Introduction:
The Idea of Human Rights
The era of globalization is also the era of the individual. Revolutionary innovations in technology and telecommunications have empowered the individual, for better or worse, to exercise a previously unthinkable degree of self-expression. The same age that has seen the advent of the threat of global terror networks is also the one that has given birth to YouTube.
This focus on the individual is part of a broader trend that has been underway for centuries and has only intensified since the end of the Second World War. One of its most important manifestations in the twentieth – and now twenty-first – century has been the development of a conceptual and legal framework for human rights as well as a new dimension of civil society dedicated to ensuring that these rights are protected.
Human rights recognize the dignity inherent in every person as a human being, regardless of his or her particular nationality, race, ethnicity, religion, gender, sexuality, class or any other group affiliation or characteristic. As a result, they assert the moral and legal primacy of the individual over other entities that have “rights,” such as the family and the state.
This Brief will examine the history of human rights and survey some of the key debates about how these rights should be applied in current real-world situations. Two areas of special focus will be human rights and violence ( genocide and torture) and human rights and groups (children, women, indigenous peoples).
Several of the issues raised in the Brief will touch on topics covered in other issue briefs and news analyses on the Globalization101.org website. Cross-references to these resources will be provided throughout the Brief.
Genocide:
the systematic, planned, and deliberate extermination, attempt to exterminate, or conspiracy to exterminate an entire national, racial, ethnic, or religious group.
Indigenous:
peoples who inhabited a land before it was conquered by colonial societies and who consider themselves distinct from the societies currently governing those territories.
Enlightment:
a philosophical movement in the 18th century that advocated the use of reason and individualism to scrutinize previously accepted traditions; the movement resulted in political, religious, and educational reforms.
Natural Rights:
rights deriving from natural law, a body of law believed to be derived from nature, and therefore to be binding on human actions in addition to law established by human authority.
Classical Liberalism:
a doctrine stressing the importance of human rationality, property rights, natural rights, individual freedom, free markets, and limited government.
Divine Rights:
the notion that monarchs are endowed with their authority to rule by God, not by the people.
Declaration of Independence:
the document that proclaimed the independence of the American colonies from England, adopted by the Second Continental Congress on July 4, 1776.
U.S. Constitution:
the document that provides the fundamental principles and laws that prescribe the structure, functions, and limits of the U.S. government.
Bill of Rights:
the first ten amendments to the U.S. Constitution that guarantee certain fundamental rights of the people, such as the right to free speech and freedom of religion.
Fraternity:
the quality of being brotherly or of having a common purpose. Similar in meaning to ‘solidarity.’
Human Rights vs. Natural Rights
The modern conception of rights can be traced back to Enlightenment political philosophy and the movement, primarily in England, France, and the United States, to establish limited forms of representative government that would respect the freedom of individual citizens.
John Locke, in his Second Treatise on Government (1690), described a “state of nature” prior to the creation of society in which individuals fended for themselves and looked after their own interests. In this state, each person possessed a set of natural rights, including the rights to life, liberty and property. When individuals came together in social groups, the main purpose of their union was to secure these rights more effectively. Consequently, they ceded to the governments they established “only the right to enforce these natural rights and not the rights themselves” (35).
Locke’s philosophy, known as classical liberalism, helped initiate a new way of thinking about individuals, governments, and the rights that link the two. Previously, heads of state had claimed to rule by divine right, tracing their authority through genealogy to the ultimate source of authority in divine power. This was as true for Roman emperors as it was Chinese and Japanese emperors. The theory of divine right was most forcefully asserted during the Renaissance by monarchs across Europe, most notoriously James I of England (1566-1625) and Louis XIV of France (1638-1715).
Locke’s principles were adopted by the founding fathers of the United States in the Declaration of Independence (1776), which stated:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed… (36)
The echoes of Locke and foreshadowing of the Universal Declaration are unmistakable in the language of the Declaration. These principles would be further developed and enshrined in the U.S. Constitution (1787) and Bill of Rights (1789).
The English had attained their own Bill of Rights following the Glorious Revolution of 1688, just as the French later would with the Declaration of the Rights of Man and the Citizen that was drafted after the French Revolution in 1789. This document would famously reformulate Locke’s three fundamental freedoms—life, liberty and property—as liberty, equality and fraternity. The differences between the Anglo-American and continental legal, political and social traditions may be neatly summed up by this seemingly minor difference in language (see section on “Three Generations of Rights”).
The doctrine of natural rights, which deals with civil and political rights exclusively, established the rights of citizens in a national context. The innovation of human rights in the twentieth century extended the idea of individual rights to include all human beings, regardless of citizenship or state affiliation. Human rights helped reconstitute individual identity and freedom as something transcending national borders. As the atrocities of the World Wars made clear, there were times when the state became the citizen’s greatest enemy and outside protection was his or her best and only hope.
New Deal:
the programs advocated by and created by U.S. President Franklin D. Roosevelt that were designed to promote economic recovery from the Great Depression as well as social reform.
Cold War:
a term used to describe the relationship between the United States and Soviet Union from World War II until 1990 that was characterized by intense political opposition and military rivalry that never developed into a full-scale, armed war.
Negative vs. Positive Rights
The division in the International Bill of Rights between the two Covenants, which cover civil and political rights and economic, social and cultural rights separately, hints at a more fundamental difference between these two sets of rights and raises questions about the nature of rights itself.
The first set is essentially a group of negative prohibitions, a list of ways in which individual liberty cannot be restricted or impeded; the second set lays out a group of positive prescriptions as to what actions should and must be taken to allow for the free exercise of that individual liberty.
In a famous lecture delivered at Oxford University in 1958, titled “Two Concepts of Liberty,” the political philosopher Isaiah Berlin clarified this distinction, which he framed in terms of positive and negative liberty. If negative liberty is concerned with the freedom to pursue one’s interests according to one’s own free will and without “interference from external bodies,” then positive liberty takes up the “degree to which individuals or groups” are able to “act autonomously” in the first place. In other words, what are the conditions under which individuals shape their understandings of their own free will? (37) What gives individuals a positive idea about how they should act, rather than negative limitations on how they may not act?
Civil and political rights are concerned with negative liberty,1 while economic, social and cultural rights are grounded in positive liberty; hence the need for two Conventions. There was some disagreement about the relative importance of these two conceptions during the debates over the Universal Declaration and its Conventions.
While the U.S. had adopted a welfare state model under the New Deal reforms of President Franklin Delano Roosevelt, economic and social rights were not part of the American political tradition in the same way they had been for many continental European governments (or the increasingly powerful Soviet Union, for that matter).
The brewing Cold War between the U.S. and the Soviet Union would spill over into the arena of human rights (38). The Soviets gave a high place to the collective over the individual. This meant priority for positive liberty, which they believed empowered the state to take sweeping action to provide for the well-being and “self-realization” of its citizens, sometimes at the expense of individual civil and political rights, such as the right to political participation (39).
Many in the West, however, viewed the Soviet position skeptically as a veiled attempt to return to the excesses of authoritarianism that the United Nations had been set up to prevent. Great injustices have often been committed for the benefit of the collective good. Berlin and others were wary of “the way in which the apparently noble ideal of freedom as self-mastery or self-realization had been twisted and distorted by the totalitarian dictators of the twentieth century” (40).
In the end, the Soviet bloc would abstain from approving the Universal Declaration. An understanding on human rights between the Soviet Union and the West was finally reached in the Helsinki Accords of 1975, though disputes about the limitations of government authority in cracking down on human rights continued to linger until the Soviet Union’s collapse in 1991 (41).
Ultimately, it remains an open question whether the positive and negative forms of liberty are two aspects of a common conception of rights or two distinct types of rights that are closely related without being identical.
Human Rights and Violence
At their most fundamental, human rights seek to protect an individual’s right to life. Such protections range from the basic freedom from physical harm to highly complex forms of welfare assurance that encompass health, education, and the environment.
The very idea of human rights, as opposed to natural rights, emerged as a response to historical events that threatened the very right to exist for millions of vulnerable people. The horrors of the Holocaust led the people of the world to reassert the value of every human life and to create the international legal framework that ensured such atrocities would never occur again.
The practice of multilateral cooperation in matters involving violence had been well-established since the nineteenth century. A series of traditions and international agreements had evolved to address the treatment of prisoners and soldiers on the battlefield. What was new about the genocides of the twentieth century was that they were perpetrated against noncombatant civilians who were largely defenseless.
Often, these extreme acts of violence were committed by governments against the very citizens whose rights those governments were meant to safeguard. International values and standards about the humane treatment of people in times of war needed to be extended to apply to all people in all circumstances. It was clear that the rights of citizenship and strictly national enforcement mechanisms were no longer sufficient.
