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Human Rights, Democracy and Rule of Law

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Human Rights, Democracy and Rule of Law Human rights, democracy and rule of law: Different organisations, different conceptions? Katharina Häusler, Péter Kállai, Zsolt Kortvelyesi, Balázs Majtényi, Lorena Sosa, Alexandra Timmer, Magnus Killander, Nora Ho Tu Nam, Adebayo Okeowo, Jeremy Gunn, Alvaro Lagresa 10.7404/FRAME.REPS.10 April 20163.4 Fostering Human Rights among European Policies Large-Scale FP7 Collaborative Project GA No. 320000 1 May 2013-30 April 2017 Human rights, democracy and rule of law: Different organisations, different conceptions? Work Package No. 3 – Deliverable No. 4 Due date 1 April 2016 Submission date 10 April 2016 Dissemination PU level Lead Beneficiary Utrecht University Authors Katharina Häusler, Péter Kállai, Zsolt Kortvelyesi , Balázs Majtényi, Lorena Sosa, Alexandra Timmer (UN), Magnus Killander, Nora Ho Tu Nam, Adebayo Okeowo (AU), Jeremy Gunn, Alvaro Lagresa (LAS/OIC). http://www.fp7-frame.eu 10.7404/FRAME.REPS.3.4 FRAME Deliverable No. 3.4 Executive Summary This report presents an exploration of different conceptualisations of human rights, democracy and the rule of law within international organisations. The report focuses on the United Nations, the African Union, the League of Arab States and the Organisation of Islamic Cooperation. The eventual aim of Work Package 3, of which this report forms part, is to provide the EU with conceptualizations of human rights, democracy and the rule of law that take into consideration the diverse conceptions found in third countries and in other international organisations. The organisations’ original purpose, moment of creation, and structure inevitably influence the development of their human rights, democracy and rule of law conceptions, and their practical engagement with these concepts. For this reason, the attention devoted by each organisation, and also, by specific bodies within them, to one or other conceptual element varies significantly. The report starts with a detailed description of the methodology used (Chapter II). It clarifies the terminology used, and the methods of data collection and analysis. It also introduces the reader to a basic theoretical discussion of the main aspects pertaining to the conceptualisation of human rights: universality and indivisibility of human rights, and equality. Chapter III is dedicated to the comparative analysis of the conceptions of human rights, democracy and rule of law at the level of the United Nations. Although there are several bodies within the UN dedicated to the elaboration, promotion and protection of human rights, democracy and rule of law, this report focuses on the resolutions adopted by the General Assembly and its third committee, the work of the Security Council, with particular focus on thematic resolutions on the protection of civilian population. The conceptions of human rights, democracy and the rule of law adopted at the Human Rights Council, are also explored, with particular attention to the Universal Periodic Review (UPR). Finally, the work of Special Rapporteurs is explored as well. The combination of mechanisms, a political one (UPR) and an expert-based one (Special Rapporteurs) has allowed for a more comprehensive review of the conceptions held at the UN. Chapter IV explores conceptualisations of human rights, democracy and rule of law within human rights dedicated bodies of the African Union. This chapter largely focuses on conceptualisations emerging from the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections and Governance. The contestations surrounding conceptualisations are effectively illustrated in relation to two cases studies: one focusing on accountability for mass atrocities, and one focusing on LGBT(I) rights. Both case studies indicate that the notions of universality of human rights, although formally recognised by the AU, in reality are deeply contested. The case on LGBT(I) rights shows the challenges to the notion of equality, and also, to the notion of indivisibility of human rights. In addition, different conceptualisations exist among the institutions of the organisation. The African Commission often takes a more progressive, universalist approach to issues than what is reflected in statements adopted by the AU political bodies. ii FRAME Deliverable No. 3.4 Chapter V explores conceptualisations of human rights, democracy and rule of law within the Organisation of Islamic Cooperation and the League of Arab States. Both these organisations are first placed in their historical and institutional context. Their similarities are also discussed, namely that they have overlapping memberships; most of their Member States share a legacy of having been under colonial rule; by their own definitions