Transcript What parliaments can do to promote good governance

Parliament and
Human Rights
What are Human Rights?
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Universal set of rules founded on core values:
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Freedom
Equality
Justice
Insists on equality of treatment for all
Abhors discrimination against anyone
Guarantees entitlements & freedoms for every
human to live a life of dignity & realize one’s full
potential.
Basic Human Rights
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Freedom from fear & want
Equal treatment without discrimination
Protection from cruelty & degrading treatment
Equal opportunities for the pursuit of livelihood
Freedom to own & dispose of property
Good health & receive care & treatment when ill
Education
Shelter
Free & open expression
Freedom of religion
Justice & remedy when entitlements are violated
What do Human Rights do?
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Benefit nations & people
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Levels the playing field
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Protects the vulnerable from exploitation
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Protects those with unequal power from abuse
The Principles of Human Rights
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Universal: Equal to all, no matter religion,
race, nationality or socio-economic status
Interrelated & Indivisible: Each depends
on another, must be realized together, none
can be prioritized over another
Inalienable: Innate to all humans & cannot
be exchanged or traded away
Human Rights & the UN
Charter
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Permeates
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foreign relations
aid
trade negotiations
Every UN nation member must adhere to UN Charter:
“…faith in fundamental human rights, in the dignity and
worth of the human person, in the equal rights of men
and women and of nations large and small…”
Adopters of the Universal
Declaration of Human Rights
Afghanistan
Denmark
Iraq
Paraguay
Argentina
Dominican Republic
Iran
Peru
Australia
Ecuador
Lebanon
Philippines
Belgium
Egypt
Liberia
Siam
Burma
El Salvador
Luxembourg
Sweden
Bolivia
Ethiopia
Mexico
Syria
Brazil
France
The Netherlands
Turkey
Chile
Greece
New Zealand
United Kingdom
China
Guatemala
Nicaragua
USA
Colombia
Haiti
Norway
Uruguay
Costa Rica
Iceland
Pakistan
Venezuela
Cuba
India
Panama
The Vienna Declaration &
Program of Action, 1993
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Where: World Congress on Human Rights in Vienna
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When: 1993
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Who: 7000 delegates+, 171 UN States, 840 NGOs
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What: Program to make human rights a reality
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Civil, political, economic, social & cultural rights
Right to all peoples & nations for:
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Safe environment & sustainable development
Claims of marginalised communities to special treatment
Human rights reaffirmed as central to all UN organs
Democracy & Human Rights
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Human Rights requires:
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Democracy & the rule of law
Expression without fear
To seek and receive information
To form associations & assemble in peace
To discuss public affairs amongst others
Both democracy & human rights aim to:
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Uphold dignity of every individual
Ensure that weak voices are heard.
Ensure freedom, equality, fraternity, diversity and justice
Democracy & Human Rights in
the Commonwealth
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Harare Declaration endorses human rights &
democracy across Commonwealth
Commonwealth
recognizes
representative
democracy must be substantive & participatory
Democratic parliamentarians:
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promote welfare
reject discrimination
facilitate development, equity & justice
encourage civic participation
5 Pillars of Good Governance
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Transparency in decision-making
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Ensuring people’s participation
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Responsibility in the exercise of power
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Accountability of the decision-makers
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Responsiveness to people’s needs
Diagram of Good Governance
Pillars
Accountability
Participation
Responsible
Good
Governance
Responsive
Transparency
Human Rights is Pro-Poor
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Policymakers must recognize poverty as a denial of
human rights.
In poverty people are deprived resulting in:
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Homelessness
Lack of education
Poor-health
Lack of opportunities for livelihood
Inability to access public services or indeed justice itself.
Each is a human rights violation.
Approaches to Poverty
Rights-Based Approach
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Welfare Approach
Plans for development
targeting the vulnerable;
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Right to live free of
poverty;
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Provides for all
stakeholders as enshrined
in law.
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Giver determines level of
generosity;
‘Reduction’ not
‘eradication’ of poverty;
Reinforces dependencies
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state
is
poor’s
benefactor.
Role of Parliament
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Designs development & poverty eradication
policies
Tasks & choices for development include
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economic growth;
equitable distribution of wealth; and
social justice.