At first, the set of issues clustering around the topic of human rights and violence might not seem as controversial as some of the other issues this Brief will be considering later on. After all, who would object to the notion that governments and private citizens alike should not be allowed to kill or torture people? While such principles may seem to be clear cut in theory, they can become far more complicated when brought to bear on real-world situations. We will now turn to some of these debates.
United Nations Efforts To Secure Freedom from Torture
A dedicated Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; was completed in 1984 and entered into force in 1987 (5). Article 1 of the Convention Against Torture defines torture, inhuman or degrading treatment in the following way:
An act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent of or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions (6).
This definition is extremely broad, and the nature and limits of behavior covered by this language has been much debated. The key properties of torture, however, are clearly presented: (a) the infliction of severe pain or suffering, (b) the presence of an intention to torture, (c) a purpose to extract information or a confession or to punish, and (d) some form of authorization by officials in power.
The Convention established a UN Committee on Torture and appointed a Special Rapporteur on Torture to coordinate the UN’s efforts and to investigate individual complaints through country visits and annual reports (7). It should be noted that torture is also discussed in the International Bill of Rights in Article 5 of the Universal Declaration and Article 7 of the ICCPR.
on Torture to coordinate the UN’s efforts and to investigate individual complaints through country visits and annual reports (7). It should be noted that torture is also discussed in the International Bill of Rights in Article 5 of the Universal Declaration and Article 7 of the ICCPR.
The ban on torture encompasses four separate human rights. The first is the right to be protected from torture, whether carried out by states or private individuals, by all legal, administrative and judicial means available (Convention Against Torture, Articles 2 and 4) (8).
The second is the right to have those accused of torture prosecuted, wherever they may be (Convention Against Torture 5, 6, and 8). This is a good example of the blurred line between a right and duty, because the right to prosecution enjoyed by individuals also imposes an obligation on all states either to extradite suspects to the proper jurisdiction or to prosecute them themselves (9).
The third is the right of a person to not “be expelled, returned or extradited to another state” if there is suspicion that that person might be subject to torture, inhuman or degrading treatment (Convention Against Torture, Article 3). This principle of non-refoulement will be examined more closely later in this section (see “Non-Refoulement: Extraordinary Renditions and Outsourcing Torture”) (10).
The fourth is the “right of victims to obtain redress, fair compensation, including rehabilitation and the right of victims to make a complaint, to have it impartially investigated, and to be protected from retaliation for making complaints.” Forms of compensation can include financial awards, medical care, and other measures to restore a victim’s “dignity and reputation” in both the private and public spheres (11).
Wednesday, January 23, 2008
GLOBALIZATION
What Is Globalization?
Globalization is a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology. This process has effects on the environment, on culture, on political systems, on economic development and prosperity, and on human physical well-being in societies around the world.
Globalization is not new, though. For thousands of years, people—and, later, corporations—have been buying from and selling to each other in lands at great distances, such as through the famed Silk Road across Central Asia that connected China and Europe during the Middle Ages. Likewise, for centuries, people and corporations have invested in enterprises in other countries. In fact, many of the features of the current wave of globalization are similar to those prevailing before the outbreak of the First World War in 1914.
But policy and technological developments of the past few decades have spurred increases in cross-border trade, investment, and migration so large that many observers believe the world has entered a qualitatively new phase in its economic development. Since 1950, for example, the volume of world trade has increased by 20 times, and from just 1997 to 1999 flows of foreign investment nearly doubled, from $468 billion to $827 billion. Distinguishing this current wave of globalization from earlier ones, author Thomas Friedman has said that today globalization is “farther, faster, cheaper, and deeper.”
This current wave of globalization has been driven by policies that have opened economies domestically and internationally. In the years since the Second World War, and especially during the past two decades, many governments have adopted free-market economic systems, vastly increasing their own productive potential and creating myriad new opportunities for international trade and investment. Governments also have negotiated dramatic reductions in barriers to commerce and have established international agreements to promote trade in goods, services, and investment. Taking advantage of new opportunities in foreign markets, corporations have built foreign factories and established production and marketing arrangements with foreign partners. A defining feature of globalization, therefore, is an international industrial and financial business structure.
Technology has been the other principal driver of globalization. Advances in information technology, in particular, have dramatically transformed economic life. Information technologies have given all sorts of individual economic actors—consumers, investors, businesses—valuable new tools for identifying and pursuing economic opportunities, including faster and more informed analyses of economic trends around the world, easy transfers of assets, and collaboration with far-flung partners.
Globalization is deeply controversial, however. Proponents of globalization argue that it allows poor countries and their citizens to develop economically and raise their standards of living, while opponents of globalization claim that the creation of an unfettered international free market has benefited multinational corporations in the Western world at the expense of local enterprises, local cultures, and common people. Resistance to globalization has therefore taken shape both at a popular and at a governmental level as people and governments try to manage the flow of capital, labor, goods, and ideas that constitute the current wave of globalization.
To find the right balance between benefits and costs associated with globalization, citizens of all nations need to understand how globalization works and the policy choices facing them and their societies. Globalization101.org tries to provide an accurate analysis of the issues and controversies regarding globalization, especially to high-school and college students, without the slogans or ideological biases generally found in discussions of the topics. We welcome you to our website.
Globalization is international integration. It can be described as a process by which the people of the world are unified into a single society. This process is a combination of economic, technological, sociocultural and political forces.
Effects of globalization
Globalization has various aspects which affect the world in several different ways such as:
Industrial (alias trans nationalization) - emergence of worldwide production markets and broader access to a range of foreign products for consumers and companies
Financial - emergence of worldwide financial markets and better access to external financing for corporate, national and subnational borrowers
Economic - realization of a global common market, based on the freedom of exchange of goods and capital. Globalization, when considered in a sociological context, has increased economic inequality throughout the world and within the United States.
Poorer countries are at disadvantage: While it is true that Globalization encourages free trade among countries on an international level, there are also negative consequences. The main export of poorer countries is usually an agricultural good. It is difficult for these countries to compete with stronger countries that subsidize their own farmers. Because the farmers in the poorer countries cannot compete, they are forced to sell their crops at much lower price than what the market is paying. [49]
Exploitation of foreign impoverished workers: The deterioration of protections for weaker nations by stronger industrialized powers has resulted in the exploitation of the people in those nations to become cheap labor. Due to the lack of protections, companies from powerful industrialized nations are able to force workers to endure extremely long hours, unsafe working conditions, and just enough salary to keep them working. The abundance of cheap labor is giving the countries in power incentive not to rectify the inequality between nations. If these nations developed into industrialized nations, the army of cheap labor would slowly disappear alongside development. With the world in this current state, it is impossible for the exploited workers to escape poverty. It is true that the workers are free to leave their jobs, but in many poorer countries, this would mean starvation for the worker, and possible even his/her family. [50]
Shift from manufacturing to service work: The low cost of off-shore workers have enticed corporations to more production to foreign countries. The laid off unskilled workers are forced move into the service sector where wages and benefits are low, but turnover is high. This has contributed to the widening economic gap between skilled and unskilled workers. The loss of these jobs has also contributed greatly to the slow decline of the middle class which is a major factor in the increasing economic inequality in the United States. Families that were once part of the middle class are forced into lower positions by massive layoffs and outsourcing to another country. This also means that people in the lower class have a much harder time climbing out of poverty because of the absence of the middle class as a stepping stone. [51]
The rise of contingent work: As Globalization causes more and more jobs to be shipped overseas, and the middle class declines, there is less need for corporations to hire full time employees. Companies are less inclined to offer benefits, or reduce benefits, to part time workers. Most companies don’t offer any benefits at all. Such benefits include health insurance, bonuses, vacation time, shares in the company, and pensions. Even though most of the middle class workers still have their jobs, the reality is that their buying power has decreased due to decreased benefits. Job security is also a major issue with contingent work. [52]
Weakening of labor unions: The surplus in cheap labor coupled with an ever growing number of companies in transition has caused a weakening of labor unions in the United States. Unions loss their effectiveness when their membership begins to decline. As a result unions hold less power over corporations that are able to easily replace workers, often for lower wages, and have the option to not offer unionized jobs anymore. [53]
Political - political globalization is the creation of a world government which regulates the relationships among nations and guarantees the rights arising from social and economic globalization. [54] Politically, the United States has enjoyed a position of power among the world powers; in part because of its strong and wealthy economy. With the influence of Globalization and with the help of The United States’ own economy, China has experience some tremendous growth within the past decade. If China continues to grow at the rate projected by the trends, then it is very likely that in the next twenty years, there will be a major reallocation of power among the world leaders. China will have enough wealth, industry, and technology to rival the United States for the position of leading world power. [55]
Informational - increase in information flows between geographically remote locations
Cultural - growth of cross-cultural contacts; advent of new categories of consciousness and identities such as Globalism - which embodies cultural diffusion, the desire to consume and enjoy foreign products and ideas, adopt new technology and practices, and participate in a "world culture"
Ecological- the advent of global environmental challenges that can not be solved without international cooperation, such as climate change, cross-boundary water and air pollution, over-fishing of the ocean, and the spread of invasive species. Many factories are built in developing countries where they can pollute freely.
