PSC300Week7Tue

Human Rights & Global Affairs (PSC 300.302) : 

Human Rights & Global Affairs (PSC 300.302)

Today: 

Today Events/announcements Films: Dallaire and Nuremberg Burma/Myanmar Google Earth: Darfur (USHHM)

Prosecution, promotion, persuasion : 

Prosecution, promotion, persuasion

Slide4: 

Prosecution The International Criminal Court

Distinguishing ICC and ICJ: 

Distinguishing ICC and ICJ The International Court of Justice (ICJ) is a civil tribunal that decides disputes among states. The International Criminal Court (ICC) is a criminal court that prosecutes individuals. Like the ICJ, the ICC is permanent and not geographically limited. Both courts are headquartered in The Hague, Netherlands. Check out the ICC webpage and the ICJ webpage.

Map of The Hague (Netherlands): 

Map of The Hague (Netherlands)

The jurisdiction of the ICC: 

The jurisdiction of the ICC Crimes committed on the territory of a state which has ratified the Rome Statute. Crimes committed by a citizen of a state which has ratified the Rome Statute. Maximum sentence: life imprisonment. Finances: member states contributions.

How cases get to the ICC: 

How cases get to the ICC The following parties may refer a case to the ICC: 1. UN Security Council (example: Darfur) 2. State parties (example: Uganda, DRC, CAR) 3. Prosecutor (no example, so far) Key civil society actor: Coalition for the International Criminal Court

Current Cases: 

Current Cases 1. The Republic of Uganda, January 29, 2004 (referred by Ugandan govt.) 2. Democratic Republic of Congo, April 19, 2004 (referred by DRC govt.) 3. Central African Republic, January 6, 2005 (referred by CAR govt.) 4. Darfur, Sudan; March 31, 2005 (referred by UN Security Council) Chief Prosecutor Mr. Luis Moreno-Ocampo has pursued the following cases: June 23, 2004: Democratic Republic of Congo (Thomas Lubango, in custody for recruiting child soldiers) July 29, 2004: Republic of Uganda, Lord’s Resistance Army (Joseph Kony and associates, not in custody; suspended???) June 6, 2005: Darfur, Sudan

The rule of complementarity: 

The rule of complementarity The ICC only prosecutes if domestic courts are “unable or unwilling” to investigate a crime. The UN Security Council can suspend ICC proceedings for up to 12 months, if the SC is concerned that the court’s proceedings may interfere with the SC’s responsibility “to maintain international peace and security.”

Slide11: 

Promotion The United Nations and Human Rights

UN mandate and HR: 

UN mandate and HR June 26, 1945: 50 state representatives present in San Francisco sign the UN Charter. The Charter contains seven references to “human rights”: the Preamble, stating the rationales for creating the UN Art. 1 (3) defining the purposes and principles of the organization Art. 13 defining the mandate of the General Assembly Art. 55 defining the role of international cooperation Art. 62 defining the mandate of the Economic and Social Council Art. 68 directing ECOSOC to create a human rights commission Art. 76 defining the mandate of the trusteeship system.

Accomplishments and limits: 

Accomplishments and limits Human rights are now internationally recognized as universal norms.  The UN has a mandate to promote human rights. The UN can require the cooperation of member states in the promotion of human rights. Major limitations: HR are relegated to the less important area of “social and economic cooperation” (Chapter XI) The UN Charter reaffirms the primacy of “state sovereignty” No direct enforcement mechanisms are established

Two distinct tracks : 

Two distinct tracks The United Nations promote human rights standards on two distinct tracks, a judicial process (treaty-based) and the political process (charter-based) based on the human rights mandate contained in the charter

Evolution of UN efforts: 

Evolution of UN efforts Since 1945, the UN has expanded its activities in the area of human rights: 1945-1965: Standard-setting only 1966-1977: Standard-setting and some monitoring 1978-1992: Standard-setting, expanded monitoring 1993-today: Standard-setting, monitoring, and some enforcement

Charter-based Mechanisms (since 1946): 

Charter-based Mechanisms (since 1946) Human Rights Council, created in 1946 (as the Commission on Human Rights) to promote human rights. Other major charter-based bodies: Security Council and General Assembly; since 1993: High Commissioner for Human Rights (Donnelly, p. 135) Reach: All UN members (universal scope) Objectives: Promote and (sometimes) enforce human rights (evolving, flexible understanding of human rights) Independence/Members: No independence from states; State representatives/diplomats dominate Instruments: diplomacy, special raporteurs, sanctions, humanitarian intervention