Poverty & The Commonwealth
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1/3 of Commonwealth citizens live on > US$1/day
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Poverty is a violation of human rights.
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Human rights ensure needs are fulfilled
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Poverty traditionally guided by ‘welfare’ approach
South Africa & Uganda &
Human Rights
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South Africa & Uganda recognize human rights as:
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Food
Housing
Health care
Education
Clean & safe environment
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Written into constitutions
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State legally obligated to provide for all citizens.
International Human Rights
Standards
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State has central role in protection, promotion &
fulfillment of human rights
State has responsibility to ensure its agents follow
international standards
Transnational corporations & others also have
human rights norms.
Standards impose duty on in-country law-making
bodies at national or provincial levels
Universal Human Rights
Standards
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United Nations (UN): The main international
framework for human rights.
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Inception in 1945
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Affirms commitment to human rights.
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The Universal Declaration of Human Rights.
Universal Declaration of
Human Rights
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Who: Adopted by UN General Assembly;
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When: 1948
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What: A statement of principles to prevent
atrocities of repeat world wars.
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All international treaties & declarations on human
rights emanate from UDHR.
Outlines minimum standards of human rights
The Process of Committing to
International Movements
Signature: Pledges state support for treaty
Ratification: The State is legally bound by treaty
obligations.
Head of State
Parliament
Accession: Similar to ratification, legally binds the State
for states that had not previously signed treaty
Reservations
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May reserve a treaty during ratification
Ask to not adhere to particular article, section
or clause in the treaty
Do not confirm with customary laws or
constitution of that country
Reservations allowed if:
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not prohibited under treaty
if not incompatible with purpose of treaty.
The International Bill of Rights
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Comprises
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The Universal Declaration of Human Rights
The International Covenant on Economic, Social and
Cultural Rights
The International Covenant on Civil and Political
Rights
Non-Derogable Rights
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Life
Freedom from torture
Freedom from enslavement
No imprisonment for debt
No retroactive penal laws
Recognized before the law
Freedom of thought, conscience & religion
Seven Core Human Rights
Treaties
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Committee on the Elimination of Racial
Discrimination
Committee on Economic, Social and Cultural Rights
Human Rights Committee (HRC)
Committee on the Elimination of Discrimination
against Women (CEDAW)
Committee against Torture (CAT)
Committee on the Rights of the Child (CRC)
Committee on Migrant Workers (CMW)
International & Regional
Human Rights Regimes: UN
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Charter-Based Bodies
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Special Reporters on freedoms (food, etc.)
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Working Groups on issues
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Sub-Commission on Human Rights
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Office of the High Commissioner for Human Rights
(OHCHR)
Other Charter-Based Bodies
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General Assembly (GA)
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Security Council
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The International Court of Justice (ICJ)
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Economic and Social Council (ECOSOC)
UN Specialized Agencies
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The International Labor Organization (ILO)
UN Educational, Scientific & Cultural Organization
(UNESCO)
The United Nations Development Program (UNDP)
United Nations Children's Fund (UNICEF)
The UN High Commissioner for Refugees (UNHCR)
The World Health Organization (WHO)
The Food and Agriculture Organization (FAO)
The CHOGM Statements
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Declaration of Commonwealth Principles (1971)
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Lusaka Declaration on Racism (1979)
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Harare Commonwealth Declaration (1991)
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Fancourt Declaration on Globalization and People-Centered Development
(1999)
Coolum Declaration: The Commonwealth in the 21st Century: Continuity and
Renewal (2002)
Aso Rock Commonwealth Declaration on Development and Democracy:
Partnerships for Peace and Prosperity (2003)
The Millennium Development
Goals
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Eradicate Extreme Hunger and Poverty
Achieve Universal Primary Education
Promote Gender Equality and Empower Women
Reduce Child Mortality
Improve Maternal Health
Combat HIV/AIDS, Malaria and other Diseases
Ensure Environmental Sustainability
Develop a Global Partnership for Development
African Regional Structures for
Human Rights
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African Union (AU)
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African Charter on Human &
People’s Rights
African
Commission
on
Human & People’s Rights
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Protocol to African Charter
on Human & Peoples' Rights
on the Establishment of an
African Court on Human &
Peoples' Rights
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Protocol
Charter
Peoples'
Rights of
to the African
on Human and
Rights on the
Women in Africa
African Charter on the
Rights and Welfare of the
Child
African
Peer
Review
Mechanism (APRM)
Inter-American Human Rights
Mechanisms
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Organization of American States (OAS)
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American Declaration of the Rights and
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Duties of Man
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Inter-American Commission on Human Rights
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American Convention on Human Rights
European Human Rights
Mechanisms
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European Union (EU)
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General Affairs and External Relations Council
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Convention for the Protection of Human
Rights and Fundamental Freedoms
European Court of Human Rights
Parliament & Human Rights:
Parliamentary Immunity
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MPs free to express views in House
Must be assured freedom from criminal prosecution,
civil suits or unwarranted disciplinary action for free
and frank expression of their views in parliament.
