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    human rights and social science burns 2006

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    16 views24 pages

    Burns 2006

    Uploaded by

    Maggie Peltier
    human rights and social science burns 2006

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    | Chapter One International Human Rights: Issues Overviews 1HE idea of human rights has wings. t has found its way around the globe, and we are reminded often of its importance everywhere. On any given day, we are likely to be confronted by one or more news stories about individual heroics on behalf of human rights—at home and in every other reach of the world: Americans demanding better con- ditions for the homeless, adequate health insurance forall, and an end to torture on US. smlttary bases near and far; Cuban ctizeis petitioning for free speech, fair elections, and the rule of democratic law; Brazilian and other indigenous peoples fighting to safeguard their native homelands against colonization and dispossession; Bulgarian women protest- ‘ng intemational sex trafficking; Ukrainians standing up to coreupt autocracy in favor of political democracy; Indian and other children marching against abusive and exploita- _ five child labor, Tibetan monks demonstrating against Chinese meddling with cherished. Giistoms; Burmese peasants challenging enslavement and forced labor by theie military “Bovernment to build a gas pipeline for a multinational corporation; Congolese women demanding an end to rape and other violence against women in war-tom central Africa ten—for rescue from widespread. ity ia Darfur; and so forth. The fact that we increasingly classfy such issues as human ‘Problems not only makes moral philosophers of us all but supports also the hunch [We are traversing 2 twenty-first century in which the idea of human rights shapes the tions of people no matter who or where they may be. jen if human rights are on people's minds all over the world, however, the ful real ‘human rights worldwide isa distant dream. 4 truly just world order is not cas- tickly achieved, But the drive for socal justice on a globel scale, spurred by the E af Nazi atrocity and ever more revealed in internationally defined human and procedures, persists nonetheless. As Adolfo Pérez Esquivel put it on he Nobel Peace Prize as long ago as 1980, “The last few decades have seen a and internationalized conscience in respect of human rights, such that we ‘with and increasingly forced toward a deeper understanding of what the rhiuman rights means.”! ich “Afterwor,” in Paul Willian ed, The Inernatonal Bll of igh (Glen Elen, ok, 1981), 105-8, at 105, Issues rm tis introductory chapies, we seek 10 provide a “deeper under nding of what the soragae for human rights means” by ooking at she wap for {four broad vantage points. past we review human rights in the context of changing scorical concepts and interna~ ease aw, Bus Weston. in the opening essay. explores He ‘concept and content of on egnts as te ida of human sights bas evolved over the 280 ‘and especially since ay War Lis underiying presupposiion 1s that human Bhs, ‘while having achieved Wiaespread consensus about their meaning and amplicon nonetheless Hot 2 Corus ees oughe and acon bot, rather, a set of assumptions 2nd ‘énoices that are open to ed mk because af ever evolving Kes, conditions 290 needs, Second, and const tech rethinking, fan essay by Mara C, Nussbaum St introduces us to the “capabiliies approach” to human rights, laying out 2 framework for understanding the aeeial Dectartion of Human Rights (UDEER) in terms ofthe Wave its provisions may canderstood to enable people to achieve thelr individua! Promise and community-based otenual Her concern js to conceptualize and use Res rights as a too! for empower aon especally in te context of those “capabilites” thar help o define what it means 10 >be human. Hamam. jook to the argument, prominent jn dhe post-Cold WE 19903 and early twenty Syst century, between those who insist that Joa] Paes and traditions should ‘Ierermine the existence and scope of rights promised 10 ‘individuals and groups Versus jctho contend that no amount of éiference among Givens ‘individuals and cultures ot be alowed to obscure the essential universality of Bune rights. In his essay, “The aaene sty of Human Rights in a Moiclrured Word” Burs Us asserts that pro~ ponents of de univesahty of human rights a viewDO0l ‘which he subscribes, cannot Pom py succeed wikbout approaching, otra pluralism ms NE ‘that is consis- convince core vale of human sights: respect. o thi ene he therefore posits @ venethodology of respect” for the resolution of cOmPet NE, relativist-universalist claims. ‘Pnally, hola Homatd-Hassmann focuses on oUF rap hnneioe global political econ aay capture by the term “globalization.” Jn“ Second Hw ‘Transformation: Human, Signs Leepfrogging in the rn of Globalization” she * Oe nate no poical regime s witout Is shortcomings