Tag Archive for punishment

The Key Differences between First and Second Generation Human Rights

February 18, 2013 Human Rights & Conflict, International Relations, Paid Content No comments

(C) Kapok Tree Diplomacy. Mar 2011. All rights reserved. Jeff Dwiggins.
4,880 words. 17 pages double-spaced. 13 references.  {Formerly} PAID CONTENT

Introduction

UNDHRThe recognition of individual human rights under international law took on a “formal and authoritative expression” following the end of World War II when the United Nations (UN) General Assembly adopted the Universal Declaration of Human Rights (UDHR) in 1948 (Steiner, Alston & Goodman (SAG) 134). The UNDHR was designed to “take the form of a declaration – that is, a recommendation by the General Assembly to Member States that would exert a moral and political influence on states rather than constitute a legally binding document” (SAG 135).

Following approval of the UDHR, the UN Commission, General Assembly and Third Committee began work on a more “detailed and comprehensive” expression of human rights that emerged in the form of “two principal treaties – The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)” which were both approved in 1966 and both entered into force in 1976 through the required number of ratifications (SAG 136). The ICCPR and ICESCR were designed to be more legally binding than the UDHR. Collectively, these three documents are often referred to as the ‘International Bill of Human Rights’ (SAG 133).  Read more

Strengths and Weaknesses of Truth Commissions vs. Amnesty Laws as States Recover from the Atrocities of War

February 18, 2013 Free Content, International Relations, Prevent/Contain Intl. Conflicts No comments

(C) Kapok Tree Diplomacy. 2011. All rights reserved. Jeff Dwiggins.  FREE CONTENT

Truth Commissions (TCs) – TCs may be appointed or sponsored by national, international, NGO, or hybrid commissions (Bercovitch & Jackson 156). The strengths of truth commissions may include their low cost, flexibility, “wide range of purposes” that they serve, ability to “reconstitute the moral order and provide a measure of justice when trials are not an option,” usefulness in dealing with “disappearances and killings by anonymous death squads,” potential to end a culture of impunity, role in providing a new transitional government “room to maneuver,” and the “emotional therapy” they provide a “traumatized society” (Bercovitch & Jackson 159). But are TCs ‘compromise justice’ that actually weaken the ability to make peace?

Hayner’s analysis of 15 recent TCs is useful for delineating their strengths and weaknesses. Hayner notes that in Uganda (1974) the TC had “little impact on the practices of the Amin regime” (612); in Bolivia many abuses “were overlooked” (614); the Uruguay TC was “not a serious undertaking of human rights” (616); the Zimbabwe report “has never been available to the public” (617); the Chilean report resulted in a formal apology by the President and many recommendations being implemented (622). Furthermore, the Chad TC may have been established “to improve the new president’s image” and suffered from lack of funds (624-625); the El Salvador TC resulted in general amnesty only five days after publication of its report (629); and the South African ANC II report denied any “systematic policy of abuse” (633). Read more