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Page 1: Human Rights & Humanitarian Intervention Source:

Human Rights & Human Rights & Humanitarian Humanitarian InterventionIntervention

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This weekThis week

1.1. HHuman rightsuman rights

2.2. Enforcing human rightsEnforcing human rights

2.2. Humanitarian interventionHumanitarian intervention

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International International human human rightsrightshttp://www.hrweb.org/legal/undocs.html

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The what & why The what & why of international human rightsof international human rights

What are international human rights? What are international human rights? ◦ rights owed to all humansrights owed to all humans◦basic guaranteesbasic guarantees◦ supposedly uncontroversialsupposedly uncontroversial

Why international human rights?Why international human rights?◦origins of “rights”origins of “rights”◦a defining eventa defining event◦ the unreliability of statesthe unreliability of states

Rights “that help protect Rights “that help protect all people everywhere all people everywhere from severe political, from severe political, legal, and social abuses”, legal, and social abuses”, Stanford Dictionary of Philosophy

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Universal Declaration Universal Declaration of Human Rights (UDHR) of Human Rights (UDHR) (1948)(1948)

A UN A UN General General Assembly Assembly resolution resolution

A statement of principles A statement of principles (see Appendix 1)(see Appendix 1)

Based on two Based on two famous famous documentsdocuments◦French French

Declaration of the Rights of Man and the Citizen (1789, 1793) (1789, 1793)

◦US US Bill of Rights (1791) (1791)

Click for Click for full text

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Two international treatiesTwo international treatiesbased on the UDHRbased on the UDHR

International Covenant on Civil and Political Rights

◦ Signed in 1966

◦ Promoted by democratic & capitalist states

◦ Main goal: restrain government powers

◦ Emphasizes individual rights

◦ Summary here; full text here

Signed but not ratified

International Covenant on Eco-nomic, Social and Cultural Rights

◦ Signed in 1966

◦ Promoted by communist & developing states

◦ Main goal: promote economic equality & social cohesion

◦ Emphasizes collective rights

◦ Summary here; full text here

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The need to be precise: The need to be precise: More human rights treatiesMore human rights treaties Solving the problem of interpretationSolving the problem of interpretation

Clarifying the covenants’ provisionsClarifying the covenants’ provisions

◦ Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (CEDAW)

◦ UN Convention against Torture

◦ Convention on the Prevention and Punishment of the Crime of Genocide

◦ Convention of the Rights of the Child

◦ Slavery Convention

◦ Convention on Transnational Organized Crime (covers human (covers human trafficking)trafficking)

The problem of coherenceThe problem of coherence

… … and the Optional Protocol on the Involvement of Children in Armed Conflictand the Optional Protocol on the Involvement of Children in Armed Conflict

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A contentious debate:A contentious debate:Universalism vs. relativismUniversalism vs. relativismRights portrayed as universal Rights portrayed as universal

◦but a product of Western history but a product of Western history ◦a projection of Western culturea projection of Western culture◦ in a world of diverse cultures & experiencesin a world of diverse cultures & experiences

Causes of disagreementCauses of disagreement◦genuine philosophical disagreementgenuine philosophical disagreement◦political necessitypolitical necessity◦pretext for powerpretext for power

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““Human security”: Human security”: A 1990s innovationA 1990s innovation

Recall: the traditional definition of securityRecall: the traditional definition of securityA broader definition of securityA broader definition of securityHuman securityHuman security

◦ the security of the the security of the personperson◦ freedom from fearfreedom from fear◦ freedom from wantfreedom from want

Achieved through human developmentAchieved through human developmentThe Human Security NetworkThe Human Security NetworkBolstering international organizations & their Bolstering international organizations & their

programmesprogrammes

See the UN Development Program’sdefinition at http://hdr.undp.org/en/humandev/

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The enforcement of The enforcement of international human international human rightsrights

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Raising the issue: the Raising the issue: the impor-tance of human impor-tance of human rights NGOsrights NGOsNot inventors of human rightsNot inventors of human rightsMain promoters of human rightsMain promoters of human rightsHigh profile NGOs are influential:High profile NGOs are influential:

◦Anti-Slavery Society (1823, 1839)Anti-Slavery Society (1823, 1839)◦Anti-Slavery International (today) (today) ◦International Committee of the Red Cross

(1863-)(1863-)◦Amnesty International (1961) (1961) ◦Human Rights Watch (1978) (1978)

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The UN The UN Human Rights Council

4747 members members elected by the General elected by the General Assembly of the UNAssembly of the UN

Regional representationRegional representation

Universal Periodic Review

(peer review)(peer review)

Peer pressure mechanismPeer pressure mechanism

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Office of the High Office of the High Commissioner Commissioner for Human Rightsfor Human Rights

Administrative support for Council Administrative support for Council

ResearchResearch

Capacity-building (training)Capacity-building (training)

Complaints & & Special procedures

Current UN Human Rights Commissioner Current UN Human Rights Commissioner Navanethem (Navi) PillayNavanethem (Navi) Pillay

Photo: Agence France-PressePhoto: Agence France-Presse

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What states (can) do: From What states (can) do: From engagement to isolation and engagement to isolation and sanctionssanctions

Diplomatic relations & “constructive Diplomatic relations & “constructive engagement”engagement”

Stepping up pressureStepping up pressure◦cancellation of foreign aidcancellation of foreign aid◦arms embargoarms embargo◦ trade embargotrade embargo◦ rupture of diplomatic tiesrupture of diplomatic ties

Lloyd Axworthy, former Canadian Foreign Affairs minister (1996-2000), was a proponent of constructive engagement with the Chinese government.

