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Parliament and Human Rights

Parliament and Human Rights. What are Human Rights?. Universal set of rules founded on core values: Freedom Equality Justice Insists on equality of treatment for all Abhors discrimination against anyone

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Parliament and Human Rights

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  1. Parliament and Human Rights

  2. What are Human Rights? • Universal set ofrulesfounded on core values: • Freedom • Equality • Justice • Insists onequalityof treatment for all • Abhorsdiscriminationagainst anyone • Guaranteesentitlements&freedomsfor every human to live a life of dignity & realize one’s full potential.

  3. Basic Human Rights • 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

  4. What do Human Rights do? • Benefit nations & people • Levels the playing field • Protects the vulnerable from exploitation • Protects those withunequal power from abuse

  5. The Principles of Human Rights • 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

  6. Human Rights & the UN Charter • Permeates • 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…”

  7. 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 Adopters of the Universal Declaration of Human Rights

  8. The Vienna Declaration & Program of Action, 1993 • Where:World Congress on Human Rights in Vienna • When:1993 • Who:7000 delegates+, 171 UN States, 840 NGOs • What:Program to make human rights a reality • Civil, political, economic, social & cultural rights • Right to all peoples & nations for: • Safe environment & sustainable development • Claims of marginalised communities to special treatment • Human rights reaffirmed as central to all UN organs

  9. Democracy & Human Rights • Human Rights requires: • 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: • Uphold dignity of every individual • Ensure that weak voices are heard. • Ensure freedom, equality, fraternity, diversity and justice

  10. Democracy & Human Rights in the Commonwealth • Harare Declarationendorses human rights & democracy across Commonwealth • Commonwealth recognizes representative democracy must besubstantive&participatory • Democratic parliamentarians: • promotewelfare • rejectdiscrimination • facilitatedevelopment,equity&justice • encourage civicparticipation

  11. 5 Pillars of Good Governance • Transparency in decision-making • Ensuring people’s participation • Responsibility in the exercise of power • Accountability of the decision-makers • Responsiveness to people’s needs

  12. Diagram of Good Governance Pillars

  13. Human Rights is Pro-Poor • Policymakers must recognize poverty as a denial of human rights. • In poverty people are deprived resulting in: • 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.

  14. Rights-Based Approach Plans for development targeting the vulnerable; Right to live free of poverty; Provides for all stakeholders as enshrined in law. Welfare Approach Giver determines level of generosity; ‘Reduction’ not ‘eradication’ of poverty; Reinforces dependencies – state is poor’s benefactor. Approaches to Poverty

  15. Role of Parliament • Designs development & poverty eradication policies • Tasks & choices for development include • economic growth; • equitable distribution of wealth; and • social justice.  

  16. Poverty & The Commonwealth • 1/3 of Commonwealth citizens live on > US$1/day • Poverty is a violation of human rights. • Human rights ensure needs are fulfilled • Poverty traditionally guided by ‘welfare’ approach

  17. South Africa & Uganda & Human Rights • South Africa & Uganda recognize human rights as: • Food • Housing • Health care • Education • Clean & safe environment • Written into constitutions • State legally obligated to provide for all citizens.

  18. International Human Rights Standards • 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

  19. Universal Human Rights Standards • United Nations (UN): The main international framework for human rights. • Inception in 1945 • Affirms commitment to human rights. • The Universal Declaration of Human Rights.

  20. Universal Declaration of Human Rights • Who: Adopted by UN General Assembly; • When: 1948 • What: A statement of principles to prevent atrocities of repeat world wars. • All international treaties & declarations on human rights emanate from UDHR. • Outlines minimum standards of human rights  

  21. 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

  22. Reservations • 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: • not prohibited under treaty • if not incompatible with purpose of treaty.  

