Human rights and conflict resolution.

The role of NGOs.

Human rights

• "inalienable fundamental rights to

which a person is inherently entitled
simply because she or he is a human
being."

Sources of

fundamental civil
rights and civil
freedoms.

• Magna Carta, also called

Magna Carta Libertatum, is an
English charter, issued in 1215

• It required King John of

England to proclaim certain
liberties, and accept that his
will was not arbitrary

• It was the first document

forced onto the King by a
group of his subjects, the
feudal barons, in an attempt to
limit his powers by law and
protect their privileges.

• One of the oldest records of human

rights is the statute of Kalisz (1264),
giving privileges to the Jewish
minority in the Kingdom of Poland
such as protection from
discrimination and hate speech.

• The Declaration of

Independence was a
statement adopted
by the Continental
Congress on July 4,
1776, which
announced that the
thirteen American
colonies were no
longer a part of the
British Empire.

People have the right to "alter or

abolish" the government

• „We hold these truths to be self-evident, that all men

are created equal, that they are endowed by their
Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness.
— That to secure these rights, Governments are
instituted among Men, deriving their just powers from
the consent of the governed, — That whenever any
Form of Government becomes destructive of these
ends, it is the Right of the People to alter or to abolish
it, and to institute new Government, laying its
foundation on such principles and organizing its
powers in such form, as to them shall seem most
likely to effect their Safety and Happiness”.

Declaration of the Rights of Man

and of the Citizen 1789

• Influenced by the doctrine of "natural right;
• the rights of man are held to be universal:

valid at all times and in every place, as
they derive from the human nature itself.

• The concepts in the Declaration come from

the principles of the Age of Enlightenment:
such as individualism, the social contract
by the French philosopher Rousseau, and
the separation of powers espoused by the
Baron de Montesquieu.

Social contract

• Individuals have consented, either explicitly or tacitly, to

surrender some of their freedoms and submit to the
authority of the ruler or magistrate (or to the decision of a
majority), in exchange for protection of their natural
rights.

• We gain civil rights in return for accepting the obligation to

respect and defend the rights of others, giving up some
freedoms to do so.

• The central assertion of social contract approaches is that

law and political order are not natural, but are
instead human creations.

• The social contract and the political order it creates are

simply the means towards an end — the benefit of the
individuals involved — and legitimate only to the extent
that they fullfil their part of the agreement.

• Declaration also asserted the

principles of popular sovereignty, in
contrast to the divine right of kings
that characterized the French
monarchy, and social equality among
citizens,

• Men are born and remain free and equal in rights. Social distinctions may be founded

only upon the general good.

• The aim of all political association is the preservation of the natural and imprescriptible

rights of man. These rights are liberty, property, security, and resistance to oppression.

• The principle of all sovereignty resides essentially in the nation. No body nor individual

may exercise any authority which does not proceed directly from the nation.

• Liberty consists in the freedom to do everything which injures no one else; hence the

exercise of the natural rights of each man has no limits except those which assure to
the other members of the society the enjoyment of the same rights. These limits can
only be determined by law.

• Law can only prohibit such actions as are hurtful to society. Nothing may be prevented

which is not forbidden by law, and no one may be forced to do anything not provided
for by law.

• Law is the expression of the general will. Every citizen has a right to participate

personally, or through his representative, in its foundation. It must be the same for all,
whether it protects or punishes. All citizens, being equal in the eyes of the law, are
equally eligible to all dignities and to all public positions and occupations, according to
their abilities, and without distinction except that of their virtues and talents.

• No person shall be accused, arrested, or imprisoned except in the cases and according

to the forms prescribed by law.

• As all persons are held innocent until they shall have been declared guilty,
• No one shall be disquieted on account of his opinions, including his religious views,

provided their manifestation does not disturb the public order established by law.

• The free communication of ideas and opinions is one of the most precious of the rights

of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall
be responsible for such abuses of this freedom as shall be defined by law.

• The security of the rights of man and of the citizen requires public military forces.

These forces are, therefore, established for the good of all.

XX century

The UN

• The UN Charter obliges all member

nations to promote "universal respect for,
and observance of, human rights" and to
take "joint and separate action" to that
end.

• The Universal Declaration of Human

Rights, though not legally binding, was
adopted by the General Assembly in 1948
as a common standard of achievement
for all.

Categorisation

• Human rights can be classified and

organized in a number of different
ways,

• the most common categorisation of

human rights has been to split them
into civil and political rights, and
economic, social and cultural rights.

Article 1
• All human beings are born free and equal in dignity and rights. They are

endowed with reason and conscience and should act towards one another in a
spirit of brotherhood.

Article 2

• Everyone is entitled to all the rights and freedoms set forth in this Declaration,

without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.

• Article 3
• Everyone has the right to life, liberty and security of person.

• Article 4
• No one shall be held in slavery or servitude; slavery and the slave trade shall be

prohibited in all their forms.

• Article 5
• No one shall be subjected to torture or to cruel, inhuman or degrading treatment

or punishment.

• Article 6
• Everyone has the right to recognition everywhere as a person before the law.