these organisations are ‘identity’ based intergovernmental organisations rather than universal, regional, or ‘interest-based’ organisations; and they have experienced conflicts between two or more of their Member States. In terms of conceptions, the chapter shows that the League of Arab States has recently embraced a more universalist approach to human rights. As regards the Organisation of Islamic Cooperation, the chapter discusses how the focus on Islam has consequences in terms of conceptualisation of human rights, particularly in relation to fundamental freedoms, equality and the protection of minorities. The report concludes with a summary of the main findings per institution and some reflections on the conceptual analysis. iii FRAME Deliverable No. 3.4 List of abbreviations AChHPR African Charter of Human and Peoples Rights ACPR African Commission of Human Rights AFSD Arab Fund for Social Development ALESCO Arab Educational, Cultural and Scientific Organisation ALO Arab Labour Organisation APCHR Permanent Arab Committee on Human Rights AU African Union AWO Arab Women Organisation CDHRI Cairo Declaration of Human Rights in Islam CEDAW Convention on the Elimination of all Forms of Discrimination Against Women CFM Council of Foreign Ministers CHR UN Commission on Human Rights CMW Committee on the Protection of the Rights of All Migrant Workers and Members of their Families CoE Council of Europe CPI Corruption Perceptions Index CRC UN Convention on the Rights of the Child CRCI Covenant on the Rights of the Child in Islam ECOSOC UN Economic and Social Council ECtHR European Court of Human Rights FIDH International Federation of Human Rights G7 Group of 7 GONGOs Government Organised Non-Governmental Organisation HRC UN Human Rights Council IBU Islamic Broadcasting Union ICC International Criminal Court ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICIC Islamic Committee of the International Crescent ICRMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families IDB Islamic Development Bank IE Independent Expert IE-EPHR Independent Expert on the Question of Extreme Poverty and Human Rights IGO International Governmental Organisation IICJ International Islamic Court of Justice IINA International Islamic News Agency IPHRC Independent Permanent Human Rights Commission ISESCO Islamic Educational, Scientific and Cultural Organisation ISF Islamic Solidarity Fund LAS League of Arab States LGBT(I) Lesbian, Gay, Bisexual, Transgender and Intersex LMIC Lower-Middle-Income economies NGO Non-Governmental Organisation iv FRAME Deliverable No. 3.4 OAS Organization of American States OAU Organization of African Unity OECD Organisation for Economic Cooperation and Development OHCHR Office of the High Commissioner on Human Rights OHRHR Office of the UN High Representative for Human Rights OIC Organisation of Islamic Cooperation PLO Palestinian Liberation Organisation SOCHUM Social, Cultural, and Humanitarian Committee SOGI Sexual Orientation and Gender Identity SR Special Representative SR-EPHR Special Rapporteur on Extreme Poverty and Human Rights SR-FOE Special Rapporteur on the Promotion and Protection of the Right to the Freedom of Opinion and Expression SR-IJL Special Rapporteur on the Independence of Judges and Lawyers STIO Science, Technology and Innovation Organisation TI Transparency International TYPOA Ten-Year Programme of Action UDHR Universal Declaration of Human Rights UMIC Upper-Middle-Income economies UN United Nations UNDP United Nations Development Programme UNGA UN General Assembly UNHCHR UN High Commissioner for Human Rights UNSC UN Security Council UPR Universal Periodic Review VDPA Vienna Declaration and Programme of Action v FRAME Deliverable No. 3.4 Table of Contents Executive Summary ....................................................................................................................................... ii List of abbreviations ..................................................................................................................................... iv Tables and Figures ....................................................................................................................................... ix I. Introduction ............................................................................................................................................ 1 A. Aim and scope of this study .............................................................................................................. 1 II. Methodology ......................................................................................................................................... 3 1. Terminology ..................................................................................................................................
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