PHA-Exch> Food for a not only regrettable thought

[Claudio Schuftan]

Human Rights Reader 199



*HUMANRIGHTS VIOLATIONS ARE NOT ONLY 'SOCIAL REGRETTABLES'. *

A new social awareness has to be created about the fact that human rights
violations are socially constructed events and must thus be tackled with
public policies and actions nationally and internationally.  (F. Valente,
FIAN)**



1. When presented with evidence of many flagrant human rights violations in
their countries, many governments appeal to the 'insufficient resources' and
thus to the 'progressive implementation' clause of the  International
Covenant on Economic, Social and Cultural Rights to, in reality,
(indefinitely) postpone needed action. To get away with it, states often
refuse to accept violation claims and resort to (twisted) 'different
interpretations' of these terms. These arguments do not stand up to critical
scrutiny; they are put forward mainly for self-serving reasons. (K. Hossain)




2. Putting this in context, we will remember that States have immediate
obligations and core obligations*.

_______________

*: A core obligation means prompt steps must be taken especially for
the  traditionally
most deprived groups. These situations cannot be dealt with progressive
measures since they have irreversible consequences for the victims and
hinder them from leading a dignified life. (F. Valente, FIAN)



3. Let us recall that international human rights law expects states to
report on the progressive realization of different human rights (HR).
Progressiveness does not apply to immediate obligations though, i.e.,
non-discrimination and non-retrogression, as well as when there is a risk to
life requiring immediate action, i.e., in a famine situation**.

_____

**:Since famines kill tens of thousands of people, the *freedom from
hunger*is actually a civil and
*not* an economic, social and cultural right. …and, beware, despite famines
killing thousands of people, they do not ever kill the rulers.  (K. Hossain)



4. On the other hand, there is no 'minimum-essential-level' for states to
fulfill their HR obligations overall. Instead, there are core obligations,
as for example, immunization programs in health.



5. As civil society, we therefore, need to identify all acts of omission and
of commission by the state which directly contribute to the violation of HR
(for example, not preventing 100% preventable ill-health, malnutrition and
deaths).We must, furthermore, bring to the fore the underlying structural
determinants that allow/condone those situations that make the affected
population groups unnecessarily vulnerable. These unacceptable levels of
ill-health, malnutrition and preventable deaths must be seen as indicators
of chronic situations of vulnerability, and not as isolated events of
violations. States that have ratified the HR covenants cannot thus postpone
needed action (applies also to non-ratifiers). A concrete agenda for the
progressive realization of the violated HR is called for --and civil society
organizations (CSOs) have to hold the state accountable for this.



6. It is important for CSOs to keep in mind that cases of such ongoing
violations should (and can) be presented to the judiciary *if* there is
enough public pressure. Ergo, be aware that justiciability depends on social
mobilization!



7. Since currently used indicators, including those for the MDGs, do not
reflect well the processes needed for the realization of specific human
rights, we need to propose more adequate, viable and measurable new
indicators (or good proxy indicators).

Ultimately, states (or CSOs by default***) must develop adequate assessment
mechanisms with adequate disaggregation of data that allow for the
identification of the vulnerable groups and their unfulfilled rights so that
improvements can be monitored. Once the baseline situation is assessed,
states (or CSOs by default***) must propose clear benchmarks agreed-upon
with civil society and with the affected groups themselves; this is the
basis of progressive realization. Therefore, states (or CSOs by default***)
must clearly and thoroughly inform the deprived populations of their rights
and of the existing (or non-existing) policies and programs directed at
doing away with chronic violations. [People do have the right to be
supported to develop their own HR capacities and to be assisted when their
human rights are being violated].

_________

***: In this regard, further clarification of states obligations will play a
crucial role in increasing the capacity and the power of CSOs to claim.



8. Furthermore, administrative and legal mechanisms need to be put in place
to which claim holders can resort when they feel their human rights are
being violated. This calls for norms and procedures being instituted in
which the human rights of claim holders and the obligations of duty bearers
are clearly spelled out --including the setting of penalties for not
fulfilling such obligations.



9. Bottom line: As long as our struggle for HR is seen as fighting social
regrettables, human rights violations will not be forcefully denounced as
such and HR will a) not be realized, b) recourse instruments will not be
instituted, and c) victims will not be able to claim.



[*Four caveats:*

*i)* The recognition of human rights as the guiding principle of development
work does not, by itself, lead to an accelerated reduction of their
violation. However, it is a solid first step if associated with strong
social mobilization and with the institution of clear recourse mechanisms.

*ii)* Some of you may ask: why not setting up special government task forces
to make sure HR are respected, protected and fulfilled?
Commissions/committees/task forces come and go; civil society stays.



*iii)* Rich countries have the responsibility to provide the necessary
support to poor countries in promoting the realization of human rights to
the maximum of their available resources --and that includes supporting
social mobilization and the institution of recourse mechanisms in those
countries.

*iv)* Moreover, when rich countries are members of international bodies,
they must proactively foster the HR obligations they ratified and apply as a
nation].



Claudio Schuftan, Ho Chi Minh City

cschuftan at phmovement.org

[All Readers can be found in www.humaninfo.org/aviva  under
No.69<http://www.humaninfo.org/aviva%20%20under%20No.69>
]

____________

In good part adapted from writings by Flavio Valente, FIAN International,
Heidelberg.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://phm.phmovement.org/pipermail/phm-exchange-phmovement.org/attachments/20081026/ffff911a/attachment-0001.html>