working Languages: English trainings on CEDAW and Convention on the Rights 357 Visagie Street (cnr. Prinsloo Street) Type of programs: clearing house of HRE materials of the Child; Cinema Club of Human Rights; Pretoria 0002 , South Africa in Asia and the pacific region; training of trainers publications; annual Regional Arab Training Telephone Number: + 27 12 320 2943 (fax) in HRE; popular education Course, annual Summer Educational Course on Homepage: http://www.lhr.org.za Target groups: formal education; non-formal Human Rights for university students Email: [email protected] education; professional groups: Target groups: human rights NGOs, churches, Type of programs: voter education, legal advice, The ARRCHR aims at popularizing and women, teachers litigation, paralegal training, penal reform, law institutionalizing human rights education in the Working Languages: English, Arabic reform; refugee rights, child rights, women’s rights Asia-Pacific region. It works towards mobilizing CIHRS is a research center specialized in the field Target groups: professional groups; secondary people to participate in transforming a society of human rights. Its main task is to analyze and school levels; public officials; general public sensitive to human rights and in evolving a culture explain difficulties faced by the process of Countries: South Africa, Southern Africa, sub- of peace, democracy and justice. implementing human rights law in the Arab world. Saharan Africa The ARRCHR serves as an institute and a network It strives to promote human rights in Arab Lawyers for Human Rights is a non-governmental, for human rights education in the Asia-Pacific countries through the development of intellec- non-profit organization whose vision is to be a region, providing human rights training, work- tually vigorous and novel approaches for over- leading, effective human rights and constitutional shops, development and exchange of instructional coming problems of implementation. watchdog and advocate; an international force in and other relevant materials, research and HRE the development and delivery of human rights, campaigns. ADDITIONAL RESOURCES 309

Asian Human Rights Commission (AHRC) The goals of the centre are to gather and develop persons associated with non-governmental organi- Asian Human Rights Commission & Asian Legal knowledge about human rights nationally, zations, State institutions and the media. HFHR Resource Centre regionally and internationally. The work of the also teaches effective actions for protection and Unit D, 7th Floor, Mongkok Commercial Centre, centre includes research, information and promotion of human rights. 16-16B Argyle Street, Kowloon publishing, education, documentation and inter- Hong Kong, Republic of China disciplinary projects. The staff represents a broad International Helsinki Federation (IHF) Telephone Number: + 852 2698–6339 range of disciplines such as law, anthropology, Rummelhardtgasse 2/18 Homepage: http://www.ahrchk.org sociology, economics, history and journalism. A-1090 Vienna, Austria Email: [email protected] Since 1999 there is a senior consultant working on Telephone Number: + 43-1–408 88 22 Working Languages: English, Hungarian women’s human rights and sexual and repro- Homepage: www.ihf-hr.org Type of programs: education at local levels to ductive rights. The centre co-operates with Email: [email protected] promote human rights awareness; reporting; non-governmental organisations and public Working Language: English monitoring; internships authorities on both national and international Type of programs: training of professional groups; Target groups: community groups, NGOs, level. It also co-operates with the Nordic Council, monitoring of human rights situation professionals, students the Council of Europe, OSCE, EU and UN. Target groups: member organizations of IHF; The AHRC was founded in 1986 by a prominent judiciary, human rights activists group of jurists and human rights activists in Asia. Helsinki Foundation for Human Rights (HFHR) countries: members states of the OSCE The AHRC is an independent, non-governmental 18 Bracka street apt. 62, The International Helsinki Federation for Human body, which seeks to promote greater awareness 00-028 Warsaw, Poland Rights is a self-governing group of non- and realization of human rights in the Asian Telephone number: governmental, not-for-profit organizations that act region, and to mobilize Asian and international +48 22 828 10 08/828 69 96 to protect human rights throughout Europe, North public opinion to obtain relief and redress for the Homepage: www.hfhrpol.waw.pl/En/index.html America, and the Central Asian republics formed victims of human rights violations. AHRC Email: [email protected] from the territories of the former Soviet Union. A promotes civil and political rights, as well as Working Language: English primary goal is to monitor compliance with the economic, social and cultural rights. AHRC Type of programs: education and training in human rights provisions of the Helsinki Final Act endeavors to achieve the objectives stated in the human rights of professional groups; Human and its follow-up documents. The IHF Secretariat Asian Charter. Rights School; public education campaigns; based in Vienna supports and provides liaison monitoring; legislative initiatives among forty-one member “Helsinki committees” Europe Target groups: lawyers, parliamentarians, leaders and associated human rights groups, and of NGOs, journalists, judges, police, prison staff represents them at the international political level. Danish Centre for Human Rights The Helsinki Foundation for Human Rights The IHF also has direct links with individuals and Grundtvigs Hus (HFHR) is a non-profit institution independent of groups supporting human rights in countries Studiestraede 38 the State and political parties, involved within its where no Helsinki committees exist. DK–1455 Copenhagen K, Denmark international activity in education in human Telephone number: ++45 33 30 88 68, rights, the rule of law and constitutionalism of Fax: ++45 33 30 88 00 E-mail: [email protected] Homepage: www.humanrights.dk/ 310 ADDITIONAL RESOURCES

Raoul Wallenberg Institute of Human Rights rights, emphasizes prevention of human rights African Master on Human Rights and and Humanitarian Law violations, supports the most vulnerable sectors of Democratization P. O. Box 1155 Central American society. Centre for Human Rights, University of Pretoria, S-22105 Lund PRETORIA 0002, South Africa Sweden Tel: + 27 12 420 3228 Tel: ++46 46 222 12 08, HUMAN RIGHTS MASTER PROGRAMS Email: [email protected] Fax: ++46 46 222 12 22 http://www.up.ac.za/chr/newmasters/masters.ht Homepage: http://www.rwi.lu.se European Master’s Degree in Human Rights ml E-mail : [email protected] and Democratisation The Raoul Wallenberg Institute of Human Rights European Inter-University Centre (EIUC) for Asian Master in Human Rights and Humanitarian Law is an academic institution Human Rights and Democratisation Centre for Comparative and Public Law, 4th formed in 1984 at the Faculty of Law at Lund E.MA Secretariat: Monastery of San Nicolò, Riviera Floor K. K. Leung Building, Pokfulam Road, University, Sweden. The purpose of the Institute is San Nicolò, 26, I-30126 Venice – The Lido University of Hong Kong to promote research, training and academic Tel: + 39 041 2720 923 (direct) Tel.: (852) 2859 – 2951 education in the fields of human rights and Tel: + 39 041 2720 911 (Secretariat) Email. [email protected] humanitarian law. Email: [email protected], secretariat@ema- http://www.hku.hk/ccpl/hr-programs/i humanrights.org The Americas http://hrd-euromaster.venis.it Graduate Program in International Law and Human Rights Studies Comisión para Defensa de los Derechos European Regional Master in Democracy and University for Peace, Apdo. 138 – 6100 , Ciudad Humanos en Centroamérica (CODEHUCA) Human Rights in South-East Europe Colon, Costa Rica 189-1002, San José, Costa Rica Center for Interdisciplinary Postgraduate Studies Tel: + 506-205-9000 Telephone Number: + 506 224 5970 University of Sarajewo, Obala Kulina bana 7/I, Email: [email protected] Homepage: www.codehuca.or.cr/ 71 000 Sarajewo, Bosnia and Herzegovina http://www.upeace.org/academic/masters/int_la Email: [email protected] Tel. + 387 33 668 685 w.htm Working Languages: Spanish, English Email: The Commission for the Defense of Human Rights [email protected], [email protected] Master Program in Human Rights Law of the in Central America (CODEHUCA) is an http:// www.eurobalk.net Raoul Wallenberg Institute independent, non-profit, non-governmental, non- Faculty of Law, University of Lund, religious regional association. Since its creation in Mediterranean Master’s Degree in Human Box 207, SE-221 00 LUND, Sweden 1978 it has been an institution firmly rooted in Rights and Democratisation Tel: + 46 46 222 1249 Central American civil society. CODEHUCA ‘s University of Malta E-mail: [email protected] or most important goal is to increase respect for Old University Building, St, Paul Street, Valletta [email protected] human rights in Central America. To achieve this VLT 07, Malta http://www.rwi.lu.se/ goal, the association develops and puts into Tel: (356) 242791, 234121 ext 242 practice an integrated concept of human rights, E-mail: [email protected] deepens the Central American concept of human http://home.um.edu.mt/laws/test/hrd/ ADDITIONAL RESOURCES 311 E. SELECTED HSN HUMAN RIGHTS ORGANIZATIONS

