HUMAN RIGHTS (2006) INTERNATIONAL PACIFIC COLLEGE (IPC) (IR COURSE)

CONTENTS

 Human Rights General

o State of World Human Rights: Facts and Figures (Amnesty International 2006)
o HR Game
o HR Square Questions
o Summary Table Readings 1 and 2
 Arlington West: Synopsis by Peter Dudar
 Appendix 2: Background on Arms Trade
 BBC NEWS: Americas UN initiates arms trade agreement (article)
 Violations of Children’s Rights: Armies of Children
 In the Village were aid makes a difference (article)
 Cambodia Remembering the Killing Fields
 Colonization
o Group Reasons
o Early Globalization and Colonization
o Implications on Human Rights
o Class Role Play
o Comic
 Indigenous People
o What are Indigenous People
o Land Rights in the Amazon Basin
o UN Council Approves Rights of Indigenous People
o Declaration of Rights by UN HR Council
 Death Penalty
o For and Against
o Crimes Punished by Death Penalty
 Gay Rights
o Article
o Notables Urge India to end 145 year ban on Gay Sex
o Lesbian, Gay, Bisexual and Transgender Rights
 Womans Rights
o Activity
o Article
o CEDAW
 War Criminals
o International Criminal Court
 UNHR Treaty System
 Interview with Mary Robinson
 Notes and Quotes Teleconference
o Responses to Human Right Scholars
 Activities
 Journal Assignment 1
 Course Journal Part 2
 Class Summaries
 Yourlandia
News Front Page Last Updated: Friday, 27 October 2006, 08:36 GMT 09:36 UK

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UN initiates arms trade agreement
Africa A United Nations committee has VIDEO AND AU
Americas voted overwhelmingly to begin The aims of the
work on drawing up an
Asia-Pacific treaty
international arms trade treaty.
Europe
Middle East The measure would close loopholes in
South Asia existing laws which mean guns still
UK end up in conflict zones despite arms SEE ALSO
Business embargoes and export controls. DR Congo arms
Health Major arms manufacturers 'failing'
It could also stop the supply of
Science/Nature Russia and China abstained 16 Oct 06 | Afric
weapons to countries whose
Technology development is being hampered by from the vote Arms traders 'dod
Entertainment arms spending. embargoes'
----------------- 02 Oct 06 | Spec
Have Your Say Only the US - a major arms manufacturer - voted against the treaty, saying it UN arms bans 're
In Pictures wanted to rely on existing agreements. defied'
Country Profiles 16 Mar 06 | Euro
Special Reports A total of 139 states voted for the motion. There were 24 abstentions.
Controlling the a
Programmes 18 Jun 06 | The W
Major weapons manufacturers such The attackers fired off
RELATED BBC as Britain, France and Germany Hour
SITES nearly 1,000 rounds of Annan warns of '
voted to begin work on the treaty, as
did major emerging arms exporters ammunition - this is in the culture'
 SPORT Bulgaria and Ukraine. poorest country in the 26 Jun 06 | Ame
 WEATHER world
 ON THIS DAY Russia and China, also major arms RELATED INTE
manufacturers, were among the Campaigner Richard Wilson
 EDITORS' LINKS
countries to abstain.
BLOG United Nations
Send us your comments Control Arms
UK Minister for International
LANGUAGES Development Gareth Thomas said an international treaty was the best way to International Act
curb the supply of weapons. on Small Arms
 Espanol The BBC is not r
 Brazil "All countries should support such a treaty as it offers the hope of a safer the content of ext
world where children are not scared to go to school," he said.
 Caribbean sites
 More 'Suppliers club'
TOP AMERICA
The UN secretary general has one year to produce a report on how to US Democrats ha
introduce common international standards for the import, export and transfer power
of conventional arms. Lawmakers face
Colombia
GLOBAL ARMS TRADE Mexico City pass
Top 5 arms exporters: law
Russia, USA, UK, France and
Germany account for about
80% of global arms exports MOST POPULA
Global military spending: in NOW
excess of $1,000bn
The BBC's Laura Trevelyan at the Emerging exporters: Brazil,  MOST E-
UN says it could be years before an China, India, Israel, Pakistan  MOST R
international arms trade treaty is
actually agreed - but this vote is an
Top 5 arms importers: India,
important first step. Saudi Arabia, Iraq, Turkey,  Wife 'sho
Japan threat
Globalisation has made existing Arms trade key statistics  Country p
export controls inadequate, our correspondent says - often, a weapons Ethiopia
company with its headquarters in a country with strict export controls will  Mexico C
manufacture components in nations with lax laws.
union law
 Stem cell
Some developing countries fear a treaty will just create a cartel or a suppliers'
club for the major weapons exporters, our correspondent adds. hype?
 Dead wom
Human rights organisations have welcomed the move. US electio

Amnesty International described the Most popular now

vote as "an historic opportunity",
saying "any credible treaty must
 MOST E-
outlaw those transfers, which fuel the
systematic murder, rape, torture and  MOST R
expulsion of thousands of people".
 US Demo
One of those campaigning for the sweeping
treaty was Richard Wilson, whose  Mubarak
sister was taken from a bus and shot
dead in 2000, while working in A new treaty would close Saddam e
Burundi as a school teacher. loopholes in existing laws  Mars rove
one-way t
He told the BBC's World Today that the major arms exporting countries had  Mexico C
to acknowledge their role in providing weapons to the poorest parts of the union law
world.  Obituary:
"The attackers fired off nearly 1,000 rounds of ammunition. This is in the
poorest country in the world.
Most popular now

"That says something about the easy availability of weapons, and anything
that can be done to reduce that can help to prevent at least some of these
tragedies in the future," he said.

Nobel peace prize winners, including Archbishop Desmond Tutu, have also
backed the idea of such a treaty.

BBC defence and security correspondent Rob Watson says any eventual
treaty faces many hurdles, including the question of how to stop those shady
international arms dealers who are not in the habit of obtaining export
licences?

Assurances will also need to be provided to arms exporters like Russia and
China and emerging manufacturers that any treaty is not aimed at damaging
their arms industries, our correspondent adds.
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News Front Page Last Updated: Monday, 2 October 2006, 11:27 GMT 12:27 UK

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Arms traders 'dodging embargoes'
Africa The lack of a legal framework SEE ALSO
Americas governing the arms trade is allowing Controlling t
weapons to reach states under embargo
Asia-Pacific 18 Jun 06 | T
like Sudan and Uganda, a report says.
Europe Westminster
Middle East The Arms Without Borders report by
South Asia leading humanitarian groups, including RELATED I
UK Oxfam and Amnesty International, is LINKS
Business calling for a global arms trade treaty. Oxfam
Health Amnesty Inte
It compares European and North American Military hardware kills 300,000
Science/Nature people a year, the report says The Control
firms to flat-pack stores, selling arms in
Technology pieces for assembly "back home". campaign
Entertainment International
----------------- And unscrupulous arms dealers can, it says, get around national restrictions. Network on S
Have Your Say United Natio
In Pictures The report was drawn up Oxfam and Arms companies are The BBC is n
Country Profiles Amnesty along with the International global yet arms regulations for the conten
Special Reports Action Network on Small Arms, which
together have formed a campaigning are not internet sites
Programmes coalition called Control Arms.
RELATED BBC Jeremy Hobbs TOP STORIE
SITES Its launch on Monday was timed to Director, Oxfam International Democrats tr
coincide with the opening in New York of a session of the UN General night for Bus
 SPORT Assembly's First Committee - one of the UN's main forums on disarmament. Israeli shellin
 WEATHER Gaza
 ON THIS DAY "This report reveals a litany of loopholes and destroyed lives," said Oxfam Pakistan suic
International director Jeremy Hobbs.
 EDITORS' 35
BLOG "Arms companies are global yet arms regulations are not, and the result is the
arming of abusive regimes."
MOST POP
According to the report's findings STORIES N

