-What ever happened to the maxim “to each according to her needs?”
-He who has, fears losing privileges; he who does not have, aspires to have opportunities; that is the dialectics of hard reality. (Leonardo Boff)
1. What the adoption of the human rights framework is all about is making sure that short-term responses do not preclude the chances of identifying and acting-upon long-term solutions. (Olivier de Schutter) The human rights framework is definitely used wrongly if it delays policy development or, as is often the case, it deteriorates into a series of public relations exercises by its proponents. The ultimate purpose of adopting the human rights framework is to embark in it with clear objectives and rules of engagement that are task- and action-oriented, as well as time-bound. (F. Gomez) That is why accepting the human rights framework does not allow for a ‘pick and choose menu’ approach. (Martin Wopold Bosien)
2. We have all seen how the usurpation of the concept of human rights (HR) has caused it to lose the essence of the social and economic message it is supposed to convey. There is a thus real danger of losing the long-term transformative wisdom and sense of the HR framework. We cannot but be watchful. We must also be clear when we speak about HR, i.e., we must insist on the fact that the HR framework is ultimately intended to bring about change in the prevailing economic and social discourse. (La Via Campesina)
3. Applying the HR framework is about applying its operational principles and standards of conduct so as to ensure development plans deliver on their promises to everyone in society. Its application is about making sure the new development agenda avoids the shortcomings that have hindered progress towards key current MDGs, for example. The post-2015 agenda should thus be firmly rooted in the nine key principles of the HR framework, namely universality, interdependence, equality, participation, transparency, accountability, meeting minimum essential floors, using maximum available resources and international cooperation. These have, by and large, been overlooked in the design and implementation of current development commitments. As a consequence, now is the time to define ‘common but differentiated’ responsibilities. Abiding by these principles, standards and responsibilities will indeed help ensure that the sustainable development commitments to be agreed by 2015 do not go down in history as yet another set of overoptimistic yet unfulfilled promises. The basic needs era generated promises; HR call for correlative duties: a different ‘ball game’. The new development framework will have to actively empower citizens so they can hold their governments and the international community to account for what they are doing to meet the commitments they have solemnly made internationally.
4. Never forget: Reframing development in HR terms is not only an ethical and legal imperative; it also enhances the effectiveness and accountability of future development efforts.* (CESR)
*: But we are not dreamers. We are aware that, at best, HR have been referred to in current development debates as rhetorical abstractions whose relevance to the nitty-gritty of social policy formulation has rarely been spelled out. At worst, HR have been misperceived as either irrelevant to the development process or as too politically-sensitive for inclusion in a global partnership for development. (CESR)
Participation must come before accountability
5. Also all about HR, is the fact that HR policies must be initially developed through processes of consultation (defined by the Oxford Dictionary as meaning ‘to seek information or advice from’) rather than through a process starting at the negotiations stage (defined as ‘trying to reach an agreement or compromise by discussion’) where a proposed text is put forward for popular discussion.
6. What the latter implies is that there cannot be any intention for any one or any group of duty bearers to ‘own’ HR. HR are a universal alternative to be used and driven by claim holders either intuitively or as achieved via widespread ad-hoc (badly needed) HR learning activities. Owning HR brings about a new way of working –in the positive sense of the word (even if not always in a predictable way). Ownership must lead to the development of national platforms or coalitions that will give growing legitimacy to initiatives born locally.** (The problem is that many existing platforms do not include a single claim holder –when the issue is precisely to inject their know-how into the development equation). As repeated over and over in these Readers, decisions on HR cannot be taken without consulting the grassroots… (La Via Campesina)
**: Note here that there are no conflicts between the HR framework and, as is sometimes alleged, trade unions. Sometimes the gap is big, but also there is no dialogue. The debate on alliances with working-class trade unions is considered a central issue due to their fundamental and historical role in society. (La Via Campesina)
When a law is unjust, the correct thing to do is to disobey. (Mahatma Gandhi)
The obstacles to strengthen human rights law are not legal, but political.