where hurnan Hs perfor mance is concemed, neither is any political regime today inclined 10 disavow intentionally Mrverbed Raman rights standards—at Teast not publicist i40 concn Rochefou- aise observation that “hypocrisy the homage which vie pay so rues Bee “fongh the human nights ahieverents of diferent pol regimes var 00 $7 ‘hough Thaptonot yt represent the realization of comprehensive conception of WW dignity, aoe eights standards that have been adopted snterationaly have Become & NACE race of the word's political landscape. These standards, representing the mos! indlusive ‘eeogition of rights possible within the pola, fdeotogcal ana cultural constraints of reerenien global ysiem,vflect a consensus among states aso the existence OF certain oa naval and group sghts within tel respective jursictons, gh Wk PET aanie sof the UN have agreed to recognize, promote, and protect and fos Whi, there- reine gates aze propery ebd accountable. Today the legacy of poses ssn sor eet eapacy to rule non-coerciely—Is judged less by the ok! standards of divine vgn revoltionary heritage, national destin, or charismatic authority, are Tore by new aan informed and refined by the language of intemational human sights HUMAN RIGHTS AS A POPULIST WORLDWIDE MOVEMENT INFLUENCING INTERNATIONAL RELATIONS 3 tn coneling that intemasiona human rights lav has been generated arpely in FSP re pola or social concezns ofa widely-felr character” Theo van Bo¥eH OA, the work see NGOs The persistent pressure of Amnesty Intemational on the TA Genei ‘\sembly to adopt a Convention against Torture and Other Cruch Inburnahe, ‘Asembl 1 Punishment, for example, or ofthe American Jewish Commie to td Ceneral Assembly's acceptance of @ Declaration on the Elimination of AM! FONE of Intols Sener ar Diserbination Based on Religion or Beli, for another, lends credents 2 17 see Jace Donel, Unie man righ, 2nd ed. hac NY; Come DESAY Te, 32001 27 See Jo Doe jack Donnelly, uma Digit, Numan Ribs, 2d Fons Nise oda Rverd para gros epi oe anos he hat eosin St SS 986) ratte otra vege, owed by a sited fant sutbOo ngs segs the exer gman Rg a Human ign.” APSR 8) (Sept, 1987 92427. : Me Teeeman, Hamar Rp, note 15, at 103. : 28 Freer ye ofthe Posive Law of Human Rights" note 21, 2 8. ‘treaties and 'pproval. ism and selt- asin the most voked for the tof improved xd that debate human dig- views of what xtemationally ble to a great ‘human rights ‘al interpreta- rights pertor~ “intentionally La Rochefou- virtue.” Even leven though tuman dignity, ‘come a major nost indusive constraints of race of certain aus that mem- which, there- cal regimes— ards of divine more by new bis MENT yin response ites the work UN General or Degrading ce to win the orms of Intol- ‘edence to the 1y Press, 2002} egies.” APSR 4efined barman ye authors, sce ‘921-27 International Human Rights: Issues Overview conclusion that international human rights law has been greatly advanced by global popu- Jar support, In van Boven's words, “one of the specific traits of international human rights Jaw is that this branch of international law extends well beyond the domain of intemtional judicial decisions and intergovernmental practice.”® Is directly influenced and advanced by an international movement; and as states and the United Nations fall short in the defense of human rights, as James Avery Joyce has written, “itis the non-governmental ‘groups who are steadily forming a global if not yet systematized movement of investigation, protest and reform." Such groups, in no way bound by the norms of nonintervention applicable to states, maximize the free flow of information across borders, spreading the word on human rights violators. While governments dally with “quiet diplomacy,” non- ‘governmental human rights groups turn up the volume on complaints to “mobilize shame” in the relationship of offender states to the world community and to enlist world public ‘opinion against egregious rights violations.» Such human rights interest groups have pro- Iiferated and continue to do so, In the decades since 1945, the cold war, natlonalisin, and power politics have largely ‘undermined any expectation that states would police each other, and that the United ‘Nations would somehow enforce and protect sntemationally defined human rights. But NGOs have begun to fill the gap. Claude E. Welch, Jr, who has written extensively about NGOs, reports that the number of “conventional” NGOs, which stood at 973 in 1956, has roughly doubled each decade since.» International groups such as Amnesty International and stricdly national groups such as the Cambodian Health and Human Rights Network or the Ethiopian Professionals Action Group, for example, use the politics of information sgathering and advocacy 10 maximize the free flow of information across borders, spread- ing the word on human rights violations around the globe. All of these organizations ‘greatly increase the numbers of people worldwide who are engaged in human