Social - the achievement of free circulation by people of all nations
Transportation - fewer and fewer European cars on European roads each year (the same can also be said about American cars on American roads) and the death of distance through the incorporation of technology to decrease travel time.[clarify]
Greater international cultural exchange
Spreading of multiculturalism, and better individual access to cultural diversity (e.g. through the export of Hollywood and Bollywood movies). However, the imported culture can easily supplant the local culture, causing reduction in diversity through hybridization or even assimilation. The most prominent form of this is Westernization, but Sinicization of cultures has taken place over most of Asia for many centuries.
Greater international travel and tourism
Greater immigration, including illegal immigration
Spread of local consumer products (e.g. food) to other countries (often adapted to their culture)
World-wide fads and pop culture such as Pokémon, Sudoku, Numa Numa, Origami, Idol series, YouTube, Orkut, Facebook, and MySpace.
World-wide sporting events such as FIFA World Cup and the Olympic Games.
Formation or development of a set of universal values
Technical/legal
Development of a global telecommunications infrastructure and greater transborder data flow, using such technologies as the Internet, communication satellites, submarine fiber optic cable, and wireless telephones
Increase in the number of standards applied globally; e.g. copyright laws, patents and world trade agreements.
The push by many advocates for an international criminal court and international justice movements.
Sexual awareness – It is often easy to only focus on the economic aspects of Globalization. This term also has strong social meanings behind it. Globalization can also mean a cultural interaction between different countries. Globalization may also have social effects such changes in sexual inequality, and to this issue brought about a greater awareness of the different (often more brutal) types of gender discrimination throughout the world. Women and girls in African countries have long had to deal with genital mutilation as a form of control enforced by the men in their society.
[edit] Trade barriers
Since World War II, barriers to international trade have been considerably lowered through international agreements - General Agreement on Tariffs and Trade (GATT). Particular initiatives carried out as a result of GATT and the World Trade Organisation (WTO), for which GATT is the foundation, have included:
Promotion of free trade:
Reduction or elimination of tariffs; construction of free trade zones with small or no tariffs
Reduced transportation costs, especially from development of containerization for ocean shipping.
Reduction or elimination of capital controls
Reduction, elimination, or harmonization of subsidies for local businesses
Restriction of free trade:
Harmonization of intellectual property laws across the majority of states, with more restrictions.
Supranational recognition of intellectual property restrictions (e.g. patents granted by China would be recognized in the United States)
Globalization is also defined as the internationalization of everything related to different countries; Internationalization however, is a contrasted phenomenon to globalization.
Globalization is a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology. This process has effects on the environment, on culture, on political systems, on economic development and prosperity, and on human physical well-being in societies around the world.
Globalization is not new, though. For thousands of years, people—and, later, corporations—have been buying from and selling to each other in lands at great distances, such as through the famed Silk Road across Central Asia that connected China and Europe during the Middle Ages. Likewise, for centuries, people and corporations have invested in enterprises in other countries. In fact, many of the features of the current wave of globalization are similar to those prevailing before the outbreak of the First World War in 1914.
But policy and technological developments of the past few decades have spurred increases in cross-border trade, investment, and migration so large that many observers believe the world has entered a qualitatively new phase in its economic development. Since 1950, for example, the volume of world trade has increased by 20 times, and from just 1997 to 1999 flows of foreign investment nearly doubled, from $468 billion to $827 billion. Distinguishing this current wave of globalization from earlier ones, author Thomas Friedman has said that today globalization is “farther, faster, cheaper, and deeper.”
This current wave of globalization has been driven by policies that have opened economies domestically and internationally. In the years since the Second World War, and especially during the past two decades, many governments have adopted free-market economic systems, vastly increasing their own productive potential and creating myriad new opportunities for international trade and investment. Governments also have negotiated dramatic reductions in barriers to commerce and have established international agreements to promote trade in goods, services, and investment. Taking advantage of new opportunities in foreign markets, corporations have built foreign factories and established production and marketing arrangements with foreign partners. A defining feature of globalization, therefore, is an international industrial and financial business structure.
Technology has been the other principal driver of globalization. Advances in information technology, in particular, have dramatically transformed economic life. Information technologies have given all sorts of individual economic actors—consumers, investors, businesses—valuable new tools for identifying and pursuing economic opportunities, including faster and more informed analyses of economic trends around the world, easy transfers of assets, and collaboration with far-flung partners.
Globalization is deeply controversial, however. Proponents of globalization argue that it allows poor countries and their citizens to develop economically and raise their standards of living, while opponents of globalization claim that the creation of an unfettered international free market has benefited multinational corporations in the Western world at the expense of local enterprises, local cultures, and common people. Resistance to globalization has therefore taken shape both at a popular and at a governmental level as people and governments try to manage the flow of capital, labor, goods, and ideas that constitute the current wave of globalization.
To find the right balance between benefits and costs associated with globalization, citizens of all nations need to understand how globalization works and the policy choices facing them and their societies. Globalization101.org tries to provide an accurate analysis of the issues and controversies regarding globalization, especially to high-school and college students, without the slogans or ideological biases generally found in discussions of the topics. We welcome you to our website.
Globalization is international integration. It can be described as a process by which the people of the world are unified into a single society. This process is a combination of economic, technological, sociocultural and political forces.
Effects of globalization
Globalization has various aspects which affect the world in several different ways such as:
Industrial (alias trans nationalization) - emergence of worldwide production markets and broader access to a range of foreign products for consumers and companies
Financial - emergence of worldwide financial markets and better access to external financing for corporate, national and subnational borrowers
Economic - realization of a global common market, based on the freedom of exchange of goods and capital. Globalization, when considered in a sociological context, has increased economic inequality throughout the world and within the United States.
Poorer countries are at disadvantage: While it is true that Globalization encourages free trade among countries on an international level, there are also negative consequences. The main export of poorer countries is usually an agricultural good. It is difficult for these countries to compete with stronger countries that subsidize their own farmers. Because the farmers in the poorer countries cannot compete, they are forced to sell their crops at much lower price than what the market is paying. [49]
Exploitation of foreign impoverished workers: The deterioration of protections for weaker nations by stronger industrialized powers has resulted in the exploitation of the people in those nations to become cheap labor. Due to the lack of protections, companies from powerful industrialized nations are able to force workers to endure extremely long hours, unsafe working conditions, and just enough salary to keep them working. The abundance of cheap labor is giving the countries in power incentive not to rectify the inequality between nations. If these nations developed into industrialized nations, the army of cheap labor would slowly disappear alongside development. With the world in this current state, it is impossible for the exploited workers to escape poverty. It is true that the workers are free to leave their jobs, but in many poorer countries, this would mean starvation for the worker, and possible even his/her family. [50]
Shift from manufacturing to service work: The low cost of off-shore workers have enticed corporations to more production to foreign countries. The laid off unskilled workers are forced move into the service sector where wages and benefits are low, but turnover is high. This has contributed to the widening economic gap between skilled and unskilled workers. The loss of these jobs has also contributed greatly to the slow decline of the middle class which is a major factor in the increasing economic inequality in the United States. Families that were once part of the middle class are forced into lower positions by massive layoffs and outsourcing to another country. This also means that people in the lower class have a much harder time climbing out of poverty because of the absence of the middle class as a stepping stone. [51]
The rise of contingent work: As Globalization causes more and more jobs to be shipped overseas, and the middle class declines, there is less need for corporations to hire full time employees. Companies are less inclined to offer benefits, or reduce benefits, to part time workers. Most companies don’t offer any benefits at all. Such benefits include health insurance, bonuses, vacation time, shares in the company, and pensions. Even though most of the middle class workers still have their jobs, the reality is that their buying power has decreased due to decreased benefits. Job security is also a major issue with contingent work. [52]
Weakening of labor unions: The surplus in cheap labor coupled with an ever growing number of companies in transition has caused a weakening of labor unions in the United States. Unions loss their effectiveness when their membership begins to decline. As a result unions hold less power over corporations that are able to easily replace workers, often for lower wages, and have the option to not offer unionized jobs anymore. [53]
Political - political globalization is the creation of a world government which regulates the relationships among nations and guarantees the rights arising from social and economic globalization. [54] Politically, the United States has enjoyed a position of power among the world powers; in part because of its strong and wealthy economy. With the influence of Globalization and with the help of The United States’ own economy, China has experience some tremendous growth within the past decade. If China continues to grow at the rate projected by the trends, then it is very likely that in the next twenty years, there will be a major reallocation of power among the world leaders. China will have enough wealth, industry, and technology to rival the United States for the position of leading world power. [55]
Informational - increase in information flows between geographically remote locations
Cultural - growth of cross-cultural contacts; advent of new categories of consciousness and identities such as Globalism - which embodies cultural diffusion, the desire to consume and enjoy foreign products and ideas, adopt new technology and practices, and participate in a "world culture"
Ecological- the advent of global environmental challenges that can not be solved without international cooperation, such as climate change, cross-boundary water and air pollution, over-fishing of the ocean, and the spread of invasive species. Many factories are built in developing countries where they can pollute freely.
