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Modernity and Globalization

Modernity and Globalization. Gurminder K. Bhambra. Universal Human Rights. Week 18. What are Human Rights?. Natural rights: Hobbes, Locke, Rousseau Critiques of Natural Rights Bentham ‘Nonsense on stilts’ Marx: Rights are social, not natural Wollstonecraft: Women should also have rights

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Modernity and Globalization

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  1. Modernity and Globalization Gurminder K. Bhambra

  2. Universal Human Rights Week 18

  3. What are Human Rights? • Natural rights: Hobbes, Locke, Rousseau • Critiques of Natural Rights • Bentham ‘Nonsense on stilts’ • Marx: Rights are social, not natural • Wollstonecraft: Women should also have rights • Early Modern Declarations of Rights • 1776: US Declaration of Independence • 1789: French Revolution: Declaration of the Rights of Man and Citizen • 1804: Haitian Constitution

  4. Modern Human Rights • UN Charter, Article 1 (3): • ‘promoting and encouraging respect for human rights and fundamental freedoms’ • International Bill of Human Rights • The Universal Declaration of Human Rights (UDHR) • The International Covenants on Social, Economic and Cultural Rights and on Civil and Political Rights, • The Optional Protocols on the death penalty and individual complaints

  5. Universal Declaration of HR • Endorsed in 1948 by the General Assembly of the United Nations • 48 of the, then, 58 member states voting in favour • 8 abstentions and 2 countries missed the vote • Saudi Arabia, the Soviet Bloc, and South Africa abstained • The UN’s primary human rights activities fall into three categories: • standard setting • promotion and protection • humanitarian function

  6. Covenants • Tension over the importance of socio-economic rights in relation to civil and political rights led to the adoption, in 1966, of separate covenants • These came into force in 1976, making many of the provisions of the UDHR effectively binding for the first time • submission of regular reports on the measures adopted and progress made in achieving the observance of the rights recognized • 1992 Vienna Declaration: the rights listed in the covenants were deemed universal, indivisible, interdependent and interrelated

  7. Background to ICC • 1945-8: Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity • 1990s: International Criminal Tribunal for the former Yugoslavia and for Rwanda • These led to a general agreement that an independent, permanent criminal court was needed • The ICC is the product of a multilateral treaty, whereas these Tribunals were created by the UN Security Council • In 1998 the UN approved a statute to establish an International Criminal Court • In 2002 this was ratified and came into force • 120 countries voted for, 7 against, and 21 abstained

  8. International Criminal Court • The ICC is located in The Hague, Netherlands • It is an independent, permanent court • It tries people accused of genocide, crimes against humanity and war crimes • Proceedings can be initiated by a State Party, the Prosecutor or the UN Security Council • ‘Complementarity’ allows national courts the first opportunity to investigate or prosecute • Investigations cannot be retrospective (i.e. before 2002 or before a country joined) • It is funded by states and by voluntary contributions from governments, international organisations, individuals, corporations etc

  9. ICC: First Trial • 26 January 2009: Opening of the first trial at the International Criminal Court. Case The Prosecutor v. Thomas Lubanga Dyilo • Lubanga is allegedly responsible, as co-perpetrator, of War crimes consisting of: • Enlisting and conscripting of children under the age of 15 years into the Patriotic Forces for the Liberation of Congo (FPLC) and using them to participate actively in hostilities in the context of an armed conflict

  10. Global Civil Society and the ICC • Lawyers • Human Rights groups • Women’s groups • Lobbying • Dissemination of information • Journal articles, expert documentation • Conferences • General media

  11. Key Issues and Actors • Sovereignty • Governmental authority based on the ‘will of the people’; a people are sovereign over their territory; international law protects sovereignty • Globalisation • Territorial sovereignty has been superseded in many areas; processes of globalisation are faster than rise of international governance; need to protect individuals globally • Social Movements • Challenging existing structures and hierarchies, mobilising people in an informal way • NGOs • Dissemination of information, standard setting, mobilising people in a formal way

  12. ‘Generations’ of Rights • First generation: civil and political rights • Second generation: socio-economic rights • Third generation: rights safeguarding the environment and global resources for future generations • This expansion of the substance of rights has been met with an effective relocation of human rights advocacy to the realm of ‘global civil society’ pursued by a network of NGOs

  13. Questions • Why are human rights important? • What is the role of civil society in relation to human rights? • Are human rights an unreserved good? • How effective are human rights organisations?

  14. Revision Lectures • Next week’s lecture (3/3/09): initial revision session and exam advice • Assessed Essay advice sessions: make an appointment on the sheet on my door (R3.14) • Mon 9/3/09, 1-4pm • Tues 10/3/09, 1-2pm • After the Easter vacation • Revision Lecture 1, week 3, Tues 5/5/09 • Revision Lecture 2, week 4, Tues 12/5/09

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