1. An examination of the history of almost any type of social movement, including human rights (HR) movements, shows that there are great spurts of action, of organization followed by periods of relatively slower growth, perhaps to be followed by new spurts, generally of a variant kind of organization in the same realm. It may well be, that the original spurt of the HR movement is at a lull right now (the SDGs only pay lip service to them!) and that a next spurt with a renewed moral* and political spirit is ‘in the air’ (A. Stinchcombe) –meaning fear and fright are being overcome…
*: Within the scientific community, there has been almost a code of honor that you will never transgress the red line between pure analysis and moral issues. But we are now in times where we have to think about the moral and HR consequences of our stance towards society. (H. J. Schellnhuber) For instance, economic development, to be morally good –i.e., fair and just– must take into account people’s need for things like freedom, education, health and meaningful work: all HR attributes. Furthermore, Pope Francis rejects the belief that technology and the ‘current economic outlook’ will solve environmental problems, or “that the problems of global hunger and poverty will be resolved simply by market growth.”
2. So, what are the challenges that a renewed push will have to face? First, it will have to develop a clear, renewed vision of where it wants to go post 2015. Revitalization will require espousing convincing policy proposals that clearly express solidarity between the different segments of the population whose rights are being violated within and between countries and continents. New forms of bringing together these groups to coalesce into a veritable movement must simply be pursued. The newly established active groups of claim holders must no longer be dominated by white male leaders from the North, but by women, people of color, minorities, many of those who are subsisting through hidden, underpaid wage-labor or in otherwise precarious jobs, or live under a debt bondage –frightened. A broadened definition of these groups will necessarily lead to a drastic change in the HR movement’s operations. It will assist these groups to further their claiming and demanding interests effectively. An additional final change needed concerns changing organizational structures and cultures not only adapted to local realities, but also to the structure and culture of the growing international HR network. Probably, the best option will be a new democratic, unitary structure facilitating the inclusion of the newly joining groups in the same international network guaranteeing a democratic approach, i.e., a greater participation of the rank-and-file members. The possibilities offered by the internet are a positive contribution to a renewed structure of this kind.
3. Moreover, and most importantly, new methods of collective action, away from fear, and especially across borders, have to be adopted. While lobbying governments and transnational organizations has to date been the principal activity of international HR activists –and efforts are made to cultivate the ‘good will’ of states– effective action requires much greater effort engaging in active measures such as boycotts, mass demonstrations, people’s tribunals, and so on (which in turn demands a substantial strengthening of the internal structures).
4. The HR movement cannot afford to simply be a sleeping giant or a weak inter-societal federation of frightened people. The question is whether the existing international HR movement can meet the challenges outlined here. It is likely that a new spurt in our development will be a difficult process, interspersed with failed experiments and moments of crisis. For our HR movement, organizational structures and patterns of behavior have existed for over two decades and are not easily changed. But change we must –and some inklings of it can already be seen. We are aware that it is highly unlikely that new structures and patterns will be shaped through reforms from above, through the central leadership. If there is one thing that history has taught us, it is that movements, for instance trade union structures, almost never develop smoothly by means of piecemeal engineering. They are generally the outcome of conflicts and the willingness to embark in ‘risky’ experiments. Pressure from below through citizen claim holders paying attention to alternative action models will be a highly important factor in deciding the outcome. (HR Learning playing a key role here).** What forms those pressures will take, and whether they will be sufficient to bring about major changes, no one can say yet with any certainty. The chances that a successful new push will materialize soon will depend on all of us awakening the sleepy (but not sleeping, not frightened) giant. (M. van der Linden)
**: If by citizen claim holders exerting pressurefrom below we mean their using the HR framework todemand their rightsby bringing governments to account and, for instance, decide how tax funds are used,then, beware, we willstillbe far from being active in global citizenship.At he global level, way too much attention is being given to ‘multistakeholderism’ these days. The notion of ‘stakeholder’, as opposed to ‘shareholder’, was originally a way to make corporations purportedly more accountable to the people affected by their actions. But now, multistakeholder governance in the Internet, in public-private partnerships (PPPs) within the United Nations or elsewhere means that corporations are moving into takingup a role in global governance–without necessarily becoming more accountable in the process. This means less rights for citizens, not more. (RobertoBissio)
Although unrelated to the above, I have to cover an important HR topic in this Reader.So here are some words on Human Rights Impact Assessments
5. Although other types of impact assessments, particularly health impact assessments, may also involve participation by the people likely to be affected and concerned about the inequality of the health consequences on different populations, Human Rights Impact Assessments (HRIA) are distinctive in that the principles and norms used are elaborated based on a body of existing international and domestic laws and recommendations. Therefore, what is required for the fulfillment of the rights to non-discrimination and to equality, for example, is not decided by the assessment team, but rather by bodies authorized to establish standards that apply to all levels of government and across all sectors, as well as apply to the monitoring of compliance with them. Human rights (HR) thereby provide greater coherence and stronger mechanisms of accountability than other forms of impact assessment.
