Beruflich Dokumente
Kultur Dokumente
Human Rights
.1. Concept/ Definition
2. History
3. Modern Developments
4. HR abuse- world wide
5. HR abuse - Pak
6. Hurdles
7. Suggestions
What are Human Rights??
• All people are born free and have equal rights and dignity.
• Moral principles which form the basis of human conduct
• They are called human rights because they are universal
• The rights you have simply because you are human.
• It is something to which you are entitled by virtue of being human.
• Every person has right to life, liberty & freedom
• each person is a moral and rational being who deserves to be treated with
dignity.
• At the individual level, while we are entitled our human rights, we should
also respect the human rights of others.
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• BACKGROUND/ History
• History
• Human rights are a modern concept, yet they are an integral part of human
history.
The idea of human rights originally evolved from being members of a group, such as a family. Human rights imply to the basic
social, civil, economic, political and social rights and freedom of an individual.
Human rights are basically privileges provided to any man regardless of his belonging and any legal provision that may or may not
exist for them, and they may not be forbidden certain things by the Government.
It was in539 BC when Cyrus the Great revived history by doing something extraordinary; after conquering
Babylon he set all the captured slaves, free.
He also declared that people should be free to choose their own religion. Some other important reforms were recorded in his time
that were inscribed on a clay cylinder which came to be known as the Cyrus Cylinder. It has been termed as the first
Charter of Human Rights.
• The significance of the Cyrus Cylinder is its translation into 6 official
languages of the USA and its provisions are parallel to the first four
articles of the Universal Declaration of Human Rights.
• These ideas of Human Rights then spread from Babylon to India, Rome
and Greece. People followed what was called the ‘natural law’ which was
a method of following an unwritten set of rules by the people. Roman law
was rational, based on the nature of things as they were observed.
• Making agreements with the non-Muslim population of Madina, especially the Jews, to ensure peace
and harmony.
• The Charter contains 47 clauses, which laid the foundations of a sovereign nation-state comprising
of Muslims, Jews and Pagans, having equal rights and responsibilities under a common citizenship.
Salient Features of the Charter of Madina
• All parties included in the charter, i.e. Muslims, people of the book (Jews and Christians) and pagans, had freedom to practice
their religion.
• All citizens of the state had equal rights and responsibilities and were protected against oppression.
• A system of financial aid was developed within each tribe and between tribes. Communal funds were set up which were used in
times of financial need such as to pay ransom or blood-money.
• In the event of a war or hostile attack from outsiders on one tribe, all tribes of Madina (signatories of the charter) were required
to come to the aid of the defending tribe.
• In the event of a dispute among the signatories, Prophet Muhammad (SAW) was the final authority for settling the dispute.
• The Quraish of Makah were to be boycotted commercially by all signatories and nobody was to extend any support to them.
Significance of the Charter
• It is a landmark not only in the Islamic world but in the Constitutional history of the world.
• The Charter transformed the political, religious and social life of Madina.
• It brought all the tribes to form a polity and enabled them to live in peace on a long-term basis.
• It ended all anarchy, and protected the life, property and honor of the various tribes and people living in the city.
• It created equal rights, and responsibilities for all the citizens.
• The Charter replaced the traditional tribal kinship with a new social order and created the idea of a nation state.
The Magna Carta- 1215
• "The democratic aspiration is no mere recent phase in human history . . . It
was written in Magna Carta."
-Franklin Delano Roosevelt, 1941 Inaugural address
• Magna Carta meaning the great charter
• Issued by King John of England, it was a practical solution to political crisis faced by the King in 1215,
and it established the principle for the very first time, that everyone was accountable to
the law, even the King.
• it still remains an important document in the British constitution.
• A majority of the clauses from the 63, deal with the special grievances of King John in his rule. However, these
rules actually carried fundamental values which questioned the King’s autocracy and also would prove to be highly
adaptable in the future centuries.
• The 39th clause gave all ‘free men’ the right to justice and going through a fair trial.
• Magna Carta stated that no taxes could be demanded without the ‘general consent of the realm’, meaning the
leading barons and churchmen.
• It re-established privileges which had been lost, and it linked fines to the severity of the offence so as not to
threaten an individual’s livelihood.
• It also confirmed that a widow could not be forced to remarry against her wishes.
• 1186 The earliest ancestor of contemporary human rights protection was the Assize of Clarendon, passed by Henry
II in 1166. A precursor to trial by jury, the Assize paved the way for the abolition of trial by combat and trial by
ordeal.
• 1215 Another of the earliest and most commonly cited milestones in the history of human rights in the UK is the
Magna Carta – an English Charter issued in 1215 which contained the writ of habeas corpus, allowing people to
appeal against imprisonment without trial.
• 1647 The next milestone in the development of a set of protected rights came in the autumn of 1647, when a group
of English political activists, the ‘Levelers’, produced “An Agreement of the People”, which set forth a collection of
constitutional principles discussed at the famous Putney debates. The Levelers called for liberty of conscience in
matters of religion, freedom from conscription and asked that laws “apply equally to everyone: there must be no
discrimination on grounds of tenure, estate, charter, degree, birth or place”.