 The US, Russia, the UK, France and Germany remain the world's top  MOS
arms exporters, accounting for about 82% of the market in 2005  MOS
 Newer arms producers like Brazil, China and Israel have varying export
controls which "do not always include explicit criteria... for authorising
arms transfers"  Wife
 Military essentials such as engines and electronics often do not appear on bullet
exporters' lists of sensitive technologies  Coun
Ethio
'Litany of loopholes'  Mexi
gay u
Amnesty International's director-general, Irene Kahn, said the legislation  Stem
concerning the arms trade was so outdated that the sale of soldiers' helmets was
"better regulated than the sale of components that can be made into deadly hype?
weapons".  Dead
local
READ THE REPORT
Arms Without Borders Most popular
The report says weapons such as attack [444KB]
helicopters and combat lorries are being Most computers will open this  MOS
assembled under licence in countries
including China, Egypt, Israel and Turkey.
document automatically, but  MOS
you may need Adobe Reader
It alleges that such weapons have gone to Download the reader here  US D
Sudan, Colombia and Uzbekistan, and it says it has received reports that they have secur
been used against civilians. win
 Muba
One of the companies named in the report is British-based BAE Systems. Sadda
 Mars
It has responded by saying that it works closely with the UK and US governments
on export sales, and it is up to governments to decide whether to grant export
one-w
licences.  Mexi
gay u
 Obitu
Wolf

Most popular
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Control Arms

What Happened at the UN Review Conference on Small Arms?

Q: Did governments agree to a set of global guidelines on the international transfer of

small arms and light weapons?

A: No. After more than 25 governments agreed to a set of global guidelines in Nairobi,
Kenya on April 21, 2006, some governments had hoped that these guidelines would be used
as a basis for negotiations at the UN Conference. However, there wasn’t enough time to
negotiate a detailed list of guidelines at this UN Conference (June 26 to July 7). Instead,
governments and NGOs focused on urging all governments to support calling for future
negotiations to agree on detailed global guidelines.

Q: Were governments able to agree on future negotiations to establish a set of global

guidelines?

A: No. Although there was wide governmental support for holding future negotiations to
agree on global guidelines within the UN, a small minority of governments blocked this
effort, including Cuba, India, Pakistan, Israel, and Iran. Of these countries, Iran was the most
obstinate. Canada, however, did propose a meeting in the spring of 2007 for all governments
to discuss global guidelines. In addition, the UN General Assembly is anticipated to discuss
future negotiations at its session in October.

Q: Did the United States support future negotiations on global guidelines?

A: Yes, for the most part. In the United States’ opening statement at the UN Conference,
Undersecretary of State Robert Joseph said, “We [the United States] are willing to consider
text that encourages the adoption of a set of principles on arms transfers.” Throughout the
two week conference, the United States encouraged other governments to support future
negotiations in bilateral and multilateral settings. However, by the end of the UN Conference,
the United States said they needed to check with Washington before they could approve
language about future negotiations.

Q: What was the result of the UN Review Conference on Small Arms?

A: Unfortunately, governments failed to adopt any substantive agreement to curb the illicit
trade in small arms and light weapons. Several factors contributed to the lack of agreement.
Negotiations were consensus-based, which meant that all governments had to support the
whole agreement. A few governments, most prominently the United States, blocked
proposals that most other governments supported.

Q: Which proposals did the United States block?

A: The United States was one of a very few, if not the only country, to oppose more than six
initiatives most governments supported, which significantly contributed to why governments
failed to adopt an agreement in the end. The United States opposed any references to
development, ammunition, a ban on sales of weapons to non-state actors, civilian possession,
gender, future UN studies, and future UN meetings. Governments were most dismayed by
U.S. opposition to any future UN meetings to review the implementation of the original
agreement in 2001.

For more information on the U.S. positions, please see the U.S. government’s opening
statement at the UN Conference at
http://www.un.org/events/smallarms2006/pdf/arms060627usa-eng.pdf.

Q: Did the United States initiate or support any proposals?

A: Yes, other than global guidelines, the United States did initiate or support at least a couple
other items. For example, the United States supported efforts to ban Man Portable Air
Defense Systems (MANPADS) to unauthorized non-governmental actors. The United States
also supported language that encouraged governments to strengthen their capacity to monitor
the destination and use of their exports.

Q: Will there be any future UN meeting on small arms and light weapons?

A: Yes. The United Nations has already agreed to hold a follow-up meeting on the
implementation of an agreement of the marking and tracing of small arms. Members of a UN
study group will also meet, beginning November 2006, to discuss how governments can more
effectively deal with the issue of arms brokering. The future of UN meetings to review
progress on the implementation of the original 2001 agreement, however, remains unclear.
Governments plan to introduce a resolution calling for such meetings at the UN General
Assembly in October 2006.

 INTERNATIONAL TRADE IN ARMS AND MILITARY TRAINING Home

 CONTROL ARMS CAMPAIGN
 Actions
 News
 Reports

 RESOURCES
 Related Links on the Small Arms Trade
 Control arms downloadable resources
 Ask Amnesty: read our online discussion transcript on small arms

 GET INVOLVED
 Sign up to the Control Arms campaign
 Sign up to the Million Faces Petition
We will be taking the "Million Faces" to the UN in 2006 to call for tougher controls
on arms exports.


  Nicolas Cage talks about the deadly impact of the uncontrolled arms
trade.
Watch the video:
37 k | 300 k. »

 CONTROL ARMS CAMPAIGNING AROUND THE WORLD

Join The Stadium
The Million Faces Stadium is a global initiative to promote the Million Faces petition
demanding an Arms Trade treaty. Join the stadium here.
 Watch the AI-Spain Control Arms Campaign video
English | Español. »
Julis Arile, the millionth person to add their face to the Million Faces petition for tougher
arms controls presents the Secretary-General with the petition on the first day of the United
Nations Small Arms Review Conference. Also present are from left, Irene Khan, Secretary-
General of Amnesty International, Rebecca Peters, Director of IANSA and Jeremy Hobbs,
Directory of Oxfam International. © Carolina Penafiel/Control Arms.

Join the Control Arms Campaign

Irresponsible and illegal arms transfers continue to perpetuate violent conflicts and countless
human rights violations around the world. This is why Amnesty International, Oxfam, and the
International Action Network on Small Arms started the Control Arms Campaign in 2003.
Through this campaign, AIUSA is focusing on encouraging the United States to lead efforts
to establish strict guidelines on the international transfer of small arms and light weapons.