rights ‘activities, The international Jaw of human rights has, in other words, an attentive global ‘constituency. ‘These human rights interest groups are also diverse. They include trade unions and busi- ness organizations, professional societies, single-issue and policy reform groups, political ‘organizations, and ethnic, \eological, and religious entities. A minority deal exclusively in the human rights field. Most are human rights “part-timers,” special purpose groups that ‘make human rights activiles a significant but not exclusive part of their concerns: trade ‘unions and political parties as well as religious organizations (such as the Simon Weisenthal Center, the Human Rights Office ofthe National Council of Churches in Korea, Pax Romana, the International Movement of Catholic Lawyers, the Society of Friends, the Intemational ‘Human Rights Program of the Disciples of Christ, and so forth). Indeed, the humanitarian concerns of various churches, including Baha'i, Buddhist, Hindu, and Muslim groups, have drawn their faithful into promoting human rights through action as well as through edu- ‘cation. As one observer of the international human rights movement, José Zalaquett, has remarked, “a union, by virtue of its own nature, will have the central objective to advance the interest and labor tights of its members; a political party will aspire, by definition, 10 30.1, 110. 31. James Avery Joyce, The New Polit of Human Rights (New York: St. Martin's Press, 1978), chap. 5. “riobiization of Shame," 79. See also Robert F Drinan, 6.1. The Mobilisation of Shame: A World View ‘of fuaman Bagh (New Haven, Conn: Yale University Press, 2001); Clande E. Welch, J, ed. NGOs and Tuna Righs: Promise and Prfammance (Piladelpha: University of Pennsylvania Press, 2002). 32. For pertinent discusion, see Reading 31 by Richard Pleme Claude in Chapter 8 of thls volume. 33. Welch, NGOs and Huma Rigty, note 31, et (quoting from the Union of International Associa Bons, Yearbook of ternational Organcatons 1996-97, avallale at hp Swww-uiarghuistars 13 14 Issues political power; any given church will not regard the task of defending and promoting ‘human rights as necessarily its exclusive or central programme." In fact, however, numerous trade unions and political parties and church groups do have goals and programs that touch significantly upon human rights concems as a mat- ter of routine. As Zalaguet himself observes, many such organizations, with memberships «ng affiliations crossing national frontiers, have in recent years elormolated existing proj- cis or stared new ones using the language of human rights oF invoking international standards, Many of these and equivalent transnational groups such as the American Ass0- lation forthe Advancement of Science, have incorporated human rights objectives into their scieme of goals, end many have insttutionalized these interests by setting up human tights ofies to monitor the problems oftheir counterparts, confreres, or co-religionsts in distant lands.” ‘This proliferation and diversification of human rights groups lends support logically, to «a new perspective on Intemational relations. Ths new viewpoint emphasizes the significance ‘of nonstate actors and reects the conventional wisdom of international law and relations defined exclusively or nearly exclusively by the behavior of states and of international orga- nizations composed of states. Modern communication and transportation technologies hhave made the dassieal notion of world polis obsolete. Territorial boundaries, however ‘much bolstered by doctrines of sovereignty, are no longer impregnable—indeed, they are downright porous. Drugs, pollutants, illegal aliens, and terrorists manage to get through these boundaries, o be sure but so 100, and more importantly inthe long run, des infor- ‘mation, No longer does the world consist of independent sovereign states, impenetrable to anything but the influence of other states in direct proportion to the size and resources of such other states (what British intemationa relations theorist Jon W. Burton has called “billiard-ball-ike states") 2° Many view some features of the new intemational relations format as favorable to inter- national human rights, According to Abid Hussain of India, former Specal Rapporteur of the UN Commission on Human Rights on the Promotion and Protection of the Right to Freedom of Opinion and Expression, global communication via the Internet has been bene ficial for human rights, transforming “the lives of people, including those who have pre~ Viously been ignored by societies or disinherited of thei rights.” By delivering cheap acceso information, and by providing forums for debate in countries where the media are ‘monopolized, the Internet offers the disenfranchised an opportunity o partidpate in solu- tions o thei oym misery. Te Internet can be used to mobilize people locally. For exam- ple, electronic mail campaigns against corruption influenced Korea’ 1999 