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 Guarantees entitlements & freedoms for

every human to live a life of dignity & realize one’s full potential.

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

What do Human Rights do?

Benefit nations & people

Levels the playing field

Protects the vulnerable from exploitation

Protects those with unequal power from abuse

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

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…”

Adopters of the Universal Declaration of Human Rights

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  

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

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

Democracy & Human Rights in the Commonwealth Harare Declaration endorses human rights &

democracy across Commonwealth

Commonwealth recognizes representative democracy must be substantive & participatory

Democratic parliamentarians: promote welfare reject discrimination facilitate development, equity & justice encourage civic participation

5 Pillars of Good Governance1. Transparency in decision-making

2. Ensuring people’s participation

3. Responsibility in the exercise of power

4. Accountability of the decision-makers

5. Responsiveness to people’s needs

Diagram of Good Governance Pillars

Responsible

Responsive

Good Governanc

e

Accountability

Participation

Transparency

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.

Approaches to PovertyRights-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.

Role of Parliament Designs development & poverty

eradication policies

Tasks & choices for development include economic growth; equitable distribution of wealth; and social justice.  

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

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.

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

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.

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

 

The Process of Committing to International Movements

Signature: Pledges state support for treaty

Ratification: The State is legally bound by treaty obligations. Head of StateParliament

Accession: Similar to ratification, legally binds the State for states that had not previously signed treaty

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.  

The International Bill of Rights

Comprises The Universal Declaration of Human Rights The International Covenant on Economic,

Social and Cultural Rights The International Covenant on Civil and

Political Rights

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

Seven Core Human Rights Treaties1. Committee on the Elimination of Racial

Discrimination2. Committee on Economic, Social and Cultural

Rights3. Human Rights Committee (HRC) 4. Committee on the Elimination of Discrimination

against Women (CEDAW) 5. Committee against Torture (CAT)6. Committee on the Rights of the Child (CRC)7. Committee on Migrant Workers (CMW)

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)

Other Charter-Based Bodies General Assembly (GA)

Security Council

The International Court of Justice (ICJ)

Economic and Social Council (ECOSOC)

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)

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)

The Millennium Development Goals1. Eradicate Extreme Hunger and Poverty2. Achieve Universal Primary Education3. Promote Gender Equality and Empower Women4. Reduce Child Mortality5. Improve Maternal Health6. Combat HIV/AIDS, Malaria and other Diseases7. Ensure Environmental Sustainability8. Develop a Global Partnership for Development 

African Regional Structures for Human Rights 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)

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

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

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

The Executive Office & Human Rights Executive = Cabinets or President &

advisors

Executive appoints Advocates to Key Positions

A Human Rights Supportive Foreign Policy

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.

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

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

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

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)

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’

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

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

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

National Human Rights Institutions 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

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