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Suspension Suspension and expulsionand expulsion

Suspension from international Suspension from international organizationsorganizations

Some casesSome cases◦ South Africa & Apartheid (1974) & Apartheid (1974)◦ Nigeria, the execution of Ken Saro-, the execution of Ken Saro-

Wiwa & the British Commonwealth Wiwa & the British Commonwealth (1995)(1995)

◦ Zimbabwe & the British & the British Commonwealth (2002)Commonwealth (2002)

◦ Libya (2011)Libya (2011)◦ Syria (2011-2012)Syria (2011-2012)

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Humanitarian Humanitarian interventionintervention

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2 types of interventions2 types of interventions

Humanitarian assistanceHumanitarian assistance

non-military*non-military* emergency assistanceemergency assistance less controversialless controversial often in cases of often in cases of

natural disastersnatural disasters

Humanitarian military Humanitarian military interventionintervention use of forceuse of force UN Security Council UN Security Council

approval necessaryapproval necessary some unilateral some unilateral

interventions, toointerventions, too

Do not confuseDo not confuse

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Humanitarian military Humanitarian military intervention for crimes against intervention for crimes against humanity & genocidehumanity & genocide““Gross violations of human rights”Gross violations of human rights”

Negotiating the label: a political actNegotiating the label: a political act

Examples Examples ◦ Sudan/Darfur, 2003- Sudan/Darfur, 2003- ((BBC Q&A))

◦ Rwanda, 1994Rwanda, 1994◦ Wars in the Balkans (Slovenia, Croatia, Bosnia-Wars in the Balkans (Slovenia, Croatia, Bosnia-

Herzegovina, 1991-1995; Yugoslavia/Kosovo, 1999)Herzegovina, 1991-1995; Yugoslavia/Kosovo, 1999)◦ Democratic Republic of the Congo, 1996- Democratic Republic of the Congo, 1996- (BBC Q&A)(BBC Q&A)

◦ Libya (2011)Libya (2011)

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The responsibility to protect The responsibility to protect (R2P)(R2P)An emerging normAn emerging norm

◦ an idea of what’s desirable shared by some statesan idea of what’s desirable shared by some states

... not settled from a legal point of you... not settled from a legal point of you◦ no clear legal authorityno clear legal authority

Measures up to military interventionMeasures up to military intervention◦ prevent: aid & supportprevent: aid & support◦ react: from diplomatic measures to armed react: from diplomatic measures to armed

interventionintervention◦ rebuild: post-conflict reconstructionrebuild: post-conflict reconstruction

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Not a straightforward Not a straightforward mattermatterWishful thinking vs. complex realityWishful thinking vs. complex realityNecessary sacrificesNecessary sacrificesUnpredictable outcomesUnpredictable outcomesThe “mission creep” problemThe “mission creep” problem

GovernmentGovernment national interestnational interest political costs & political costs &

benefitsbenefits money & troopsmoney & troops will the people go will the people go

along? How long?along? How long?

Population lack of attentionlack of attention initial supportinitial support long-term supportlong-term support compassion fatigue compassion fatigue

(maybe)(maybe)

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ConclusionConclusion

Detailed set of rightsDetailed set of rights

... with supposed universal validity... with supposed universal validity

... but that are much contested... but that are much contested

... with imperfect enforcement mechanisms... with imperfect enforcement mechanisms

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QuestionQuestionLast year NATO intervened in Libya after Last year NATO intervened in Libya after receiving authorization from the UN receiving authorization from the UN Security Council. Should there be an Security Council. Should there be an intervention in Syria too?intervention in Syria too?

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Appendix 1: The Appendix 1: The wordword mightier than the sword?mightier than the sword?

The goal of the drafters of the UDHR:The goal of the drafters of the UDHR:

““to cause it to be disseminated, displayed, to cause it to be disseminated, displayed, read and expounded principally in schools read and expounded principally in schools and other educational institutions, without and other educational institutions, without distinction based on the political status of distinction based on the political status of countries or territories.countries or territories.””

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Appendix 2: Humanitarian Appendix 2: Humanitarian assistance in natural disastersassistance in natural disasters Natural disasters & emergenciesNatural disasters & emergencies UN planning & coordination UN planning & coordination

◦ Office for the Coordination of Humanitarian Affairs Office for the Coordination of Humanitarian Affairs ◦ UN Strategy for Disaster Reduction UN Strategy for Disaster Reduction ◦ High Commissariat for RefugeesHigh Commissariat for Refugees◦ World Food ProgramWorld Food Program

ExamplesExamples◦ tsunami in Southeast Asia, 26 Dec. 2004tsunami in Southeast Asia, 26 Dec. 2004◦ hurricane Katrina in the US, Aug. 2005hurricane Katrina in the US, Aug. 2005◦ earthquake in Kashmir, 8 Oct. 2005earthquake in Kashmir, 8 Oct. 2005◦ cyclone Nargis in Myanmar/Burma, May 2008cyclone Nargis in Myanmar/Burma, May 2008◦ Haiti earthquake, 12 Jan. 2010Haiti earthquake, 12 Jan. 2010◦ Pakistan floods, July 2010Pakistan floods, July 2010

2009, 2010 and 2011disasters in numbers

2009, 2010 and 2011disasters in numbers