In this section you will find useful information on Homepage: www.univie.ac.at/bim Type of programs: International Human Rights all member states of the Human Security Network, Email: [email protected] Training Program (IHRTP): annual training session including information on their national and Working languages: English, German to strengthen the capacity of HR organizations to international initiatives and programs in the field Type of programs: research programs, BIM hosts undertake HRE efforts; HRE programs in Asia, of human rights, human rights education and the Human Rights Education Service Center and Africa and Central and Eastern Europe and Central human security organizes regularly training sessions, workshops Asia; conferences and workshops. and seminars. Target groups: civil society, particularly NGOs Target groups: students, teachers, civil society, etc. involved in HRE, Government officials, indepen- AUSTRIA dent national HR institutions. Name of the organization: The Austrian Human Name of the organization: European Training and Rights Institute Name of the organization: John Humphrey Research Center for Human Rights and Address: Mönchsberg 2, Edmundsburg, A-5020 Centre Democracy (ETC) Salzburg, Austria Address: Box/PC 11661, Edmonton, AB, T5J 3K8, Address: Schubertstraße 29, A-8010 Graz, Austria Telephone/Fax Number: + 43 (0) 662 84 25 21 181/ CANADA Telephone/Fax number: + 43 (0)316 322 888 + 43 (0) 662 84 25 21 182 Telephone/Fax number: + 1 780 453–2638/ 1/+43 (0)316 322 888 4 Homepage: www.sbg.ac.at/oim/home.htm +1 780 482–1519 Homepage: www.etc-graz.at Email: [email protected] Homepage: www.johnhumphreycentre.org Email: [email protected] Working languages: English, German Email: [email protected] Working languages: English, German Target groups: lawyers, academia, administration Type of programs: summer camps and youth Type of programs: local, regional and international Type of programs: Newsletter on practice of programs on HR, HR-related publications human rights education and training programs; European Convention on Human Rights, Seminars, Target groups: especially children and youth annual human rights summer school; conceptuali- Research sation and co-ordination of HRE programs in South-Eastern Europe through the University CHILE Human Rights Centers Network in SEE; con- CANADA ferences and workshops, research projects. Name of the organization: Programa Inter- Target groups: students, high school teachers, Name of the organization: Canadian Human disciplinario de Investigaciones en Educación young researchers and university faculty, HRE Rights Foundation (CHRF) (PIIE) trainers, NGO representatives, government Address: 1425 René-Lévesque Blvd. West, Suite Address: Enrique Richard 3344, Ñuñoa, Santiago officials, independent national HR institutions, 407, Montréal, Québec, H3G 1T7, CANADA de Chile, CHILE police officers, etc. Telephone/Fax Number: + 1 514 954-0382/ Telephone/Fax Number: + 56-2–209 66 44/ +1 514 954-0659 +56-2–2204 74 60 Name of the organization: Ludwig Boltzmann Homepage: www.chrf.ca Homepage: www.piie.cl Institute for Human Rights – Vienna (BIM) Email: [email protected] Email: [email protected] Address: Heßgasse 1, A-1010 Wien, Austria Working languages: English, French, Russian, Type of programs: courses and projects on HRE, Telephone/Fax number: + 43 (0)1 4277 27420 Indonesian. seminars, HR publications, etc. +43 (0)1 4277 27429 312 ADDITIONAL RESOURCES

GREECE Homepage: Name of the organization: Mouvement de People www.nuigalway.ie/human_rights pour l’Education aux Droits Humains (PDHRE/ Name of the organization: Human Rights Defence Email: [email protected] DPEDH-MALI) and the Institut Africain Centre Working language: English d’Apprentissage pour l’Education aux Droits Address: 3, Lempessi Street, Makrygianni, Athens Type of programs: conferences on HR, summer Humains (INAFAEDH/ALIHRE) 117 42, GREECE school, training programs, study programs, Address: B. P. E 5168 Bamako Mali Telephone/Fax Number: + 30210-92 10 977/ publications and projects on HR-related topics Telephone/Fax Number: + 223 220 41 73/ +30210-92 46 056 Target groups: students, researchers +2232204174 Homepage: www.kepad.gr Email: [email protected] Email: [email protected] Type of programs: Human Rights Education JORDAN Working language: English Programs, Human Rights City (Kati) Type of programs: HR education Name of the organization: Amman Center for Target groups: young people, ages 20 to 30 (uni- Human Rights Studies (ACHRS) versity students, graduates, NGO representatives, THE NETHERLANDS Address: Amman-1121, P. O. box 212524, JORDAN journalists and other members of the society) from Telephone/Fax Number: + 962-6-4655043 Name of the organization: Netherlands Institute South-East European countries (in the near future Homepage : www.achrs.org of Human Rights (SIM) also from Middle East and Eastern Europe). Email: [email protected] Address: Utrecht University, Janskerkhof 3, 3512 Working language: Arabic BK Utrecht, The NETHERLANDS Name of the organization: Marangopoulos Foun- Type of programs: Training courses on HR, wo- Telephone/Fax Number: + 31 30 2538033/ dation for Human Rights men’s and children’s rights, youth and voluntary +31 30 2537168 Address: 1, Lycavittou Street, Athens 106 72, work, justice and penal reforms; programs to Homepage: www2.law.uu.nl/english/sim GREECE convey social, educational and economic HR. Email: [email protected] Telephone/Fax Number: + 3 – 010 3637455, Target groups: women, children, adolescents, Type of programs: research projects and studies, + 3 – 010 3613527/+3 – 010 3622454 volunteers, journalists, school teachers, lawyers, distribution of HR information at national and Homepage: www.mfhr.gr judges, etc. international level, courses, conferences, Email: [email protected] symposia, lectures Working languages: English, French, Greek, Italian Type of programs: courses and seminars on HRE, MALI scholarships for students specializing in HR, HRE- NORWAY related publications and lectures. Name of the organization: Association Malienne des Droits de l’Homme (AMDH) Name of the organization: Norwegian Centre for Address: Avenue Mamadou KONATE, Porte 400, Human Rights (previous name: Norwegian IRELAND Bamako-Coura, Bamako, B. P. 3129 Institute of Human Rights) Telephone/Fax Number: + 223-222-34-62 Address: University of Oslo – Faculty of Law, Name of the organization: Irish Centre for Homepage: www.afrdh.org/amdh Norwegian Centre for Human Rights (NCHR), P. b. Human Rights Email: [email protected] 6706 St. Olavs plass, 0130 Oslo, NORWAY Address: National University of Ireland Galway, Type of programs: Promotion and protection of Telephone/Fax Number: + 47 – 22842001/ Galway, IRELAND human rights (seminars, conferences, workshops), +47 – 22842002 Telephone/Fax Number: + 353 91 750464/ documentation, Human Rights Education Homepage: +353 91 750575 http://www.humanrights.uio.no/english/ ADDITIONAL RESOURCES 313

Email: [email protected] Homepage: www2.arnes.si/~uljpeins/ Name of the organization: Mirovni institut – Working languages: Norwegian, English Email: [email protected] Peace Institute Type of programs: HR study programs, courses, Type of programs: basic, research, development Address: Metelkova ulica 6, 1000 Ljubljana, other HRE-related activities, including textbook and applied projects on education and related SLOVENIA projects. areas; training and post-graduate education of Telephone/Fax Number: + 386 1 234 77 20/ Target groups: university students, secondary researchers; organization of seminars, professional +386 1 234 77 22 school teachers, primary school teachers meetings and international conferences. Homepage: www.mirovni-institut.si Email: [email protected] Name of the Organization: The Norwegian Name of the organization: Foundation “To- Type of programs: conferences, seminars, research Refugee Council (NRC) gether” – Regional Centre for Psychosocial Well- studies and projects in the fields of HR, demo- Address: P. O. Box 6758 St. Olavs Plass, N-0130 being of Children cratisation, peace and war, racism, gender and Oslo, NORWAY Address: Resljeva 30, 1000 Ljubljana, SLOVENIA cultural studies, etc. Telephone/Fax Number: + 47-23 10 98 00/ Telephone/Fax Number: + 386 1 430 12 99/ Name of the organization: HUMANITAS +47-23 10 98 01 +386 1 430 12 98 Address: Gosposka 10, 1000 Ljubljana, SLOVENIA Homepage: www.nrc.no Homepage: www.together-foundation.si Telephone Number: + 386 1 43 00 343 Email: [email protected] Email: [email protected] Homepage: www.humanitas-slovenia.org Working languages: English, French, Portuguese Type of programs: programs to strengthen local Email: [email protected] and the local official languages (Armenia, structures in the field of child care and Type of Programs: projects to offer assistance and Azerbaijan, Georgia, Burundi). development of models of psychosocial protection protection to less privileged members of Type of programs: support of societies in acute/ and empowerment of children affected by war and society at home and around the world; to chronic emergencies or in a transition phase. Main by social adversities in South-Eastern Europe. represent their interests, especially those of objectives: HRE, workshops, production of Target groups: teachers, school staff, health care children; and to promote and provide education teaching material in national languages. workers, NGOs, etc. and advice on basic HR. Target groups: national education authorities and institutions; regional education officials, decision Name of the organization: Institute for Ethnic makers and headmasters; teachers and teacher Studies (IES) SOUTH AFRICA trainers; pupils and their parents. Address: Erjavzceva 26, 1000 Ljubljana, SLO- VENIA Name of the organization: Centre for Human Telephone/Fax Numbers: + 386 1 200 18 70/ Rights – University of Pretoria SLOVENIA +386 1 251 09 64 Address: University of Pretoria, 0002, Pretoria, Homepage: www.inv.si SOUTH AFRICA Name of the organization: Educational Research Email: [email protected] Telephone/Fax Numbers: + 27 12 420–4111/ Institute (ERI) Type of programs: research programs and projects +27 12 362–5168 Address: Gerbizceva 62, 1000 Ljubljana, SLO- in the field of ethnic studies, expert studies Homepage: www.up.ac.za/chr VENIA especially for state institutions dealing with ethnic, Email: [email protected] Telephone/Fax Number: + 386 1 420 12 40/ minority and cultural policy. Type of programs: workshops, seminars, con- +386 1 420 12 66 ferences, specialized training sessions, education programs, projects on HRE and HR law in Africa 314 ADDITIONAL RESOURCES