Treaty-based Mechanisms (since 1966/76): 

Treaty-based Mechanisms (since 1966/76) Human Rights Committee, created to monitor the International Covenant for Civil and Political Rights (in force since 1976). Others: any committee supervising a UN human rights treaty. Reach: Treaties bind only the signatories (limited scope).  Objectives: Promote human rights through establishing standards and regular review of state reports (well defined, but inflexible). Independence: High. Members of supervisory bodies are human rights experts, not diplomats/state representatives. Main instruments: state reports and occasional complaints; missions of committee members

History of UN human rights mechanisms: 

History of UN human rights mechanisms What explains the evolution of human rights mechanisms? Why do we see a lot of rhetorical progress, but only inconsistent human rights improvements on the ground?

After World War II, 1945-1949: 

After World War II, 1945-1949 UN Human Rights Bodies and Instruments The Commission for Human Rights, 1946 The Commission on the Status of Women, 1947 The Universal Declaration of Human Rights, 1948 (non-binding, standard-setting) The Genocide Convention, 1948 (binding, no enforcement) The Commission on Human Rights decides in 1947 that it "had no power to take any action in regard to any complaints concerning human rights" (ECOSOC resolution 75 V).

1949-1965: Cold War: 

1949-1965: Cold War NO major positive developments; Cold War rivalry ends further progress in human rights area. Creation of two separate treaties for civil/political and economic/social rights. Each “side” of the Cold War got “their” human rights document (by 1966).

1966-1977: Decolonization and Detente: 

1966-1977: Decolonization and Detente Treaty-based activities (standard-setting only) 1965: Convention on the Elimination of all Forms of Racial Discrimination, CERD (in force: 1969) Committee on the Elimination of Racial Discrimination (supervisory body of CERD) 1966: International Covenant on Civil and Political Rights, ICCPR (in force: 1976) Human Rights Committee Optional Protocol to the International Covenant on Civil and Political Rights 1966: The International Covenant on Social, Economic and Cultural Rights, ICSECR (in force: 1976)  1973: Convention on the Suppression and the Punishment of the Crime of Apartheid (in force: 1976)

1966-1977: Decolonization and Detente: 

1966-1977: Decolonization and Detente Charter-based activities ECOSOC-Resolution 1235 (1967) ECOSOC-Resolution 1503, Procedure for dealing with communications relating to violations of human rights and fundamental freedoms (1970, confidential) Significance: ECOSOC empowers the Commission on Human Rights to investigate “gross violations of human rights.” While this mandate was initially limited to cases of "apartheid" and "colonial practices, “ it was slowly expanded to cover other human rights abuses (in public).

The revival of the HR agenda: 

The revival of the HR agenda Why suddenly this increasing human rights activity at the United Nations?

Answers: 

Answers

1970s: The Rise and Power of NGOs: 

1970s: The Rise and Power of NGOs 1972: Amnesty International begins a global campaign against “torture” leading up to the 1984 UN Anti-Torture Convention 1974/5: United States State Department begins to publish annual human rights reports on most countries in the world 1975: Helsinki Accords (include human rights language) 1977: Amnesty International receives the Nobel Peace Prize 1978: UN begins to publish lists of countries under human rights investigation 1979: UN Human Rights Commission appoints the first working group to investigate human rights violations (on “disappearances” in Latin America, pressed by NGOs)

Why?: 

Why? Why do NGOs appear so forcefully on the scene? Technology: Communication technology enables inter-societal communications Advocacy/shaming strategies: Development of media strategies beyond lobbying NGOs learn to exploit moral double standards of states International mobilization opportunities: Decolonization and Cold War provide opportunities to highlight human rights Domestic mobilization opportunities (in the United States): Vietnam War and Watergate

1978-1992: Treaty-based track: 

1978-1992: Treaty-based track 1979: Convention on the Elimination of all Forms of Discrimination against Women, CEDAW (in force: 1981) 1984: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, CAT (in force: 1987) Committee against Torture, based on Art. 22 of the convention)  1987: Committee on Economic, Social and Cultural Rights (supervisory-body of ICESCR) 1989: Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty 1989: Convention on the Rights of the Child (in force: 1990) Committee on the Rights of the Child 1990: Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