• 1689 While the demands of the Levellers were not immediately met, the next landmark is one of the most
important documents in the political history of Britain: the Bill of Rights (1689), which put the notion of inalienable
rights beyond doubt. An Act of Parliament after the ‘Glorious Revolution’, the Bill included: the freedom to petition
the Monarch (a precursor to political protest rights); the freedom from cruel and unusual punishments (the
forerunner to the ban on torture contained in our Human Rights Act) and the freedom from being fined without trial.
• 1774 In a victory for public information and the free press the Parliamentary Register was
launched in 1774, following campaigning by Radical MP John Wilkes and others. The
Register reported the details of parliamentary debates which had previously been
restricted.
• 1832/3 The 1832 Reform Act increased the electorate from around 366,000 to 650,000
people, about 18 per cent of the total adult-male population in England and Wales. It
excluded women and working class men, and votes were still cast in public, but it was a
landmark on the road towards universal suffrage. Another important law in the history of
human rights was passed in 1833: the Slavery Abolition Act, which outlawed the slave
trade throughout the British Empire.
• 1918 At the end of the First World War the Representation of the People Act gave the vote
to all women over 30, enfranchising over eight million women. Shortly afterwards women
were also allowed to stand for Parliament, although it took another decade for the vote to
be extended to all adult women.
• 1934 Liberty was founded, as the National Council for Civil Liberties, and 80 years later
we’re still going strong. Find out more about our history.
• 1948 As the world reeled from the horrors of the Second World War, there came an
important realization that although fundamental rights should be respected as a matter of
course, without formal protection human rights concepts are of little use to those facing
persecution. The result was the Universal Declaration of Human Rights, one of the most
important agreements in the history of human rights.
• 1950 The European Convention on Human Rights was agreed in the
aftermath of the Second World War. British lawyers played an
instrumental role in the development of the Convention, and the UK
signed up in 1951. Find out more about international laws protecting
human rights.
• 1957 The Wolfenden Report was published, marking a turning point
in official attitudes towards homosexuality in Western countries.
Male homosexuality was finally decriminalized a decade later in the
Sexual Offences Act.
• 1975/6 In 1975 and 1976 respectively the Sex Discrimination Act
and the Race Relations Act made it illegal to discriminate against
anyone on grounds of their gender or ethnicity, and introduced the
concept of indirect discrimination.
• 1998 Enacted by a youthful Labor Government in 1998, the Human
Rights Act (HRA) contains a set of civil and political rights considered
fundamental to any liberal democracy. Since it came into force, the
HRA has been used as a political football as the Government and the
Opposition engage in political positioning, both seeking to seem the
toughest on crime and terror by creating a false distinction between
liberty and security. But the Human Rights Act is rooted in British
culture and history and, as you can see, it has a proud, 800 year old
family tree.
The Enlightenment
• With overarching resistance to religious intolerance, political and social
injustice and economic servitude beginning to increase, the foundations of
Human rights was laid.
•Following on the Magna Carta, which set limits on the powers of royal
government in the thirteenth century England,
• the 1776 American Declaration of Independence and
•the 1789 French Declaration des droits de l’Homme et de du citoyen
(Declaration of the Rights of Man and Citizen) were landmarks of how
revolutionary visions could be transformed into national law and made into
justiciable guarantees against future abuse.
.
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Human rights refer to the classification of rights that emerged after the formation of the
United Nations following World War II. The United Nations was founded in 1945, but it took
another few years for the new member states to agree to a comprehensive body of rights
and to pledge the United Nations efforts to ensure that all people could enjoy these rights.
This agreement took the form of the Universal Declaration of Human Rights (UDHR) of 1948
. In 1966, the UN General Assembly produced two treaties that were meant to be the legally binding version
of the UDHR; predictably, these were:
i. The International Covenant on Civil and Political Rights (ICCPR), and
. ii. The International Covenant on Economic, Social and Cultural Rights (ICESCR).
These two treaties are the bedrock of today’s human rights structure. Together with the UDHR, they are
sometimes referred to as the International Bill of Rights. (It should be noted that although the UDHR was
not framed as a binding legal document, it is so widely accepted and used that it has attained the status of
customary law and is binding as such). These Rights can be put into three categories:
1. Civil and political rights (which is called first generation rights). These are “liberty-orientated” and
include the rights to life, liberty and security of the individual; freedom from torture and slavery; political
participation; freedom of opinion, expression, thought, conscience and religion; freedom of association
and assembly.
2. Economic and social rights (also called second generation rights). These are “security-orientated” rights,
for example the rights to work; education; a reasonable standard of living; food; shelter and health care.
3. Environmental, cultural and developmental rights (also called third generation rights). These include the
rights to live in an environment that is clean and protected from destruction and rights to cultural, political
and economic development.
• One major problem facing human rights the world over today is that people and countries have a different
understanding of the term and its protection. In some countries political and civil rights are not given or
guaranteed to all its citizens. In some other countries, economic and social rights are not enforced,
therefore, the basic idea behind stressing human rights is that all governments should try to maintain these
fundamental rights and see that all types of discrimination in this respect are rooted out.
• Human rights is a commitment and a vision that is constantly developing in theory and in practice, as we see
that the core principles originally set out in the UDHR 1948 have survived years of different threats. Despite
the obstacles and setbacks, the trends over the decades have consistently been to seek to achieve greater
universality and extension of the scope and application of these rights.
