Posts Tagged ‘book’

LWF rolls out Advocacy Handbook in Central America

August 5, 2019

Participants at the LWF advocacy training workshop in San José, Costa Rica, 14-16 July. Photo: LWF/F. Wilches
Participants at the LWF advocacy training workshop in San José, Costa Rica, 14-16 July. Photo: LWF/F. Wilches

The persecution and killing of human rights defenders in Central America, as well as obstacles to the exercise of religious freedom in the region were under the spotlight at an advocacy training workshop in San José, Costa Rica, 14 -16 July.  The Lutheran World Federation (LWF) event was attended by 21 participants from six of the communion’s member churches in Central America and North America and from the World Service regional program.

The training facilitated by the LWF Office for International Affairs and Human Rights was an important opportunity for participants to share experiences of advocacy in their local and national contexts, hear about good practices and learn basic guidelines for effective advocacy work from a rights-based approach including gender analysis. The main tool used was the recently published LWF Advocacy Handbook, which is available in English, French and Spanish.

Participants talked about their concerns for the plight of human rights’ defenders who risk their lives on a daily basis in pursuit of justice and peace in their countries. They also discussed other human rights issues including limitations to freedom of expression and peaceful assembly, the rights of indigenous peoples, the challenges facing those living with HIV and  the importance of a critical approach to the role of the churches in the public space. “What makes this handbook special is its attempt to equip human rights defenders with a wide range of practical strategies that link local and global advocacy actions for meaningful impact at grass roots level” stated Dr Ojot Miru Ojulu, LWF Assistant General Secretary for International Affairs and Human Rights

The training is expected to be replicated in the other LWF regions over the coming years with the goal of helping the member churches, country programs and communities to strengthen their capacity to work on advocacy and human rights. See also: https://humanrightsdefenders.blog/2019/05/29/three-award-winning-colombian-human-rights-defenders-on-a-european-tour-to-raise-awareness/

LWF Advocacy Handbook

https://www.lutheranworld.org/news/lwf-rolls-out-advocacy-handbook-central-america

Hurst Hannum wants a “radically moderate approach” to human rights

April 20, 2019

Hurst Hannum in his Fletcher School office
Hurst Hannum. Photo: Alonso Nichols
A piece by Taylor McNeil in TuftsNow of 19 April 2019 is about Hurst Hannum and his latest book Rescuing Human Rights: A Radically Moderate Approach (Cambridge University Press). Disclaimer: he and I are old acquaintances but have not seen each other for decades. I agree with much of what he says.

Hannum, a Fletcher School professor of international law, argues for bringing human rights back to the center of law and politics, while at the same time trying to define their role more carefully. Too often, he says, human rights are linked to just about everything, from punishing international crimes to seeking redress for nefarious corporate behavior and environmental degradation. “Human rights have come to mean almost anything to anyone,” Hannum said. “If something means everything, it means nothing. What we risk losing is a much narrower but more universal approach, focusing on the basic rights—civil, political, economic, social, and cultural—that government should be responsible for.

Since the United Nations Universal Declaration of Human Rights was set forth as “a common standard of achievement” every country in the world has ratified at least one human rights treaty, and most have ratified a half-dozen or more. Hannum is aware that implementation leaves much to be desired, but said that “continued emphasis on ensuring those rights that a country has already recognized is most likely to be the best way forward.”

….“While the contemporary world may seem bleak, apartheid is gone, authoritarian regimes have largely disappeared from eastern Europe and Latin America, and rights are more widely respected in countries as different as South Korea, Nepal, Tunisia, Taiwan, and Mongolia,” he said. “Many of these changes can be attributed at least in part to greater awareness of and demands for human rights, even though progress is often slow and difficult.” ..

Beginning with the Carter administration in the late 1970s, human rights became a focal point for U.S. foreign policy, “although they were never the only or most important factor in determining policy,” Hannum said. Since the Clinton presidency, the U.S. has focused increasingly on promoting democracy, not human rights per se. Hannum thinks that’s a mistake. “Obviously, democracy and human rights are related—all of the things that go into making a democracy are human rights,” he said. “But since the end of the Cold War, we’ve been pushing democracy as the solution to all problems, and it turns out that it’s not.” 

Unrealistic expectations of what democracy or a free-market economy can achieve “may help to explain the recent success of nationalists and populists, who often define democracy simply as elections, ignoring the essential human rights components of freedom of assembly, association, and expression that give such elections legitimacy,” Hannum said.