elections and played a key role in publicizing the scandals that ukimately deposed President Joseph Estrada of the Philippines in 2000. E-mail and the Intemet can also surmount international bares, 34, José Zalaquett, The Human Rigs Issue and he Human ight: Movement (Geneva: Commission ofthe ‘Charches on international Aflais, World Councl of Churches, 1981), 20-31, See also Pontifesl Com ralsion, ‘Justia et Pas,” The Guuch and Huma Righs, Working Paper | (Vatican City 1975); Lutheran ‘World Federation, Theol Pepecins on tama Rights: Rapor ofan LIF Comat on lama Rights (Geneva: Lutheran World Federation, 1977) 35. See, eg. Richard Pierre Claude, Sfenc fn the Service of tuman Right (Philadelphia: University of Pennsylvania Press, 2002), chap. 10, “Emerging Govemance Among Transnational Organizations” 178-96. 36, In Michael Banks, “The Intemational Relations Discipline: Asset or Liability for Cndict Resol- tion?” in Edward A. Azar and Jobin W. Burton, es. lnernatinal Conf Resoltion: They and Pratce (Boulder, Colo. Lynne Rienner, 1986), 5-27, at 18-19. See also R. J. Vincent, Human Rigs and Iner= atonal Relations (Cambridge: Cambridge University Press, 1986). 37, Steven Wick, award F Halpin, and Erle Hoskins, eds, Hunan Rights and the Internet (Neve York: St Martin’ Press, 2000), x. International Human Righis:Isues Overview promoting “NGOs, working within and outside countries with tyrannical regimes, can use communt _ ations technology to bypass government control and communicate directly with ordinary sroupsdo ‘Gtizens to send data on human rights violations to concerned NGOs overseas. Where gov- at ‘emments exert tight control over Internet use by their own citizens, as in Vientam or ea ‘Burma, web sites communicate with expatriate communities, sympathetic foreign audi sting proj- | ences, and also with internal groups who are able to access the Internet illegally by dialing soaps ‘gut of the country using mobile telephony. The United Nations Human Development Report jcan Asso- estimates that in 2005 one billion people have access to the Intemet, although distribution eee | __ghows the North ercatly advantaged over the South.™ The Report comments: “Connecting sphuman ‘a major portion of the population will be a challenge in developing regions. But the digital sionists in divide need not be permanent if technological adaptations and institutional innovations expand access"? veically, to ‘twenty-first-century conditions have rushed us into a new, more interconnected world nificance ‘of far reaching rapid change that scholars and activists call “globalization,” a term that refers {relations to, inter alia, the interaction of information technology and the global economy: Global- anal orga- ization spans not only the growing interdependence of economic relations—trade,invest- hnologies rent, finance, and the organization of production globally—but also social and political however interactions among organizations and individuals across the world. As the modern Internet vthey are and the worldwide web proved popular by the turn of the century, it became tempting, (through ‘especially for those who overlooked the “digital divide,” to sce technological developments. eee 4 as the key to understanding the meaning of change in our time and to deciphering its hi ‘enetrable 3 ‘torical direction as both benign and inevitable.*! Rhoda E. Howard-Hassmann gives pause eet ‘to such optimism in her contribution to this volume (Reading 4): “The Second Great Trans- hascalled formation: Human Rights Leapfrogging in the Era of Globalization,” She brings insight and prudent scepticism to these issues in a wide ranging exercise in “scenario analysis" that helps eae readers envision alternative futures, both benign and adverse for the prospect of human vomeurof sights in the context of loblizaton. A grand speculative inquiry addressed tothe future, her Right to 3 essay is concerned with our shrinking world, ever more interdependent environmentally, senbene- have pre- 2g cheap 38, Unkted Nations, “Today's Technological Transformation —Creting the Network Age” in Human nediaare | Development Repo. 2001 (New York: Oxford Unversity Press forthe United Natons Development Pro eins. gramme, 2001), chap. 2.35, : 59. Rerponding to fears thet the Intemet wil not serve less developed counties, OneWorld, an NGO, or exam and the Datch development aid agency, Hivos, have jolned forces to help organizations based sons and developing counties to use the Intemet for sustainable development and human rights Te iniutive estrada includes helping hundreds of Souh-bsed NGOs ogo online, connect o source of suport and ale : sng, and to build online gateways promoting reine) perspectives fom civ socey tn Afi, Latin Ubazies ‘Ammria, an Sout Asa Ina coraparable iniatve, in 2004, the Universy Human Rights Nctrork ‘headguariered n So Palo, Brak began pubshing SUR, on stemationa journal on human "igs

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