6. Human Rights Impact Assessments intend to contribute to the capacity of claim-holders to claim their rights and duty-bearers to meet their obligations. This invariably means that HR Learning for both claim-holders and duty-bearers must be part of the assessment process. HR Learning empowers claim-holders by giving them knowledge of their rights, this encouraging participation in the assessment, as well as in future HR struggles. HR Learning for duty-bearers is centered around the standards they are responsible for meeting and the processes they need to put in place to inform the public. By encouraging their participation, at the same time they are promoting equality and nondiscrimination, and are integrating accountability mechanisms into government decision-making. In this way, HRIA processes serve as a model and an opportunity for claim-holders and duty-bearers to practice HR-based governance.It is key that the people most likely to be affected are included in this process from early on, rather than simply as sources of information at more advanced steps. They must have a meaningful opportunity to influence the decisions on which alternatives, if any, are explored before adoption. HR principles and standards provide the framework for this discussion. All alternatives must be evaluated in terms of their HR impacts.
7. The main difference here is that human rights standards are integrated into each step of the HRIA. Therefore, the initial screening requires determining the HR obligations of the State; scoping requires informing claim-holders about their HR entitlements and how the proposal under review may impact on them; data collection must thus be done in response to established HR-based indicators. In later steps, HRIA requires a HR-based analysis of the options and a HR-based justification for the policy under consideration for adoption. It is this use of the HR framework that makes the HRIA unique.
8. Repeated recommendations of the Committee on ESCR (CESR), over several years now, urge States to employ HRIA so that HRIA must now be considered the appropriate means to make progress in realizing economic, social and cultural rights.*** The Convention of the Rights f the Child (CRC) has also recommended child rights impact assessments be carried out on investments in the health sector. Human Rights Impact Assessments are clearly an aid to equitable, inclusive and sustainable policy making –and from a right-to-health perspective, are a key feature of ahealth system.
***: As an aside here, consider: There is nothing like ‘fundamental human rights’. This comes from the US-favored position that only civil and political rights are real or ‘fundamental rights’ while economic, social and cultural rights are ‘aspirational rights’. (UrbanJonsson)There is nothing like ‘basic human rights’ either; all rights are equal, i.e., indivisible, interdependent and interrelated. Actually, over and over, we have to reaffirm the interdependence and indivisibility of civil and political (CP) rights with economic, social and cultural (ESC) rights in the context of their correct connotation, that is that both categories of rights are equally justiciable and subject to effective remedies.
9. In sum, so far, HRIAsare necessary to determine whether a proposal is consistent with any State’s existing national and international legal obligations, including obligations for the right to health. It is also an important means of informing public debate and thereby enhancing the right to take part in the conduct of public affairs.
10. HRIAs require: broad-based consultations with international agencies, non-profit organizations, public health or other professional associations, community-based or advocacy groups, and community leaders who can provide invaluable perspectives regarding how health policies affect human rights in their communities. Today, HRIA is widely recognized as a key tool in the HR toolkit.
11. As part of the policymaking process, impact assessment has become a method to engage claim-holders and duty-bearers, to provide an evidence base upon which to predict the potential impacts of a variety of options, to openly debate alternatives and to select the policy option that will lead to the greatest positive impacts. This approach correlates well with the obligation of governments to progressively realize the right to health and other rights. Therefore, today the aim of a HRIA related to health is to identify the policy option that will lead to the greatest enjoyment of the right to health. HRIA is necessary for governments to know whether proposed policies conflict with their pre-existing HR obligations, including to progressively realize the right to health. Guidelines do exist.
12. The proliferation of soft law aspects on HRIA so far has the potential, with time and further development, to turn into hard international law. There is no doubt that the entrenchment of HRIA in domestic law will be necessary before HRIA is carried out routinely as part of the policy making process. It is time for governments to routinely carry out HRIAs of proposals that have the potential to impact on the right to health and other rights, as recommended by the pertinent UN HR mechanisms. In this regard, HR Learning in more public health schools will be helpful. Finally, there is a huge need for funding to carry out HRIA. Governments can no longer claim that the right to health is too vague to implement, nor can they maintain that the methods and tools for monitoring and assessment of the right to health are not available. A wide range of methods and tools are now available for governments and NGOs to carry out HRIA, including those related to health. HRIA for healthy policy making is now a feasible endeavor at the local, national, and international levels. Moreover, HRIA is now highly recommended, perhaps even legally required, by the CESCR and the CRC, as well as the UN Special Rapporteurs on the right to education, the right to health, and the right to food. Even if not yet legally required by HR bodies or by domestic legislation, HRIA simply makes sense as it leads to improved decision-making processes, healthier policies, and greater respect for human rights. (GillianMacNaughton)
Claudio Schuftan, Ho Chi Minh City
cschuftan@phmovement.org