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Does Human Rights and Justice Matter in Anti-corruption work? A. H. Monjurul Kabir, 28 March 2011, Bratislava

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Does Human Rights and Justice Matter in Anti-corruption work? A. H. Monjurul Kabir, 28 March 2011, Bratislava. Why Human Rights & Justice Matter?. Human rights creates enabling environment for the prevention of corruption. The Sunlight Factor (A2J & R2I).

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Does Human Rights and Justice Matter in Anti-corruption work? A. H. Monjurul Kabir, 28 March 2011, Bratislava
why human rights justice matter
Why Human Rights & Justice Matter?
  • Human rights creates enabling environment for the prevention of corruption.
  • The Sunlight Factor (A2J & R2I).
  • ATI measures largely depend on HR principles and constitutional guarantees.
  • Freedom of Expression
  • Media Freedom-Social media/FB Revolution!
  • Freedom of Assembly
  • Right to Information
  • Right to participate in the political process
  • Principles of Equality
  • Rule of Law and Judicial safeguards

the list goes on …

Bratislava 28-29 March 2011

why hr j matter
… Why HR&J Matter?
  • Human rights focuses on disadvantaged & vulnerable groups & marginalized communities i.e., minorities, women, persons with disabilities, persons living with or affected by HIV etc.
  • Corruption threatens human rights and, in particular, the rights of the poor leading to disempowerment
  • The poor need legal aid, not pressure to pay bribes …
  • Vulnerability
  • Widespread Discrimination
  • Limited Accessibility to judicial institutions and legal safeguards
  • Greater exposure to abuse including corrupt practices
  • Lack of confidence in national institutions
  • Legal Disempowerment

Bratislava 28-29 March 2011

realities on the ground
Realities on the Ground …
  • Corruption in the justice system often goes hand in hand with political interference.
  • Occurrence and or recurrence of Torture – Corruption breeds torture.
  • Inability of traditional institutional safeguards
  • Conflicts, frozen conflicts and post-conflicts
  • Rule of Law and Judicial Integrity: Collaboration between PACDE & PHASE
  • National Preventive Mechanism (NPM)-strengthening a visiting mechanism-CSO engagement
  • Strengthening of National Human Rights Protection Mechanism

Bratislava 28-29 March 2011

realities on the ground1
… Realities on the Ground
  • Exclusion – lack of representation in national development/development programming
  • Exposure of individuals who report their suspicions in good faith internally or externally
  • Multiple mandates and jurisdictions, lack of coordination and clarity, overlapping
  • Voice and Accountability require application of HRBA – Rights holders and duty bearers
  • Protection of Human Rights Defenders and Whistle blowers
  • Creating synergetic relations between ‘National Integrity System’ and ‘National Human Rights Protection System’
  • Engaging CSOs …

Bratislava 28-29 March 2011

what can we do
What can we do?
  • Enhanced awareness and advocacy to empowering people
  • Human Rights & AC Mechanisms – differences, complementarities
  • Regional and Sub-regional trends and issues
  • Ombudsmen and NHRIs are in some countries actively working against undue influence & other corrupt practices. - the Public Defenders in Georgia and Armenia
  • Joint ACHR CoP
  • Joint work of NHRIs-AC Agencies
  • Piloting areas of collaboration: investigation?
  • Empirical evidence and Case Studies
  • Partnership at National and Sub-national levels
  • Application of HRBA in Dev. Programming

Bratislava 28-29 March 2011

going beyond minimum
Going Beyond Minimum!
  • Baseline assessment of operational linkages between AC & HR activities in the region;
  • Recommendations and roadmap for developing integrated AC & HR strategic approaches and operational responses.
  • Initiating a regional dialogue will help to identify the entry points for future programming.
  • Needs to be validated with relevant stakeholders such as national anti-corruption and human rights institutions and civil society)
  • If necessary workshop is to be organized back to back with the DG CoP Meeting for the ECIS region
  • WHAT DO YOU THINK?

Bratislava 28-29 March 2011

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