Target groups: social workers, teachers, lawyers, Type of programs: regional meetings and training Type of programs: online-information, adult police officials, NGOs on HR information handling and documentation, formation training for trainers courses Target groups: administration, social workers, Name of the organization: UNESCO `Oliver Target groups: information workers and docu- police etc. Tambo’ Chair of Human Rights mentalists of organizations concerned with HR Address: University of Fort Hare, Private Bag THAILAND X1314, Alice 5700, SOUTH AFRICA Name of the organization: International Training Telephone/Fax Number: + 27–40 602 2220/ Centre on Human Rights and Peace Teaching Name of the organization: Asian Regional +27–40 602 2544 (CIFEDHOP) Resource Center for Human Rights Education Homepage: http://www.ufh.ac.za (search under: Address: 5, rue du Simplon, 1207 Geneva, (ARRC) departments/research) Switzerland Address: 2738 Ladprao, 128/3 Klongchan, Email: [email protected] Telephone/Fax Number: + 41-22 735 24 22/ Bangkapi, Bangkok 10240, THAILAND Working language: English +41-22 735 06 53 Telephone/Fax Numbers: + 66 2 377 5641/ Type of programs: HR education, professional Homepage: www.eip-cifedhop.org +66 1 642 7278 training, research, documentation etc in the area Email: [email protected] Homepage: www.arrc-hre.com of HR, democracy, values, peace and tolerance Working languages: French, English Email: [email protected] Target groups: professional groups, national HR Type of programs: international sessions on HRE; Working language: English institutions, NGOs, students and educators from regional and national training sessions in several Type of programs: organization of HRE training secondary schools to universities, agents of social countries; publication and distribution of HRE- activities at regional and national level, reports change, structures of civil society. related material; support of research, study and and publications on HRE preparation of educational materials. Target groups: Trainers of HRE organizations Target groups: teachers from primary, secondary SWITZERLAND and vocational schools and teacher training Name of the organization: Office of Human Name of the organization: Human Rights colleges in HR and peace education. Rights Studies and Social Development, Mahidol Information and Documentation Systems, University. International – HURIDOCS Name of the organization: Menschenrechte Address: Faculty of Graduate Studies, Mahidol Address: 48, chemin du Grand-Montfleury, CH- Schweiz MERS (Human Rights Switzerland) University, Salaya Campus, Nakhon Pathom 73170, 1290 Versoix, SWITZERLAND Address: Gesellschaftsstraße 45, 3012 Bern, THAILAND Telephone/Fax Number: + 41-22 755 52 52/ SWITZERLAND Telephone/Fax Numbers: (66 2) 441-4125 ext. 400, +41-22 755 52 60 Telephone/Fax Number: + 41-31 302 01 61/ 401/441-9427 Homepage: http://www.huridocs.org +41-31 302 00 62 E-mail: [email protected] Email: [email protected] Homepage: www.humanrights.ch Working languages: English, French, Spanish Email: [email protected] (translations of publications also in Arabic, Working language: German Russian and other languages) UNIVERSAL DECLARATION OF HUMAN RIGHTS 315 UNIVERSAL DECLARATION OF HUMAN RIGHTS

Preamble importance for the full realization of this to which a person belongs, whether it be Whereas recognition of the inherent dignity pledge, independent, trust, non-self-governing or and of the equal and inalienable rights of all Now, therefore, under any other limitation of sovereignty. members of the human family is the The General Assembly, foundation of freedom, justice and peace in Proclaims this Universal Declaration of Article 3 the world, Human Rights as a common standard of Everyone has the right to life, liberty and Whereas disregard and contempt for human achievement for all peoples and all nations, security of person. rights have resulted in barbarous acts which to the end that every individual and every have outraged the conscience of mankind, organ of society, keeping this Declaration Article 4 and the advent of a world in which human constantly in mind, shall strive by teaching No one shall be held in slavery or servitude; beings shall enjoy freedom of speech and and education to promote respect for these slavery and the slave trade shall be belief and freedom from fear and want has rights and freedoms and by progressive prohibited in all their forms. been proclaimed as the highest aspiration of measures, national and international, to the common people, secure their universal and effective recog- Article 5 Whereas it is essential, if man is not to be nition and observance, both among the No one shall be subjected to torture or to compelled to have recourse, as a last resort, peoples of Member States themselves and cruel, inhuman or degrading treatment or to rebellion against tyranny and oppression, among the peoples of territories under their punishment. that human rights should be protected by the jurisdiction. rule of law, Article 6 Whereas it is essential to promote the Article 1 Everyone has the right to recognition development of friendly relations between All human beings are born free and equal in everywhere as a person before the law. nations, dignity and rights. They are endowed with Whereas the peoples of the United Nations reason and conscience and should act have in the Charter reaffirmed their faith in towards one another in a spirit of brother- Article 7 fundamental human rights, in the dignity hood. All are equal before the law and are entitled and worth of the human person and in the without any discrimination to equal protec- tion of the law. All are entitled to equal equal rights of men and women and have Article 2 protection against any discrimination in determined to promote social progress and Everyone is entitled to all the rights and violation of this Declaration and against any better standards of life in larger freedom, freedoms set forth in this Declaration, incitement to such discrimination. Whereas Member States have pledged without distinction of any kind, such as race, themselves to achieve, in cooperation with colour, sex, language, religion, political or the United Nations, the promotion of other opinion, national or social origin, Article 8 universal respect for and observance of property, birth or other status. Everyone has the right to an effective remedy human rights and fundamental freedoms, Furthermore, no distinction shall be made on by the competent national tribunals for acts Whereas a common understanding of these the basis of the political, jurisdictional or violating the fundamental rights granted him rights and freedoms is of the greatest international status of the country or territory by the constitution or by law. 316 UNIVERSAL DECLARATION OF HUMAN RIGHTS

Article 9 Everyone has the right to leave any country, Article 18 No one shall be subjected to arbitrary arrest, including his own, and to return to his Everyone has the right to freedom of thought, detention or exile. country. conscience and religion; this right includes freedom to change his religion or belief, and Article 10 Article 14 freedom, either alone or in community with Everyone is entitled in full equality to a fair Everyone has the right to seek and to enjoy others and in public or private, to manifest and public hearing by an independent and in other countries asylum from persecution. his religion or belief in teaching, practice, impartial tribunal, in the determination of his This right may not be invoked in the case of worship and observance. rights and obligations and of any criminal prosecutions genuinely arising from non- charge against him. political crimes or from acts contrary to the Article 19 purposes and principles of the United Everyone has the right to freedom of opinion Article 11 Nations. and expression; this right includes freedom Everyone charged with a penal offence has to hold opinions without interference and to the right to be presumed innocent until Article 15 seek, receive and impart information and proved guilty according to law in a public Everyone has the right to a nationality. ideas through any media and regardless of trial at which he has had all the guarantees No one shall be arbitrarily deprived of his frontiers. necessary for his defence. nationality nor denied the right to change his No one shall be held guilty of any penal nationality. Article 20 offence on account of any act or omission Everyone has the right to freedom of peaceful which did not constitute a penal offence, Article 16 assembly and association. under national or international law, at the Men and women of full age, without any No one may be compelled to belong to an time when it was committed. Nor shall a limitation due to race, nationality or religion, association. heavier penalty be imposed than the one that have the right to marry and to found a family. was applicable at the time the penal offence They are entitled to equal rights as to Article 21 was committed. marriage, during marriage and at its Everyone has the right to take part in the dissolution. government of his country, directly or Article 12 Marriage shall be entered into only with the through freely chosen representatives. No one shall be subjected to arbitrary inter- free and full consent of the intending Everyone has the right to equal access to ference with his privacy, family, home or spouses. public service in his country. correspondence, nor to attacks upon his The family is the natural and fundamental The will of the people shall be the basis of honour and reputation. Everyone has the group unit of society and is entitled to the authority of government; this will shall right to the protection of the law against such protection by society and the State. be expressed in periodic and genuine interference or attacks. elections which shall be by universal and Article 17 equal suffrage and shall be held by secret Article 13 Everyone has the right to own property alone vote or by equivalent free voting procedures. Everyone has the right to freedom of move- as well as in association with others. ment and residence within the borders of No one shall be arbitrarily deprived of his each State. property. UNIVERSAL DECLARATION OF HUMAN RIGHTS 317

Article 22 necessary social services, and the right to Everyone has the right to the protection of Everyone, as a member of society, has the security in the event of unemployment, the moral and material interests resulting right to social security and is entitled to sickness, disability, widowhood, old age or from any scientific, literary or artistic pro- realization, through national effort and other lack of livelihood in circumstances duction of which he is the author. international co-operation and in accordance beyond his control. with the organization and resources of each Motherhood and childhood are entitled to Article 28 State, of the economic, social and cultural special care and assistance. All children, Everyone is entitled to a social and rights indispensable for his dignity and the whether born in or out of wedlock, shall international order in which the rights and free development of his personality. enjoy the same social protection. freedoms set forth in this Declaration can be fully realized. Article 23 Article 26 Everyone has the right to work, to free choice Everyone has the right to education. Edu- Article 29 of employment, to just and favourable cation shall be free, at least in the elementary Everyone has duties to the community in conditions of work and to protection against and fundamental stages. Elementary edu- which alone the free and full development of unemployment. cation shall be compulsory. Technical and his personality is possible. Everyone, without any discrimination, has professional education shall be made In the exercise of his rights and freedoms, the right to equal pay for equal work. generally available and higher education everyone shall be subject only to such Everyone who works has the right to just and shall be equally accessible to all on the basis limitations as are determined by law solely favourable remuneration ensuring for himself of merit. for the purpose of securing due recognition and his family an existence worthy of human Education shall be directed to the full and respect for the rights and freedoms of dignity, and supplemented, if necessary, by development of the human personality and others and of meeting the just requirements other means of social protection. to the strengthening of respect for human of morality, public order and the general Everyone has the right to form and to join rights and fundamental freedoms. It shall welfare in a democratic society. trade unions for the protection of his promote understanding, tolerance and friend- These rights and freedoms may in no case be interests. ship among all nations, racial or religious exercised contrary to the purposes and groups, and shall further the activities of the principles of the United Nations. Article 24 United Nations for the maintenance of peace. Everyone has the right to rest and leisure, Parents have a prior right to choose the kind Article 30 including reasonable limitation of working of education that shall be given to their Nothing in this Declaration may be inter- hours and periodic holidays with pay. children. preted as implying for any State, group or person any right to engage in any activity or Article 25 Article 27 to perform any act aimed at the destruction Everyone has the right to a standard of living Everyone has the right freely to participate in of any of the rights and freedoms set forth adequate for the health and well-being of the cultural life of the community, to enjoy herein. himself and of his family, including food, the arts and to share in scientific advance- clothing, housing and medical care and ment and its benefits.

