Human Rights Exam 1

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How and why did WWII impact the global perceptions of HR?

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Holocaust response with trials of perpetrators because guilt and victory.

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Three obstacles faced after WWII

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1. Lack of International Law 2. Crimes against humanity were ex-post facto 3. Victors' justice (creates problems of legitimacy)

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The Universal Declaration of Human Rights

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(1948) States have the exclusive responsibility to protect these HR; Technically not a treat, 30 articles, Covers C/P and ESC rights, HR universal and individual

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Statists

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Principle actors are states, relativist position

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Internationalists

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Principle actors are states but also an international society of states (ISS)

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Cosmopolitan

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Principle actor is individual, HR are a concern of everyone (Universal Position)

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Some problems encountered in protection of HR

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Obstacles to UN peacekeeping missions, UN dependence on the support and compliance of member states (UN Security Council), Problems of consistency (often conflicts)

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ICCPR

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(1966) International Convention on Civil and Political Rights-- A multilateral treaty signed by the UN, includes individual rights like right of life, freedom of religion, freedom of speech, freedom of assembly, rights of due process, etc.

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ICESCR

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(1966) International Convention on Economic, Social, and Cultural Rights-- Includes labor rights, rights to health, education, and an adequate standard of living

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Donnelly- What are rights?

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A special entitlement one has to something (i.e.- property, liberty, etc.)

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Donnelly- What are Human Rights?

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Rights held by people regardless of their Identity/Citizenship (Universal)

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Donnelly- Human Rights Claims

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Positive Rights (Economic, Social, and Cultural rights) the govt. has to help; Negative Rights (Civil and Political rights) we are guaranteed freedoms FROM the govt.

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Theoretical Justifications of HR

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-Scientific -Philosophical (Marxism, Liberalism, Utilitarianism)

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Scientific Theory

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Humans have the right to necessities

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Philosophical Theories

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Marxism- class based system, materialistic; Liberalism- Focusing on the rights of the individual; Utilitarianism- Goods based vs. Rights based, what's morally right is generally happier

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Donnelly Advocates

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(Thick argument) HR necessary to protect individuals from threats to their dignity (location, level of development, civil war, groups affected)

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Constructivist Argument

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HR is a social construct (slowly over time) HR as part of a learning process influenced by historical factors such as the Industrial Revolution

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Cultural Relativism

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Legacy of colonialism, National pride, role of the US, Issues of hypocrisy, lack of grassroots support, political actors use to justify misbehavior

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Asian Cultural Values

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HR interfere with economic development and state sovereignty; ESC rights above CP, HR place too much emphasis on the individual, HR are a matter of social duty, HR threaten order and harmony

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Global HR Regime

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Associated with UB, focus on big picture and mass-scale, the need continues

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Regional HR Regime

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More luck because they're localized within certain countries bound by similar experiences

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European HR Regime

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Enforcement-- European Court of HR, Binding; EU is another example

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American HR Regime

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Promotional-- weak-monitoring, non-binding, strong US hegemon explains success

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African HR Regime

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Declaratory-- No enforcement, no decision-making institutions

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Genocide Convention Regime

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Fairly weak, relies on deterence

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Arguments against linking foreign policy with HR

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Realist (POWER, relative gains, Intl. system of anarchy meaning there's no world govt., states concerned about their power), Cultural Relativist (Every state has right to determine its own govt. polic, HR, etc. This allows bad practices, Self-determination) , and Statist (Maintain sovereignty) arguments

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Donnelly's response to Foreign Policies

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If HR is purely domestic then what explains international consensus on HR? Sovereignty isn't an "absolute." Treatis mean you're agreeing/not agreeing to do something. Doesn't require military intervention.

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Ignatieff- What are Human Rights and what do they protect?

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Civil and Political rights (Negative and thin), they protect Agency (capacity of individuals to achieve their rational intentions)

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What type of HR model does Igantieff support?

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Relativistic (mostly weak relativest), NOT universalistic

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According to Ignatieff, quality of life rights are relative (up to the state) as long as...

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1. people accept something as "general consensus," then it's OK 2. Moral Pluralism-- When is ok if it's the general consensus? Torture? Stoning? Where and who draw that line?