• It is our hope that the world comes to term with the issues of impunity by those who commit violations
because they know they can get away with it. There should also be a strong stance to proactively make
education of human rights a persistent concern and the development of skills for building peace, learning
how to practice respect and tolerance worldwide. There is the need for countries around the world to
embrace the universality of these rights. These distinctions and categorisations of rights into three
generations of human rights though important should not be seen as merely academic distinctions, but
distinctions that must be ultimately blurred and fused together by all nations of the world. Human rights are
innately and intrinsically connected to the existence of every human being and a right, be it first, second or
third generation must be seen to be actualised in the life of every human being.
as three generations of human rights, used in both national and international human rights circles,
traces the chronological evolution of human rights as an echo to the cry of the French revolution: Liberté
(freedoms, “civil and political” or “first generation” rights), Egalité (equality, “socio-economic” or “second
generation” rights), and Fraternité (solidarity, “collective” or “third generation” rights).
•In the eighteenth and nineteenth centuries, the struggle for rights focused on the liberation from authoritarian
oppression and the corresponding rights of free speech, association and religion and the right to vote.
• With the changed view of the State role in an industrializing world and against the background of growing
inequalities, the importance of socio-economic rights became more clearly articulated.
•With growing globalization and a heightened awareness of overlapping global concerns, especially due to
extreme poverty in some parts of the world, “third generation” rights, such as the rights to a healthy
environment, to self-determination and to development, have been adopted.
First-generation human rights, deal essentially with liberty
and participation in political life. They are fundamentally civil
and political in nature, as well as strongly individualistic. They
serve negatively to protect the individual from the excesses of
the state. First-generation rights include, among other things,
freedom of speech, the right to a fair trial, freedom of religion
and voting rights. These rights were enshrined at the global level
and given status in international law first by Articles 3 to 21 of
the 1948 Universal Declaration of Human Rights and later in the
1966 International Covenant on Civil and Political Rights.
During the period of the cold war, “first generation” rights were prioritized in western
democracies, while second generation rights were resisted as socialist notions. In the
developing world, economic growth and development were often regarded as goals
able to trump “civil and political” rights. The discrepancy between the two sets of
rights was also emphasized: “civil and political” rights were said to be of immediate
application, while “second generation” rights were understood to be implemented
only in the long term or progressively. Another axis of division was the supposed
notion that “first generation” rights place negative obligations on States while “second
generation” rights place positive obligations on States. After the fall of the Berlin Wall,
it became generally accepted that such a dichotomy does not do justice to the extent
to which these rights are interrelated and interdependent. The dichotomy of
positive/negative obligations no longer holds water. It seems much more useful to
regard all rights as interdependent and indivisible and as potentially entailing a variety
of obligations on the State. These obligations may be categorized as the duty to
respect, protect, promote and fulfil.
Those demands for rights in the seventeenth and eighteenth centuries were a demand against the existing States,
authorities, despotism, arbitrariness and the political disenfranchisement of those who held different opinions. The
first generation of civil and political rights derives primarily from the seventeenth and eighteenth century reformist
theories which were associated with English, French and American revolutions.
These rights as mentioned earlier includes the right to life, liberty, the security of person, freedom from slavery or
involuntary servitude, freedom from torture and cruel, inhuman degrading treatment or punishment, freedom from
arbitrary arrest, detention or exile. The rights also include the right to a fair and public trial, freedom from interference
in privacy and correspondence, freedom of movement and residence, freedom of thought, conscience and religion,
freedom of opinion and of expression, freedom of peaceful assembly and association, the right to participate in
government directly or through elections and the right to own property and not to be arbitrarily deprived of one’s
property.
The Second-generation human rights are related to equality and
began to be recognized by various governments after World War II. They are
fundamentally economic, social and cultural in nature. They guarantee different
members of the community equal conditions and treatment. Secondary rights
would include a right to be employed, rights to housing and health care, as well as
social security and unemployment benefits. Like first-generation rights, they were
also covered by the Universal Declaration of Human Rights and were further
entrenched in Articles 23 to 29 of the Universal Declaration and the International
Covenant on Economic, Social and Cultural Rights.
It is not geared towards immediate implementation, in that State parties having
agreed only to take steps towards achieving progressively the full realization of the
rights recognised in the Covenant and then subject to the extent of their available
resources. In the circumstance, one can say that the covenant is fundamentally
and essentially a promotional covenant stipulating objectives more than standards
and requiring implementation over time rather than at once.
These rights are sometimes referred to as “red” rights. They impose upon the
government the duty to respect and promote and fulfil them, but then this depends on
the availability of resources. This duty is imposed on the State because it controls its
own resources. No one has the direct right to housing and right to education. In South
Africa, for instance, the right is not, per se, to housing, but rather “to have access to
adequate housing,” realised on a progressive basis. The duty of government is in the
realisation of these rights as a positive one. Second generation rights have generally
been considered as rights that require affirmative government action for their
realization. They are often styled as group rights or ‘collective rights’ in that they
pertain to the well being of the whole society.
Some have argued that contrary to western conceptions, the substance of human rights
is not universal, that economic, social and cultural factors determine the applicability of
particular rights in different countries. The Vienna Declaration of 1993 viewed
differently disclaiming any priority of rights. It declared that ‘’while development
facilitates the enjoyment of all human rights, the lack of development may not be
invoked to justify the abridgement of internationally recognized human rights’’.