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Immunity assured through law
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Derogation impairs quality & candidness of debates
The Executive Office & Human
Rights
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Executive = Cabinets or President & advisors
Executive
Positions
appoints
Advocates
to
A Human Rights Supportive Foreign Policy
Key
Ministers & Human Rights
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Need for rights friendly rulemaking
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Bureaucrats can stifle change through rule-making
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Parliamentary system ministers supervise government
departments.
Human rights are better protected when civil servants
are aware minister understands standards
Human rights units & committees to review complaints.
A Special Role for the
Opposition
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Opposition call government to account
Call for greater human rights standards by
police, army & paramilitary forces
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Take bi-partisan approach to HR proposals
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Promotes concept of universal human rights
Civil Society & Parliament:
Working together for HR
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Civil society promotes human rights internationally
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Sustained campaigns: e.g. women’s, child rights
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Brings geographical solidarity
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Commonwealth: Civil society groups accredited
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more access to official Commonwealth meetings
Sometimes there are policies between govt & CSO
The Media, Parliament and HR
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Media promotes human rights.
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spreads awareness
pressuring key stakeholders
In some countries relationship is difficult
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Government reluctant to see media as allies in HR
Laws prevent media from reporting HR violations
Inter-Parliamentary Dynamics
for Human Rights
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Non-partisan human rights groups within
parliament
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All-Party Parliamentary Human Rights Group in UK
Amnesty International Parliamentary Group
(AIPG)
International
parliamentarians.
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associations
for
Inter-Parliamentary Union (IPU)
Commonwealth Parliamentary Association (CPA)
Reporting to Treaty Bodies
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Every UN core treaty has a human rights
committee
Treaty Monitoring Bodies
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experts nominated by States
each ratifying country must report
Committee reviews reports, dialogues &
prepares ‘Concluding Observations’
Passing Legislation for Human
Rights Will…
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Ensure international HR standards are met through domestic
legislation.
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Enshrine HR in constitution (Bill of Rights)
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Pass complementary legislation
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Ensure other legislation meets HR standards
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Promote pro-human rights budgets
Support judiciary to promote & protect HR
Parliamentary Committees &
Human Rights
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Workhorses of parliament
Impractical for whole parliament to undertake
oversight tasks, so committees:
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Review legislative proposals
Scrutinize budgets
Examine policies & programmes of departments
Keep effective surveillance over government.
Committees recommend amendments to legislation
May be ‘standing’, sub-committees, or ad hoc
Establishing National Human
Rights Bodies
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Parliament creates agencies promoting &
protecting human rights.
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National Human Rights Institutions
Ombudsmen
Specific sectoral commissions
Law commissions
Many under-resourced
National Human Rights
Institutions
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Paris
Principles:
internationally
recognize standards
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Independent, guaranteed
Autonomous
Plural & diverse
Broad mandate
Powers of investigation
Sufficient resources
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Commonwealth:
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Best Practice
Abuja Guidelines
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relationship
between
govt,
parliament, and intl
bodies
 suggestions for further
developing
this
Commonwealth
relationship
Corporations & Human Rights
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Working Groups on transnational corporations
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Brings corporations into HR regime
Sub-Commission adoption of UN Norms on
responsibilities of transnational corporations & other
business enterprises with regard to HR
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coherent & comprehensive list of company HR obligations
No new legal obligations
Commission considers & adopts norms