He also takes aim at human rights advocates who claim more for human rights than they can deliver—especially those who “confuse human rights with outsiders intervening in all sorts of way to fix other countries,” he said. “Human rights are about persuading governments to institute reforms within their own countries, not about imposing them from the outside.”

While he fully understands the desire to expand human rights efforts to deal more directly with contemporary problems, “we can achieve more if the goals are modest,” Hannum said. Of course, he knows that “Let’s try to achieve moderate success!” is not going to be a popular rallying cry, but he argues that such an approach seems radical these days “only because it seeks to retain the consensus and universality on which human rights are based.”

https://now.tufts.edu/articles/reviving-human-rights

New book on Theo van Boven’s crucial role in the development of the UN human rights system

March 7, 2019

cover
The Advent of Universal Protection of Human Rights – Theo van Boven and the Transformation of the UN Role

In this ‘biography’ Bertie Ramcharan tells the story of Theo van Boven’s dynamic and courageous leadership to develop UN protection. Van Boven has been a life-long scholar and practitioner of human rights. He served in the Dutch Ministry of Foreign Affairs, represented The Netherlands in the UN Commission on Human Rights, served as an expert in its Sub-Commission on Human Rights, and also on the Committee on the Elimination of Racial Discrimination. He was the Director of the UN Human Rights secretariat from 1977 to 1982, and later served as Registrar of the International Criminal Tribunal for the Former Yugoslavia and for Rwanda, and as UN Special Rapporteur against Torture.

As Director of the UN Human Rights secretariat, Professor van Boven built up the protection capacity of the United Nations piece by piece and thereby transformed the UN’s role. He initiated every protection mechanism in use at the United Nations today. He was thus ‘the father‘ of the contemporary system of United Nations protection.

This book is a study of leadership and strategy. If one is to be able to deepen the protection capacity of the UN in the future, it is crucial to understand how the foundations were laid. This book, based on the personal papers of Professor van Boven and of the author, who was his Special Assistant, tells the story of his remarkable leadership of the UN Human Rights secretariat. Published by Springer – ISBN 978-3-030-02221-1

 

In 1982 Meulenhoff published Theo’s speeches on the occasion of his forced departure from the UN. In the preface I tried to explain the how and why.

https://www.springer.com/gb/book/9783030022204#aboutBook

The Sovereignty of Human Rights – Food for thought on New year’s eve

December 31, 2015

For those who want to spend New Year’s even with a more general reflection on “What are human rights?” I think that Patrick Macklem‘s “The Sovereignty of Human Rights” could be interesting reading”. Patrick Macklem is the William C. Graham Professor of Law at the University of Toronto and a Fellow of the Royal Society of Canada. The Sovereignty of Human Rights, was published by Oxford University Press in 2015.

On this anniversary of the adoption of the Universal Declaration of Human Rights, it is worth reflecting on the nature of human rights and what functions they perform in moral, political and legal discourse and practice.

For moral theorists, the dominant approach to the normative foundations of international human rights conceives of human rights as moral entitlements that all human beings possess by virtue of our common humanity. What constitutes a human right, according to this approach, isn’t determined by a positive legal instrument or institution. Human rights are prior to and independent of positive international human rights law. Just because a legal order declares something to be a human right doesn’t make it so. Conversely, the fact that a human right doesn’t receive international legal protection doesn’t mean that it isn’t a human right. The existence or non-existence of a human right rests on abstract features of what it means to be human and the obligations to which these features give rise. The mission of the field is to secure international legal protection of universal features of what it means to be a human being.

On moral accounts such as these, human rights protect essential characteristics or features that all of us share despite the innumerable historical, geographical, cultural, communal, and other contingencies that shape our lives and our relations with others in unique ways. They give rise to specifiable duties that we all owe each other in ethical recognition of what it means to be human. Rights and obligations can also arise from the bonds of history, community, religion, culture, or nation. But if such rights relate simply to contingent features of human existence, they don’t constitute human rights and don’t merit a place on the international legal register. And if we owe each other duties for reasons other than our common humanity – say, because of friendship, kinship, or citizenship – then these duties don’t correspond to human rights and shouldn’t be identified as such by international legal instruments.