The third generation human rights or ‘solidarity rights’ is the
more recently recognized category of human rights. This category is
distinguished from the first and second generation of human rights in
that its realization is predicated not only upon both the affirmative
and negative duties of the State, but also upon the behaviour of each
individual. In much of the world, conditions such as extreme poverty,
war, ecological and natural disasters have meant that there has been
only very limited progress in respect for human rights. For that reason,
many people have felt that the recognition of a new category of
human rights is necessary. These rights would ensure the appropriate
conditions for societies, particularly in the developing world, to be
able to provide the first and second generation rights that have
already been recognised.
Third generation rights can be realized only through the concerted efforts of
all actors on the social scene, i.e. the individual, public and private bodies,
the State and the international community. These rights include self
determination as well as a host of normative expressions like the right to
development, to peace and a healthy environment.
• Economic stagnation and popular radicalism after the French
Wars – industries collapsed and there was much political unrest
and riots, hence people marched out for their rights and to settle
the chaos.
• The Peterloo Massacre- after the incident reportedly a million
people marched to the St. Peter’s Field to speak for the rights of
the poor and for political reforms in the country.
• Abolition of Slavery- formation of the Anti-Slavery Society 1823,
to argue on the abolition of slavery. This, with the Sheffield
Female Society was the first to call for the emancipation of
slaves. Slaves themselves resisted slavery from the period of the
18th and 19th centuries which became an important part of the
abolition movement.
.
• 20th century
• The World Wars, and the huge losses of life and gross abuses of
human rights that took place during them, were a driving force
behind the development of modern human rights instruments.
The League of Nations was established in 1919 following the end
of World War I. The League's charter was a mandate to promote
many of the rights later included in the Universal Declaration of
Human Rights.
• The European Declaration on Human Rights, drafted 1950 and enforced 1953, marked a turning
point in history towards diplomacy and peace.
• The last half of the 20th century marked the birth of international and universal recognition of Human
Rights.
• People wanted to ensure that never again would anyone be unjustly denied life,
freedom, food, shelter, and nationality.
• The calls came from across the globe for human rights standards to protect
citizens from abuses by their governments, standards against which nations could
be held accountable for the treatment of those living within their borders.
• These voices played a critical role in the San Francisco meeting that drafted
the United Nations Charter in 1945.
.
• Charter of UN
• The United Nations Human Rights Council, and
• United Nations Security Council and
• Numerous committees within the UN
.• The United Nations Security Council has the primary responsibility
for maintaining international peace and security and is the only body
of the UN that can authorize the use of force.
• 2006 the Security Council adopted resolution 1674 that reaffirmed
the responsibility to protect populations from:
HR council 2006
• genocide,
• war crimes,
• ethnic cleansing and SC
SC SC
UNHC 1674
2006
SC
Sanctions
Referral to ICC
2. Universal Declaration of Human Rights
human rights movement developed in the aftermath of the Second World War and the
atrocities of The Holocaust, culminating in the adoption of the Universal Declaration of
Human Rights in Paris by the United Nations General Assembly in 1948
The Rights are defined as follows:
Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
• Yemenis protest…
April 2017
…By Russia
• a range of problems, including LGBT discrimination; the crackdown on
freedom of expression; and the methods used to quash the Islamic
insurgency in the North Caucasus (Dagestan and Chechnya)
• Russia’s annexation of Crimea and the subsequent war in Eastern Ukraine.
• “As the crisis in Ukraine escalated, Russian policymakers adopted laws
imposing further, severe restrictions on media and independent groups,”
the report notes. An example of these regulations is the “blogger law” that
requires sites with more than 3,000 visitors a day to register with the
government as mass media, which triggers government censorship.
• Another law criminalized s0-called “separatist” calls, which Denber says
“can just be anything,” even stating that Russia is occupying Crimea, which
she called a “legal fact.” Private TV channels have also been restricted, as
has foreign ownership of Russian media.
EU
• Greece, Bulgaria, Poland and Romania are the worst European Union
countries at delivering justice through criminal trials
• UK Involvement in Rendition and Torture
• EU’s migration policy
UK
• 2016-7 Sexist employee practices are on the rise. Employers in the
UK are telling female workers that they must have plunging
necklines and wear high heels.
• One black female employee was denied a job at the Harrods
department store in London because she refused to wear a wig.
• High Heels and Workplace Dress Codes into the case of a British
woman who was sacked for not wearing high heels to work.
Nicola Thorp
.• Arab Spring
Use of chemical weapons & America’s missile strike in Syria (Apr 2017)
Massacre at Ghouta (2018)
Saudi Arabia
• Saudi Arabia has always battled with the idea of free speech. The Al
Saud family, the family that has ruled the country for generations has
succeeded in enforcing their monarchy “through a skillful
combination of distribution, penetration, and coercion, with a
legitimating dose of ideology.”