• Article 7

• All are equal before the law and are entitled without any discrimination to equal

protection of the law. All are entitled to equal protection against any discrimination
in violation of this Declaration and against any incitement to such discrimination.

• Article 8

• Everyone has the right to an effective remedy by the competent national tribunals

for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

• No one shall be subjected to arbitrary arrest, detention or exile.
• Article 10

• Everyone is entitled in full equality to a fair and public hearing by an independent

and impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him.

• Article 11

• Everyone charged with a penal offence has the right to be presumed innocent until

proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence.

• Article 12
• No one shall be subjected to arbitrary interference with his privacy, family,

home or correspondence, nor to attacks upon his honour and reputation.
Everyone has the right to the protection of the law against such
interference or attacks.

• Article 13
• (1) Everyone has the right to freedom of movement and residence within

the borders of each state. (2) Everyone has the right to leave any country,
including his own, and to return to his country.

• Article 14
• Everyone has the right to seek and to enjoy in other countries asylum

from persecution.

• Article 16
• (1) Men and women of full age, without any limitation due to race,

nationality or religion, have the right to marry and to found a family.

• Article 17
• (1) Everyone has the right to own property alone as well as in association

with others.

• (2) No one shall be arbitrarily deprived of his property.

• Article 18
• Everyone has the right to freedom of thought, conscience and religion;

this right includes freedom to change his religion or belief, and
freedom, either alone or in community with others and in public or
private, to manifest his religion or belief in teaching, practice, worship
and observance only with the permission of the person and not by
force.

• Article 19
• Everyone has the right to freedom of opinion and expression; this right

includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and
regardless of frontiers.

• Article 20
• (1) Everyone has the right to freedom of peaceful assembly and

association. (2) No one may be compelled to belong to an association.

• Article 21
• (1) Everyone has the right to take part in the government of his

country, directly or through freely chosen representatives. (2)
Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of
government;

•Article 23

•(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work

and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal
pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other
means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of
his interests.

•Article 24

•Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic

holidays with pay.

•Article 25

•(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of

his family, including food, clothing, housing and medical care and necessary social services, and the right to
security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control. (

•Article 26

•Everyone has the right to education. Education shall be free, at least in the elementary and fundamental

stages. Elementary education shall be compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to all on the basis of merit.

•Article 27
•(1) Everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and to

share in scientific advancement and its benefits. (2) Everyone has the right to the protection of the moral
and material interests resulting from any scientific, literary or artistic production of which he is the author.

• The International Covenant on Civil

and Political Rights (ICCPR) is a
multilateral treaty adopted by the
United Nations General Assembly on
December 16, 1966, and in force
from March 23, 1976.

• The International Covenant on

Economic, Social and Cultural Rights
(ICESCR) is a multilateral treaty
adopted by the United Nations General
Assembly on 16 December 1966, and
in force from 3 January 1976.

• Its parties have to work toward the

granting of economic, social, and
cultural rights (ESCR) to individuals,
including labour rights and the right to
health, the right to education, and the
right to an adequate standard of living.

NGO’s

• Human Rights Watch is an

international non-governmental
organization that conducts
research and advocacy on
human rights.

• headquarters : New York City ,

offices in Berlin, Beirut, Brussels,
Chicago, Geneva, Johannesburg,
London, Los Angeles, Moscow,
Paris, San Francisco, Tokyo,
Toronto, and Washington.

• The George Soros Open Society

Foundation is the primary donor
of the Human Rights Watch,
contributing $100 Million of $128
Million of contributions and
grants received by the HRW in
the 2011 financial year

• founded as a private

American NGO in 1978, under
the name of Helsinki Watch

• adopted a methodology of

publicly "naming and
shaming" abusive
governments through media
coverage and through direct
exchanges with policymakers.

• partners, Helsinki Watch

contributed to the democratic
transformations of the region
in the late 1980s

• Asia Watch (1985),

Africa Watch (1988),
and Middle East Watch
(1989) were added to
what was then known
as "The Watch
Committees." In 1988,
all of the committees
were united under one
umbrella to form
Human Rights Watch.

Amnesty International

• founded in London in 1961,

following the publication of the
article "The Forgotten Prisoners" in
The Observer 28 May 1961

• 3 million members and supporters
• awarded the 1977 Nobel Peace

Prize for its "campaign against
torture„

• primarily targets governments, but

also reports on non-governmental
bodies and private individuals

• supports minimum humane

standards that should be
respected by governments and
armed opposition groups alike.

Six key areas which Amnesty deals with:
• Women's, children's, minorities' and

indigenous rights

• Ending torture
• Abolition of the death penalty
• Rights of refugees
• Rights of prisoners of conscience
• Protection of human dignity.

• conflicts are often fueled by rights abuses, and

addressing those abuses thus becomes "an
unavoidable part of the peace process.

• Human rights work is a tool of analysis and policy

formation, as rights violations can be an early
warning of escalating conflict.

• Furthermore, human rights education, promotion,

and monitoring can play an important role in
preventing conflict and maintaining peace in the
long run. In the last decade, human rights have
emerged as a strong element in preventive
diplomacy and collective security.

• conflict resolution groups can help promote

understanding of human rights concepts by
openly addressing rights claims in dialogue
between the groups.