Take Action

It’s Time for a "Lord of War" Screening Party

AIUSA encourages you to call on your family, friends, and neighbors to organize a viewing
party of "Lord of War" and educate the public on the issues of arms trafficking. Directed by
Andrew Niccol and starring Nicholas Cage, "Lord of War" is a gripping tale that follows a
U.S.-based arms dealer as he brokers weapons to various human rights abusers.
Find ideas on how to make your screening party fun and successful. »
Sign up for the campaign here. »

Learn About the Issue

The international trade in small arms and light weapons (SALW) is dangerously out
of control. Legal but irresponsible transfers of arms such as assault rifles and
shoulder-fired missiles continue to fuel human rights abuses and are a proven catalyst
for initiating conflict and prolonging wars once they break out.
Find out more about how strict global guidelines could help curb troubling SALW
transfers. »
Permanent Declaration on the Rights of Indigenous Peoples
Forum on
Indigenous The Declaration on the Rights of Indigenous Peoples adopted by
Issues the Human Rights Council
Working
Group on June 29, 2006 the Human Rights Council adopted by a roll-call vote
Indigenous of 30 in favour to 2 against and 12 abstentions a resolution on the
Populations Declaration on the Rights of Indigenous Peoples. The Declaration
Declaration has now been forwarded to the UN General Assembly for approval
on the before the end of 2006. If also adopted by the General Assembly in
Rights of December 2006, the Declaration could well be a major step towards
Indigenous eliminating the widespread human rights violations suffered by over Tangkhul Naga, India
Peoples 370 million Indigenous people worldwide. While the Declaration is Photo: Christian Erni
Plain not binding to governments, it is a positive step which puts pressure
language on governments to live up to the objectives of the Declaration and
version of would serve to reinforce such universal principles as justice,
the Draft democracy, respect for human rights, equality, non-discrimination,
Declaration good governance and good faith.
A Brief
History
More Read the Resolution (p. 56-58) and the Declaration (p. 58-73) in the official HR
Informatio Council report
n Read more about the adoption of the Declaration
Human Read the article on ABC News Online
Rights Read the coverage on HR Council Media centre
Council Read the indigenous peoples' closing statement
UN Special
Rapporteur
African You can read more about the process leading to the adoption of the Declaration on the
Commissio Noticeboard.
n on
Human and Background information
Peoples'
Rights The extreme human rights situations faced by indigenous peoples has already been clearly
Human recognised by states and the international community when they agreed to establish the
Rights Permanent Forum on Indigenous Issues and to appoint a UN Special Rapporteur of the
Committee Rights and Fundamental Freedoms of When the WGIP initiated the process of discussing t
Committee elaboration of specific standards for the world's indigenous peoples it was in recognition of
on the the fact that, despite international recognition and acceptance of the Universal Declaration
Elimination Human Rights, which guaranteed the fundamental rights of all human beings, indigenous
of Racial peoples' human rights remained, in practice, without specifically designated safeguards.
Discriminat
ion Over the years, indigenous peoples own organisations, NGOs, experts, UN officials and
2nd UN international institutions have documented the significant gap in existing international hum
Decade on rights law in relation to the protection of individual and collective rights of indigenous
Indigenous peoples. The draft declaration would go a long way towards filling this gap by affirming
Peoples indigenous peoples' rights to language; nationality; develop their political, economic and
Arctic social systems or institutions; protection and security in times of armed conflict; life, physi
Council security and liberty; the collective right to live in freedom, peace and security as distinct
Organisatio peoples and not to be subjected to any act of genocide or any other act of violence, includin
n of forcibly removing children of the group to another group; protection and conservation of th
American environment; education; participation in decision-making; self-government; cultural
States expression; and to own, use and develop lands, territories, and resources, which they have
traditionally owned, occupied, used, or acquired. It also essential to highlight that a key
aspect of the Declaration is to promote harmonious relations and mutual respect between
indigenous peoples and States.
Does the death penalty violate the HR of the person to whom it is imposed?
Does the American constitution support an activity which is a violation of Hr, and if so
ought it do so?
Against
Society must protect its morals by not
solving violence by encouraging more
violent acts.
No evidence it stops other committing
criminal acts. “Does the end justify the
means”
Watching a murderer die can cause more
grief for the family. Healing can not be
solved through violence it’s a lengthy
process.
Criminals often commit crimes due to acts
of rage/passion on impulse, heightened
sometimes by drugs and alcohol.
Murderers do not often think of the
consequences and are more concerned with
getting away with the crimes they commit
or do not expect to be caught. They would
not distinguish between life imprisonment
and death penalty. Death penalty
Life imprisonment more effective. Prisoner
serving life sentences settle into a routine
and are less of a threat to commit violence
than other prisoners. Most states have
sentences with no parole meaning a
criminal will never be released from prison.
Roman Catholic Church opposes thinks
should be replaced by imprisonment.
For
Society has the highest interest in
preventing murder, strongest punishment to
stop murder should be enforced.
1973 study by Isac Ehrlich research
showed every inmate executed, 7 lives
spared because other deterred from
committing murder.
“Justifiable retribution” appropriate
punishment for crime such as murder
“Vengeance Argument”. Restores the
balance showing that crimes are
intolerable. Closure for victims family.
Ernest Van den Haag professor of
Jurisprudence at Fordham University states
“even though statistical demonstrations are
not conclusive, and perhaps cannot be,
capital punishment is likely to deter more
than other punishments because people fear
death more than anything else. They fear
most death deliberately inflicted by law and
scheduled by courts. Whatever people fear
most is likely to deter most. Hence the
threat of the death penalty may deter some
murderers who otherwise might not have
been deterred. And surely the death penalty
is the only penalty that could deter
prisoners already serving a life sentence
and tempted to kill a guard, or offenders
about to be arrested and facing a life
sentence. Perhaps they will not be deterred.
But they would certainly not be deterred by
anything else.
Prevents the murderer from murdering
again by ending his/her life. Whereas
putting a robber in prison prevents them
from robbing again. Murderer can still
murder people in prison.
Islam (family right to pardon decide fate)
Qur’an opposes killing of one man is like

Hinduism opposes, criminals will be
punished in reincarnation next life
Death penalty might violate HR
Against US Constitution & Bill of Rights
Suppress political dissent Used to suppress
political dissent, not just for murder but can
be used to silence political rivals.
Discriminates against minorities and the
poor
Executions some wrongly convicted
EU and Council Europe require members
to abolish death penalty
6th & 13th Regional Convention Protocols
abolition of Death Penalty
Communal Justice System
Scenario 1
Large Community
Compensation, corporal punishment (imprisonment), Shunning, Banishment, execution
Scenario 2
Small communities
Usually hesitate to inflict death on another member of their community on a murderer.
Compensation & shunning would be enough. (Corporal punishment, banishment &
execution would not be practiced
killing all of human kind
Murderers will think twice about
committing a crime as they will lose their
own life as a result. Prevents the repeating
of a crime.
Protects law enforcers, prison guards
Mass murder, deserved 1 life exchange
148. Saddam case.
“Punishment Crime”
International Convent on Civil Political
Right accepts reservation on death penalty.
Historically part of communal justice
system since ancient times
Safety of non- murderers put in prison.
From those who have committed more
heinous acts.
Finality of the death penalty makes it more
feared than prison
Sparing the lives of a few prospective
victims by stopping murderers is more
important than preserving the lives of
convicted murderers. The lives of victims
who might be saved are valuable, that of
the murderer has only negative value,
because of their crime. Surely criminal law
is meant to protect the lives of potential
victims in preference to those of actual
murderers.
Scenario 3
Outsider in small community
Could even receive execution, corporal punishment or banishment for a simple act of
stealing a loaf of bread.