Social - the achievement of free circulation by people of all nations
Transportation - fewer and fewer European cars on European roads each year (the same can also be said about American cars on American roads) and the death of distance through the incorporation of technology to decrease travel time.[clarify]
Greater international cultural exchange
Spreading of multiculturalism, and better individual access to cultural diversity (e.g. through the export of Hollywood and Bollywood movies). However, the imported culture can easily supplant the local culture, causing reduction in diversity through hybridization or even assimilation. The most prominent form of this is Westernization, but Sinicization of cultures has taken place over most of Asia for many centuries.
Greater international travel and tourism
Greater immigration, including illegal immigration
Spread of local consumer products (e.g. food) to other countries (often adapted to their culture)
World-wide fads and pop culture such as Pokémon, Sudoku, Numa Numa, Origami, Idol series, YouTube, Orkut, Facebook, and MySpace.
World-wide sporting events such as FIFA World Cup and the Olympic Games.
Formation or development of a set of universal values
Technical/legal
Development of a global telecommunications infrastructure and greater transborder data flow, using such technologies as the Internet, communication satellites, submarine fiber optic cable, and wireless telephones
Increase in the number of standards applied globally; e.g. copyright laws, patents and world trade agreements.
The push by many advocates for an international criminal court and international justice movements.
Sexual awareness – It is often easy to only focus on the economic aspects of Globalization. This term also has strong social meanings behind it. Globalization can also mean a cultural interaction between different countries. Globalization may also have social effects such changes in sexual inequality, and to this issue brought about a greater awareness of the different (often more brutal) types of gender discrimination throughout the world. Women and girls in African countries have long had to deal with genital mutilation as a form of control enforced by the men in their society.
[edit] Trade barriers
Since World War II, barriers to international trade have been considerably lowered through international agreements - General Agreement on Tariffs and Trade (GATT). Particular initiatives carried out as a result of GATT and the World Trade Organisation (WTO), for which GATT is the foundation, have included:
Promotion of free trade:
Reduction or elimination of tariffs; construction of free trade zones with small or no tariffs
Reduced transportation costs, especially from development of containerization for ocean shipping.
Reduction or elimination of capital controls
Reduction, elimination, or harmonization of subsidies for local businesses
Restriction of free trade:
Harmonization of intellectual property laws across the majority of states, with more restrictions.
Supranational recognition of intellectual property restrictions (e.g. patents granted by China would be recognized in the United States)
Globalization is also defined as the internationalization of everything related to different countries; Internationalization however, is a contrasted phenomenon to globalization.
Friday, January 18, 2008
HISTORY HUMAN RIGHTS
Human rights
refers to "the basic rights and freedoms to which all humans are entitled"[1] Examples of rights and freedoms which are often thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to work, and the right to education.
Magna Carta or "Great Charter" was one of the world's first documents containing commitments by a sovereign to his people to respect certain legal rights
“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. ”
—Article 1 of the United Nations Universal Declaration of Human Rights (UDHR}.
The history of human rights covers thousands of years and draws upon religious, cultural, philosophical and legal developments throughout recorded history. Though several ancient documents and later religions and philosophies included a variety of concepts that may be considered to be human rights, the Anglocentric concept is that human rights as a legal right stem primarily from the precedent set by the Magna Carta.
The Magna Carta is an English charter originally issued in 1215. The Magna Carta influenced the development of the common law and many constitutional documents, such as the United States Constitution, especially its Bill of Rights, and is considered one of the most important legal documents in the history of democracy, being one of the most significant early influences on the extensive historical process that led to the rule of constitutional law today.
The Magna Carta was one of the first legal documents to limit the power of government in order to protect the rights of its citizens. For modern times, the most enduring legacy of the Magna Carta is considered the right of habeas corpus. This right arises from what are now known as clauses 36, 38, 39, and 40 of the 1215 Magna Carta. The Magna Carta also included the right to due process.
Declaration of the Rights of Man and of the Citizen approved by the National Assembly of France, August 26, 1789Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789). The Virginia Declaration of Rights of 1776 set up a number of fundamental rights and freedoms. The later United States Declaration of Independence includes concepts of natural rights and famously states "that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." Similarly, the French Declaration of the Rights of Man and Citizen defines a set of individual and collective rights of the people. These are, in the document, held to be universal - not only to French citizens but to all men without exception.
Philosophers such as Thomas Paine,John Stuart Mill and Hegel expanded on the theme of universality during the 18th and 19th centuries.In 1831 William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights"so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary,Henry David Thoreau,wrote about human rights in his treatise On the Duty of Civil Disobedience which was later influential on human rights and civil rights thinkers.United States Supreme Court Justice David Davis,in his 1867 opinion for Ex Parte Milligan, wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people."
Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights.In Western Europe and North America,labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. The women's rights movement succeeded in gaining for many women the right to vote. National liberation movements in many countries succeeded in driving out colonial powers.One of the most influential was Mahatma Gandhi's movement to free his native India from British rule.Movements by long-oppressed racial and religious minorities succeeded in many parts of the world,among them the civil rights movement,and more recent diverse identity politics movements, on behalf of women and minorities in the United States.
The foundation of the International Committee of the Red Cross,the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law,to be further developed following the two World Wars.
The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I.The League's goals included disarmament, preventing war through collective security,settling disputes between countries through negotiation,diplomacy and improving global welfare.Enshrined in its Charter was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights.
At the 1945 Yalta Conference,the Allied Powers agreed to create a new body to supplant the League's role.This body was to be the United Nations.The United Nations has played an important role in international human rights law since its creation. Following the World Wars the United Nations and its members developed much of the discourse and the bodies of law which now make up international humanitarian law and international human rights law.
The Geneva Conventions came into being between 1864 and 1949 as a result of efforts by Henry Dunant,the founder of the International Committee of the Red Cross.The conventions safeguard the human rights of individuals involved in armed conflict, and build on the 1899 and 1907 Hague Conventions,the international community's first attempt to define laws of war. While first framed before World War I, the conventions were revised as a result of World War II and readopted by the international community in 1949.
The Geneva Conventions are:
First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, last revision in 1949)
Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X)
Third Geneva Convention "relative to the Treatment of Prisoners of War" (first adopted in 1929, last revision in 1949)
Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on parts of the 1907 Hague Convention IV)
In addition, there are three additional amendment protocols to the Geneva Convention:
Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries.
Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. As of 12 January 2007 it had been ratified by 163 countries.
Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had been ratified by 17 countries and signed but not yet ratified by an additional 68 countries.
All four conventions were last revised and ratified in 1949, based on previous revisions and partly on some of the 1907 Hague Conventions. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. Nearly all 200 countries of the world are "signatory" nations, in that they have ratified these conventions. The International Committee of the Red Cross is the controlling body of the Geneva conventions.
Universal Declaration of Human Rights;
"It is not a treaty...[In the future, it] may well become the international Magna Carta."Eleanor Roosevelt with the Spanish text of the Universal Declaration in 1949The Universal Declaration of Human Rights(UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to the barbarism of World War II. Although the UDHR is a non-binding resolution, it is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by national and other judiciaries.The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and press upon them duties to their citizens following the model of the rights-duty duality.
“ ...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world ”
—Preamble to the Universal Declaration of Human Rights, 1948
The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as Chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and accompanying treaties, but the UDHR quickly became the priority. [8]Canadian law professor John Humprey and French lawyer Rene Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include the basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights. The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized.Humphrey and Cassin intended the rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble:
“ Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. ”
—Preamble to the Universal Declaration of Human Rights, 1948
Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi.The inclusion of both civil and political rights and economic, social and cultural rights was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. This principle was not then opposed by any member states (the declaration was adopted unanimously, with the abstention of the Soviet bloc, Apartheid South Africa and Saudi Arabia), however this principle was later subject to significant challenges.
The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both econonic and social rights and civil and political rights in the declaration.[citation needed] Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as the right to work and the right to join a union).[citation needed] Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion.
Because of the divisions over which rights to include, and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for the inclusion of all rights in a so-called Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others.[citation needed] Though this allowed the covenants to be created, one commentator has written that it denied the proposed principle that all rights are linked which was central to some interpretations of the UDHR.