• In 2013, the U.S. State Department listed the reports of the "worst"
human rights abuses in Saudi Arabia, which included
o "citizens’ lack of the right and legal means to change their
government
o pervasive restrictions on universal rights such as freedom of
expression, including on the Internet, and freedom of assembly,
association, movement, and religion
oand a lack of equal rights for women, children, and noncitizen
workers.“
oWomen can't get driving licenses, hence legally, they cannot drive.
oHuman rights groups say the Shiites face discrimination based on their
faith – in 2014,, the sentencing of one prominent Shiite cleric to
death sparked international criticism.
oOther non-Islamic religious minorities have also complained of
discrimination.
oHuman rights groups say that Saudi judges often hand out executions for
relatively minor crimes. Any execution is appalling, but executions for
crimes such as drug smuggling or sorcery that result in no loss of life are
particularly egregious.
oWhen President Obama traveled to Riyadh in 2014 to pay his respects,
reporters were told that he did not bring up Raif Badawi's flogging, despite
its high profile. That fits into a pattern for the United States, which rarely
brings up specific concerns about Saudi human rights.
oPersecution of 47 terrorists including Sheikh Nimr (Jan 2016)
Yemen- Saudia
bombards a wedding
ceremony (Oct 2015)
• Israeli forces and Palestinian armed groups committed serious violations of the
laws of war during fighting in the Gaza Strip in July and August 2014.
• Israeli military operations in Gaza, including indiscriminate and
disproportionate attacks, caused the vast majority of civilian casualties and
destruction of civilian infrastructure.
• Palestinian armed groups carried out indiscriminate rocket and mortar attacks
on Israeli population centers, and sometimes fired from or near civilian areas,
endangering the civilian population.
• Israel’s blockade of Gaza, supported by Egypt, amounts to collective
punishment, while its settlement and other policies violated international law
and harmed Palestinians.
• The Palestinian Authority, Hamas, and Israeli forces conducted arbitrary
arrests and suppressed freedom of association and assembly.
• The masses of Palestinians killed points out more to genocide than simple war-
like combat.
• China
• China remains a one-party authoritarian state that systematically
curbs fundamental rights.
• Since President Xi Jinping and a new leadership team assumed
power in March 2013, the government has unleashed an
extraordinary assault on activists and human rights defenders with a
ferocity unseen in recent years.
• The government has moved to tighten control over key pillars of civil
society including nongovernmental organizations and the media.
• The “Great Firewall” used to censor the Internet has been expanded,
while the ruling Communist Party has returned to acting as “thought
police” by issuing directives warning against the perils of “universal
values” and human rights and insisting on “correct” ideology,
including Communist Party supremacy.
• Despite recent legislation to end torture in custody, police and
interrogators have found ways to evade the law.
The poet and human rights defender was sentenced to 11
years in prison after a long history of dissident writing and
peaceful protest. He was initially detained in 2008, as the
leading author of Charter ‘08, a manifesto calling for
democratic and human rights reform in China
• Burmese authorities and members of Arakanese groups have committed crimes against
humanity in a campaign of ethnic cleansing against Rohingya Muslims in Arakan State since
June 2012.
• The Burmese government and local authorities have caused forcible displacement of more
than 125,000 Rohingya and other Muslims and the ongoing humanitarian crisis.
• Burmese officials, community leaders, and Buddhist monks organized and encouraged ethnic
Arakanese backed by state security forces to conduct coordinated attacks on Muslim
neighborhoods and villages in October 2012 to terrorize and forcibly relocate the population.
• The tens of thousands of displaced have been denied access to humanitarian aid and been
unable to return home.
• Following sectarian violence between Arakanese and Rohingya in June 2012, government
authorities destroyed mosques, conducted violent mass arrests, and blocked aid to
displacedMuslims.
• On October 23, after months of meetings and public statements promoting ethnic cleansing,
Arakanese mobs attacked Muslim communities in nine townships, razing villages and killing
residents while security forces stood aside or assisted the assailants.
• Cutting the body parts of alive kids
1.1 mn
Aug
2017
• Some of the dead were buried in mass graves, further impeding accountability.
• All of the state security forces operating in Arakan State are implicated in failing
to prevent atrocities or directly participating in them, including local police, Lon
Thein riot police, the inter-agency border control force called Nasaka, and the
army and navy.
• Satellite images obtained by Human Rights Watch from just 5 of the 13
townships that experienced violence since June show 27 unique zones of
destruction, including the destruction of 4,862 structures covering 348 acres of
mostly Muslim-owned residential property.
• Considerable local organizing preceded and backed October’s attacks were 70
Rohingya Mslims were killed in a day long massacre. The two groups most
influential in organizing anti-Rohingya activities were the local order of Buddhist
monks (the sangha) and the regionally powerful Rakhine Nationalities
Development Party (RNDP), which was founded in 2010 by Arakanese
nationalists.
• By leaving the bodies near a camp for displaced Rohingya, the soldiers were
sending a message – consistent with a policy of ethnic cleansing – that the
Rohingya should leave permanently.
• Lacking aid, protection, and facing violence and abuses, tens of thousands of
Rohingya have fled the country by sea since June with hopes of
reaching Bangladesh, Malaysia, or Thailand, and many thousands more appear
ready to do the same – several hundred people have already died at sea.
• Under international law, crimes against humanity are crimes committed as part
of a widespread or systematic attack by a government or organization on a
civilian population. Among the crimes against humanity committed against the
Rohingya since June were murder, deportation and forcible transfer of the
population, and persecution.
• The government and Burmese society openly consider the Rohingya to be illegal
immigrants from what is now Bangladesh and not a distinct “national race” of
Burma, denying them consideration for full citizenship. Official government
statements refer to them as “Bengali,” “so-called Rohingya,” or the pejorative
“kalar.”
