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Human Rights Cities: “Walking the Walk” Or “Talking the Talk”? Analysing the Responsibility of Human Rights Cities for Their Human Rights Commitment

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Human Rights Cities: “Walking the Walk” Or “Talking the Talk”? Analysing the Responsibility of Human Rights Cities for Their Human Rights Commitment UNIVERSITY OF GRAZ European Master’s Programme in Human Rights and Democratisation A.Y. 2019/2020 Human Rights Cities: “Walking the Walk” or “Talking the Talk”? Analysing the Responsibility of Human Rights Cities for Their Human Rights Commitment Author: Jasmien Deklerck Supervisors: Gerd Oberleitner Gregor Fischer Abstract In the context of widespread urbanisation and glocalization the importance and the potential of the local level in implementing Human Rights Law are being increasingly acknowledged, both at the international, regional and local levels, with the Human Rights City as one of its upshots. Holding the local level, and more specifically the Human Rights City, responsible for its human rights commitment has, however, been largely ignored. No standardised way to verify whether Human Rights Cities are “walking the walk” instead of “talking the talk” is available. Consequently, this study focuses on the ramifications and the operationalising of the responsibility for the human rights commitment of so-called Human Rights Cities. First, the general ways by which urban actors translate human rights norms into specific courses of action are analysed; following that, the concept of a “Human Rights City”, its objectives and general practices are scrutinised. This analysis leads to the conclusion that the current operation of Human Rights Cities sometimes bears witness to the practice of ‘rhetoric without accountability’ and that some practices are more lenient towards and suitable for incorporating the enforceable side of human rights. Subsequently, it is questioned whether the international and regional levels provide some mechanisms to hold a Human Rights City responsible for not living up to its human rights commitment. The still too much state-centred focus of Human Rights Law, and the non-binding nature (entailing the need of support of the local level itself) and lack of focus on enforcement mechanisms of the documents specifically targeting the local level and urban actors, however, led to a negative answer. Therefore, after assessing some already established good practices in existing Human Rights Cities, the term “responsibility mechanisms” covering both monitoring and enforcement mechanisms is coined and some suggestions of such mechanisms are provided. Additionally, a list of principles that should be taken into account at all times when developing responsibility mechanisms is drafted. This study can be the first step on which further analysis regarding the responsibility of Human Rights Cities for their human rights commitment can build. Particularly, on the one hand, the identified principles that should be taken into account at all times, and, on the other hand, the specific suggestions regarding responsibility mechanisms can prove to be a useful starting point for more research by academia or the Human Rights Cities already eagerly willing to “walk the walk”. ii Acknowledgements First, I would like to thank my supervisors, Professor Gerd Oberleitner and Gregor Fischer. Their detailed comments and cheerful emails proved to be an indispensable driving force behind this study. In addition, I would very much like to thank my family and friends for their unconditional support. Thank you for both listening to my worries and patting me on the shoulder whenever I needed it. More specifically, I would like to thank my parents. My father for being the rock and comfort time and time again. I will never forget that ‘writing a thesis is a marathon and not a sprint’. And that indeed, ‘Rome was not built in one day’. My mother I want to thank for her inexhaustible input and critical thinking. Sometimes she knew the topic better than I did without even having read one single source. Lastly, I want to express my gratitude to Giovanni Martino, who witnessed the whole process of thesis writing first hand and always found the strength to calm me down, although he had to write a thesis himself. Thank you! Jasmien DEKLERCK Oostende, 2020 iii Table of Abbreviations AR Argentina AT Austria Bandung Charter Bandung Charter of a Human Rights City CA Canada CoE Council of Europe CoR European Committee of the Region ECCAR European Coalition of Cities against Racism EHRIA Equality and Human Rights Impact Assessment ES Spain ETC European Training and Research Centre for Human Rights and Democracy EU European Union European Charter European Charter for the Safeguarding of Human Rights in the City FRA Fundamental Rights Agency of the European Union Global Charter-Agenda Global Charter-Agenda for Human Rights in the City Het College Het College voor de Rechten van de Mens HRAC Human Rights Advisory Council iv ICCAR International Coalition of Inclusive and Sustainable Cities ID Indonesia ILC International Law Commission Mexico City Charter Mexico City Charter for the Right to the City Montréal Charter Montréal Charter of Rights and Responsibilities MX Mexico NL The Netherlands NHRI National Human Rights Institutions OHCHR The Office of the High Commissioner for Human Rights PDHRE People’s Movement for Human Rights Learning SALAR The Swedish Association of Local Authorities and Regions SCT Scotland SDG Sustainable Development Goal SE Sweden South KR South Korea The Congress The Congress of Local and Regional Authorities of the Council of Europe v TBL Triple Bottom Line UCLG United Cities and Local Governments UK United Kingdom UN United Nations UNESCO United Nations Educational, Scientific and Cultural Organization UNGA United Nations General Assembly UN-Habitat United Nations Human Settlements Programme UNHRC United Nations Human Rights Council UNI-ETC European Training and Research Centre for Human Rights and Democracy at the University of Graz USA The United States of America WHRCF World Human Rights Cities Forum YHRCN York Human Rights City Network vi TABLE OF CONTENTS Abstract ..................................................................................................................................................... ii Acknowledgements .................................................................................................................................. iii Table of Abbreviations .............................................................................................................................iv TABLE OF CONTENTS ........................................................................................................................ vii INTRODUCTION ..................................................................................................................................... 1 1. Background ......................................................................................................................................... 1 2. Objectives and Scope of the Study ..................................................................................................... 2 3. Methodology ....................................................................................................................................... 4 Chapter I. Different Understandings of Human Rights ............................................................................. 6 2. Human Rights as Law .................................................................................................................... 7 3. Human Rights as Moral Values ..................................................................................................... 7 4. Human Rights as Good Governance .............................................................................................. 8 5. Interim Conclusion......................................................................................................................... 9 Chapter II. Human Rights Cities: Mapping the Field .............................................................................. 10 1. Defining the Concept of “Human Rights City” ........................................................................... 10 2. The Objective(s) of Human Rights Cities .................................................................................... 12 3. General Practices of Human Rights Cities................................................................................... 13 3.1 The Organisational Setting ......................................................................................................... 14 3.2 Driving Forces: Government-driven or Civil-society-driven ..................................................... 14 3.3 Approach: Rights-based Approach or Advocacy-based/Events-based Approach ..................... 16 3.4 Instruments ................................................................................................................................. 16 3.4.1 Institutional Implementation ............................................................................................... 17 3.4.2 Legal Framework ................................................................................................................ 20 3.4.3 Moral Framework ............................................................................................................... 21 3.4.4 Good Governance ............................................................................................................... 22 4. Interim Conclusion....................................................................................................................... 23 Chapter III. Listing and Analysing Available Mechanisms at the International and Regional Levels to Hold the Local Level Responsible
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