In recent years, political theorists have generated a distinctive account of the nature and role of human rights. Unlike most moral approaches, which focus on universal features of our common humanity, political conceptions define the nature of human rights in terms of their discursive function in global politics. Human rights, according to political conceptions, don’t necessarily correlate to the requirements of moral theory. Global human rights practice, for several political theorists, is a social practice whose participants invoke or rely on human rights as reasons for certain kinds of actions in certain circumstances. They represent reasons that social, political, and legal actors rely on in international arenas to advocate interfering in the internal affairs of a state and to provide assistance to states to promote their protection. What this practice reveals is that human rights protect urgent individual interests against certain predictable dangers associated with the exercise of sovereign power. States have a primary obligation to protect urgent interests of individuals over whom they exercise sovereign power, but external actors, such as other states and international institutions, have secondary obligations to secure protection when a state fails to live up to its responsibility.

Legal theorists of human rights, in contrast, typically start from the premise that international law, not moral theory or political practice, determines their existence. An international human right to food, for example, exists because the International Covenant on Economic, Social and Cultural Rights enshrines such a right. Its international legal status as a human right derives from the fact that international law, according to the principle pacta sunt servanda, provides that a treaty in force between two or more sovereign states is binding upon the parties to it and must be performed by them in good faith. Similarly, the right to development is a human right in international law because the UN General Assembly has declared its legal existence. The international legal validity of a norm – what makes it part of international law – rests on a relatively straightforward exercise in legal positivism; a norm possesses international legal validity if its enactment, promulgation, or specification is in accordance with more general rules that international law lays down for the creation of specific legal rights and obligations.

Determining the legal validity of an international human right is a relatively simple legal task. But legal validity doesn’t determine the normative purpose of a human right, and legal conceptions of human rights that seek to explain their purpose in terms that go beyond positivistic accounts of their legal production threaten to reintroduce moral and political considerations into the picture, which undermines the possibility that human rights can be understood in distinctly legal terms.

For example, human rights in international law are legal outcomes of deep political contestation over the international legal validity of the exercise of certain forms of power. Such contestation doesn’t cease upon the enactment of an international instrument that enshrines a human right in international law. Contestation continues over its nature and scope in particular contexts as diverse as individual or collective disputes requiring international legal resolution, opinions offered by international legal actors on state compliance with treaty obligations, juridical determinations of the boundaries between domestic and international legal spheres, and negotiations among state actors that yield binding or non-binding articulations of international legal obligations. Once transformed from political claim into legal right, and as subsequently as a result of interpretive acts that elaborate their nature and purpose, human rights in turn empower new political projects based on the rules they establish to govern the distribution and exercise of power. How to separate the legal dimensions of human rights from their political origins and outcomes is a challenge to those who seek to ascribe legitimacy to human rights in distinctively legal terms.

In my work, I seek to meet this challenge by defining the nature and purpose of human rights in terms of their capacity to promote a just international legal order. On this account, the mission of international human rights law is to mitigate the adverse effects of how international law deploys sovereignty as a legal entitlement to structure global political and economic realities into an international legal order. It contrasts this legal conception of international human rights with dominant moral conceptions that treat human rights as protecting universal features of what it means to be a human being. This account also takes issue with dominant political conceptions of international human rights, which focus on the function or role that human rights play in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law – minority rights, indigenous rights, the right of self-determination, social rights, labour rights, and the right to development – are central to the normative architecture of the field.

Andrew Clapham: master and futurologist of human rights

December 4, 2015

At the occasion of the publication of the second (revised and updated) edition of Human Rights: A Very Short Introduction by Andrew Clapham, Professor of Public International Law (Oxford University Press), the Graduate Institute interviewed him, on 2 December,  about the climate and long-term outlook for human rights. Andrew Clapham will be teaching a Spring 2016 course on The International Framework for the Protection of Human Rights as part of the Graduate Institute’s Master and PhD programmes in International Law. The book has an accompanying website which links to the main texts discussed.

How should we understand the concept of “human rights”?

Andrew Clapham: I have heard serious people in Geneva refer to human rights as ‘aspirations’ and I have heard it said that human rights are a ‘soft subject’. Both these misconceptions should be knocked on their heads. Human rights belong to all individuals and not to some future utopia. If those rights are violated, it represents a violation of the law, not the disruption of a dream. Human rights treaties and customary law are as ‘hard’ as trade or investment law. There are courts and prosecutors. Those convicted of genocide or torture go to prison. States found in violation of human right pay out millions in compensation. Of course there are violations of the law but that does not make the rights themselves imaginary.

Andrew-Clapham.png

Where are the main failures in the protection of human rights in 2015, and what can be done about them?