• Human Rights Watch urged the Burmese government to urgently amend the
1982 Citizenship Act to eliminate discriminatory provisions and to ensure that
Rohingya children have the right to acquire a nationality where otherwise they
would be stateless.
Sudan
• Armed conflicts in several Sudanese states continue with devastating
effects on civilians, particularly in Darfur, Southern Kordofan and Blue
Nile states.
• These conflicts have been characterized by unnecessary and avoidable
civilian deaths and injuries; sexual violence against women and girls;
unlawful destruction of civilian property, and have forced hundreds of
thousands of civilians to flee their homes.
• In the capital and other main towns, Sudanese security forces have
repeatedly and violently suppressed protesters demonstrating against
government policies, killing more than 170 people in September 2013.
• Authorities regularly detain political activists, suppress civil society
groups, and censor the media.
• President Omar al-Bashir, who is wanted by the International Criminal
Court for crimes in Darfur, was re-elected in 2015 in a poll that did not
meet standards for free and fair elections.
Darfur region in western Sudan. The conflict began in 2003 when
rebels launched an insurrection to protest what they contended was
the Sudanese government’s disregard for the western region and its
non-Arab population. In response, the government equipped and
supported Arab militias—which came to be known as Janjaweed —to
fight against the rebels in Darfur
Sudan
Events of 2016
Darfur- Government forces killed civilians, raped women and girls, and destroyed
hundreds of villages. In September, the United Nations found the violence had
displaced up to 190,000 people
Elsewhere in Darfur, attacks on civilians by government forces and inter-
communal fighting over land and resources also resulted in deaths, destruction
and displacement.
Amnesty International alleged that the government used chemical weapons
against civilians
ethnic cleansing, as Black Arab militias carry out systematic massacres of tribes
people in the Darfur region. The government has a close knowledge of what's
going on - and influence the Arab militia
o Blood Diamonds
• The illicit trade in diamonds has funded brutal wars and human rights
abuses for decades. Despite significant progress, the problem has not
gone away.
• Global Witness first exposed the problem of blood diamonds in 1998
and played a key role in establishing the Kimberley Process (KP), a
government-led certification scheme, initiated in a bid to clean up the
diamond trade. The scheme was launched in 2003 and requires
member states to set up an import and export control system for
rough diamonds. Over 75 of the world's diamond producing, trading
and manufacturing countries participate in the scheme.
• Not long ago, Zimbabwe’s diamond fields were the site of torture,
forced labor, child labor, sexual violence, and murder. Diamond
mining in Zimbabwe continues to be plagued by human rights abuses
and corruption. There also has never been a criminal investigation
into a massacre that claimed the lives of 200 diamond miners.
JOHANNESBURG — Zimbabwe’s military, controlled by President Robert
Mugabe’s political party, violently took over diamond fields in Zimbabwe
last year and has used the illicit revenues to buy the loyalty of restive
soldiers and enrich party leaders, Human Rights Watch charged in a
report released
• Unsurprisingly, the lifting of the export ban did not lead to an
improvement in Zimbabwe’s diamond mining practices. Diamond mining
companies have been polluting the air and water. They have failed to
provide adequate compensation or even food to the hundreds of families
that were evicted to make way for diamond mining. Although violence has
declined since 2008, trespassers continue to be beaten, tortured,
and killed. Furthermore, nobody has been held criminally responsible for
the massacre in 2008.
• Most of the country’s diamonds are exported to major trading hubs
and cutting and polishing centers where they are mixed into the general
diamond supply, their origins lost. From there, the gems are legally
brought to the United States.
• Only a small percentage of diamonds are traceable to an origin by the
time they reach the consumer.
South Africa
• Despite South Africa’s strong constitutional protections for human rights
and its relative success at providing basic services, the government
continues to struggle to meet demands for economic and social rights.
• Issues such as unemployment, corruption, and threats to freedom of
expression remain a concern for many South Africans.
• Excessive force by police is a persistent problem.
• Concerns remain about the treatment of migrants, refugees, and asylum
seekers, and the government has done little to address the root causes of
outbreaks of xenophobia violence.
• South Africa continues to play an important but inconsistent role in
advancing the rights of lesbian, gay, bisexual, and transgender people.
.
• Mendez report complied by UN on torture in 2015 indicates there
are at least 10 Mn children living in orphanages, residential homes,
psychiatric hospitals & other institutions around the world
.
• Human Rights in Pakistan
.
• Constitutional of Pakistan 1973
• Chapter 1: "Fundamental Rights" of Part II
• article 9 of constitution of pakistan
• articles 8 to article 28 of the 1973 constitution
.
• 2012, President Asif Ali Zardari signed the National Commission for
Human Rights Bill 2012 for the promotion of the protection of human
rights in the country. However, it remains to be seen if any positive
effects will be derived from this.
• Sindh passes bill to establish minorities' rights commission
• 2016- Call for early establishment of minority rights commission -
Pakistan ...
.• Human Rights NGOs in Pakistan
• Pakistan Council for Social Welfare and Human Rights
• Pakistan International Peace and Human Rights Organisation
• Pakistan International Human Rights Organization
• Human Rights Council of Pakistan
• Asian Human Rights Development Organization ·
• Association for the Development of Pakistan ·
• Aurat Foundation ·
• Aga Khan .
