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Genugten B.00Prelims 17/7/07 10:47 Page I genugten b.00prelims 17/7/07 10:47 Page i The Poverty of Rights Human Rights and the Eradication of Poverty genugten b.00prelims 17/7/07 10:47 Page ii About CROP CROP is a response from the academic community to the problem of poverty. The programme was initiated in 1992, and the CROP Secretariat was officially opened in June 1993 by the director-general of UNESCO, Dr Federico Mayor. In recent years poverty alleviation, reduction or even eradication has moved up the international agenda, and the CROP network is providing research-based information to policy-makers and others responsible for poverty reduction. Researchers from more than 100 countries have joined the CROP network, with more than 40 per cent coming from so-called developing countries and countries in transition. The major aim of CROP is to produce sound and reliable knowledge which can serve as a basis for poverty reduction. This is done by bringing together researchers for workshops, coordinating research projects and publications, and offering educational courses for the international community of policy-makers. Crop Publications Poverty, Research Projects, Institutes, Persons, ed. Tinka Ewold-Leicher and Arnaud F. Marks, Tilburg, Bergen and Amsterdam, 1995, 248 pp. Urban Poverty: Characteristics, Causes and Consequences, ed. David Satterthwaite, special issue of Environment and Urbanization, Vol. 7, No. 1, April 1995, 284 pp. Urban Poverty: From Understanding to Action, ed. David Satterthwaite, special issue of Environment and Urbanization, Vol. 7, No. 3, October 1995, 284 pp. Women and Poverty – The Feminization of Poverty, ed. Ingrid Eide, The Norwegian National Commission for UNESCO and CROP, Oslo and Bergen, 1995 (in Norwegian), 56 pp. Poverty: A Global Review. Handbook on International Poverty Research, ed. Else Øyen, S. M. Miller and Syed Abdus Samad, Scandinavian University Press and UNESCO, Oslo and Paris, 1996, 620 pp. Law, Power and Poverty, ed. Asbjørn Kjønstad and John H. Veit-Wilson, CROP Publications, Bergen, 1997, 148 pp. Poverty and Participation in Civil Society, ed. Yogesh Atal and Else Øyen, UNESCO and Abhinav Publications, Paris and New Delhi, 1997, 152 pp. Poverty and Social Exclusion in the Mediterranean Area, ed. Karima Korayem and Maria Petmesidou, CROP Publications, Bergen, 1998, 286 pp. Poverty and the Environment, ed. Arild Angelson and Matti Vainio, CROP Publications, Bergen, 1998, 180 pp. The International Glossary on Poverty, ed. David Gordon and Paul Spicker, CROP International Studies in Poverty Research, Zed Books, London, 1999, 162 pp. Poverty Reduction: What Role for the State in Today’s Globalized Economy?, ed. Francis Wilson, Nazneen Kanji and Einar Braathen, CROP International Studies in Poverty Research, Zed Books, London, 2001, 372 pp. Poverty and the Law, ed. Asbjørn Kjønstad and Peter Robson, Hart Publishing, Cambridge, 2001 For more information you may contact the CROP secretariat: CROP Secretariat, Fosswinckelsgate 7, N-5007 Bergen, Norway tel: +47 55 58 97 39 fax: +47 55 58 97 45 email: [email protected] CROP on the internet: http://www.crop.org genugten b.00prelims 17/7/07 10:47 Page iii The Poverty of Rights Human Rights and the Eradication of Poverty Edited by WILLEM VAN GENUGTEN CAMILO PEREZ-BUSTILLO ZED BOOKS London and New York genugten b.00prelims 17/7/07 10:47 Page iv The Poverty of Rights: Human Rights and the Eradication of Poverty was first published in 2001 by Zed Books Ltd., 7 Cynthia Street, London N1 9JF, UK and Room 400, 175 Fifth Avenue, New York, NY 10010, USA Distributed in the USA exclusively by Palgrave, a division of St Martin’s Press, LLC, 175 Fifth Avenue, New York, NY 10010, USA. CROP International Series on Poverty Copyright © CROP, 2001 Cover design by Andrew Corbett 1 Designed and set in 10 /2/12 pt Bembo by Long House, Cumbria, UK Printed and bound in the United Kingdom by Biddles Ltd, Guildford and King’s Lynn The rights of the authors of this work have been asserted by them in accordance with the Copyright, Designs and Patents Act, 1988 All rights reserved A catalogue record for this book is available from the British Library ISBN Hb 1 85649 977 4 Pb 1 85649 978 2 Library of Congress Cataloging-in-Publication Data The poverty of rights : human rights and the eradication of poverty / edited by Willem van Genugten and Camilo Perez-Bustillo p. cm. Includes bibliographical references and index. ISBN 1-85649-977-4 -- ISBN 1-85649-978-2 1. Distributive justice. 2. Human rights. 3. Poverty. 4. Social justice. 