GENERAL REMARKS ON HUMAN RIGHTS EDUCATION METHODOLOGY 319

GENERAL REMARKS ON HUMAN The activities chosen in this manual are dis- Brainstorming sessions are a helpful ice-breaker RIGHTS EDUCATION METHODOLOGY cussions, case studies, role plays, and, alter- and introduction to different topics and can be natively, free action activities. The main used as a stimulus for a dialogue, game, or Human rights education is all learning that features of each method are listed below and activity. develops the knowledge, skills, and values of accompanied by other useful hints on method human rights. It asserts the responsibility both which are intended to help facilitators to deve- of states and individuals to respect, protect, and lop a creative and innovative approach to the DISCUSSION promote the rights of all human beings without complex problems presented in each activity. distinction of race, sex, age, ethnic and national Discussions encourage reflection, analysis and background or belief. critical thinking, they provide non-hierarchical, BRAINSTORMING democratic, collaborative learning and they The activities listed in all the modules of the help participants to respect and accept a variety manual help learners to develop understanding Brainstorming encourages creativity and the of viewpoints and opinions. To keep a dis- about the main human rights principles, quick generation of many ideas. It can be used cussion focused, you might initially pose communication skills, critical thinking and for identifying alternative ways of solving a several key questions. The larger the group, the analytical skills, creativity and persuasion specific problem, answering a question, intro- more likely that some participants will domi- skills, all of them essential to a democracy. ducing a new subject, raising interest, and nate and others remain silent. To ensure that They provide multi-cultural, socio-economic making a survey of knowledge and attitudes. everyone has the opportunity to speak you can and historical perspectives on the universal divide the whole group into smaller units. struggle for justice and dignity. They are meant A brainstorming session can take the following When any discussion comes to an end, to engage the heart as well as the mind and forms: summarize the main points orally and in challenge different learners to understand what writing. Facilitators need to keep the goal of the human rights mean to them personally, and to • introducing a question, problem, or topic discussion clearly in mind; they have to provide encourage them to translate understanding into (orally and/or in writing) questions that encourage participation and informed, nonviolent action. Last but not least • inviting the group members to respond with analysis. the activities aim to examine human rights as many ideas or suggestions as possible, issues in their complexity without bias and ideally in single words or short phrases • Hypothetical: “What would you do if …?” from different angles through a variety of • recording responses on a flip-chart (keep in • Speculating: “How might we solve the educational practices. Therefore the ultimate mind that, very often, the most creative or problem?” goal of all the activities is to demonstrate that outrageous suggestions are the most useful • Defining: “Can you tell us how you think everyone can bring about changes and and interesting) that idea would work?” contribute to the fulfillment of human rights, • prioritizing, analyzing the output, and • Probing: “Why do you think that?” justice, and dignity for all. clustering solutions • Clarifying/Summarizing: “Am I right in saying that you think …?” 320 GENERAL REMARKS ON HUMAN RIGHTS EDUCATION METHODOLOGY

One way of helping to create an environment of cooperation and team building. They can be participants to draw parallels between what trust and mutual respect is to have participants used to set up effective debates (e.g. groups they have experienced and situations in the real develop their own “Discussion Rules”: assigned to argue allocated positions on an world. Facilitators should be very sensitive to issue) and comparisons (e.g. different analyses the fact that some people may feel uneasy, • Ask them to think of some principles for dis- of or solutions to problems in the case). The uncomfortable or even helpless in the assigned cussion which they think everyone should case you chose can be a situation. follow. • Write all these suggestions where everyone • Real case, drawn from historical or current can see them, combining and simplifying events. INTRO/WARMING UP where necessary. If the rules listed below are • Fictional or hypothetical case to address not suggested, add those you think are particular issues or workshop topics. To start an activity, get people to introduce absolutely necessary for a discussion: Fictional situations can often address locally themselves and try to make them feel welcome. sensitive issues without provoking responses If needed, use a so called “ice-breaker”, an Listen to the person who is speaking º about particular individuals, organizations, activity to help participants to learn more about Only one person speaks at a time º social groups, or geographical regions. each other and become comfortable expressing Agree on a special sign for being noticed if º • Fieldwork case which might lead partici- themselves in a group. you want to say something pants to work and react within their Avoid interrupting when someone else is º community. speaking ICEBREAKERS: When you disagree with someone, make º Role play sure that you make a difference between In role plays participants are placed in fictional • Group Still Life: Each person brings a criticizing someone’s idea and criticizing the circumstances. Facilitators can either provide a meaningful object from home to contribute person role play in detail or just give a little to an opening display as a way of intro- Do not laugh when someone is speaking – º information on it and let participants develop it ducing something important about themself. unless they make a joke on their own. Actors in a role play can either • Get into one line: Let people line up Encourage everyone to participate º pretend to be someone else or even act as according to their height, their age, the Last but not least you should copy the list of themselves in a novel situation. But neverthe- month of their birthday, shoe size and so on. rules and hang it where everyone can refer to it, less it is necessary to state clearly at the very • Interviews: Each person pairs off with add, or make changes if necessary. beginning that a role play should not be too another and asks several questions. Then long or too elaborately scripted to give viewers each partner introduces the other one to the as well as actors the chance to follow them whole group. CASE STUDIES easily. Very often role plays have an open end in • Me Too! One person says her or his name order to achieve the learning objectives and to and starts talking about themselves. As soon Cases can encourage analysis, critical thinking, stimulate a discussion. However, careful as someone else hears something they have problem solving, and planning skills, as well as questioning at the end is essential to enable in common with the speaker, they interrupt, GENERAL REMARKS ON HUMAN RIGHTS EDUCATION METHODOLOGY 321

giving their name, and begin telling • Explain the scope of the activity and ask When giving feedback, it is important to respect something about themselves. Continue until participants to state their expectations; the others, to focus on what they said or did, everyone in the group has introduced record these on a flip-chart. Then examine and to give reasons for your point of view. themselves in this way. the list and evaluate honestly whether the Some ways of giving feedback: • Musical Chairs: Arrange chairs in a close session is likely to meet the expectations circle and ask participants to sit down. Stand listed. • Slip Box: Each participant states his/her in the middle of the circle and say your name • Ask the group what they do not want and list opinion about the activity on a piece of and something about yourself. When you do these as well. This provides a good basis for paper and puts it in a box. Then everyone so, everyone for whom your statement is setting rules basic rules for the group. takes one of the slips and reads it out loud, true as well must change chairs (e.g.: I am X • Together with the group establish basic rules and the whole group discusses the opinion and I have two children; I am X and I dislike which help you to provide an environment stated on it. rats….) Try to get a chair for yourself now. of trust and make interaction respectful, • Go on, I’m listening: Each participant has 5 The person left without a chair introduces confidential, and useful. minutes to tell the listeners his/her personal themselves and says something (as in the view of the activity. above example) which again they may have Giving Feedback • The People Machine: All participants form a in common with others. Giving feedback is an essential part of the circle, holding hands, and one person starts • Knots: Tell everyone to stand shoulder to whole activity itself. There are various ways to with something he/she liked or disliked. The shoulder in a circle with their arms stretched get feedback and provide participants with it, so person next to him/her repeats this opinion, out in front of them. They should now grab facilitators should ask themselves the following agrees or disagrees with it and then gives an hands across the circle. No one may hold the questions: opinion about something else. hand of someone beside him. Now tell • Weather report: Participants describe how participants to untangle the knot without • How did people feel about this activity? they feel about the activity as if it were a letting go of the hands. • Was it more or less difficult than they had weather report. first imagined? After people get to know each other facilitators • What were the most difficult aspects of it, or should point out a few things to the whole the most difficult things to represent? CONCLUDING group in order to get the most out of the • Did people learn anything new about human activity: rights? It is important to end an activity on the right • Where were the similarities or differences note. In particular participants need an • State the time frame for this activity and among the group(s)? opportunity to sum up what they have learned, your intention to respect participants’ time • Were there any fundamental disagreements individually as well as collectively. In general by beginning and ending promptly. You may over the idea of human rights? Why? the way to conclude depends greatly on the even ask someone to serve as a time keeper, goals and tenor of the activity. Here are a few especially for small group activities. ideas: 322 GENERAL REMARKS ON HUMAN RIGHTS EDUCATION METHODOLOGY