• .Eidi foundation
• Sahara Life Welfare Trust
• Islamic science organization
• The Citizens Foundation
• The Fred Hollows Foundation
•
Human Rights in Pakistan
• Growth in value of the Human Development Index (HDI) for Pakistan has almost stagnated over
the last five years, according to a study carried out by a UN agency.
• Pakistan’s HDI for 2013 is 0.537 — which is in the low index category — placing the country at
the 146th position out of 187 countries and territories.
• Other South Asian countries, which are similar to Pakistan in terms of the HDI and to some
extent population size, are India and Bangladesh, which have been ranked 135th and 142nd
respectively.
• Despite the first-ever transfer of power from one civilian government to another in Pakistan, the
army and its associated agencies have regained primacy in governance.
• Enforced disappearances, extrajudicial killings, and torture take place with impunity. Violent
attacks by extremist Islamist groups or mobs on religious minorities, fostered in part by
draconian “blasphemy laws,” are frequent.
• Sectarian violence and the government’s confrontation with militant groups continue to feed
instability.
• In response to massacres by the Pakistani Taliban, overly broad counterterrorism legislation was
passed in 2014 that created a legal pretext for abuses by the security forces without
accountability.
• Despite the long moratorium on the death penalty imposed by the previous government, the
Nawaz Sharif government has engaged in numerous executions of those on death row for
political reasons.
• Freedom of the press is complicated, in general freedom of the press is allowed
but any reports critical of the government policy or critical of the military is
censored. Journalists face widespread threats and violence making Pakistan
one of the worst countries to be a journalist in, with 61 being killed since
September 2001 and at least 6 murdered in 2013 alone.
• Security forces routinely violate the human rights in the course of counter
terrorism operations in Baluchistan and elsewhere. Suspects are frequently
detained without charge and or convicted without a fair trial. Thousands of
people rounded up as suspected terrorists continue to languish in illegal
military detention without being produced in court or being prosecuted. The
army continues to deny independent monitors, lawyers, relatives or
humanitarian agencies access to the prisoners
• Domestic violence in Pakistan is an endemic social problem. According to a
study carried out in 2009 by Human Rights Watch, it is estimated that between
70 and 90 percent of women and girls in Pakistan have suffered some form of
abuse.
• Honor killing
• Gradual progress is being made in uplifting the people of the country and trying
to overcome the problems of poverty, education, crime and lawlessness
however it requires time and adequate security before these measures can be
fully looked at.
• Balochistan
.
• Sialkot murder/
• Mishal Khan
• Zainab case
• Model town carnage
• Imran Khan’s sit-in
• 5 bloggers kidnapped
• Fake police encounters
• Qandil Baloch
• Tayyaba
• My feudal lord
.
• Frontier crimes regulation (FCR) in tribal area.
.
• Hurdles in Promoting Human Rights
Hurdles in Promoting Human Rights
• Double standards
• HRs & security issues
• Encroachment of territories (on the pretext of national sovereignty).
• Authoritarian/ Monarchist , Military rule
• Indifference and non-cooperation of states leads to oppression and
injustice in other areas.
• United Nations imposes sanctions and embargoes against people
deserving their rights. (Iraq).
• (No action against Suu kyi)
Double standards
.
• Indifference of national governments along with their lack of
resources (Education).
• Lack of funds and means to…
• Male chauvinism
• Unequal distribution of wealth, lack of education and awareness.
• Populism….
.
• What good is international law if states don’t follow it? Should we
care about international courts if governments don’t do what they
say? One often hears such questions when it comes to human rights,
notoriously the most difficult body of law to enforce. As courts from
the Inter-American Commission on Human Rights, to UN treaty
bodies, to the ICC struggle to ensure that states comply with a key
rule of law principle
.
• state’s human rights obligations extend to all branches and level of governments, but
implementation itself depends on specific institutions. While one decision might call upon
legislators to pass new laws and a ministry to pay damages, another might require domestic
judiciaries to reopen criminal proceedings or investigate suspected human rights violations. One
challenge for states, then, is to build the capacity of these multiple actors and strengthen the
coordination among them.
• Of course, mechanisms are not the same as political will, which remains the most important
factor for enforcing human rights. This means that while some efforts at implementation reflect a
serious commitment to the rule of law, others remain—by design or neglect—poorly resourced,
badly staffed, and politically feeble.
• For this reason, strategies are as important as structures. Where one branch of government might
prove intransigent or unwilling to comply with an international decision, other avenues of state
can help bring pressure to bear. Such strategies have proved successful even in the most difficult
of political environments, including Russia, where international litigation has led to major reforms
of the country’s guardianship laws, or Zimbabwe, where, in the face of state inaction, South
African courts have ordered the country’s national prosecutor to investigate allegations of torture
by Zimbabwean security officials.
.
• Implementing human rights has a cost. Failing to implement human
rights has a cost too. Clearly, the financial situation is impacting upon
those structures and services whose purposes are to render human
rights accessible and effective. On a recent trip to Latvia I found out
that the budget of the Ombudsperson’s Office has been slashed
significantly compared to last year creating a heavy burden on the
institution to fulfil its mandate. At a time when the UN Convention on
the Rights of Persons with Disabilities (CRPD) demands that
governments allocate resources and step up services to implement
rights, including a national monitoring mechanism (Article 33), it is
worrying that the reverse may be happening.