  23. Comprises The Universal Declaration of Human Rights The International Covenant on Economic, Social and Cultural Rights The International Covenant on Civil and Political Rights The International Bill of Rights

  24. Non-Derogable Rights • Life • Freedom from torture • Freedom from enslavement • No imprisonment for debt • No retroactive penal laws • Recognized before the law • Freedom of thought, conscience & religion

  25. Seven Core Human Rights Treaties • 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)

  26. International & Regional Human Rights Regimes: UN • Charter-Based Bodies • Special Reporters on freedoms (food, etc.) • Working Groups on issues • Sub-Commission on Human Rights • Office of the High Commissioner for Human Rights (OHCHR)

  27. Other Charter-Based Bodies • General Assembly (GA) • Security Council • The International Court of Justice (ICJ) • Economic and Social Council (ECOSOC)

  28. UN Specialized Agencies • 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)

  29. The CHOGM Statements • Declaration of Commonwealth Principles (1971) • Lusaka Declaration on Racism (1979) • Harare Commonwealth Declaration (1991)   • 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)

  30. The Millennium Development Goals • 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

  31. African Union(AU) African Charter on Human & People’s Rights African Commission on Human & People’s Rights Protocol to African Charter on Human & Peoples' Rights on the Establishment of an African Court on Human & Peoples' Rights Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa African Charter on the Rights and Welfare of the Child African Peer Review Mechanism (APRM) African Regional Structures for Human Rights

  32. Inter-American Human Rights Mechanisms • Organization of American States(OAS) • American Declaration of the Rights and • Duties of Man • Inter-American Commission on Human Rights • American Convention on Human Rights

  33. European Human Rights Mechanisms • European Union (EU) • General Affairs and External Relations Council • Convention for the Protection of Human Rights and Fundamental Freedoms • European Court of Human Rights

  34. Parliament & Human Rights: Parliamentary Immunity • 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. • Immunity assured through law • Derogation impairs quality & candidness of debates

  35. The Executive Office & Human Rights • Executive = Cabinets or President & advisors • Executive appoints Advocates to Key Positions • A Human Rights Supportive Foreign Policy

  36. Ministers & Human Rights • Need for rights friendly rulemaking  • Bureaucrats can stifle change through rule-making • 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.

  37. A Special Role for the Opposition • Opposition call government to account • Call for greater human rights standards by police, army & paramilitary forces • Take bi-partisan approach to HR proposals • Promotes concept of universal human rights

  38. Civil Society & Parliament: Working together for HR • Civil society promotes human rights internationally • Sustained campaigns: e.g. women’s, child rights • Brings geographical solidarity • Commonwealth: Civil society groups accredited • more access to official Commonwealth meetings   • Sometimes there are policies between govt & CSO

  39. The Media, Parliament and HR • Media promotes human rights. • spreads awareness • pressuring key stakeholders • In some countries relationship is difficult • Government reluctant to see media as allies in HR • Laws prevent media from reporting HR violations

  40. Inter-Parliamentary Dynamics for Human Rights • Non-partisan human rights groups within parliament • All-Party Parliamentary Human Rights Group in UK • Amnesty International Parliamentary Group (AIPG) • International associations for parliamentarians. • Inter-Parliamentary Union (IPU) • Commonwealth Parliamentary Association (CPA)

  41. Reporting to Treaty Bodies • Every UN core treaty has a human rights committee • Treaty Monitoring Bodies • experts nominated by States • each ratifying country must report • Committee reviews reports, dialogues & prepares ‘Concluding Observations’

  42. Passing Legislation for Human Rights Will… • Ensure international HR standards are met through domestic legislation. • Enshrine HR in constitution (Bill of Rights)  • Pass complementary legislation • Ensure other legislation meets HR standards  • Promote pro-human rights budgets • Support judiciary to promote & protect HR

  43. Parliamentary Committees & Human Rights • Workhorses of parliament • Impractical for whole parliament to undertake oversight tasks, so committees: • 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

  44. Establishing National Human Rights Bodies • Parliament creates agencies promoting & protecting human rights. • National Human Rights Institutions • Ombudsmen • Specific sectoral commissions • Law commissions • Many under-resourced

  45. Paris Principles: internationally recognize standards Independent, guaranteed Autonomous Plural & diverse Broad mandate Powers of investigation Sufficient resources Commonwealth: Best Practice Abuja Guidelines outlines relationship between govt, parliament, and intl bodies suggestions for further developing this Commonwealth relationship National Human Rights Institutions

  46. Corporations & Human Rights • Working Groups on transnational corporations • Brings corporations into HR regime • Sub-Commission adoption of UN Norms on responsibilities of transnational corporations & other business enterprises with regard to HR • coherent & comprehensive list of company HR obligations • No new legal obligations • Commission considers & adopts norms

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