References

Dolhenty, J. (2006). Capital punishment and human rights. Retrieved November 11,
2006, from http://radicalacademy.com/capitalpunish.htm

Michigan State University (2000). Arguments for and against the death penalty.
Retrieved November 25, 2006, from
http://deathpenaltyinfo.msu.edu/c/about/arguments/

Smart, M. (2006). Amnesty Intenational: Amnesty international deplores death sentences

in Saddam Hussein trial. Retrieved November 14, 2006, from
http://news.amnesty.org/index/ENGMDE140372006
Most European and Latin American countries have got rid of the death penalty, while the
US, Guatemala and most Caribbean, Asian and African nation’s even democracies retain
it.

3,400 executions happened in China, which accounts for 90% of the world’s yearly total
in 2004. In the US Texas conducts more executions than any other state.

The death penalty for criminals under 18 (Juvenile offenders) has became rare. The only
countries which allow this practice are Bangladesh, Iran, Iraq, Nigeria, Pakistan, Saudi
Arabia, the U.S. and Yemen.

In 2002 the US Supreme court outlawed the execution of mentally retarded individuals.

Historically the Code of Hammurabi the earliest set of laws recorded dating around
1700BC do not endorse the death penalty. However the bible old testament applies the
death penalty for various crime such as murder, kidnapping, magic, violation of the
Sabbath, blasphemy and a wide range of sexual crimes. Evidence however suggests
executions were rare. In Ancient Athens Draco 621BC applied death penalty for several
crimes. In 18th Century Britain as few as 222 crimes were punishable by death; these
included simply cutting down a tree or killing an animal. In the 12 th century scholar
Moses Maimonides said
“It is better and more satisfactory to acquit a thousand guilty persons than to put a
single man to death.” Moses believed something that is an issue today that
conviction a mans right to live would be based on the judge and juries opinion which in
some cases could be biased if he did not come from the right social class.

Crimes punished by the Death Penalty

 Premeditated Murder
 Espionage
 Treason
 Military Justice (court marshal)
 Cowardice
 Desertion
 Insubordination
 Mutiny
 Sexual crimes (in some Muslim nations)
 Adultery
 Sodomy
 Apostasy from Islam –renounce religion
 Human Trafficking (China)
 Serious cases of corruption (China)
 You are in: Europe
Saturday, 13 July, 2002, 12:44 GMT 13:44 UK See also:
News Front
Page Q&A: International Criminal Court
The world's first 11 Apr 02 | Americas
permanent war crimes Historic day for international
court has been lauded justice
by many as a giant 14 Mar 02 | In Depth
step for humanity. It Where now for international
Africa will have universal justice?
Americas jurisdiction to 31 May 01 | Africa
Asia-Pacific prosecute genocide, South Africa concludes
Europe crimes against healing process
Middle East humanity and war Internet links:
crimes. The BBC's
South Asia diplomatic Rome Statute of the
UK correspondent, International Criminal Court
Business Barnaby Mason, examines the main issues
Entertainment behind the creation of the court. The BBC is not responsible
Science/Nature for the content of external
What is the court designed to do? internet sites
Technology Top Europe stories now:
Health
------------- To prosecute and bring to justice those responsible Prominent Kosovo suspect
for the worst crimes - genocide, crimes against held
Talking Point humanity and war crimes - committed anywhere in
------------- Turkey ups stakes on US
the world. troops
Country 'New Europe' backs EU on
Profiles It will be a court of last resort, intervening only when Iraq
In Depth national authorities cannot or will not prosecute. Omagh detectives make
------------- arrest
Programmes Aren't there already several international Beckham forgives Ferguson
courts? Blair keeps euro options
------------- open
Waiter jailed for underage
Yes, but they either do different jobs or have a limited sex
remit. Democratic test for Armenia
SERVICES
Daily E-mail The International Court of Justice (sometimes called Links to more Europe stories
News Ticker the World Court) rules on disputes between are at the foot of the page.
Mobile/PDAs governments. It cannot prosecute individuals.
-------------
The international criminal tribunals for the former
Text Only Yugoslavia and Rwanda do try individuals for crimes
Feedback against humanity, but only those committed in those
Help territories over a limited time.
LANGUAGES
The tribunals will eventually be wound up. The new
International Criminal Court, however, is a permanent
body.

Are there any time limits on what it

covers?

First of all, the court has no retrospective jurisdiction -

it can deal only with crimes committed after 1 July
EDITIONS 2002 when the 1998 Rome Statute came into force.
Change to
Then, the court will have automatic jurisdiction only
UK for crimes committed on the territory of a state which
has ratified the treaty; or by a citizen of such a state,
or when the United Nations Security Council refers a
case to it.

How will the system work?

The prosecutor will begin an investigation if a case is

referred either by the Security Council or by a
ratifying state. He or she can also take independent
action, but prosecutions have to be approved by a
panel of judges.

Both the prosecutor and the judges will be elected by

the states taking part in the court. Each state may
nominate one candidate for election as a judge.

Who has agreed to co-operate with the

court?

Seventy-six states have ratified the Rome Treaty so

far - and have therefore bound themselves to co-
operate - of the 139 that have signed and may ratify it
in the future.

Why isn't the United States involved?

During the negotiations on the treaty, the Americans

argued that their soldiers might be the subject of
politically motivated or frivolous prosecutions.

Various safeguards were introduced partly to meet

this objection.

Bill Clinton did eventually sign the treaty in one of his

last acts as president; however, the Bush
administration is adamantly opposed to the court and
to any dilution of American sovereignty in criminal
justice.

The US threatened to pull its troops out of the UN

force in Bosnia unless they were given immunity from
prosecution by the ICC. In a much-criticised decision,
the Security Council voted on 12 July on a
compromise that gives American troops a 12-month
exemption from prosecution - to be renewed annually.

Washington could decide to co-operate with the court

in particular cases, but members of Congress have
proposed measures to prevent that.

The court's operation will also be seen as weakened

without US involvement.

Are there other dissenters?

Yes, a number of important countries seem

determined not to submit to the jurisdiction of the
International Criminal Court.

Some have not even signed the treaty, such as

China, India, Pakistan, Indonesia, Iraq and Turkey.

Others have signed but remain dubious and have not

ratified, for example, Egypt, Iran, Israel and Russia.

It is unlikely that alleged crimes against humanity in

those states will be prosecuted.

Any other problems?

There is a danger that the court will be seen as

geographically unrepresentative and Western
dominated.

Only one Arab state has joined so far - Jordan - and

hardly any from Asia. European officials reply: "If you
want to influence the way the Court is run, ratify the
Treaty."

How does it fit in with each nation's

judicial system?

States that join the treaty will probably want to make

sure that they themselves are able to prosecute all
the crimes that it covers - otherwise the court may
intervene.

Some governments have already introduced

legislation to make changes to their own judicial
systems.

Who is paying?

The states which take part. This will be according to

the same rules that govern their contributions to the
UN - roughly based on their national wealth.

The absence of the US and Japan in particular will

make the funding of the court more expensive for
others.

Germany, France and Britain will be the largest

contributors, at least at first.