7. States are not at all asked to make generous-political-commitments. As they guarantee the fulfillment of the HR of their citizens, they are nothing but discharging their duty under international human rights law.***
***: We are not unaware that there are formidable impediments to the application of HR to address the major HR problems under the globalization regime.
8. That is why we need independent monitoring mechanisms that allow individual victims or organizations to file claims against any state failure to take the measures required under international law for the realization of the different economic, social and cultural rights; this is what distinguishes legal obligations from mere policy commitments.**** (adapted from Olivier de Schutter) Do not overlook the fact that we now have the respective Optional Protocol with clear instructions on how to go about to place claims.
****: It is very disturbing when the word ‘responsibility’ is used instead of ‘obligation’ or ‘duty’. Such a language reflects a clear lack of determination to adopt the human rights framework. It is important also not to forget that the concept of ‘voluntary guidelines’ is not recognised by International Human Rights Law. (!) (Urban Jonsson)
9. This is also why having the private sector around the table –with its myriad conflicts of interest– is a crass mistake when policies are being decided. Among other, the risk we know this brings is that we end up with small incremental changes rather than the significant, effective structural changes that are actually needed.
10. It is actually more. Given the role corporations often play in governance issues, the obligation of States to protect against human rights infringements by third parties requires taking proactive steps to prevent, investigate, punish and redress any abuse through effective policies, legislation, regulations and adjudication. This means that States must ensure that those affected by business-related abuses have access to a prompt, accessible and effective remedy –where necessary including recourse to judicial redress, as well as non-judicial accountability and grievance mechanisms. (M. Sepulveda)
11. In general, as regards duty bearers, the main challenge they face is not what actions they think are feasible or how they have to be carried out, but rather their willingness to take action, i.e., what some call political will, or rather the lack of it. In the words of one observer, most duty bearers suffer from a disease called ‘cold feet’ characterized by looking the other way of HR violations and thus not being willing to take the needed actions when it comes to the protection of the most vulnerable people in society. One way of removing the cold feet and opening up real possibilities, therefore, is to look-around-and-point-fingers at non-responsive leaders and politicians, both globally as well as locally –this being what in HR parlance is called holding duty bearers accountable through organized demanding. (M. Gulleth)
In a human rights context, there are innocent victims and ‘guilt victims’. (Leonardo Boff)
For every ten persons that are actually responsible for human rights violations there are a thousand that condone these violations –many of them are high level decision makers. Ergo, in any given country, the progressive disappearance of morals and of the respect for human rights always precedes historical catastrophes. (Albino Gomez)
12. Where this puts us is confronting the need to counter the cynical view that nothing will work. We need to make the case that fighting against HR violations does work –and it is not just for humanitarians to get involved, but for finance ministers, presidents and prime ministers to do so. We need to aim high. (J. Sheeran). *****
***** Caveat: Minimalism is a dead end street. At the end of the day, just a token compliance with HR is still a violation of HR.
13. It is not an illusion that we can protect people from HR violations under current adverse conditions although sometimes we will face a very uphill battle. Such adverse conditions can simply not tamper our resolve. To revert the situation, we have to exert a social pressure of such a magnitude that the State is made to budge –and for this to happen communities simply have to become de-facto claim holders and forcefully demand. (A community is to be understood as a social group structured by ties, rights and duties, moral and/or legal). The State has to be made to understand that these violations do not only affect those whose rights are violated, but society as a whole. How? In that progress towards overall development is blocked. A political process has to be launched for the resolution of the HR problem as a clear political demand since governments otherwise act according to their preset priorities –of which HR are not one. (adapted from Fernando Monckeberg)
14. In short, about innocent and guilt victims, it is a horror that HR violations happen and are being accepted ‘just because’ it is perceived it is so difficult to do something about them. Those on the right are mostly unmoved in their disdain for what happens to the millions of the dispossessed and alienated. (Julio Cortazar) Most loathsome are those that recognize all the symptoms, but fall back on apathy. (Juan Carlos Onetti)
Claudio Schuftan, Ho Chi Minh City
cschuftan@phmovement.org