• Ball Toss: Participants toss a ball from one to FOR human rights. Learning about is largely • change behaviors another. Each person who catches the ball cognitive, including rights history, documents, • clarify values states one thing she or he learned or can use and implementation mechanisms. Education for • develop solidarity from this session. human rights means understanding and • analyze situations in terms of human rights • Collective Summary: Pose a summarizing embracing the principles of human equality and • strategize and implement appropriate question (What remarks that you have heard dignity and the commitment to respect and responses to injustice today will you especially remember as protect the rights of all people. It is not so much meaningful?) or an open-ended statement what we know, as the way we act. The Manual “Understanding Human Rights” (Try to think of a word or phrase that sums aims to contribute to the current human rights up your feelings). Ask participants to Human rights are highly inspirational and also education debate in terms both of content and respond in turn. highly practical, embodying the hopes and form and also add to the process of shaping a • Slide Show: The facilitator has taken photos ideals of most human beings and also genuine culture of human rights world-wide. of the session, including each participant. As empowering people to achieve them. Human Our intention is to assist learners to gain a reflection on the activity each participant rights education shares those inspirational and knowledge as well as skills to take control of gives a brief comment on his or her practical aspects. It sets standards but it also their own lives. We believe that understanding contribution, his feelings before, during, and brings about changes. So human rights human rights, a process in which human rights after the session. education can: education has a pivotal role, and means empowerment and a better life for many. Only • bring about changes in values and attitude respecting the principles of human rights in WHY HRE? – • bring about changes in behavior one’s own life can eventually bring about the THE METHODOLOGY OF HRE • bring about empowerment for social justice fundamentals for a common co-existence and • help develop attitudes of solidarity across respecting the rights of others. Human rights education is essential to active issues, communities, and nations citizenship in a democratic and pluralistic • help develop knowledge and analytical skills society. Citizens need to be able to think • encourage participatory education REFERENCES: critically, make moral choices, take principled positions on issues, and devise democratic In this new field many goals have arisen and Flowers, Nancy. 2000. The Human Rights Education courses of action. Only humans who the content needed to meet these goals are Handbook. Effective Practices for Learning, Action, and Change. Human Rights Education Series. Topic Book 4. understand human rights will work to secure under continual and generally creative debate. University of Minnesota: Human Rights Resource Center and defend them for themselves and others. But Some of the most motivating goals are to: and The Stanley Foundation. in order to be involved in this way, it is necessary to be informed. Effective human • develop critical analysis of one’s own life rights education has two essential objectives: situation learning ABOUT human rights and learning • change attitudes GLOSSARY 323

GLOSSARY parties concerned; (International law) the that “conveys the impression” that the material procedure laid down for the settlement of contains a visual depiction of a minor engaging in Absolutist State: the term indicates that the only international disputes. sexually explicit conduct. Child pornography may legitimate source of power in such states was the be contained in videotapes, photographs, undeve- monarch. In particular the rulers of such states Armed Conflict: situation in which two or more loped camera film and computer graphic files. tried to deprive the aristocracy and the church of organized groups are engaged in armed fighting, the ability to compete with the monarch. This whether international or internal. Any difference Child Refugee: a child refugee or displaced child ideal was rarely achieved. The term does not arising between two states and leading to the is every person below the age of 18 who is seeking mean that the monarch had immediate and direct intervention of armed forces is an armed conflict refugee status or other international protection, control of everyday life. even if one of the parties denies the existence of a considered a refugee in accordance with state of war. applicable international or domestic law and Affirmative Action: a set of explicit actions or procedures, whether unaccompanied or accom- programs designed to increase the educational and Bioethics: bioethics is the study of moral issues panied by his or her parents or by any other adult, employment opportunities of individuals or groups arising from the principles and practices of a broad or who is forced to flee across an international denied full participation and access in those areas. range of human sciences. The field of bioethics border (as a result, for example, of war, civil war incorporates examination of moral issues arising or generalized violence.) Anti-Semitism: hatred, prejudice, oppression, or from scientific practices as well as philosophical discrimination against Jews or Judaism. Actually, inquiry into questions of value, and investigation Child: the United Nations 1989 Convention on the the term is a misnomer. “Semitic” originally into issues of public policy. Rights of the Child defines a child as a “human indicated the descendents of Shem, which include being below the age of eighteen years unless, under both Jews and Muslims in the Middle East. Now, Child Labor: Child labor is work that deprives the law applicable to the child, majority is attained the term is used mainly to refer to Jews. children of their childhood, their potential and earlier”. their dignity, and that is harmful to their physical Apartheid: apartheid is the Afrikaans word for the and mental development. The 1989 UN Con- Civil Society: civil society refers to the set of systematic, legalized discrimination that existed in vention on the Rights of the Child calls for pro- institutions, organizations and behavior situated South Africa between 1948-94. Under the tection “against economic exploitation and against between the state, the business world, and the Population Registration Act of 1950 the population carrying out any job that might endanger well- family. Specifically, this includes voluntary and was classified in different racial categories with being or educational opportunities, or that might non-profit organizations of many different kinds, education, residence and marriage only permitted be harmful to health or physical, mental, spiritual, philanthropic institutions, social and political within each category. With the election of Nelson moral, or social development.” (Article 32). movements, other forms of social participation Mandela as President in 1994 the system was and engagement and the values and cultural legally dismantled, although some apartheid-like Child Pornography: a visual depiction of an patterns associated with them (source: London practices still continue informally. individual who is under 18 years of age, or who School of Economics). appears to be under 18 years of age, engaged in Arbitration: (Law) the hearing and determination sexually explicit conduct. A visual depiction may Civilian Object: any object that has not a military of a dispute, esp. an industrial dispute, by an also constitute child pornography if it is objective. impartial referee selected or agreed upon by the advertised, promoted, or presented in such a way 324 GLOSSARY

Civilian: person who is not a combatant. Confidentiality: an ability to keep something physical space, of sleep, communications, hygiene, secret. Confidentiality has been chosen as a nourishment, medical care, etc. Collateral Damage: damage or loss caused standard working method by the International incidentally during an attack undertaken despite Committee of the Red Cross (ICRC) in order to be Derogation: a suspension of an obligation all necessary precautions designed to prevent, or able to have access to victims and to protect them regarding a human right in certain clearly defined in any event to minimize, loss of civilian life, by developing efficient dialogue with the circumstances like public emergency. injury to civilians and damage to civilian objects. authorities. Detainee: civilian who is accused of a crime and Combatant: person taking a direct part in Convention: a multilateral treaty which under held prisoner during an armed conflict. hostilities or member of the armed forces of a state international law is binding on all parties. Also or organization involved in an armed conflict. called “covenant” in the case of the ICCPR and Direct Discrimination: it occurs when one person ICESCR. or group of people receive less favorable treatment Committee on Economic, Social and Cultural than another person or group in the same position Rights: established by the ECOSOC in 1985, the Crimes against Humanity: murder, extermi- would have received on the grounds of their race, primary function of the Committee is to monitor nation, enslavement, deportation, imprisonment color, descent or national or ethnic origin. the implementation of the Covenant (ICESCR) by or torture, when committed as part of a wide- states. It strives to develop a constructive dialogue spread or systematic attack directed against any Discrimination: the denial of equal treatment, with these and seeks to determine through a civilian population. civil liberties, or opportunity to individuals or variety of means whether or not the norms groups with respect to education, accommodation, contained in the Covenant (relating to all basic Crimes against Peace: planning, preparation, health care, employment, or access to services, necessities of life – work, food, housing, health initiation or waging of a war of aggression, or a goods, or facilities. Discrimination may occur on care, education and culture) are being adequately war in violation of international treaties. the basis of race, nationality, gender, age, religious, applied in these states and how the political, or ethnic affiliation, marital or family implementation and enforcement of the Covenant Cultural Rights: The rights to preserve and enjoy status, physical, developmental, or mental handi- could be improved so that all people who are one’s cultural identity and development. cap. entitled to the rights enshrined in the Covenant can actually enjoy them in full. Declaration: a solemn statement by a treaty body, Drop-out Rate: the percentage of those leaving which may contain recommendations but is not school or college before they have finished their Communication: an individual or collective legally binding. A declaration can also be a studies. complaint to a treaty body regarding an alleged statement by individual states on the violation of human rights. Also called interpretation of an obligation. Due process: law in its regular course of “application”, “complaint” or “petition”. administration through the courts of justice. The Deprivation Techniques: methods of psycho- guarantee of due process requires that every Complaint: an individual or collective communi- logical torture including social or educational person has the protection of a fair trial. cation to a treaty body drawing attention to an deprivation, solitary confinement, deprivation of alleged violation of human rights. See also employment and cultural, political and religious Economic and Social Council: UN council of 54 communication. activities, sensory deprivation, deprivation of members concerned principally with the fields of GLOSSARY 325

population, economic development, human rights, rooted in an intellectual skepticism to traditional authority and law, and the separation of religion and criminal justice. This high-ranking body beliefs and dogmas, denotes an “illumined” and state. receives and discharges human rights reports in a contrast to the supposed dark and superstitious variety of circumstances. Abbreviated ECOSOC. character of the Middle Ages. From its inception, Faith: a religion, or any of the recognized com- the Enlightenment focused on the power and munities of religious belief. Economic Rights: human rights that concern the goodness of human rationality. production, development, and management of Female Genital Mutilation (FGM) or Female material for the necessities of life. Enrolment: the act of officially joining a course, Genital Cutting (FGC): FGM comprises all school, etc. procedures that involve partial or total removal of Education: discipline that is concerned, in this female external genitalia and/or injury to the context, mainly with methods of teaching and Epidemic Disease: attacking or affecting many female genital organs for cultural or any other learning in schools or school-like environments as people simultaneously in a community or area. non-therapeutic reason. (Definition by WHO 1995) opposed to various informal means of socialization ( e.g., between parents and their Equity: impartial or just treatment, requiring that children). similar cases be treated in similar ways. Free-Trade Zone: an industrial area in which a country allows foreign companies to import Elementary Education: also called primary Ethnic Cleansing: forcibly displacing or material for production and export finished goods education, the first stage traditionally found in exterminating an ethnic population from a without paying significant taxes or duties (fees to formal education, beginning at about age 5 to 7 particular area in order to assert the identity and the government). A free-trade zone thus decreases and ending at about age 11 to 13. power of another ethnic group. a company’s production costs.