Clearly there are egregious violations of human rights today. The right to life is being viciously violated in Syria; torture remains widespread in multiple countries; discrimination is everywhere; rights to food, education, health care and adequate housing are being denied around the world; but the human rights framework is used to frame the complaints about such issues and to design policies which prevent future violations. The failure to end the suffering in Syria sits with leaders who have the capacity to change things. The enforcement of human rights can play a role in prosecuting those who have committed crimes under human rights law and ensuring that everyone has the right to seek asylum.  The human rights framework can also be used to try to build a more stable and respectful society after the conflict

When is it justifiable for states to curtail or limit human rights?

Some rights, such as the right not to be tortured or the right not to be held in slavery can never be curtailed or limited; other rights related, say, to freedom of expression may have to be limited to protect the rights of others. Inciting racial violence is not protected by an absolute right to freedom of expression. Today, it is obvious that the right to privacy in one’s email correspondence is not absolute; it may have to be limited to protect others from threats to their lives through terrorist attacks. The discussion is over what procedures are necessary to limit such a right; should it be authorized by a judge, by the police, by a government minister?

Will we have a very different conception of human rights in 2065?

I doubt that any of the rights now included in the international texts will disappear, but their scope may be reduced or expanded. For example, there may be different expectations of privacy in 2065 – the right to be forgotten on the internet is only just emerging. In recent years we have seen new catalogues of rights for persons with disabilities and for indigenous peoples. I am confident that new rights for the elderly will be developed by 2065, and there will surely be developments along the lines of the right to a healthy environment. I suppose that eventually, some of the rights reasoning will be applied to sentient animals and the concept of animal rights will be more commonplace and less ‘aspirational’, but that is perhaps still quite a long way away.

Source: What will our “human rights” be in 2065?

‘La Lucha: The Story of Lucha Castro and Human Rights in Mexico’, new comics book out

April 4, 2015

Henry Chamberlain in his blog Comicsgrinder of 3 April reviews positively a new human rights book: ‘La Lucha: The Story of Lucha Castro and Human Rights in Mexico’

La-Lucha-Verso-Books

The border state of Chihuahua and its city of Juarez is like a war zone thanks to the inextricable link between drug cartels and official corruption. But thanks to human rights defenders, like Chihuahua lawyer and organizer Lucha Castro, fight back.

Lucha-Castro-Human-Rights-2015

Edited by Adam Shapiro, head of campaigns at the human rights organization Front Line Defenders, and drawn by Jon Sack are a series of profiles and reportage that have the urgency of dispatches from the scene. Luca Castro wrote the preface.

 

There are all compelling stories to be found here. One example is the story of Marisela Escobedo Ortiz and her daughter, Rubi Marisol. Rubi was murdered by her boyfriend, Sergio Barraza. It was a clear-cut case. However, Sergio Barraza would never be found guilty simply for the fact that he was a member of the Zetas drug ring and that made him instantly untouchable. Rubi’s mother, Marisela Escobedo Ortiz, led a fight to bring Sergio Barraza to justice. She was able to repeatedly track him down when authorities were not. Sergio Barraza was eventually slain in a shoot-out in 2012 with the Mexican Army. But during Marisela’s struggle for justice, the Mexican authorities, from the local level to the federal level, would not get involved. In the end, Marisela was killed for her efforts. This is quite an involved story 

Verso-Books-Chihuahua-Mexican-drug-cartels

 

“La Lucha” is an exemplary example of the comics medium. A book like this one proves how complex issues can be presented in a clear and concise manner that can benefit people in a myriad of ways. It can jump start conversations that require a number of facts that are not always easy to follow. It can make a difference. It can even save lives.

“La Lucha: The Story of Lucha Castro and Human Rights in Mexico” is published by Verso Books and is available as of March 31, 2015. You can find it hereherehere, and here.

Review: ‘La Lucha: The Story of Lucha Castro and Human Rights in Mexico’ |.

New book on Internet Policy and Governance for Human Rights Defenders

June 5, 2014

This week, Global Partners have published the first in their series of “Travel Guides” to the digital world: Internet Policy and Governance for Human Rights Defenders which Becky Hogge authored under contract to them last year.

The aim of the guide is to entice human rights defenders from the Global South to participate in the discussions happening now around our rights online. But it should also serve as a useful introduction to the technologies that underpin the ‘net and the people who can affect our lives online, from governments to corporations, hackers, hacktivists and everything in between.