Articles of the Universal Declaration of Human Rights
General Principles
Article 1: Freedom,Egalitarianism,Dignity,and Brotherhood·
Article 2: Universality of rights
Civil and Political Rights.
Treaty: International Covenant on Civil
and Political Rights.
Article 3: Right to life,liberty and security of person·
Article 4: Freedom from slavery ·
Article 5: Freedom from torture and cruel, unusual punishment ·
Article 6: Right to personhood ·
Article 7: Equality before the law ·
Article 8: Right to effective remedy from the law ·
Article 9: Freedom from arbitrary arrest, detention, and exile ·
Article 10: Right to fair trial ·
Article 11.1: Presumption of innocence ·
Article 11.2: Prohibition of retrospective law ·
Article 12: Right to Privacy ·
Article 13 Freedom of movement ·
Article 14: Right of asylum ·
Article 15: Right to a nationality ·
Article 16: Right to marriage and family life ·
Article 17: Right to property ·
Article 18: Freedom of thought, conscience, and religion ·
Article 19: Freedom of opinion and expression ·
Article 20.1: Freedom of assembly ·
Article 20.2: Freedom of association ·
Article 21.1: Right to participation in government ·
Article 21.2: Right of equal access to public office ·
Article 21.3: Right to universal suffrage
Social, Cultural and Economic Rights.
Treaty: International Covenant on Economic,
Social and Cultural Rights
Article 22: Right to social security ·
Article 23.1: Right to work ·
Article 23.2: Right to equal pay for equal work ·
Article 23.3: Right to just remuneration ·
Article 23.4: Right to join a trade union ·
Article 24: Right to rest & leisure ·
Article 25.1: Right to an adequate standard of living ·
Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education ·
Article 26.2: Human rights education ·
Article 26.3: Right to choice of education ·
Article 27.1: Right to participate in culture ·
Article 27.2: Right to intellectual property
Context, limitations and duties
Article 28: Social order ·
Article 29.1: Social responsibility ·
Article 29.2: Limitations of human rights ·
Article 29.3: The supremacy of the purposes and principles of the United Nations · Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Human Rights Treaties
In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states that have signed this treaty.However they only came into force in 1976 when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992).The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals.
Since then numerous other treaties (pieces of legislation) have been offered at the international level. They are generally know as human rights instruments. Some of the most significant are:
Convention on the Prevention and Punishment of the Crime of Genocide (adopted 1948, entry into force: 1951)
Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted 1966, entry into force: 1969)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (entry into force: 1981)
United Nations Convention Against Torture (CAT) (adopted 1984, entry into force: 1984)
Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989)
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) (adopted 1990)
Rome Statute of the International Criminal Court (ICC) (entry into force: 2002)
The United Nations
The UN General Assembly
The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation.All UN organs have advisory roles to the United Nations Security Council and the United Nations Human Rights Council, and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to:
“ ...achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. ”
—Article 1-3 of the United Nations Charter.
The United Nations Human Rights Council, created at the 2005 World Summit to replace the United Nations Commission on Human Rights, has a mandate to investigate violations of human rights.The Human Rights Council is a subsidiary body of the General Assembly and reports directly to it. It ranks below the Security Council, which is the final authority for the interpretation of the United Nations Charter.Forty-seven of the one hundred ninety-one member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly. Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The Council is based in Geneva, and meets three times a year; with additional meetings to respond to urgent situations.
Independent experts (rapporteurs) are retained by the Council to investigate alleged human rights abuses and to provide the Council with reports.
The Human Rights Council may request that the Security Council take action when human rights violations occur. This action may be direct actions, may involve sanctions,and the Security Council may also refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC.
The Human Rights Committee is a United Nations body of 18 experts that meets three times a year to consider the five-yearly reports submitted by UN member states on their compliance with the International Covenant on Civil and Political Rights.
The Committee is one of seven UN-linked human rights treaty bodies.
States that have signed the First Optional Protocol (currently 104 countries) have agreed to allow persons within the member state to obtain an opinion from the Committee regarding violations of that Covenant.For those countries, the Human Rights Committee can thus function as a mechanism for the international redress of human rights abuses, similar to the regional mechanisms afforded by the Inter-American Court of Human Rights or the European Court of Human Rights. The First Optional Protocol came into effect on 23 March 1976.
The Second Optional Protocol, in force since 11 July 1991, addresses the abolition of the death penalty and has been ratified by 53 states.
The Human Rights Committee should not be confused with the more high-profile Commission on Human Rights, a Charter-based mechanism, or its replacement, the Human Rights Council. Whereas the Commission on Human Rights was a political forum where states debated all human rights concerns (since June 2006, replaced by the Council in that function), the Human Rights Committee is a treaty-based mechanism where a group of experts examines reports and rules on individual communications pertaining only to the International Covenant on Civil and Political Rights. It remains disputed whether the Human Rights Committee's in principle non-binding final views qualify as decisions of a quasi-judicial body or simply constitute authoritative interpretations on the merits of the cases brought before them for the members of the Optional Protocol of the Covenant on Civil and Political Rights.
The members of the Human Rights Committee, who must be "of high moral character and recognized competence in the field of human rights", are elected by the member states but on an individual basis, not as representatives of their countries. They serve four-year terms, with one-half of their number elected every second year at the General Assembly.
Members
Name State Term
Christine Chanet : Chair France 2006–2010
Abdelfattah Amor Tunisia 2006–2010
Nisuke Ando Japan 2006–2010
Prafullachandra Natwarlal Bhagwati India 2006–2010
Yuji Iwasawa Japan 2006–2010
Walter Kälin Switzerland 2006–2010
Zonke Zanele Majodina South Africa 2006–2010
Iulia Antoanella Motoc Romania 2006–2010
Sir Nigel S. Rodley UK 2006–2010
José Luis Sánchez Cerro Peru 2006–2010
Ruth Wedgwood USA 2006–2010
Roman Wieruszewski Poland 2006–2010
Hipólito Solari Yrigoyen Argentina 2006–2010
Maurice Ahanhanzo Glèlè-Ahanhanzo Benin 2004–2008
Alfredo Castillero Hoyos Panama 2004–2008
Ahmed Tawfik Khalal Egypt 2004–2008
Edwin Johnson López Ecuador 2004–2008
Rajsoomer Lallah Mauritius 2004–2008
Michael O'Flaherty Ireland 2004–2008
Elisabeth Palm Sweden 2004–2008
Rafael Rivas Posada Colombia 2004–2008
Ivan Shearer Australia 2004–2008
The African Union (AU)
is a supranational union consisting of fifty-three African states.
Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market.
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The Commission has three broad areas of responsibility:
Promoting human and peoples' rights
Protecting human and peoples' rights
Interpreting the African Charter on Human and Peoples' Rights.
In pursuit of these goals, the Commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45).
With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the Commission will have the additional task of preparing cases for submission to the Court's jurisdiction.In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice.
The Court of Justice of the African Union is intended to be the “principal judicial organ of the Union” (Protocol of the Court of Justice of the African Union, Article 2.2].Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing the African Court on Human and Peoples' Rights entered into force in January 2004 but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries.
There are many countries in Africa accused of human rights violations by the international community and NGOs.
Philosophies of human rights
Several theoretical approaches have been advanced to explain how and why human rights become part of social expectations.
One of the oldest Western philosophies on human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds.
Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with Hume).Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) - a social contract.
Natural law and Natural rights]
Natural law theories base human rights on a “natural” moral, religious or even biological order which is independent of transitory human laws or traditions.
Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (dikaion physikon, δικαιον φυσικον, Latin ius naturale). Of these, Aristotle is often said to be the father of natural law, although evidence for this is due largely to the interpretations of his work of Thomas Aquinas.
The development of this tradition of natural justice into one of natural law is usually attributed to the Stoics.
Some of the early Church fathers sought to incorporate the until then pagan concept of natural law into Christianity. Natural law theories have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, and John Locke.
In the Seventeenth Century Thomas Hobbes founded a contractualist theory of legal positivism on what all men could agree upon: what they sought (happiness) was subject to contention, but a broad consensus could form around what they feared (violent death at the hands of another). The natural law was how a rational human being, seeking to survive and prosper, would act. It was discovered by considering humankind's natural rights, whereas previously it could be said that natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way natural law could prevail was for men to submit to the commands of the sovereign. In this lay the foundations of the theory of a social contract between the governed and the governor.
Hugo Grotius based his philosophy of international law on natural law. He wrote that "even the will of an omnipotent being cannot change or abrogate" natural law, which "would maintain its objective validity even if we should assume the impossible, that there is no God or that he does not care for human affairs." (De iure belli ac pacis, Prolegomeni XI). This is the famous argument etiamsi daremus (non esse Deum), that made natural law no longer dependent on theology.
