PHA-Exch> Food for a name and shame thought

[Claudio Schuftan]

Human Rights Reader 212



DEAR MR(S) PRESIDENT/PRIME MINISTER: ELEMENTS OF AN OPEN LETTER TO THE
GOVERNMENT.



As human rights workers, our loyalty is recognized when we can feel ashamed
about the behavior of our own government. (F. Stern)

We need to tell our leaders the truth, because they too often exert their
power without acknowledging the objective facts on the ground --and nobody
(less so their cronies) shows them wrong.



1. To Promote a dialogue with government (…or a confrontation if unwilling
to engage), an option to be considered is to send to the government an open
letter on the topic of human rights violations. This is a good idea,
precisely because human rights work has the unique power to exact and wring
political will out of decision makers. The letter is thus one more tool to
enhance our power to demand and negotiate people’s human rights be
fulfilled. [Remember that otherwise, human rights work is a mix of promoting
human rights learning, public discussion, social monitoring, investigative
reporting and social mobilization].



2. The letter should demand a response about what the government has-done,
should-be-doing, cannot-do and why, so that civil society can offer what *it
* can do to help to make sure human rights (HR) are progressively realized
in realistic terms and realistic time frames.



3. The letter should point out ‘what-should-not-be, but-actually-is’, i.e.,
pointing out specific HR violations in the different domains especially
those of economic, social and cultural rights. Since here is where the
investigative reporting comes in, an as thorough as possible review of the
non-fulfilled key HR obligations by the state should be systematically
carried out prior to preparing the letter*. Ultimately, the letter should
not only describe the HR-violating reality, but at the same time, suggest
and promote actions that move in the direction of greater social justice and
equality of opportunities *and of results.*

*: The People’s Health Movement Global Right to Health Care Campaign is an
example of such an assessment for the violations to the right to health, see
www.phmovement.org  and follow the link to ‘campaigns’.



4. The letter must remind the government that what it so often engages-in is
socially irresponsible and does not stand-up to the justification of being
‘economically effective’.



5. The government should be asked to enact the needed mix of negative
obligations (prohibit) and of positive obligations (enforce, respect,
protect, provide, facilitate, regulate and promote) --the major ones of
these to be listed in the letter in specific and concrete terms.



6. The letter should not leave out questioning the way wealth and power are
distributed in society giving concrete examples and adding a list of topics
for discussion on this during the dialogue being called for.



7. The government must be asked to change the existing information system so
it collects data disaggregated in a way suitable for a HR-based analysis and
use.



8. As much as possible, the letter should present situations face-on and
should not present them in a totally depersonalized form by using only
statistics (a couple personal testimonies presented in boxes in the text
will be helpful). Ergo, the letter should emphasize singularities --which is
what touches people, what ultimately generates compromise and a feeling that
results are attainable.



9. The letter should highlight the HR-based activities that communities --
betting on the collective-- are already implementing; it will propose ways
to strengthen these.



10. The letter will challenge the government to leave passivity aside on HR
matters. It will invite for a compromise where the same is in tune with the
*HR-based framework, especially in what regards progressive realization.***

**: Your bargaining strategy should be the following: “We want A-Z, but in
recognition of the political/institutional constraints, we are here to talk
about X”. (i.e., you propose an immediate agenda, but you still put it in
the context of the overall HR-based framework). What this means is that you
do not accept a compromise that goes against A-Z. So you present your
demands and, as needed, accept concessions, *not* as solutions, but as steps
in the right direction. Ultimately, you want to shift the political center
of gravity the government defends by delegitimizing it through referring to
its having ratified the respective UN covenants. From there, your bargaining
should be based-on and seek  ‘do-not-loose-positions’, as well as
HR-progressive-realization-compatible and binding compromise positions.



11. The letter will further invite the government to engage in a joint
venture that sets-up new HR-based approaches, recognizing that the same also
have risks. It will accept integrating these new approaches progressively
and with flexibility in a continuous process that can take years.



12. The letter will also tell the government that he dialogue *will* include
a negotiation about HR remedies, i.e., issues of  restitution, compensation,
rehabilitation, satisfaction and guaranteed non-repetition.

* *

13. These are by no means all the elements of a letter to the government,
but it gives a taste of  how it can be structured. If the information is too
much for a letter, the publication of a ‘white paper’ addressed to the
government can be considered.



14. Of course, this being an open letter, copies are to be sent to the
printed, audio and audiovisual press --nationally and internationally. If a
HR Commission (and/or government ombudsman) exists in the country, they
should be involved early-on.



15. Remember though that you are inviting the government to a dialogue. You
have thus to close with a concrete invitation for such a face-to-face
dialogue --with a date set for the government to respond. (The chance for
the government to respond to the letter in writing is also an option…with a
reasonable deadline). It needs not to be said that you have to prepare
yourselves well for such a dialogue since it is bound to have press
coverage. Bring along people whose rights have been violated to give their
testimonies.



16. Finally, chances are the government will not respond or indefinitely
delay a response. This Reader cannot prescribe what you should do in those
cases since the respect of the right to free speech is very different in
different countries. The decision is yours.



Claudio Schuftan, Ho Chi Minh City

cschuftan at phmovement.org
[All Readers can be found in
www.humaninfo.org/aviva<http://www.humaninfo.org/aviva%20%20under%20No.%2069>
under No. 69]  Note that the website was updated in March 2009
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