E-mail this story to a friend

 Human Rights 50.611

Linda Quayle

Response to Human Rights & Islamic

Scholars Conference with Cerritos +
Arcadia
September 13, 2006

Andrew Pirie
S2042232
Responses to Teleconference with Islamic & HR Scholars

A conference was arranged between Cerritos College (Los Angeles), Arcadia

University in Pennsylvania (near Philadelphia) and International Pacific College. An
Islamic scholar, an Islamic expert, and a doctor of human rights theology Judiah Pearl
teaching at UCLA where also brought into Cerritos as well as two human rights experts.
Issues discussed included the Israel/Palestine issue, the wall in Israel, educating followers
of Islam about the peaceful meanings of Jihad rather than holy war context, and the
historical basis of the Jews in Israel.
Good points where made. Although a lot of one sided arguments were also made.
The two human rights experts defended the right of Israel to exist and also strongly
defended US domestic and foreign policy. According to the Human Rights experts a
radical Islamic movement has filled the void with the collapse of Communism and the
fall of the Soviet Union. Technology has allowed terrorists to spread their message due to
the invention and utilization of the internet and cell phones. Terrorism targets innocent
people and terrorists generally have a social grievance. Terrorists are of the notion “My
grievances count others, grievances don’t”. This is demonstrated through violent acts and
anger by terrorists.
Whereas the Islamic experts felt that the situation of terrorism was not properly
dealt with by the United States government. In their view terrorism has only been dealt
with in a militaristic way but also should be dealt with through educational, economical
and spiritual means. The US has not focused on their goal of bringing the perpetrators to
justice as only 3 of the 25 members of Al-Qaeda responsible for the 9/11 incident have
been dealt with. Meanwhile 100,000 innocent people have died as a result of the
outcomes of this incident and the wars that followed in Afghanistan and Iraq.
The Islamic scholars pointed out that the US has supported undemocratic nations
such as Libya, Egypt and Saudi Arabia which has contradicted its statement of promoting
democracy.
The wall in Israel is restricting freedom of movement which is a universal human
right. A young student at Cerritos college of Palestinian origin wanted to go back to the
place where his father was born in Israel but was not able to do this as Israel has policies
in regard to movement of Palestinians. The HR experts unfairly criticized his right to visit
the nation and defended the restrictions put in place by Israel. Although they justified this
by stating that the right to defend one self (Israelis), is more important than the right of
freedom of movement (Palestinians). This is admitting that they condone an action which
is against the Universal declaration of Human Rights. The Jews in Israel have been
termed by Arabs as the New Nazis as they should be compassionate towards the
Palestinians after what happened to them during the holocaust. The Jews see the Arab
world as bullying them as an unwanted guest in the Middle East backyard, not dissimilar
to how the Nazis attitude toward Jews during World War II. The Jews in Israel according
to the HR experts are not colonizing Israel but simply home coming to rebuild an ancient
capital and country which traditionally belongs to them.
Cerritos students had studied the Quran. Most Muslims learn the teachings of
Islam in Arabic even if they do not know how to read Arabic. Muslims believe that
learning the Quran in Arabic script is the pure words of God. Reading the Quran in
English is considered purity has been lost in translation. Cerritos students pointed out
that Muslims denied that Jihad in the Quran was a term that promoted violence. The
student pointed out there was references to war and extermination of the Jews. The point
made is that Jihad is a way of thinking when the world was a more war like place.
Another student from Cerritos felt that the Quran and Islam itself should be reformed.
The Jewish and Christian church have already had major reformations of their ideas. The
Islamic scholars felt there was no need to reform the Quran as it was cause in purity
towards the true words of god. However doctor Pearl highly recommended that Muslims
in third world nations provide education about the relevance of Jihad in today’s world
and the use of Jihad as a peaceful term rather than a violent holy war. Dr. Pearl called for
moderate teachings of Jihad in the third world.
Though a lot of Muslims in the Middle East are anti American they are more than
willing to taken a green card to work and live in America. In summary American Foreign
Policy is not highly regarded by some Islamic groups but its American Domestic Policy
is undeniably one of the best in the world.
 Human Rights 50.611

Linda Quayle

Journal Assignment 1
September 13, 2006

Andrew Pirie
S2042232
Section 1
The three most important things I learned this half term.

1 Colonial era still causes problems for the modern era

2 Conflict between universal and cultural rights
3 Death penalty is a complicated matter

The colonial era has caused problems which are still evident in the world today.
Even though it developed long ago and has, to a considerable extent, been superseded
now, there are still disputes arising from its legacy which remain unsettled. European
powers established trade outposts in different areas of the world outside Europe and
eventually dominated them.. The prime function of these colonies was to supply the
'parent' country with natural resources to enrich commercial interests at 'home', and to
increase that country's power in relation to the other empire-building nations of Europe.
.
In colonies such as New Zealand, the colonial power, Great Britain, was reluctant
to assume control of New Zealand as it was very far from England and would be very
expensive to maintain. The Maori sought protection from the crown from settlers who
were seizing there land, the Maori agreed to the treaty of Waitangi. Even New Zealand
was by no means immune from some of the usual colonial exploitation of the indigenous
people. Although there was no genocide (as there was in Tasmania, for example) and no
slavery (as there was in the Belgian Congo or how the Spanish enslaved the South
America Indians) - only the Maori themselves in New Zealand practiced slavery, a
practice which died out with colonization), there were other abuses similar to those
practiced in most other colonies. New Zealand was never actually 'conquered' as such but
the early British settlers were able to obtain land very cheaply from the Maori in
exchange for items such as muskets or cigarettes, and in a number of cases trickery was
involved while in others land was seized unlawfully. Such grievances over 'native title;'
and indigenous land rights have persisted from the signing of the Treaty of Waitangi in
1840 to our own time. Similarly, indigenous cultural and spiritual icons and sites
(particularly burial sites and other tapu areas) were destroyed and are still sometimes
threatened today in New Zealand. Finally, Maori had imposed upon them the cultural and
religious values of the colonial power, though it is fair to observe that the missionaries
who were sent to convert them worked hard to learn and promote the indigenous
language and ably assisted the establishment of the Treaty of Waitangi.
There is a conflict between universal rights and cultural relativism. Universal
rights quite often clash with the laws of a culture, one example being a rule enforcing
etiquette in schools in not wearing head gear in the class room. In Islam it is part of the
religion for women to wear a burkha or head scarf. In France, Islamic woman were
recently told by authorities they were not allowed to wear their head scarves in class. This
led to mass protests amongst the Islamic community against the French government's
strict laws which undermine their culture/religion. The problem with Universalist rights is
who will enforce them? They tend to over-emphasize individual human rights (forego
environmental & religious rights), and break tradition. The problem with the cultural
relativist stance is that it conflicts with Universal standards. In the southern part of the
Philippines Mindanao a war rages between Abu Sayaaf an Islamic radical movement
supported by Al-Qaeda against the Philippine government. While Abu Sayaaf is
demanding a homeland based on cultural reasons for ethnic muslims. A lot of people in
this area of Mindanao Catholic and Muslim alike are willing to provide food and shelter
to the violent Abu-Sayaaf group. People in this region feel the Philippine government has
neglected development in the rural sections of the Philippines, and see the Abu-Sayaaf as
fighting an unjust corrupt central government.
The death penalty is a very complicated matter. A lot of countries have the death
penalty and 100 or so have banned it. This means that half the countries in the world still
enforce the death penalty. The Philippines after becoming the first country in Asia to
abolish the death penalty became one of the few anywhere to bring it back. In the
Philippines the death penalty is punishment for the crimes of murder, rape, treason,
kidnapping and selling drugs (even only possession of 750 grams of Marijuana)
(Gluckman, ¶1,15-16). From a religious point of view, it is only god who has the right to
condemn people to death, and from a judicial and moral point of view, innocent people
can also be sentenced to death (incarcerated on Death row). However someone who kills
innocent people and is proven a murderer has already taken a life and affected a lot of
innocent people so repaying this with their own life is a way to appease the families of
the victims. However a lot of people/countries argue that it would be a fairer punishment
to sentence murderers to life imprisonment instead. However, in doing so tax-payer
money would be spent on keeping murderers alive.
Section 2

Girl relives kidnap ordeal on TV

Interview clips

The Austrian teenager who survived more than eight years of captivity in an underground
cell has vividly described her imprisonment, in a TV interview.