Endemic disease: the constant presence of a Eurocentrism: the process of placing more Gender: Article 7, paragraph 3, of the Rome disease or infectious agent within a given geo- emphasis on European (and, generally, Western) Statute of the International Criminal Court defines graphic area; may also refer to the usual theories and ideas, at the expense of other gender as the “two sexes, male and female, within prevalence of a given disease within such area. cultures. Implicit in this definition is the assump- the context of society. The term ‘gender’ does not tion that Western concepts are fundamentally indicate any meaning different from the above”. Enforced pregnancy: the unlawful confinement of different from those in other cultures or More liberal definitions also include the societal a woman forcibly made pregnant, with the intent civilizations. A somehow contradictory but positions accorded to women and men. of affecting the ethnic composition of any equally important implication is the assumption population or carrying out other grave violations that Western concepts are universal. That is, they Genetic Modification: is the deletion, change or of international law. have evolved to something of a universal cultural moving of genes within an organism as well as the currency into which elements of other cultures can transfer of genes from one organism to another. It Enforced prostitution: to force somebody into relatively easily convert. There are a number of can also mean the modification of existing genes prostitution, used as a means in armed conflict. such Western concepts, always in a process of or the construction of new genes and their flux. Usually, ideas defined as Western in nature incorporation into any organism. Enlightenment: an intellectual movement which include individualism, human rights, secular began in England in the seventeenth century, 326 GLOSSARY

Genocide: deliberate and systematic destruction of Individual Racism: a form of racial discrimination is closely tied to governance: voluntary com- a racial, ethnic, religious or cultural group, that stems from conscious, personal prejudice by pliance with laws and regulations results in greater through killing, injuring, worsening of the individuals. effectiveness than reliance on coercion and conditions of life, prevention of births or transfer personal loyalties. of children. Interfaith Dialog: an attempt to initiate dialog, cooperation, and understanding among Maquiladora: a factory, often foreign-owned, that Hors de Combat: describes combatants that have individuals of different religions. Inter-religious assembles goods for export. From Spanish, the been captured or wounded or who are sick or dialog bears the same meaning. word is pronounced mah-kee-lah-DOH-rah. It is shipwrecked and thus no longer in a position to usually shortened to maquila. fight. Internally Displaced Person: people who have moved from their homes, but not left their country, Mediation: a problem-solving negotiation process Human Poverty Index: the UNDP’s Human because of fear of persecution, in order to avoid in which a third party works with disputants to Poverty Index was developed for the measurement the effects of armed conflict or violence, violations assist them to reach a satisfactory negotiated of poverty that goes beyond mere income of human rights or natural or man-made disasters. settlement. Mediators have no authority to decide distribution. The five real-life attributes of poverty the dispute between the parties; instead, the taken into account are illiteracy, malnutrition International Labour Office: established in 1919 parties empower the mediator to help them resolve among children, early death, poor health care, and as part of the Versailles Peace Treaty to improve the issues between them. poor access to safe drinking water. working conditions and promote social justice; the ILO became a Specialized Agency of the UN in Military Necessity: concept whereby the use by a Humanity: human nature of all people no matter 1946. Abbreviated ILO. belligerent of a degree of force necessary to who they are, and irrespective of their nationality, achieve the objective of the war is justifiable, the race, religious beliefs, social class, political Internee: civilian or combatant who is not objective of war being the total submission of the opinions or other group or personal characteris- accused of a crime but held prisoner as a preven- enemy as quickly as possible with the minimum tics. tive security measure during an armed conflict. human, material and financial losses.

Illiteracy: inability of a person to read or write. Intolerance: unwillingness to endure and/or Military Objectives: objects which by their respect the beliefs and practices of others. Racial nature, location, purpose or use make an effective Impartiality: serving people or making decisions intolerance prevents members of other racial contribution to military action and whose about people based only on their needs, without groups from sharing equally or benefiting fully destruction offers a definite military advantage. considering their nationality, race, religious from the opportunities available in a community, beliefs, social class or political opinions. while religious intolerance refuses to accept or Neutrality: not taking sides in a conflict. respect the religious beliefs of others. Indirect Discrimination: it includes practices or Non-governmental organization (NGO): is any policies that appear to be “neutral” or “fair” but Legitimacy: the degree to which a government’s non-profit, voluntary citizens’ group which is adversely affect a higher proportion of people of procedures for making and enforcing laws are organized on a local, national or international one racial, national or ethnic group. It can occur acceptable to the people. A legitimate system is level. Task-oriented and driven by people with a even when there is no intention to discriminate. legal, but more important, citizens believe in its common interest, NGOs perform a variety of ser- appropriateness and adhere to its rules. Legitimacy vice and humanitarian functions, bring citizens’ GLOSSARY 327

concerns to governments, advocate and monitor they are repeated. They become “common sense” Ratification: a procedure by which a state, some- policies and encourage political participation notions which are widely accepted, and are used times after having reached the agreement of the through provision of information. to justify acts of discrimination. parliament, declares to be legally bound by a treaty.

Non-Religious: naturalistic world views and Prisoner of War: captured combatant in an Reservation: a statement made by a state at the convictions in the realm of human thought international armed conflict. Only the combatants occasion of the ratification of a treaty excluding or associated with ultimate beliefs and principles of fulfilling certain conditions are entitled to this modifying the legal effects of certain provisions on conscience by which individuals live their lives. status (mainly members of the armed forces). the state.

Ombudsmen: Institution, usually a government Proportionality: principle according to which loss Rule of law: the rule of law reigns over official whose job is to examine and report on of civilian lives and damage to civilian objects government, protecting citizens against arbitrary complaints made by ordinary people about the must not be excessive in relation to the military state action, and over society generally, governing government or public authorities. advantage anticipated from an attack against a relations among private interests. It ensures that military objective. all citizens are treated equally and are subject to Poverty Reduction Strategy Papers: in 1999, the the law rather than to the whims of the powerful. World Bank (together with the IMF) introduced Race: the term ´race´ is an artificial construct used The rule of law is an essential precondition for the concept of Poverty Reduction Strategy Papers to classify people on the basis of supposed accountability and predictability in both the public (PRSP). These papers are meant to describe a physical and cultural similarities deriving from and private sectors. The establishment and country’s macroeconomic state, including their common descent. Modern science has shown persistence of the rule of law depend on clear structural and social policies. They are prepared by that the biological category of race is meaningless communication of the rules, indiscriminate governments, but offer new participation when applied to the human species. Biologically, application, effective enforcement, predictable and processes in order to involve a wide variety of civil the human species shares a common gene pool, legally enforceable methods for changing the society’s stakeholders. and there is much more genetic variation within content of laws and a citizenry that perceives the each so-called racial group than between them. set of rules as fair, just or legitimate, and that is Poverty: poverty is characterized by: lack of Sometimes this ideology is a basis of social action, willing to follow it. income/money and productive resources sufficient a foundation of government policy and often a to ensure a sustainable livelihood; lack of food, justification for distinctive treatment of one group Secular: of or marked by secularism; relating to hunger and malnutrition, ill health; increasing by another. earthly things as distinguished from things relating morbidity; limited or lack of access to education, to religion. Secularism is a belief that religion and homelessness and social discrimination and Racism: a set of mistaken assumptions, opinions, ecclesiastical affairs should not enter into the exclusion. and actions resulting from the belief that one functions of the state, esp., into public education. group is inherently superior to another. Racism Prejudice: a frame of mind which tends to pre- refers not only to social attitudes toward ethno- Sexual Violence: gender-based violent behaviour judge a person or a group in a negative light. This cultural minority groups, but also to social that is intended to hurt or kill somebody. negative judgments is usually made without structures that exclude such individuals and adequate evidence. These negative attitudes are groups. Racism may be present in organizational Slavery: it is identified by an element of owner- often not recognized as unsoundly-based and institutional structures and programs, as well ship or control over another’s life, coercion, the assumptions because of the frequency with which as in the attitudes and behavior of individuals. restriction of movement and by the fact that 328 GLOSSARY

