1.WHY IS THE GOVERNANCE OH HRN SO COMPLEX
WHAT ARE HUMAN RIGHTS
HUMAN RIGHTS = the basic freedoms and rights to which all human begins ae entitled. They
are always applicable and, in all places, and they protect everyone equally, without
discrimination.
- Apply regardless of where you are from, what you believe and how you choose to live life
- They can never be taken away, although can be restricted if a person breaks the law, or in
interests of national security
HUMAN RIGHT - NORMS
- First was the adoption of the Universal Declaration of Human Rights in 1948
- Little evidence to suggest that all nations observe all principles of international law
all the time
- The norms can be found in a variety of international human right instruments
including:
o The Universal Declaration of Human Rights
o The International Convection in Civil and Political Rights
o The International Convention on Social, Economic and Cultural Rights
HUMAN RIGHT - INTERVENTION
Intervention = action of state, group of states in a foreign territory to end gross violations of
human rights. This includes military force, economic sanctions and assistance by NGOs
Global governance (geopolitical intervention) = example of intervention by the global
community, attempting to regulate issues, such as human rights, sovereignty and territorial
integrity – globally agreeing on the same things - NATO
Humanitarian intervention = action taken by a single state to protect people at risk from war,
famine, flood, genocide
Global governance of human rights is therefore complex and multifaceted: it can involve direct
physical intervention as well as the application of a growing number of human rights norms, laws
and treaties or conventions, plus the work of civil society.
- UN does not have military, but they deploy workers and troops drawn from a range of
countries
- Military presence used to protect citizens from HR abuses
- Controversial as military cannot use military force unless themselves threatened
- Its task is to monitor the situation, attempt to empower populations to assert their human
rights obligations and strengthen rule of law
Intervention is the use of military force by a state or group of states in a foreign territory to end
gross violation of fundamental human rights of its citizens. It can be due to abuse such as:
o Genocide
, o War crimes
o Ethnic cleansing
o Crime against humanity
- Only the UN Security Force can legally authorize use of force
- Can have immediate benefits for local communities and contribute to longer term socio-
economic development and political stability
- Can result in injuries and deaths of civilians, loss of homes and population displacement.
May result in an increase in human rights abuse, further injustices and widening the socio-
economic inequalities which may already exist in the country. Damage to vital
infrastructure. Increased poverty as economic sanctions increase food and fuel prices
- The UN co-ordinates the input of many agencies and organizations in the affected areas –
regional organizations such as NATO, OSCE and the ASEAN Intergovernmental
Commissions on Human Rights. Non-governmental organizations such as ICRC and Oxfam.
Public-private partnerships such as Gavi Alliance
- It can also include NGOs, private enterprises and human right activists working with local
communities and national governments
EXAMPLE – Rwanda (1990s)
- Mission UNAMIR that intended to keep Hutu and Tutsi from massacring each other
- Failed miserable in 1994 as up to 800,000 Rwandans died
- Seeing the withdrawal of peacekeepers, the genocides felt vindicated and commenced
their slaughter
HUMAN RIGHTS - GEOPOLITICS
- Geopolitics = the global balance of political power and international relations
- Positive correlation between political power and economic power especially in terms of the
relative wealth and international trade strength of nations and groups of nations
- China has positive trading relationships with many countries resulting is political
importance. Rapid expanding economy, highest population, size (resources, borders)
- World order is changeable = geopolitical transitions. E.g., Cold War 1946-1989 – dominant
superpowers were USSR and USA
The geopolitics of intervention in human rights issues requires an understanding of:
- Political make-up of the countries/organizations involved in the intervention
- Nature of the intervention
- Reasons why intervention has been deemed necessary
- Characteristic features of the country, government and people affected
- Possible political, socio-economic, and environmental consequences of intervention/global
governance
- Complexity of human rights issues and their spatial patterns
SUCCESSFUL INTERVENTION DIFFICULTIES INTERVENTION
- Genuine commitment to a political Human intervention can worsen health
process by the parties in working conditions:
, towards peace (there must be a peace - Water-borne diseases because bombing
to keep); can destroy critical infrastructure so use
- Clear, credible, and achievable of contaminated water – Kosovo 1999
mandates, with matching personnel, - Poisoning from depleted uranium
logistic and financial resources; - Starvation (Somalia) as post-
- Unity of purpose within the Security intervention govt are ineffective
Council, with active support to UN - Banning of the use of military force
operations in the field; except in self-defense or with approval
- Host country commitment to of the UN Security Council – states
unhindered UN operations and freedom require permission to stop other states
of movement; massacring their own citizens within
- Supportive engagement by neighboring their borders (Rwanda)
countries and regional actors; - Independence to international aid
- An integrated UN approach, effective leading to problems maintaining the
coordination with other actors on the same level of stability once aid has left
ground and effective communication - What kind of intervention should be
with host country authorities and permitted and how is it implemented?
population; There would need to be provision,
- The utmost sensitivity towards the local under the UN Security Council for a
population and upholding the highest continuum of possible actions ranging
standards of professionalism and good from sanctions of various kinds and the
conduct (peacekeepers must avoid intensity to the use of force – raises
becoming part of the problem) many qs about the proportionality and
the likely effectiveness of the action to
be taken, who is to undertake it and
when is it to end. Will any forceful
intervention inflect further suffering on
the very population that is intended to
help, while the rulers remain largely
unaffected? (Iraq)
- Lack of education in the receiving
country may be a barrier to
humanitarian intervention. People may
not be familiar with the ways for
helping the vulnerable or being unable
to deliver and distribute the donations
CURRENT PATTERNS and GLOBAL VARIATIONS
FORCED LABOUR MMR CAPITAL
PUNISHMENT
CURRENT Trafficking for the From 2000 to 2017, More than 70% of
PATTERNS purpose of forced labor the global MMR countries have
accounted for 38% of declined by 38% - an abolished capital
total trafficking cases in average annual rate punishment.
2018. Some regions
of reduction of 2.9%. At least 28,670
such as Sub-Saharan
Africa, Central and
Between these, South people were under
South Asia and Eastern Asia achieved the sentence of death
Europe detected more greatest overall around the world at
cases of forced labour percentage reduction end of 2021. Annual
than any other type of in MMR. Sub-Saharan survey showed that at
trafficking. Adult Africa achieved a least 579 executions
women represent the substantial reduction were carried out in 18
main profile of detected