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Ignatieff on Religion

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Religion places too much emphasis on collective, can become a form of suppression (Groups may have a right to practice its religion, but members of the group do not have to practice the religion if they don't want to; Individual agency within the group)

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Igantieff on NGO's

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Limited role for NGO's, Some room but not huge, they have to respect state sovereignty, They can actually make stability worse

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Ignatieff on Self-Determination

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Good or not depends on how much is disrupts political stablilty

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Ignatieff- What is the chief threat to HR

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Political Instability (Not necessarily democracy)

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Ignatieff "Camp"

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Internationalist-- states are primary actor, but international society of states, "set of norms"

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Ignatieff on Military Intervention

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Intervention to protect HR when a BIG group of people is affected or the state can't take care of its people anymore (must be mass scale bad stuff), In US have to have public support, good military, exit strategy, vital national interest)

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Orentlicher's Solution to Ignatieff's relativist challenge

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Procedural Inclusiveness and Transnational Collaboration

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Procedural Inclusiveness

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Need to include more countries in the negotiation (or renegotiation) of HR treaties.

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Transnational Collaboration

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Strategies of cooperation to ensure compliance with HR treaties.

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Orentlicher on Religion

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Religion can increase the legitimacy of HR

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Sen's view on Rights: ESC or CP?

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CP rights are fundamental- strong connections between CP rights and ESC rights (Democracy and poverty, importance of media)

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Roth's views on appropriate strategies for HR NGO's

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Promotion Methods of ESC rights: Encouraging countries to respect these rights, Promoting ESC rights through litigation or lobbying, Pressing govt. to adopt plans to progressively realize ESC rights, Technical assistance, INVESTIGATING SHAMING EXPOSING (Success varies depending on how clear and specific the NGO is, Easier to shame for violations of CP rights than ESC rights)

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Rubenstein's views on appropriate strategies for HR NGO's

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1. Become more involved with domestic NGO's 2. Advocate for resources necessary to fulfill ESC rights 3. Monitor governments, make sure they fulfill their obligations (He's an internationalist)

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The Spiral Model

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How the socialization process works in progress--- 1.Repression 2.Denial 3.Tactical Concessions 4.Prescriptive Status 5.Rule Consistent behavior

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Denial

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Important part of process because they're internalizing norms. But difficult to overcome because denial can continue for a long time, opposition group can be wiped out!

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Tactical Concessions

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Doing enough to get international community off their back. Purely instrumental, hybrid democracy. *Use of violence can increase at this stage against opposition groups.

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Prescriptive Status

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Not necessarily told, Embedded acceptance of norms, Actually mean changes

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The boomerang effect

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Domestic actors bypass government and look toward NGO's, third-party states, etc. for help and support to pressure govertnment. Govt. will respond by denial, more repression, or change.

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Uganda Spiral Model

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Obote and Amin repress nation, Denied allegations and threatened to expel all British nationals (Good about paying debts so intl community didn't push), International lobbying for freedom from torture and arbitrary arrests, Intl. community cut off diplomatic not trade relations, Uganda possibly bypassed the Tactical Concessions stage because of Museveni, Prescriptive Stage- Lord's Resistence Army but cooperation with ICC is a good sign

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Kenya Spiral Model

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Moi and single party regime, Norway first country affected by Kenya's HR violations, Individual lawyers and church officials became the first critics of the regime, Claimed self-inflicted abuses, Kabaki is now the President, Stuck in Stage 3 (decentralized power with pres. and prime minister)

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South Africa Spiral Model

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1. Sharpeville and apartheid more gernerally, Pan-African Congress protests, police over-react killing 69, Other African countries call it an Anti-Colonial movement, *Constructive Engagement- rather than sanctions, dialogue 2. "Spear of the Nation," ANC becomes militant, argued principles of non-interference 3. Intl. response increases, Govt. "reforms," continued repression 4. Negotiated transition, Sanctions influenced Players, Process, and Principles of negotiation 5. SA now rule-consistent

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Morocco's Spiral Model

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1. targeting opposition, torture, arbitrary arrests, etc. the cause was people responded and govt. took out anyone who did, large emigrant communitiy, so transnational advocacy communication 2. Principle of non-interference, then king began dialogue with NGO's, pressure continued from advocacy groups 3. More substantive than normal, govt. formally allowed political opposition, started a department for HR 4. Post 9/11 power has reve3rted back to king with crackdown on fundamental Islamists (possibly going backwards to stage 3)

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Tunisia's Spiral Model

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1. Disappearances, torture, etc. 2. Skipped (problematic because it starts intl dialogue) 3. Signed HR treaty, backed by state, wanted regime change, effectively pressured Bourguiba to step down, Ali Pres.- Authoritarian leader

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Radical Cultural Relativism

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Culture is the sole source of the validity of a moral right or rule.

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Radical Universalism

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Culture is irrelavant to the (universal) validity of moral rights and rules.

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Strong Cultural Relativism

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Culture is the principle source of the validity of a moral right or rule.

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Weak Cultural Relativism

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Culture is a secondary source of the validity of a moral right or rule.