5. Political participation. I. Genugten, Willem J. M. van. II. Perez-Bustillo, Camilo, 1955– HB523.P68 2001 323.3’2942--dc21 00-043902 genugten b.00prelims 17/7/07 10:47 Page v Contents About the Contributors viii Preface CAMILO PEREZ-BUSTILLO xi PART I Citizenship, Democracy and Participation 1 Contemporary Challenges and New Paradigms Expansion of Citizenship and Democratic Construction 3 1 EDUARDO S. BUSTELO Human Rights: A New Paradigm 29 2 PATRICIA HELENA MASSA ARZABE Natural History and Social History: 3 Limits and Urgent Priorities which Condition the Exercise of Human Rights 40 JUAN ANTONIO BLANCO PART II The Vicious Circles of Poverty 49 Poverty and Human Rights in the Light 4 of the Philosophy and Contributions of Father Joseph Wresinski 51 MARCO AURELIO UGARTE OCHOA The Promotion of Economic, Social and Cultural Rights 5 as a Formula to Face Poverty: The Case of Panama 62 MARIBEL GORDON C. v genugten b.00prelims 17/7/07 10:47 Page vi PART III Indigenous Struggles Against Poverty 69 Indigenous Peoples and Mega-Projects: Hydroelectric Dams 6 in the Land of Pehuenches in the Highlands of the Bío Bío River, Chile, Utopia of Development and Human Rights 71 CLAUDIO GONZALEZ´ - PARRA Human Rights, Poverty and Indigenous Peoples’ Struggles 7 in the Americas: New Directions and Case Studies from Colombia, Guatemala, Mexico and Nicaragua 87 CAMILO PEREZ- BUSTILLO Indigenous Poverty and Social Mobilization 115 8 LUIZ HERNANDEZ NAVARRO PART IV Solutions from a Human Rights Perspective 127 Poverty and Social Justice in Latin America: 9 Economic and Social Rights and the Material Conditions Necessary to Render them Effective 129 HÉCTOR GROS ESPIELL The Right to Development as a Programming Tool 10 for Development Cooperation 141 PATRICK VAN WEERELT The Human Rights Challenge to Global Poverty 159 11 CHRIS JOCHNICK Conclusion 12 Human Rights as a Source of Inspiration and an Instrument for the Eradication of Extreme Poverty: the Need for an Integrated Economic, Political and Legal Approach 184 WILLEM VAN GENUGTEN AND CAMILO PEREZ-BUSTILLO Index 205 genugten b.00prelims 17/7/07 10:47 Page vii About the Contributors Patricia Helena Massa Arzabe is Master of Law, University of São Paulo, and Public Defender in the State of São Paulo, Brazil. She is presently working on the issues of inequality and alternatives for social inclusion. In 1994, she taught constitutional law at undergraduate level at the Universidade de Mogi das Cruzes; in 1995, she taught economic law in graduate level at the Universidade São Francisco. Juan Antonio Blanco is Professor of Philosophy at the University of Havana, Cuba, where he also became a PhD in History. He serves as a member of the Tribunal of the National Board of Sciences, Cuba, to evaluate doctorates in History. Blanco has lectured at several universities and institutions, including Yale, Berkeley, La Paz and Havana, and serves as diplomat for the United Nations. At the moment, he is working at the Human Rights Internet in Canada (http://www.hri.ca). Blanco has written numerous articles and essays for journals in North America, Latin America and Europe. His most recent book is Reflections on the Third Millennium (1997). Eduardo S. Bustelo holds a degree in Political and Social Sciences from the National University of Mendoza, Argentina, where he was awarded the prestigious gold medal. He is a Magister in Political Science and Public Administration at the Latin American Faculty of Social Sciences (FLACSO) and Master of Economics and Political Science from the London School of Economics. He has been a visiting professor at universities in Argentina and abroad, and lectured on the method- ology of social indicators, evaluation of projects and policy, and social planning. From 1978 onwards he has been acting as a consultant for several United Nations agencies. From 1989 to 1993 he was Director of UNICEF in Argentina. Bustelo has written numerous articles for vii genugten b.00prelims 17/7/07 10:47 Page viii viii THE POVERTY OF RIGHTS scientific and academic magazines and has co-authored several books, including the recent Todos Entran, una Propuesta para Sociedades Incluyentes. He is currently Director of the Master’s programme in Social Policy at the University of Buenos Aires. Willem van Genugten is Professor of International Law at Tilburg University and Professor of Human Rights at Nijmegen University. He is also Chair of the Board of the Dutch Research School of Human Rights, which is a joint initiative of the universities of Maastricht, Utrecht, Rotterdam and Tilburg. He is also a member of the Advisory Council on International Affairs of the Dutch government. He has published a series of books and articles, mainly in the field of human rights. Claudio González-Parra is an Associate Professor of Rural Sociology at the University of Concepción in Chile. His research and teaching over the past 20 years has concentrated on human rights, especially cultural rights. Since 1994, he has conducted research with the Pehuenches in the highlands of the Bío Bío river as well as with other Mapuche groups in Chile. He has served as a consultant to the National Corporation of Indigenous Development (CONADI) as well as to national and international NGOs and the World Bank.
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