.
• Suggestions To Promote Human Rights
Suggestions To Promote Human Rights
• The recommendations given in the Declaration need to be followed and all
organs and systems working for the cause need to come together and work to
promote human rights.
• There needs to be an effective system that recognizes human rights
violations.
• The United Nations can keep an emergency force or unit to react to serious
violations of human rights.
• An international criminal court can be made to counter serious violators of
human rights
• Liberal Democracy needs to be practiced and guaranteed in all countries.
• Efforts need to be made for demilitarization.
• A reasonable amount of the budget needs to be allocated for Human Rights by
the United States.
• NGOs and other helping hands need to promote and spread awareness of
human rights globally. They can take help from social media as the
fastest and one of the most efficient means of spreading awareness in
the present day.
• In Pakistan, discrimination against women is a problem however, a law
commission has been established to look into the rights and status of
women and the protection of their rights.
• Security measures- the government should also enact legislation against
domestic violence and measures to improve investigation and
prosecution of “honor” killings and acid attacks, which target women.
The government also needs to provide greater protection for journalists,
who work in a climate of fear that impedes coverage of the state security
forces and militant groups.
• To protect human rights and to make human rights a priority in
government policymaking, the government should promptly constitute
the National Human Rights Commission, for which legislation has already
been enacted.
• End Sectarian Attacks- Shia Muslims and the Hazara Community in
particular needs to be protected.
• Protect Religious Minorities; Human Rights Watch urges the
Pakistani government to implement a moratorium on the use of the
blasphemy law, which often leads to violence, as a first step towards
its repeal.
• End Abuses and Enforced Disappearances in Baluchistan; Pakistan’s
government should take all necessary measures to end enforced
disappearances, extrajudicial killings, and arbitrary detentions, and
fully investigate and prosecute as appropriate all persons, regardless
of position or rank, who order or carry out such abuses.
• End Counterterrorism Abuses
• Constitute National Human Rights Commission
• Restore Moratorium on Death Penalty
Conclusion
concept of rights is inherently paradoxical, aiming to achieve a utopian
ideal,
First, many scholars have flatly asserted that human rights do not exist, and
are
therefore an absurd policy to advocate and promote (Brown 1997;
MacIntyre 1981). In
the following essay questions regarding the metaphysical “realism” of
human rights will
not be addressed
Nevertheless, the cases reviewed
can generally be broken into five distinct categories. First, certain critics argue that
human rights are an entirely Western concept, and imposing them on other societies is
culturally hegemonic and potentially destabilizing. According to this thesis, while human
rights advocates may believe their cause to be noble, they are actually modern
emissaries
of the “white man’s burden”. Other critics are even more cynical, and argue that human
rights are merely a smokescreen for Western aggression, whether to extract natural
resources or secure more favorable trading terms. Third, there are those who combine
both views and posit human rights as a pernicious extension of the “neo-liberal project”.
3
by stressing individual autonomy and constant calls for choice, human rights
are potent tools for securing capitalism’s global expansion and systematic triumph.
Human Rights as Cultural Hegemony
Among the most prominent human rights skeptics are those who deny their
universal applicability. Such critics contend that human rights are strictly a
Western
phenomenon, and neither should nor can be imposed upon different
societies. Despite
appeals to human right’s supposed global commonality, advocates of this
view argue that
“value exists only in a given cultural context”, and to act otherwise elevates
Western
liberalism over other forms of social order (P
Human Rights and Wrongs: A Critical Overview of Contemporary Human Rights Skepticism (PDF Download Available).
Available from:
https://www.researchgate.net/publication/228184419_Human_Rights_and_Wrongs_A_Critical_Overview_of_Contem
porary_Human_Rights_Skepticism [accessed Jun 28, 2017].
Human Rights as Political Hegemony
In his provocative essay “Terror in the Name of Human Rights” Tarik Kochi
takes an even more cynical view of human rights than that of Mutua, Preis, or Brown
(2006). While Kochi does not deny human rights can be beneficial, he is more
concerned
by their grave potential for abuse. According to the author, Western governments have
used human rights discourse as a smokescreen for legitimizing their own selfish
ambitions; rights are often invoked not to secure some greater social good but rather
as a
clandestine means to further specific political and economic interests. Human rights
can
thus act as an effective pretext for justifying everything from economic sanctions to
outright military intervention.
invasion of Iraq as
recent proof (2004). Although originally predicated on the search for weapons of mass
destruction, when these proved illusory human rights abuses became a frequent
justification for Saddam Hussein’s downfall. Donald Rumsfeld even declared the “War
on Terrorism…a war for human rights”, essentially couching any future U.S. aggression
as a form of rights protection (460). As Brown summarizes, it can be exceedingly
difficult “to separate human rights campaigns from legitimating liberal imperialism
Human Rights and Wrongs: A Critical Overview of Contemporary Human Rights Skepticism (PDF Download Available).
Available from:
https://www.researchgate.net/publication/228184419_Human_Rights_and_Wrongs_A_Critical_Overview_of_Contemp
orary_Human_Rights_Skepticism [accessed Jun 28, 2017].
idea of liberty itself
bankrupt and in need of disposal