John Locke incorporated natural law into many of his theories and philosophy, especially in Two Treatises of Government. Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one.
The Belgian philosopher of law Frank van Dun is one among those who are elaborating a secular conception of natural law in the liberal tradition. There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity.
The term "human rights" has replaced the term "natural rights" in popularity, because the rights are less and less frequently seen as requiring natural law for their existence.
Social contract
The Swiss-French philosopher Jean-Jacques Rousseau suggested the existence of a hypothetical social contract where a group of free individuals agree for the sake of the common good to form institutions to govern themselves. This echoed the earlier postulation by Thomas Hobbes that there is a contract between the government and the governed - and led to John Locke's theory that a failure of the government to secure rights is a failure which justifies the removal of the government.
International equity expert Paul Finn has echoed this view:
“ the most fundamental fiduciary relationship in our society is manifestly that which exists between the community (the people) and the state, its agencies and officials. ” —Paul Finn
The relationship between government and the governed in countries which follow the English common law tradition is a fiduciary one. In equity law, a politician's fiduciary obligations are not only comprised of duties of good faith and loyalty, but also include duties of skill and competence in managing a country and it's people. Originating from within the Courts of Equity, the fiduciary concept exists to prevent those holding positions of power from abusing their authority. The fiduciary relationship between government and the governed arises from the governments ability to control people with the exercise of its power. In effect, if a government has the power to abolish any rights, it is equally burdened with the fiduciary duty to protect such an interest because it would benefit from the exercise of its own discretion to extinguish rights which it alone had the power to dispose of.
Reciprocity
The Golden Rule, or the ethic of reciprocity states that one must do unto others as one would be treated themselves; the principle being that reciprocal recognition and respect of rights ensures that one's own rights will be protected. This principle can be found in all the world's major religions in only slightly differing forms, and was enshrined in the "Declaration Toward a Global Ethic" by the Parliament of the World's Religions in 1993.
Other theories of human rights
The philosopher John Finnis argues that human rights are justifiable on the grounds of their instrumental value in creating the necessary conditions for human well-being.Interest theories highlight the duty to respect the rights of other individuals on grounds of self-interest:
“ Human rights law, applied to a State's own citizens serves the interest of states, by, for example, minimizing the risk of violent resistance and protest and by keeping the level of dissatisfaction with the government manageable ” —Niraj Nathwani in Rethinking refugee law.
The biological theory considers the comparative reproductive advantage of human social behavior based on empathy and altruism in the context of natural selection.
Human rights violations;
Human rights violations occur when any state or non-state actor breaches any part of the UDHR treaty or other international human rights or humanitarian law. In regard to human rights violations of United Nations laws. Article 39 of the United Nations Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations.
Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations, such as Amnesty International, Human Rights Watch, World Organisation Against Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery International. These organisations collect evidence and documentation of human rights abuses and apply pressure to enforce human rights.
Only a very few countries do not commit significant human rights violations, according to Amnesty International. In their 2004 human rights report (covering 2003), the Netherlands, Norway, Denmark, Iceland and Costa Rica are the only (mappable) countries that did not (in their opinion) violate at least some human rights significantly.
Wars of aggression, War crimes and crimes against humanity, including genocide, are breaches of International humanitarian law and represent the most serious of human rights violations.Human rights violations occur when any state or non-state actor breaches any part of the UDHR treaty or other international human rights or humanitarian law. In regard to human rights violations of United Nations laws. Article 39 of the United Nations Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations.
Human rights in the future
With the advances of technology, medicine, and human philosophy, the status quo of human rights thinking is constantly challenged. New, unforeseen possibilities and events occur, which can affect existing rights or potentially require new ones.
There is no current universal human right to water, binding or not, enshrined by the United Nations or any other multilateral body. In November 2002, the United Nations Committee on Economic, Social and Cultural Rights issued a non-binding comment affirming that access to water was a human right:
“ the human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. ”
—United Nations Committee on Economic, Social and Cultural Rights
This principle was reaffirmed at the 3rd and 4th World Water Forums in 2003 and 2006. This marks a departure from the conclusions of the 2nd World Water Forum in The Hague in 2000, which stated that water was a commodity to be bought and sold, not a right.There are calls from many NGOs and politicians to enshrine access to water as a binding human right, and not as a commodity.
Human rights of intrauterine or unborn babies have been a controversial subject. The point at which a new person is alive as an idividual, and the point at which that person becomes conscious, are disputed by pro-life and pro-choice groups on particular. Those who are pro-life believe that the moment of conception is the moment of a new individual life coming into being and therefore that individual has equal rights to any other person. Others, including many pro-choice groups, argue that until the point at which that life is viable (or could survive alone), the rights of that person are secondary to those of the mother. This topic has become more controversial as the advancement of medical science makes it a possibility to save the life of younger and younger babies.
The onset of global warming and a heightened knowledge of environmentalism has created potential conflicts between different human rights. Human rights ultimately require a working ecosystem and healthy environment, but the granting of certain rights to individuals may damage these. In the area of environmental rights, the responsibiliities of multi-national companies, so far relatively unaddressed by rights legislation, is of paramount consideration.
Future technological advances, such as the possibility of mass space travel, the advances in the internet and the possibility of access to huge amounts of information, and others, all raise the possibility of new rights.
Human responsibilities;
Human Responsibilities refers to universal responsibilities of human beings regardless of jurisdiction or other factors, such as ethnicity, nationality, religion, or sex.
The idea of human responsibilities arises as a natural counter-balance to the philosophical idea of human rights. Several groups and individuals have suggested what exactly these responsibilities might be[citation needed], perhaps the most well known being those proposed[1] by the InterAction Council[2], an international council of former heads of state, in 1997 partly to mark the 50th anniversary of the Universal Declaration of Human Rights adopted by the United Nations in 1948.
REFERENCES
Amnesty International (2004). Amnesty International Report. Amnesty International Publications. ISBN 0862103541 ISBN 1-887204-40-7
Alexander, Fran (ed) (1998). Encyclopedia of World History. Oxford University Press. ISBN 0198602235
Alston, Philip (2005). "Ships Passing in the Night: The Current State of the Human Rights and Development Debate seen through the Lens of the Millennium Development Goals". Human Rights Quarterly. Vol. 27 (No. 3) p.807
Arnhart, Larry (1998). Darwinian Natural Right: The Biological Ethics of Human Nature SUNY Press. ISBN 0791436934
Ball, Olivia; Gready, Paul (2007). The No-Nonsense Guide to Human Rights. New Internationalist. ISBN 1-904456-45-6
Barzilai, Gad. (2003). Communities and Law: Politics and Cultures of Legal Identities. Ann Arbor: University of Michigan Press. ISBN 0472113151
Chauhan, O.P. (2004). Human Rights: Promotion and Protection. Anmol Publications PVT. LTD. ISBN 812612119X.
Cook, Rebecca J.; Fathalla, Mahmoud F. (September 1996). "Advancing Reproductive Rights Beyond Cairo and Beijing". International Family Planning Perspectives Vol.22 (No.3): p.115-121
Davenport, Christian (2007a). State Repression and the Domestic Democratic Peace. New York: Cambridge University Press. ISBN 0521864909
Davenport, Christian (2007b). State Repression and Political Order. Annual Review of Political Science.
Donnelly, Jack. (2003). Universal Human Rights in Theory & Practice. 2nd ed. Ithaca & London: Cornell University Press. ISBN 0801487765
Ellerman, David (2005). Helping People Help Themselves: From the World Bank to an Alternative Philosophy of Development Assistance. Ann Arbor: University of Michigan Press. ISBN 0472031422
Esposito, John L. (2004). The Oxford Dictionary of Islam. Oxford University Press. ISBN 0195125592
Esposito, John L. (2005). Islam: The Staight Path. Oxford University Press. ISBN 0195182669
Finnis, John (1980). Natural Law and Natural Rights Oxford: Clarendon Press. ISBN 0198761104
Forsythe, David P. (2000). Human Rights in International Relations. Cambridge: Cambridge University Press. International Progress Organization. ISBN 3-900704-08-2
Forsythe, David P. (2005). The Humanitarians: The International Committee of the Red Cross Cambidge University Press. ISBN 0521848288
Freedman, Lynn P.; Isaacs, Stephen L. (Jan-Feb 1993). "Human Rights and Reproductive Choice". Studies in Family Planning Vol.24 (No.1): p.18-30
Ignatieff, Michael (2001). Human Rights as Politics and Idolatry. Princeton & Oxford: Princeton University Press. ISBN 0691088934
Glendon, Mary Ann (2001). A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights. Random House of Canada Ltd. ISBN 0375506926
Haddad, Yvonne Yazbeck; Esposito, John L. (1998) Islam, Gender, and Social Change. Oxford University Press US. ISBN 0195113578
Hitchens, Christopher (2002). The Trial of Henry Kissinger. Verso. ISBN 1859843980
Houghton Miffin Company (2006). The American Heritage Dictionary of the English Language. Houghton Miffin. ISBN 0618701737
Jaffa, Harry V. (1979). Thomism and Aristotelianism; A Study of the Commentary by Thomas Aquinas on the Nicomachean Ethics Greenwood Press. ISBN 0313211493 (reprint of 1952 edition published by University of Chicago Press)
Jahn, Beate (2005). "Barbarian thoughts: imperialism in the philosophy of John Stuart Mill". Review of International Studies 13-06-2005 31: 599-618 Cambridge University Press
Jones, Lindsay. Encyclopedia of religion, second edition. ISBN 0-02-865742-X
Joseph, Suad; Najmabadi, Afsaneh (eds) (2007). Encyclopedia of Women & Islamic Cultures. Brill Publishing. ISBN 9004128182
Kennedy, Duncan (1982). Legal Education and the Reproduction of Hierarchy. Journal of Legal Education Vol.32 (No. 591)
Khadduri, Majid (1978). "Marriage in Islamic Law: The Modernist Viewpoints". American Journal of Comparative Law Vol. 26 (No. 2): pp. 213-218.