1993-Today: Treaty-based track: 

1993-Today: Treaty-based track 1999: Optional Protocol to the Convention on the Elimination of Discrimination against Women (in force: 2000) 2000: Committee on the Elimination of Discrimination against Women (supervisory body of CEDAW) 2000: Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts 2000: Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

1993-Today: Charter-based track: 

1993-Today: Charter-based track 1993: Creation of the High Commissioner for Human Rights 1993: UN SC Resolution 808 establishing ICTY. 1994: UN SC Resolution 955 establishing ICTR. 2000: UN SC Resolution 1325 to study the impact of armed conflict on women/girls.

Human Rights Council: old wine in new bottles? : 

Human Rights Council: old wine in new bottles? Human Rights Commission, 1946-2006 Reports to ECOSOC 53 members One session per year Election of members based on geographic representation Permanent membership possible Human Rights Council, 2006- Reports to GA 47 members Three sessions per year Election of members based on geographic representation and HR record Two consecutive terms only (three years)

HR treaties: 

HR treaties Increasing rate of acceptance of UN Human Rights Treaties 1975: only 33 states had ratified the ICCPR (equaling 23 per cent of the UN membership of 144 at that time). 2006: 156 states have ratified the ICCPR (2004: 152; 2001: 147); equaling 81 per cent of 192 member states. Children’s Convention, 2006: 192 (2001: 191) CEDAW, 2006: 183 states (2001: 168) CERD, 2006: 170 states (2001: 157) CESCR: 153 states CAT, 2006: 141 states (2001: 125)

Bottom line?: 

Bottom line? Growth in standard-setting and monitoring; but UN remains ineffective in enforcing human rights. Growth in institutions and mandates not matched by growth in enforcement power and funding. Growth in mechanisms to punish past violations; lack of progress in areas of prevention/victims’ assistance. Donnelly, 138: “a regime with extensive, coherent, and widely accepted norms but extremely limited international decision-making powers – that is, a strong promotional regime”

Slide33: 

Persuasion Transnational Advocacy Networks Non-governmental organizations (NGOs)

What are non-state actors (NSAs)?: 

What are non-state actors (NSAs)? Different from states: NSA are not territorially organized and do not have ‘sovereignty.’ Different from IGOs: NSA are not created and controlled by states.

Three types: 

Three types Multinational corporations (for profit) Terrorist/drug networks (violent) Non-governmental organizations (not-for-profit, non-violent) Transnational advocacy networks

Global NGO Growth(based on: Yearbook of International Organizations, Vol. 1, 1997/98): 

Global NGO Growth (based on: Yearbook of International Organizations, Vol. 1, 1997/98)

NGOs at the United Nations: 

NGOs at the United Nations

Service and advocacy: 

Service and advocacy

Keck/Sikkink: Transnational power: 

Keck/Sikkink: Transnational power Basic claims Graph of NGO growth at the UN (P. Willetts) Transnational advocacy networks (TNAs) can be effective players in global affairs, although they lack military and financial power. NGOs play a central role in the creation and maintenance of those networks (p. 6). Campaigns are a central means for social change. In campaigns, “activists identify a problem, specify a cause, and propose a solution.” Transnational campaigns link domestic and international activists in the promotion of a common cause.

Defining Transnational Advocacy Networks: 

Defining Transnational Advocacy Networks Transnational Advocacy Networks are non-hierarchical forms of social interaction, different from markets and hierarchies. They promote universal principles. Who participates? NGOs, foundations, churches, trade unions, etc. What happens inside those networks? Exchange of information and resources Provision of services (training, etc.) Development of campaigns and shared understandings

Boomerang pattern: 

Boomerang pattern Domestic activists (local) Repressive state (national) Blockage Transnational NGOs United Nations (international) Liberal states Appeal for support

Exercising moral authority: 

Exercising moral authority

Examples of success: 

Examples of success Keck/Sikkink (p. 25) Issue creation and agenda setting Influence on discursive positions of states Influence on institutional procedures Influence on policy formulation Influence on state behavior Success depends on Issue characteristics (bodily harm and equality, p. 26) Actor characteristics (sender and targets, p. 28)

NGOs – beyond principles? : 

NGOs – beyond principles? The conservative backlash against NGOs: NGOwatch.org Who elected them? How accountable are NGOs (and to whom)?