Natascha Kampusch, now 18, told state broadcaster ORF that thoughts of freedom had
sustained her.

"I promised myself I would grow older, stronger and sturdier to be able to break free one
day," she said.

Her captor, 44-year-old communications technician Wolfgang Priklopil, killed himself

after her escape on 23 August.

'Claustrophobic'

In an interview watched by millions, Ms Kampusch described being imprisoned in a

small, windowless basement beneath Priklopil's garage in the commuter town of
Strasshof, 25km (15 miles) outside the capital Vienna.

"I was very distraught and very angry," she told ORF.
I knew when I fled that I was condemning him to death
Natascha Kampusch

TV interview: Key quotes

Interview fascinates press

"It felt very claustrophobic in that small room. I threw water bottles against the walls or
banged against them with my fists so that maybe someone could hear me."

She said she would have "gone crazy" if Priklopil had not allowed her out of the cell on
occasion, although this did not start until six months after she was abducted.

She told ORF that on trips out with her kidnapper, she had vainly attempted to attract
attention.

"I tried to give many people a sign... I tried to smile like I did on the photos (of her that
were broadcast after she disappeared) so people could remember my picture."

Wearing a purple blouse and a pink scarf over her hair, Ms Kampusch repeatedly shut her
eyes against the glare of the television lights during the pre-recorded 40-minute
interview.

ORF said her eyes were sensitive to light because she had been confined in darkness for
such a long time.

Birthday and Christmas gifts

Ms Kampusch told the interviewer she had celebrated her birthday, Christmas and Easter
with her captor, who gave her gifts.

"He obviously thought that he should at least give me some sort of compensation," she
said. "I think he had a very bad conscience, but he tried very hard to suppress it."

What 'dungeon' looked like

For the first two years, Priklopil did not allowed her access to the news, but he later let
her listen to the radio and read some newspapers.

"He read it, I read it... He always controlled everything," she said, adding that Priklopil
would always check the pages of the material he let her read, to make sure she had not
written any messages on them.

Her captor had told her he would kill himself - and others - if she escaped.

"I knew when I fled that I was condemning him to death," she said.

Ms Kampusch said she was now hoping to travel with her family and finish school before
going to university.

"I had all these thoughts about what I have been missing, like my first boyfriend and all
that. But I already personally fulfilled my biggest wish in the past few days - freedom!"

ORF said Ms Kampusch had decided which questions to answer and had refused to be
asked anything intimate. Police have said she may have had sexual contact with Priklopil,
but have refused to elaborate.

Within hours of her escape, Priklopil jumped to his death in front of a commuter train.

Escape details

Earlier, the weekly magazine News and the mass-circulation daily Kronen Zeitung
newspaper published separate interviews with her.

She told News she had dreamed about decapitating Priklopil.

"Sometimes I dreamt of chopping his head off, if I had an axe. I abandoned that idea
straight away, because I can't stand blood and I never want to kill somebody. But you see
how the brain works when it's looking for a solution?"

Ms Kampusch told the magazine that she was afraid for others after escaping.

"I wasn't scared - I love freedom and for me death is the ultimate freedom, the
redemption from him. But he said all the time he would first of all kill the neighbours,
then me and then himself."

Ms Kampusch recalled how people shrugged and walked on when she asked them for
help immediately after her escape.

She ran into a garden and knocked on the kitchen window of a house to attract the
attention of a woman inside, she said. Despite warning her that Priklopil could kill them,
Ms Kampusch said the woman was more concerned about preventing her from stepping
on the lawn.

Health concerns

News said it interviewed Ms Kampusch at Vienna's General Hospital, where a

cardiologist has examined her for possible heart trouble. She has said she had suffered
throughout her time in captivity from heart palpitations that at times made her dizzy and
blurred her vision.

Ms Kampusch has also said she often did not get enough to eat. She is reported to have
weighed 42kg (92lb) at the time of her escape - the same as her weight when she was
kidnapped.

News also quoted her as saying she wanted to become involved in two projects: "One for
women in Mexico, who are taken from their workplace, kidnapped, tortured and raped... I
want to help people starving in Africa, because I know from my own experience what it
is like to be hungry."

A psychiatrist treating Ms Kampusch said she was exhausted after giving the interviews.

Max Friedrich, who heads a 10-expert team of psychiatrists and psychologists attending
to Ms Kampusch, said it would take years for her to fully recover from her ordeal.

He said Ms Kampusch - who was 10 when she was abducted in March 1998 - "has not
adequately lived many phases of her life" and was still struggling with her identity as a
free person.
"Sometimes I dreamt of chopping his head off, if I had an axe. I abandoned that idea
straight away, because I can't stand blood and I never want to kill somebody. But you see
how the brain works when it's looking for a solution?"

Ms Kampusch told the magazine that she was afraid for others after escaping.

"I wasn't scared - I love freedom and for me death is the ultimate freedom, the
redemption from him. But he said all the time he would first of all kill the neighbours,
then me and then himself."

Ms Kampusch recalled how people shrugged and walked on when she asked them for
help immediately after her escape.

She ran into a garden and knocked on the kitchen window of a house to attract the
attention of a woman inside, she said. Despite warning her that Priklopil could kill them,
Ms Kampusch said the woman was more concerned about preventing her from stepping
on the lawn.

Health concerns

News said it interviewed Ms Kampusch at Vienna's General Hospital, where a

cardiologist has examined her for possible heart trouble. She has said she had suffered
throughout her time in captivity from heart palpitations that at times made her dizzy and
blurred her vision.

Ms Kampusch has also said she often did not get enough to eat. She is reported to have
weighed 42kg (92lb) at the time of her escape - the same as her weight when she was
kidnapped.

News also quoted her as saying she wanted to become involved in two projects: "One for
women in Mexico, who are taken from their workplace, kidnapped, tortured and raped... I
want to help people starving in Africa, because I know from my own experience what it
is like to be hungry."

A psychiatrist treating Ms Kampusch said she was exhausted after giving the interviews.

Max Friedrich, who heads a 10-expert team of psychiatrists and psychologists attending
to Ms Kampusch, said it would take years for her to fully recover from her ordeal.