Köchler, Hans (1981). The Principles of International Law and Human Rights. hanskoechler.com
Köchler, Hans. (1990). "Democracy and Human Rights". Studies in International Relations, XV. Vienna: International Progress Organization.
Kohen, Ari (2007). In Defense of Human Rights: A Non-Religious Grounding in a Pluralistic World. Routledge. ISBN 0415420156 , ISBN 978-0415420150
Landman, Todd (2006). Studying Human Rights. Oxford and London: Routledge ISBN 0-415-32605-2
Lewis, Bernard (1992). Race and Slavery in the Middle East: An Historical Enquiry. Oxford University Press. ISBN 0195053265
Lewis, Bernard (21 January 1998). "Islamic Revolution". The New York Review of Books Vol.34 (Nos. 21 & 22)
Light, Donald W. (2002). "A Conservative Call For Universal Access To Health Care" Penn Bioethics Vol.9 (No.4) p.4-6
Littman, David (1999). "Universal Human Rights and 'Human Rights in Islam'". Midstream Magazine Vol. 2 (no.2) pp. 2-7
Maan, Bashir; McIntosh, Alastair (1999). "Interview with William Montgomery Watt" The Coracle Vol. 3 (No. 51) pp. 8-11.
Mayer, Henry (2000). All on Fire: William Lloyd Garrison and the Abolition of Slavery. St Martin's Press. ISBN 0312253672
McAuliffe, Jane Dammen (ed) (2005). Encyclopaedia of the Qur'an: vol 1-5 Brill Publising. ISBN 9004147438. ISBN 978-9004147430
McLagan, Meg (2003) "Principles, Publicity, and Politics: Notes on Human Rights Media". American Anthropologist. Vol. 105 (No. 3). pp. 605-612
Hershock, Peter D; Ames, R.T.; Stepaniants, M. (eds). Technology and Cultural Values on the Edge of the Third Millennium. (Selected papers from the 8 th East-West Philosophers Conference). Honolulu: U of Hawai’i Press, 2003. 209-221.
Möller, Hans-Georg (2003). How to Distinguish Friends from Enemies: Human Rights Rhetoric and Western Mass Media.
Nathwani, Niraj (2003). Rethinking Refugee Law. Martinus Nijhoff Publishers. ISBN 9041120025
Paul, Ellen Frankel; Miller, Fred Dycus; Paul, Jeffrey (eds) (2001). Natural Law and Modern Moral Philosophy Cambridge University Press. ISBN 0521794609
Clayton, Philip; Schloss, Jeffrey (2004). Evolution and Ethics: Human Morality in Biological and Religious Perspective Wm. B. Eerdmans Publishing. ISBN 0802826954
Robertson, Arthur Henry; Merrills, John Graham (1996). Human Rights in the World: An Introduction to the Study of the International Protection of Human Rights. Manchester University Press. ISBN 0719049237.
Salevao, Lutisone (2005). Rule of Law, Legitimate Governance and Develoment in the Pacific. ANU E Press. ISBN 1920942556
Scott, C. (1989). "The Interdependence and Permeability of Human Rights Norms: Towards a Partial Fusion of the International Covenants on Human Rights". Osgood Law Journal Vol. 27
Sills, David L. (1968, 1972) International Encyclopedia of the Social Sciences. MacMillan.
Shellens, Max Salomon. 1959. "Aristotle on Natural Law." Natural Law Forum 4, no. 1. Pp. 72–100.
Schimmel, Annemarie (1992). Islam: An Introduction. SUNY Press. ISBN 0791413276
Sen, Amartya (1997). Human Rights and Asian Values. ISBN 0-87641-151-0.
Shute, Stephen & Hurley, Susan (eds.). (1993). On Human Rights: The Oxford Amnesty Lectures. New York: BasicBooks. ISBN 046505224X
Steiner, J. & Alston, Philip. (1996). International Human Rights in Context: Law, Politics, Morals. Oxford: Clarendon Press. ISBN 019825427X
Sunga, Lyal S. (1992) Individual Responsibility in International Law for Serious Human Rights Violations, Martinus Nijhoff Publishers. ISBN 0792314530
Tahir-ul-Qadri, Muhammad (2005), Huquq al Insania fil Islam (Human Rights in Islam). Minhaj Publishers. 365-M-Model
Tierney, Brian (1997). The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law. Wm. B. Eerdmans Publishing. ISBN 0802848540
Tunick, Mark (2006). "Tolerant Imperialism: John Stuart Mill's Defense of British Rule in India". The Review of Politics 27-10-2006 68: 586-611 Cambridge University Press
Vaughn, Karen I. (1978) "John Locke and the Labor Theory of Value" Journal of Libertarian Studies. Vol. 2 (No. 4) pp.311-326 .
refers to "the basic rights and freedoms to which all humans are entitled"[1] Examples of rights and freedoms which are often thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to work, and the right to education.
Magna Carta or "Great Charter" was one of the world's first documents containing commitments by a sovereign to his people to respect certain legal rights
“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. ”
—Article 1 of the United Nations Universal Declaration of Human Rights (UDHR}.
The history of human rights covers thousands of years and draws upon religious, cultural, philosophical and legal developments throughout recorded history. Though several ancient documents and later religions and philosophies included a variety of concepts that may be considered to be human rights, the Anglocentric concept is that human rights as a legal right stem primarily from the precedent set by the Magna Carta.
The Magna Carta is an English charter originally issued in 1215. The Magna Carta influenced the development of the common law and many constitutional documents, such as the United States Constitution, especially its Bill of Rights, and is considered one of the most important legal documents in the history of democracy, being one of the most significant early influences on the extensive historical process that led to the rule of constitutional law today.
The Magna Carta was one of the first legal documents to limit the power of government in order to protect the rights of its citizens. For modern times, the most enduring legacy of the Magna Carta is considered the right of habeas corpus. This right arises from what are now known as clauses 36, 38, 39, and 40 of the 1215 Magna Carta. The Magna Carta also included the right to due process.
Declaration of the Rights of Man and of the Citizen approved by the National Assembly of France, August 26, 1789Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789). The Virginia Declaration of Rights of 1776 set up a number of fundamental rights and freedoms. The later United States Declaration of Independence includes concepts of natural rights and famously states "that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." Similarly, the French Declaration of the Rights of Man and Citizen defines a set of individual and collective rights of the people. These are, in the document, held to be universal - not only to French citizens but to all men without exception.
Philosophers such as Thomas Paine,John Stuart Mill and Hegel expanded on the theme of universality during the 18th and 19th centuries.In 1831 William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights"so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary,Henry David Thoreau,wrote about human rights in his treatise On the Duty of Civil Disobedience which was later influential on human rights and civil rights thinkers.United States Supreme Court Justice David Davis,in his 1867 opinion for Ex Parte Milligan, wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people."
Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights.In Western Europe and North America,labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. The women's rights movement succeeded in gaining for many women the right to vote. National liberation movements in many countries succeeded in driving out colonial powers.One of the most influential was Mahatma Gandhi's movement to free his native India from British rule.Movements by long-oppressed racial and religious minorities succeeded in many parts of the world,among them the civil rights movement,and more recent diverse identity politics movements, on behalf of women and minorities in the United States.
The foundation of the International Committee of the Red Cross,the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law,to be further developed following the two World Wars.
The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I.The League's goals included disarmament, preventing war through collective security,settling disputes between countries through negotiation,diplomacy and improving global welfare.Enshrined in its Charter was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights.