someone is not free to leave or change employers. orientated towards cost reduction in the social Trade Union: an organisation of workers created Contemporary slavery is not always easy to sector and market liberalization, they have often to protect and advance the interests of its members identify or root out because much of it is accepted been criticized. by negotiating agreements with employers on pay within a culture. Debt bondage is practiced in and conditions of work. Unions may also provide many parts of the world. Structural Racism: inequalities rooted in the legal advice, financial assistance, sickness benefits system-wide operation of a society which exclude and education facilities. An independent trade Social and Economic Rights: rights that give substantial numbers of members of particular union is not under the domination or control of an people social and economic security, sometimes ethnic categories from significant participation in employer and is financially independent of the referred to as security-oriented or second- its major social institutions. employer. generation rights. Examples are the right to food, shelter, and health care. Suffragette: the term for British and US-American Trafficking in Human Beings: illegal trading in feminists fighting for the rights of women, people, especially women and children. Solitary Confinement: the separate confinement especially the right to vote. of a prisoner with only occasional or limited Trafficking in human beings: is the illicit and access by other people, to an environment which Sustainable Development: development that clandestine movement of people across national is stripped of all but the basic necessities for meets the needs of the present without and international borders, largely from developing maintaining life and which is generally restrictive compromising the ability of future generations to countries and some countries in transition, with of light, sound, diet, reading material, exercise and meet their own needs. the end goal of forcing women, girls and children occasionally of temperature. into sexually or economically oppressive and Torture Rehabilitation: the act of empowerment exploitative situations for the profit of recruiters, Special Rapporteur: an individual appointed by a of torture victims to regain capacity, confidence traffickers, crime syndicates, as well as other body on the universal or regional level like the UN and ability to resume as full a life as possible. illegal activities related to trafficking, such as Human Rights Commission to prepare regular Rehabilitation centres and programs adopt and forced domestic labor. reports on the situation of human rights in a implement a variety of different treatment particular country or on a particular issue of approaches, taking into account the specific Working Poor: poverty has other meanings human rights (“thematic rapporteur”). If physical and psychological needs of the individual besides a protruding stomach and sunken eyes. It appointed by the UN-Secretary General called torture victim and the cultural, social, and political can also mean the working poor—those who have “special representative”. A similar function can be environment in which they are operating. jobs yet still find themselves unable to make ends given to an “independent expert”. meet. Torture: any act by which severe pain or suffering, Special Representative – See Special Rapporteur. whether physical or mental, is intentionally Xenophobia: xenophobia is hatred and fear of inflicted on a person in the custody or under the foreigners. When these feelings are applied to a Structural Adjustment Programs: most IMF loans control of the accused; torture does not include visible minority the expression ‘racism’ is often are conditional, specifying a variety of require- pain or suffering arising only from, inherent in or used. It is probably better to see ‘racism’ as a ments a country has to meet in order to receive incidental to, lawful sanctions. special case of xenophobia than to use it too money. Since these requirements – the so-called loosely. structural adjustment programs – are heavily INDEX 329

INDEX Civil Society 7, 15, 16, 26, 34, 38, 72, 73, 90, 107, Discrimination, Prohibition of 84, 86, 234 110, 131, 151, 179, 181, 217, 256, 261, 266, 277, Due Process 38, 324 Advancement of Women 80, 124, 132, 138 278, 282, 288, 294, 300, 301, 305, 306, 310, 311, Duties 31 – 33, 120, 131, 165, 189, 195, 226, 237, African Charter on Human and Peoples’ Rights 314, 323 244, 253, 254, 317, 325 32, 33, 39, 40, 75, 144, 152, 168, 172, 177, 253, Colonialism 90, 94 Education and Learning of Human Rights 15, 26, 258, 266, 292 Commission on the Status of Women 138 46, 272, 289 African Commission on Human and Peoples’ Committee of Ministers (Council of Europe) 28, Education, Right to 7, 10, 15, 61, 173 – 179, 181, Rights 304 29, 53, 256 182, 188, 190, 253, 317 African Court on Human and Peoples’ Rights 24, Communication 33, 47, 50, 52, 57, 59, 92, 99, 112, Employment 8, 31, 63, 65, 66, 72, 86, 91, 107, 122, 33 115, 117, 136, 147, 149, 154, 169, 200, 204, 252, 130, 165, 181, 186, 194 – 198, 210, 231 – 237, African Union 32, 132, 304 253, 255, 256, 260, 262, 265, 266, 280, 281, 242, 243, 284, 290, 291, 317, 323, 324 American Convention on Human Rights 32, 144, 284, 302, 303, 304, 319, 324, 327 Enforced Prostitution/Pregnancy 133, 325 149, 152, 168, 253, 305 Complaint Mechanisms 149, 198, 206 Equal Remuneration 234, 236 American Declaration of the Rights and Duties of Conditionality 20, 40 Equality before the Law 144 Man 31, 32, 253 Convention against Torture 23, 35, 50, 56, 60, 292 Equality of Women 21 Anti-Personnel Landmines 221 Convention on the Elimination of all Forms of European Charter of Safeguarding Human Rights Apartheid 9, 18, 22, 84, 87, 94, 96, 100, 258, 279, Discrimination of Women (CEDAW) 20 – 22, in the City 36 292, 308, 323 90, 237 European Committee for the Prevention of Torture Apostasy 10, 164 Convention on the Elimination of all Forms of (CPT) 8, 60 Arab Charter on Human Rights 34 Racial Discrimination (CERD) 96, 100, 106, 186 European Convention for the Protection of Human Armed Conflict Preface, 7, 10, 11, 18, 35, 56, 128, Convention on the Rights of the Child (CRC) 10, Rights 168 150, 151, 175, 179, 183, 192, 197, 201, 202, 203, 23, 75, 188, 191, 196, 206 – 208, 292, 297 European Court on Human Rights 7, 28, 29, 44, 208, 209, 211 – 220, 222, 223 – 228, 291 Cotonou Agreement 8, 74 60, 172, 206, 255, 257, 291 Asian Values 11, 39, 275, 295 Council of Europe 7, 21, 23, 26 – 29, 39, 40, 53, European Framework Convention for the Cairo Declaration on Human Rights in Islam 19, 95, 99, 149, 178, 188, 190, 207, 259, 265, 284, Protection of National Minorities 28 168 291, 298, 301, 305, 309 European Initiative for Democracy and Human Charter of Fundamental Rights of the European Country Rapporteur 25 Rights 31 Union 27, 28, 30 Crimes against Humanity 35, 40, 133, 217, 324 European Social Charter 27, 28, 40, 75 Child Work 112, 204, 205, 233, 240, 248 Death Penalty 31, 32, 58, 59, 137, 142, 197, 208, European Union 7, 21, 27, 28, 30, 34, 39, 130, 228, Child, Definition 11 296 252, 261, 282, 305 Child, Human Rights of 10, 193, 194 Democracy Module 130, 141, 259 European Union Monitoring Centre on Racism and Children Summit 118, 200, 202, 203, 292 Derogation 45, 258, 324 Xenophobia 31 Citizen Rights 20, 290 Detention, Conditions of 51, 219 Exhaustion of Remedies 29, 52 Development Cooperation 132 Fact Finding 26, 33, 52, 291, 306 330 INDEX

Fair Trial 7, 9, 33, 35, 110, 120, 139 – 150, 152, Human Dignity 13, 14, 16, 18, 43, 45, 47, 63, 65, International Committee for the Red Cross (ICRC) 154, 156, 197, 272, 324 69, 74, 83 – 86, 100, 116, 160, 197, 211, 217, 210, 212, 214, 216 – 223, 225, 227, 228, 306, 324 Final Act of Helsinki 27 232, 233, 235, 236, 270, 297 International Covenant on Civil and Political Food Security 16, 18, 70, 74, 118 Human Dimension (OSCE) 29, 39, 305 Rights (ICCPR) 20 – 24, 26, 105, 142, 144, Freedom of Association 26, 30, 105, 234, 237, 241, Human Rights Cities 37, 38, 312 147 – 149, 152, 161, 172, 177, 178, 235, 253, 242, 291 Human Rights Clauses 30 254, 256, 258 – 260, 270, 324 Freedom of Opinion and Expression 87, 249, 251, Human Rights Defenders 25 International Covenant on Economic, Social and 253, 254, 258, 263, 316 Human Rights History and Philosophy 18 Cultural Rights (ICESCR) 20, 22 – 24, 105, 107, Freedom of the Media 11, 26, 28, 30, 250, 251, Human Rights of Women 21, 33, 39, 65, 84, 112, 114, 117, 177, 236, 237, 239, 253, 270, 324 253, 256, 257, 260 – 262, 287 118 – 127, 129 –138, 183, 198, 237, 272, 280, International Criminal Court (ICC) 35, 36, 128, Freedom of Thought, Conscience and Religion 14, 328 133, 151, 201, 217, 223, 292, 316 23, 110, 157, 161, 253, 273, 316 Human Rights, Concept and Nature 20 International Criminal Jurisdiction 35 Fundamental Rights 20, 27, 28, 30, 155, 165, 177, Human Rights, Standards 22, 150, 193, 294, 301 International Criminal Tribunal for Rwanda 237, 255, 315 Human Security 13, 16 – 18, 24, 26, 38, 40, 45, (ICTR) 36, 133, 138 Gender 9, 10, 15, 18, 21, 36, 63, 72, 74, 84, 85, 89, 46, 50, 58, 59, 62, 63, 69, 74, 84, 104, 122, 143, International Criminal Tribunal for the former 98, 102, 106, 109, 119, 121 – 123, 125, 126, 159, 165, 174, 175, 179, 193, 194, 203, 211, 221, Yugoslavia (ICTY) 35, 36, 133, 292 130 – 137, 168, 171, 172, 179, 180, 184, 185, 224, 231, 233, 251, 266, 270, 271, 273, 277, 279, International Labour Organization (ILO) 21, 38, 194, 195, 233, 245, 290, 299, 313, 324, 325, 327 289, 292, 311 204, 205, 232, 233 – 236, 239, 240, 242, 243, General Comments 24, 149 Human Security Network (HSN) 16, 194, 203, 248, 278, 290 – 292, 304, 326 Geneva Conventions 56, 209, 213, 216, 217, 220, 221, 270, 292, 311 International Monetary Fund (IMF) 38, 63, 72, 80, 223 Humanitarian Intervention 295 181, 282, 327, 328 Genocide 22, 23, 35, 36, 84, 128, 168, 217, 260, Humanitarian Law, International 11, 133, 209, 211, Investigation 45, 55, 63, 93, 146, 160, 167, 250, 266, 292, 293, 326 212, 214 – 217, 228 323 Girl Child 9, 125, 126, 129, 130, 137, 138, 201 Immunity 218 League of Nations 19, 290 Global Compact 8, 38, 241, 242 Implementation of Human Rights 22, 123, 131, Legal Aid 51 Globalization and Human Rights 17 141 Media, Freedom of 26, 28, 30, 249, 250 – 253, Good Governance 24, 63, 143, 261, 294, 305 Impunity 7, 35, 128 256 – 262, 287 Hatred, Advocacy of 11, 260 Indigenous People 15, 21, 36, 64, 109, 113, 121, Methodology of HRE 322 Health, Right to 7, 9, 101, 104 – 110, 112 – 117, 197 122, 234, 293, 296, 299, 304 Migration 65, 99, 100, 126, 200, 243, 248, 259 High Commissioner on National Minorities Individual Complaints 55, 125, 304 Millennium Development Goals 185 (OSCE) 28, 30 Inquiry Procedure 198 Minorities, Protection of 21, 34 Human Development 16 – 18, 64, 66, 70, 71, 74, Inter-American Commission on Human Rights Mobilization of Shame 26, 39, 239 77, 80, 113, 114, 118, 181, 185, 248, 261, 270, 120, 137, 291, 304 National Security 17, 145, 255 271, 288, 292, 295 Inter-American Court of Human Rights 292 Non-Derogable Rights 23 INDEX 331