He said Ms Kampusch - who was 10 when she was abducted in March 1998 - "has not
adequately lived many phases of her life" and was still struggling with her identity as a
free person.
http://news.bbc.co.uk/2/hi/europe/5319214.stm

Natascha in being held hostage has been deprived of some things which were
discussed in the first class lessons and considered essential by members of the class. She
has not had the opportunity to education and hence has had no official schooling since the
age of 10. She has been under fed (malnourished) and being deprived of the right to
health care.
Natascha's story is not dissimilar to the story “The Three Satans" was about a
prisoner-of-war in Cambodia under the Khmer Rogue. In Natascha’s case her kidnapper
was a bit more generous allowing her to venture out of captivity accompanied.
Looking at the articles in the Universal Declaration of Human Rights: Article 3:
Everyone has the right to life, liberty and security of person. Maybe she (WHO?) was
secure being held captive but she was not given liberty. Article 13 was broken, too: She
was not given the chance of freedom of movement. And Article 5 was also broken
regarding a healthy standard of living as she was under-weight and malnourished. Article
29, concerned with the full development of individual personality, was not adhered to as
she was distraught and suffered mental trauma from being in captivity for eight years.
Section 3: The Mission

Set in 1758 on the borders of Paraguay, Brazil, & Argentina in the area above the
great falls. It also features earlier missions such as the great Mission at San Juan. Scenes
are also set as Ascunsion, the capital of Paraguay.

1 Colonists thinking the Indians need their help

2 Jesuits trying to spread the Christian Religion
3 Savages viewed as wild animals

The colonists really think the Guarani (pronounced Warani), a sub-tribe of Tupi
Indians, need their help. Tupi were a group of tribes which were widespread throughout
the South American continent. The Spanish consider their way of life better. And from
what you can see in Ascunsion they are turning South America into another Spain. In
Ascunsion they have fiestas, with bulls and janissaries firing guns. They also have
introduced instruments such as the recorder and the violin. The Guarani who are captured
by slavers in Ascunsion act as carriers of goods and wear Spanish clothes and wigs.
Guarani usually do not wear many clothes owing to the tropical climate. The Spanish also
teach the Guarani how to sing Spanish songs very beautifully. The Guarani are seen as
barbaric because they practice cannibalism and even eat their own dead (Knight, ¶2). The
Guarani kill their third-born child as part of their culture.
The Guarani are a very remote tribe. The only way to reach them is by climbing up a
steep and very dangerous waterfall. This makes the Jesuit priests have to be extremely
brave as they risk their lives every time they climb the falls to get to them. The Jesuits
have already established missions at Great San Miguel, and allow the Indians to be self-
sufficient supporting by providing help in building banana plantations. Each mission
usually has a large church, and several buildings where the converted Indians spend their
days singing and learning about the word of God. The Guarani become so attached to the
mission above the falls that they say they don’t want to go back into the jungle because
the devil lives there. “..The Jesuits who are attempting to Christianize the native
Americans also defend them against slave traders” (Knight, ¶4).
A conflict evolves as the Portuguese have acquired through a treaty with the Spanish
the land where the Guarani mission is situated. The traders do not really care about the
rights of Indians and don’t see them as human beings. They see them as slaves and wild
animals.
“The larger portion of the population regarded it as a right, a privilege in virtue of
conquest, that they should enslave the Indians” (Knight, ¶4).
The Spanish authorities close down all the missions and take all the Indians away,
removing children from their parents, and massacre large numbers of Indians.
Bibliography

Gluckman, R. (2006). Waiting to go. Retrieved September 13, 2006, from,

http://www.gluckman.com/Death'Penalty.htm

Knight, K. (2003). Guarani Indians. Catholic Encyclopedia, Retrieved September 7,

2006, from, http://www.newadvent.org/cathen/07045a.htm

BBC News (2006). Girl relives kidnap ordeal on TV. Retrieved September 8, 2006, from
http://news.bbc.co.uk/2/hi/europe/5319214.stm
 Human Rights 50.611

Linda Quayle

Course Journal Part 2

November 20, 2006

Andrew Pirie
S2042232
Section 1

The most important theme we covered in the second half of the semester was the rights of
indigenous people. This is an important theme as it effects several interdisciplinary topics
environmental (as displayed with the destruction of the rain forest) and the connection of
native people to the land through subsistence living. This balance is broken when colonial
powers became involved. From a political view point Universal Human Rights of the
indigenous people and the conflict with religious and tribal rights. Also from an
economic point of view large multi national companies more so today than colonial
powers. Gaming companies in North America pay Native American tribes to setup
casinos and in South America large oil companies who give gifts to Tupi leaders in order
to mine oil off Tupi land.

In Siocon, Zamboanga in the Philippines, Anti-Mining groups have asked the

environment department to cancel the permit of Canadian silver mining company TVI
Resource Development Phil Inc. As according to the Siocenese the Mining Company has
violated a 1995 Philippine mining act and the Indigenous Peoples Rights Act as it failed
to get the consent of the indigenous group in Siocon. The Mining permit for the
Siocenese covers a closed area for mining; however the Indigenous people have an
ancestral domain claim for the area. TVI claims that its claim predates the Indigenous
people’s claim which was made recently. Tribal leaders have expressed they are against
continuing mining operations as the area is part of sacred mountain and the project has
displaced Subanens (Natividad, 2006, ¶1-5).
Section 2

Burma group hold prisoner protest

By Corinne Podger
BBC News

A group of activists have

begun what they hope will
be a week-long prayer vigil
in Burma to call for the
release of the country's
political prisoners.

About 1,000 people, wearing

white and carrying candles,
gathered at the Buddhist Aung San Suu Kyi has been under
Shwedagon pagoda in periodic house arrest since 1989

Rangoon.

The detained pro-democracy leader, Aung San Suu Kyi, is

among those whose release they are seeking.

Public protests and campaigns are rare in Burma, which is

ruled by one of the world's most repressive regimes.

The activists and their supporters were prevented from

actually entering the pagoda by security officials.

Instead, a brief prayer service was held in a public area just

outside.

The student group organizing I am not afraid... Not even

the prayer campaign is known
as the 1988 Generation. It
takes its name from the mass
national student uprising that
year, when the Burmese
army intervened to end calls
for a return to civilian rule.
a bit... Because we are just
expressing our goodwill and
sharing our love, there is no
reason for the authorities to
arrest us
Jimmy, campaign organizer

On Friday, the group asked leaders of other religious

organizations in Burma to hold vigils at their own places of
worship, from today until 4 November.

One of the organizers, who gave his name only as "Jimmy",

told the BBC they were not afraid of being arrested.

"I am not afraid of it. Not even a bit. We want peace and we
treasure it. Because we are just expressing our goodwill and
sharing our love, there is no reason for the authorities to
arrest us."
The United Nations believes that at least 1,000 political
prisoners are held in Burmese jails or under house arrest.

The activists want them all released, including the leader of

the National League for Democracy, Aung San Suu Kyi.

http://news.bbc.co.uk/2/hi/asia-pacific/6096666.stm

The right of freedom of movement has been abused. Mrs. Aung San Suu Kyi is a political

prisoner who was not given a fair trial and placed under house arrest. In Human Rights

this is known as arbitrary detention (Levin, 1996, p. 109) which comes under Article 9 in

the Universal Human Rights declaration. Aung San Suu Kyi has been placed under

house arrest several times from 1989-1995, 2000-2002, 2003- (put in prison 2002-2003)

(Bay Area, 2006, ¶4). Aung San Suu Kyi while not under house arrest from 1995-2000

was not allowed to leave Myanmar; she should have been allowed to apply for political

asylum in exile in another country.