Global Partners introduces the book as follows: How the internet operates and is governed affects the rights of users – a new field from which human rights expertise is currently absent. Civil society groups at the table are fighting an unequal fight, and urgently need the strength and depth that the human rights community can bring. It is time for human rights defenders to familiarise themselves with the internet, and prepare to defend human rights online. The typesetting and illustrations are by Tactical Studios.

The volume is released Creative Commons and you can download a free .pdf version: https://barefoottechie.files.wordpress.com/2014/06/travel-guide-to-the-digital-worlds.pdf.

 

Jimmy Carter’s new book on the rights of woman and how religions have kept them suppressed

April 8, 2014

Former President Jimmy Carter (89 years old!!) has incredible stamina but his latest book – A Call to Action: Women, Religion, Violence, and Power – is remarkable not just because of that high age but because it is incredibly blunt in describing how religions have systematically denigrated women, leading to prejudice, infanticide and horrific violence. The highlights of the interview below with KERA’s vice president of news, Rick Holter, about “the human and civil rights struggle of our time”, in too interesting to try and summarize and the same goes for the long excerpt from the book following: Read the rest of this entry »

Louis Joinet (“Luis le Juste”) finally and rightly honored in France

March 26, 2014

It is with great pleasure that I am able to announce that a great human rights defender from France, Louis Joinet, is honored with a colloque on the topic “Is sovereignty still the basis of international law?”. It coincides with the publication of his book: “Mes raisons d’Etat” [‘My reasons of state’ or better ‘How I saw the national interest].

Had he been fluent in English (he picked it up too late in life) he would have been probably one of the most famous human rights experts in the world. His nicknames range from “Louis le Juste” to “the Obstinate”. He played a major role within the French state apparatus as from the 1960s. One of the founders of the ‘Syndicat de la magistrature‘ in 1968 (sometimes called the ‘red judges’), he became the first director of the National Commission on Informatics and Freedoms [Commission nationale de l’informatique et des libertés]. He served five different Prime Ministers during the 1980s as advisor. It was during those days that I met him regularly to set up and run a number of Committees dealing with the military regimes in the Southern Cone of Latin America (e.g. SIJAU, SIJADEP). We travelled often to the region and on many occasions I saw returned refugees come up to Louis to embrace and thank him for the support he gave them in exile.

In the meantime during 33 years he was an expert in various UN bodies, travelling all over the world. Most pronounced was his leading role in the Sub-commission for Human Rights and the Protection of Minorities (now renamed and relegated to a research role for the new Council), where he spearheaded a great many and daring innovations, concerning many  issue including disappearances, torture, international crimes and amnesty. His popularity with (certain) States suffered, but most NGOs considered him to be a hero.

Together with his late and much-beloved wife Germaine he had a less-known but rewarding social life that includes assisting young street criminals and a passion for circus and street theater. His musical talent is illustrated in the picture below from my private collection, where he is seen playing the accordion with Argentinian Leandro Despouy watching (August 1988).

1988 Aug Subcommission party in Prevessin Louis Joinet Leandro

 

 

 

 

 

 

 

The colloque in Louis honor is taking place on 27  Mars  2014, 18h30, at  Université  Panthéon-‐Assas, Centre  Panthéon,  Salle  des  Conseils, in the series of lectures under Professor Olivier de Frouville.

The book “Mes raisons d’Etat. Mémoires d’un épris de justice” is published by La Découverte: http://www.editionsladecouverte.fr/catalogue/index-Mes_raisons_d_etat-9782707178459.html

 

Amir, author of Zahras Paradise, talks about his album on YouTube

October 11, 2012

This dates back to March 2012. I missed it and so may have you. It is a excellent interview by Iran specialist Drewery Dyke of of AI with the author Amir. He is an Iranian-American human rights activist, journalist and documentary filmmaker.

Set in the aftermath of Iran’s fraudulent elections of 2009, Zahra’s Paradise is the fictional story of the search for Mehdi, a young protestor who has disappeared in the Islamic Republic’s gulags. Mehdi has vanished in an extrajudicial twilight zone where habeas corpus is suspended. What stops his memory from being obliterated is not the law. It is the grit and guts of a mother who refuses to surrender her son to fate and the tenacity of a brother—a blogger—who fuses culture and technology to explore and explode absence: the void in which Mehdi has vanished.

In conversation with Amir, author of Zahras Paradise – YouTube.