Non-Governmental Organizations (NGOs) 25, 26, Rule of Law 17, 27, 34 38, 48, 57, 139, 141 – 145, UN Educational, Scientific and Cultural Organi- 33, 38, 40, 54, 193, 278, 282, 307, 309 148 – 151, 154, 156, 158, 170, 271, 272, 275, zation (UNESCO) 26, 40, 96, 100, 181, 182, Office of Democratic Institutions and Human 278, 305, 309, 315, 327 184, 186, 190, 248, 252, 258, 260, 266, 293, Rights (ODIHR) 28, 30, 60, 227, 305 Self-Determination 18, 28, 84, 195, 231, 272, 290, 294, 297, 299, 300, 303, 314 Office of the UN High Commissioner for Human 291, 295 UN General Assembly 22, 28, 108, 193, 207, 292, Rights (OHCHR) 60, 303 Sexual Health 126 307 Organization for Security and Cooperation in Sexual Orientation 31, 85, 93, 98, 106, 121, 299 UN Secretary General 38, 70, 89, 138, 190, 198, Europe (OSCE) 27 – 30, 39, 40, 60, 150, 168, Shadow Reports 26, 110, 131, 200 202, 208, 215, 241, 243, 328 256, 257, 259, 277, 280, 292, 305, 309 Slavery or Servitude 19, 23, 35, 36, 45, 90, 105, UN Security Council 35 Organization of African Unity (OAU) 32, 33, 228, 110, 127, 133, 163, 167, 212, 213, 233, UN Sub-Commission on Promotion and Protection 291 235 – 237, 248, 290, 291, 315, 327, 328 of Human Rights 25, 80 Organization of American States (OAS) 21, 32, Sovereignty 73, 276, 315 UN World Conference on Human Rights 9, 120, 123, 137, 138, 228, 291, 304 Special Procedures 26 19 – 21, 39, 118, 125, 129, 131, 141, 291, 307 Organization of the Islamic Conference (OIC) 228 Special Rapporteur/Representative 21, 25, 26, 32, UNICEF 80, 109, 130, 138, 180, 181, 184, 186, 190, Participation, Political 18, 130, 201, 279, 281, 327 33, 47, 50, 52, 60, 70, 92, 114, 127, 150, 152, 193, 200, 202, 204, 207, 208, 248, 298, 299, 301, Peace Building/Keeping 15, 17, 24 165, 172, 178, 184, 190, 203, 208, 256, 257, 304 Poverty, Freedom of 61 258, 328 United Nations 15, 16, 19, 20, 23 – 26, 38, 40, 46, Prevention of Human Rights Violations – Stability Pact for SEE 34 50, 52, 54, 60, 63, 70, 74, 80, 87, 96, 100, 104, Privacy, Right to 24, 253, 262, 263 State Complaints 24, 92, 256 114, 118, 124, 127, 132, 134, 138, 154, 156, 175, Propaganda of Racial Hatred State Reports 26, 33, 50, 69, 179, 200, 256 177, 190, 194, 198, 201, 204, 207, 215, 228, 233, Public Health 23, 104, 107, 110, 111, 113, 118, 255 Terrorism 23, 49, 57, 140, 168, 254, 266, 273, 292 240, 243, 248, 252, 266, 268, 278, 288, 291, Racism 26, 28, 31, 81 – 83, 85 – 96, 99, 100, 118, Torture, Prohibition of 19, 23, 43 – 47, 49, 50, 294, 295, 297, 299 – 304, 306, 307, 315, 317, 159, 217, 258, 266, 292, 298, 313, 326 – 328 54 – 57, 59, 105, 212, 213 323 Refugees, UN High Commissioner for 17 Trafficking in Human Beings 328 Universal Jurisdiction 7, 217 Regional Systems of Human Rights – Transnational Corporation 38 Universality of Human Rights 20 Religion, Freedoms of 14, 18, 23, 157 UN Commission on Human Rights 23 Universality Principle in International Penal Law Reporting Procedure 92 UN Committee on Racial Discrimination 92 35 Reservations 22 UN Committee against Torture (CAT) 50 Urgent Appeal 52 Responsibility, Individual 36 UN Committee on Child Rights 198 Vienna Declaration and Programme of Action 118, Right to Life 23, 58, 59, 116, 130, 165, 197, 212, UN Committee on Civil and Political Rights 23 138 213, 225, 295, 315 UN Declaration on Human Rights Defenders 25 Violence against Women 25, 113, 114, 120, 125, Right to Marry 316 UN Development Program (UNDP) 17, 18, 64, 66, 127, 128, 131, 134 74, 77, 80, 113, 114, 118, 185, 186, 190, 242, Vulnerable Groups 84, 122, 233, 293 248, 270, 288, 292, 295, 326 War Propaganda 11, 253, 260 332 INDEX

Women, World Conference on 114, 118, 125, 134, 186, 307 Women’s Rights 290, 291, 295, 308 Work, Module 126, 130, 183, 198, 282 Worker’s Rights 231 – 234, 237 World Bank 38, 63, 66, 68, 72, 77, 80, 181, 186, 190, 282, 288, 327 World Conference against Racism 96, 100, 118, 292 World Conference on Human Rights (Vienna) 129, 291 World Health Organization (WHO) 103, 107, 118 World Trade Organization (WTO) 288 NOTES 333 334 NOTES NOTES 335 336 NOTES Umschlag mit rücken 03/4/24 15:30 Uhr Seite 1

Child Rights UNDERSTANDING HUMAN RIGHTS MANUAL ON HUMAN RIGHTS EDUCATION

Human Rights Religious Freedoms Freedom Prohibition of Torture The Human Security Network is an inter- The Manual has been elaborated on the The European Training and Research of Women of Expression regional grouping of countries including initiative of the Austrian Minister for Foreign Centre for Human Rights and Democracy continued collaboration with academic Affairs, Ms. Benita Ferrero-Waldner, in her (ETC) has been established in Graz in the research institutions. Its policy vision is a capacity as Chair of the Human Security year 2000 as a competence centre for human human world where people can live in Network (HSN) in 2002/2003 by the rights education and learning as well as security and dignity, free from violent European Training and Research Centre for research with strong support from the city of threats, poverty and despair. Emerging from Human Rights and Democracy (ETC) in Graz, Graz, the first Human Rights City in Europe. Human Rights in the landmines campaign the Network was Austria, in collaboration with HSN Partners, Democracy Freedom from Poverty Fair Trial launched in 1999. over thirty institutions and experts. The ETC coordinates the participation of the Armed Conflict University of Graz in the European Master Members of the Human Security Network The Manual is intended as a concrete Programs in Human Rights and Demo- are: Austria, Canada, Chile, Greece, Ireland, contribution to strengthening human security cratisation in Venice and Sarajevo and is the Jordan, Mali, the Netherlands, Norway, through human rights education and European partner of the Peoples’ Movement Switzerland, Slovenia, Thailand and South learning. It reflects a culture-sensitive for Human Rights Education (PDHRE). The Africa as an observer. approach based on the universality of human ETC has helped creating a network of human rights. rights centres in South-Eastern Europe (HRC- Freedom of the Media Human Security Development Right to Education The Austrian Minister for Foreign Affairs, Ms. Net). Benita Ferrero-Waldner, in her capacity as The Manual addresses itself to human rights Chair of the Human Security Network has educators and learners worldwide and In its training and research activities it is made Human Rights Education and Children should serve for human rights trainers in supported by an international advisory Affected by Armed Conflict priority themes of formal as well as non-formal education. It board. A particular focus of its training and the Network in 2002/2003. contains a variety of pedagogical materials to research programs is the relationship be used in human rights education of either between human rights, human security and

This Manual, an innovative tool for Human youth or adults. It is designed in an open- human development, non-discrimination, HUMAN RIGHTS UNDERSTANDING Rights Education for global use in a culture- ended way to be completed by trainers and migration, democracy and human rights at Human Dignity Non-Discrimination Right to Health Social Rights sensitive manner, is available on the Internet: learners on the basis or their own the local level. http://www.bmaa.gv.at experiences. For more information see: http://www.etc-graz.at

Rule of Law Work ICCPR