On 28 November 2005, the National League for Democracy confirmed that Suu Kyi's

house arrest would be extended for yet another year. Many western countries, as well as

the United Nations, have expressed their disapproval of this latest extension.

On 28 May 2004, the United Nations Working Group for Arbitrary Detention rendered an

Opinion (No. 9 of 2004) that her deprivation of liberty was arbitrary, as being in

contravention of Article 9 of the Universal Declaration of Human Rights (UDHR)1948,

and requested that the authorities in Burma set the prisoner free, but the authorities have

so far ignored this request. Reports show there are between 1,300 and 1,4000 political

prisoners in Burma (McCarthy, 2006, p. 420).

The Burmese government themselves are condemned by the United Nations as being

responsible for “Crimes against Humanity” and systematic abuses of human rights

(Burma Campaign, 2006, ¶1). In a Depayin massacre 100 of Aung’s supporters were

beaten to death by the Burmese government which is an act of genocide (Bay Area, 2006,

¶4). The military government refused to legitimately transfer power to the elected

government of Aung Suu Kyi when she won the 1991 election. Article 21 states everyone

has the right to take part in the Government of their country directly or through freely

chosen representatives. Suu Kyi’s government won 80.8% of the votes in the 1990

election (McCarthy, 2006, p. 418). The people’s choice of Aung Suu Kyi’s government

was not respected. Articles 18 of UDHR states that everyone is entitled to freedom of

thought at Depayin Aung’s supporters were protesting peacefully expressing their views.

It also violates the UDHR as it states in Article 20 everyone has the right to freedom of

peaceful assembly and association (Levin, 1996, pp. 115, 118).

Section 3: The Constant Gardner

A. Which human rights themes are illustrated in the movie you have chosen?

The movie portrays the violation of key universal human rights laws, these include under
Article (states life liberty or security of a person who is threatened). The Kenyans who
were getting given medicine lives were put in jeopardy as in a lot of cases the medicine
being administered was not approved or tested and was even harmful to them. The
Pharmaceutical companies were committing acts of low key genocide.

TESSA
“What if I told you that poor girl over there was being murdered would you
believe me?”
“I’m talking about coincidences. Busy busy busy coincidences in white coats.”

Article 5 of the Universal Declaration of Human Rights states no one shall be

subjected to torture or cruel, inhuman or degrading treatment or punishment. The
Kenyans were tested on like animals by the Pharmaceutical companies without being
told and this degrading treatment affected their health.
JUSTIN
“What does “IC” Mean
DOCTOR
“Informed Consent. It means she consented to treatment. They have family
medical entitlement.”
JUSTIN
“What treatment? (off his silence) Dypraxa?
DOCTOR
“Yes”
JUSTIN
“And if they don’t consent? they lose the right to medical care?

Before Justin can question him any further a police car, summoned in response to
phone calls draws up alongside. As Justin looks back Kioko is being talked to by a
second police man. Justin is taken into custody and interrogated by Kenyan police. His
colleagues from the British high commission come and bale him out (Caine, 2005, pp.
58-60).
1st Week

 Guest speaker Sir Kenneth Keith from the international court of Justice.
 New Zealand‟s first chief Judge on the ICJ.
 Beginning 9 Year term.
 Former President of the NZ Review
 Talk on the ICJ
 ICJ Based in the Hague
 Worked on the fore shore and sea bed case

“The rule of law is preferable to the rule of an individual”

 Control power
 Control Succession
 Right of self defense

Court deals with

 Human Rights
 Environments
 Weapons of Mass Destruction

Implementation
 2003 law to govern warfare satisfactory not implemented properly.
 Ukraine and Romania dispute for control of the Black Sea
 Communist states involvement in the ICJ

 1899 (PCA) Permanent court of Arbitration

 European court of Human Rights.
 Law of the sea tribunal (Hamburg) last 20 years over Yellow Fin Tuna in
NZ/Japan

International Criminal Tribunal (INDV) Yugoslavia

W.H.O. International Health rewritten

22/8/06

We interacted with other class mates to have a general overview of „The Human Rights
topic‟ Also we watched a video of Kim Hill interviewing Mary Robinson former head of
the UN human rights movement. The key issue discussed is restricting rights of citizens
in US to combat terrorism the night think to do. Mary Robinson strongly disagreed with
total war being used as a way to combat terrorism instead it should be alone through the
courts.
25/8/06

 Khmer Rogue recounts 75-79

 Human Rights outline rules formation
 Video – Jews WII rounded up different nations Nazi conquered exterminated
 Codes of conduct
 Sovereignty – clashes with the international genocide human rights law
 Mountain people of Vietnam
 Human rights – right to vote is in declaration clashes with governments not
democracies

29/8/06
World Civilization Class Cerritos

Students from
 Egypt
 India
 El Salvador
 Cuban American

 Other points of view (American)

 Development of Human Rights throughout History
 H.R. Cultural issue

 Video conferencing (Cerritos)

 3 global teleconferences – guest speakers (Islamic scholars)
Immigrant Students Reasons for coming to America
 Emigrate – escape wars, better scholarship opportunities, better life.
 Economic reasons
 political views

Immigration issue (Maywood town protesters on each side)

1/9/2006
FOR PROJECT

Are group took the perspectives of 21st century people analyzing disputes between
Natives and Explorers

THEN – Slaves
NOW –
Child Labour
Sweatshops
Genocide
Border-disputes Africa clumping tribes into countries
Loss of culture, some languages land claims
Apartheid
Stealing resources
(Kosovo)

1) People movements
2) Land issues in NZ
3) Economic impacts
4) Loss of culture, language
5) Segregation/Apartheid
6) Treaty issues e.g. Waitangi
7) Ethnocentrism Sovereignty/Colonial stereotypes

EIT = Enhanced Integration Techniques formal name for torture

Word Count S1 292 + S2 368 + S3 267 = 927 words total not including References and
article

References

Bay Area Web Design (2006). Brief biography of Aung San Suu Kyi. Retrieved
November 11, 2006, from http://www.thefreedomcampaign.org/biography.php

Burma Campaign (2006). Campaigning for human rights and democracy in Burma.
Retrieved November 11, 2006, from http://www.burmacampaign.org.uk/

Caine, J. (2005). The constant gardener the shooting script. New York, NY: New Market
Press

Levin, L. (1996). Human rights: Questions and answers. Paris, France: UNESCO.

McCarthy, S. (2006). Prospects for justice and stability in Burma. Asian Survey, 46/3,
417-436. Retrieved November 6, 2006, from
http://caliber.ucpress.net/doi/pdfplus/10.1525/as.2006.46.3.417

Natividad, B.T. (2006). Cancellation of TVI's mining permit sought. Retrieved October
28, 2006, from Proquest 5000 Database.

Podger, C. (2006). BBC news: Burma group hold prisoner hostage. Retrieved October
29, 2006, from http://news.bbc.co.uk/2/hi/asia-pacific/6096666.stm

Williams, S.C. (Producer) (2005). The Constant Gardener. [DVD]. Los Angeles: Focus
Features.