At the 1945 Yalta Conference,the Allied Powers agreed to create a new body to supplant the League's role.This body was to be the United Nations.The United Nations has played an important role in international human rights law since its creation. Following the World Wars the United Nations and its members developed much of the discourse and the bodies of law which now make up international humanitarian law and international human rights law.
The Geneva Conventions came into being between 1864 and 1949 as a result of efforts by Henry Dunant,the founder of the International Committee of the Red Cross.The conventions safeguard the human rights of individuals involved in armed conflict, and build on the 1899 and 1907 Hague Conventions,the international community's first attempt to define laws of war. While first framed before World War I, the conventions were revised as a result of World War II and readopted by the international community in 1949.
The Geneva Conventions are:
First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, last revision in 1949)
Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X)
Third Geneva Convention "relative to the Treatment of Prisoners of War" (first adopted in 1929, last revision in 1949)
Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on parts of the 1907 Hague Convention IV)
In addition, there are three additional amendment protocols to the Geneva Convention:
Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries.
Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. As of 12 January 2007 it had been ratified by 163 countries.
Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had been ratified by 17 countries and signed but not yet ratified by an additional 68 countries.
All four conventions were last revised and ratified in 1949, based on previous revisions and partly on some of the 1907 Hague Conventions. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. Nearly all 200 countries of the world are "signatory" nations, in that they have ratified these conventions. The International Committee of the Red Cross is the controlling body of the Geneva conventions.
Universal Declaration of Human Rights;
"It is not a treaty...[In the future, it] may well become the international Magna Carta."Eleanor Roosevelt with the Spanish text of the Universal Declaration in 1949The Universal Declaration of Human Rights(UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to the barbarism of World War II. Although the UDHR is a non-binding resolution, it is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by national and other judiciaries.The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and press upon them duties to their citizens following the model of the rights-duty duality.
“ ...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world ”
—Preamble to the Universal Declaration of Human Rights, 1948
The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as Chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and accompanying treaties, but the UDHR quickly became the priority. [8]Canadian law professor John Humprey and French lawyer Rene Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include the basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights. The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized.Humphrey and Cassin intended the rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble:
“ Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. ”
—Preamble to the Universal Declaration of Human Rights, 1948
Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi.The inclusion of both civil and political rights and economic, social and cultural rights was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. This principle was not then opposed by any member states (the declaration was adopted unanimously, with the abstention of the Soviet bloc, Apartheid South Africa and Saudi Arabia), however this principle was later subject to significant challenges.
The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both econonic and social rights and civil and political rights in the declaration.[citation needed] Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as the right to work and the right to join a union).[citation needed] Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion.
Because of the divisions over which rights to include, and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for the inclusion of all rights in a so-called Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others.[citation needed] Though this allowed the covenants to be created, one commentator has written that it denied the proposed principle that all rights are linked which was central to some interpretations of the UDHR.
Articles of the Universal Declaration of Human Rights
General Principles
Article 1: Freedom,Egalitarianism,Dignity,and Brotherhood·
Article 2: Universality of rights
Civil and Political Rights.
Treaty: International Covenant on Civil
and Political Rights.
Article 3: Right to life,liberty and security of person·
Article 4: Freedom from slavery ·
Article 5: Freedom from torture and cruel, unusual punishment ·
Article 6: Right to personhood ·
Article 7: Equality before the law ·
Article 8: Right to effective remedy from the law ·
Article 9: Freedom from arbitrary arrest, detention, and exile ·
Article 10: Right to fair trial ·
Article 11.1: Presumption of innocence ·
Article 11.2: Prohibition of retrospective law ·
Article 12: Right to Privacy ·
Article 13 Freedom of movement ·
Article 14: Right of asylum ·
Article 15: Right to a nationality ·
Article 16: Right to marriage and family life ·
Article 17: Right to property ·
Article 18: Freedom of thought, conscience, and religion ·
Article 19: Freedom of opinion and expression ·
Article 20.1: Freedom of assembly ·
Article 20.2: Freedom of association ·
Article 21.1: Right to participation in government ·
Article 21.2: Right of equal access to public office ·
Article 21.3: Right to universal suffrage
Social, Cultural and Economic Rights.
Treaty: International Covenant on Economic,
Social and Cultural Rights
Article 22: Right to social security ·
Article 23.1: Right to work ·
Article 23.2: Right to equal pay for equal work ·
Article 23.3: Right to just remuneration ·
Article 23.4: Right to join a trade union ·
Article 24: Right to rest & leisure ·
Article 25.1: Right to an adequate standard of living ·
Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education ·
Article 26.2: Human rights education ·
Article 26.3: Right to choice of education ·
Article 27.1: Right to participate in culture ·
Article 27.2: Right to intellectual property
Context, limitations and duties
Article 28: Social order ·
Article 29.1: Social responsibility ·
Article 29.2: Limitations of human rights ·
Article 29.3: The supremacy of the purposes and principles of the United Nations · Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Human Rights Treaties
In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states that have signed this treaty.However they only came into force in 1976 when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992).The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals.
Since then numerous other treaties (pieces of legislation) have been offered at the international level. They are generally know as human rights instruments. Some of the most significant are:
Convention on the Prevention and Punishment of the Crime of Genocide (adopted 1948, entry into force: 1951)
Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted 1966, entry into force: 1969)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (entry into force: 1981)
United Nations Convention Against Torture (CAT) (adopted 1984, entry into force: 1984)
Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989)
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) (adopted 1990)
Rome Statute of the International Criminal Court (ICC) (entry into force: 2002)
The United Nations
The UN General Assembly
The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation.All UN organs have advisory roles to the United Nations Security Council and the United Nations Human Rights Council, and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to:
“ ...achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. ”
—Article 1-3 of the United Nations Charter.
The United Nations Human Rights Council, created at the 2005 World Summit to replace the United Nations Commission on Human Rights, has a mandate to investigate violations of human rights.The Human Rights Council is a subsidiary body of the General Assembly and reports directly to it. It ranks below the Security Council, which is the final authority for the interpretation of the United Nations Charter.Forty-seven of the one hundred ninety-one member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly. Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The Council is based in Geneva, and meets three times a year; with additional meetings to respond to urgent situations.
Independent experts (rapporteurs) are retained by the Council to investigate alleged human rights abuses and to provide the Council with reports.
The Human Rights Council may request that the Security Council take action when human rights violations occur. This action may be direct actions, may involve sanctions,and the Security Council may also refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC.
The Human Rights Committee is a United Nations body of 18 experts that meets three times a year to consider the five-yearly reports submitted by UN member states on their compliance with the International Covenant on Civil and Political Rights.
The Committee is one of seven UN-linked human rights treaty bodies.
States that have signed the First Optional Protocol (currently 104 countries) have agreed to allow persons within the member state to obtain an opinion from the Committee regarding violations of that Covenant.For those countries, the Human Rights Committee can thus function as a mechanism for the international redress of human rights abuses, similar to the regional mechanisms afforded by the Inter-American Court of Human Rights or the European Court of Human Rights. The First Optional Protocol came into effect on 23 March 1976.
The Second Optional Protocol, in force since 11 July 1991, addresses the abolition of the death penalty and has been ratified by 53 states.
The Human Rights Committee should not be confused with the more high-profile Commission on Human Rights, a Charter-based mechanism, or its replacement, the Human Rights Council. Whereas the Commission on Human Rights was a political forum where states debated all human rights concerns (since June 2006, replaced by the Council in that function), the Human Rights Committee is a treaty-based mechanism where a group of experts examines reports and rules on individual communications pertaining only to the International Covenant on Civil and Political Rights. It remains disputed whether the Human Rights Committee's in principle non-binding final views qualify as decisions of a quasi-judicial body or simply constitute authoritative interpretations on the merits of the cases brought before them for the members of the Optional Protocol of the Covenant on Civil and Political Rights.
The members of the Human Rights Committee, who must be "of high moral character and recognized competence in the field of human rights", are elected by the member states but on an individual basis, not as representatives of their countries. They serve four-year terms, with one-half of their number elected every second year at the General Assembly.
Members
Name State Term
Christine Chanet : Chair France 2006–2010
Abdelfattah Amor Tunisia 2006–2010
Nisuke Ando Japan 2006–2010
Prafullachandra Natwarlal Bhagwati India 2006–2010
Yuji Iwasawa Japan 2006–2010
Walter Kälin Switzerland 2006–2010
Zonke Zanele Majodina South Africa 2006–2010
Iulia Antoanella Motoc Romania 2006–2010
Sir Nigel S. Rodley UK 2006–2010
José Luis Sánchez Cerro Peru 2006–2010
Ruth Wedgwood USA 2006–2010
Roman Wieruszewski Poland 2006–2010
Hipólito Solari Yrigoyen Argentina 2006–2010
Maurice Ahanhanzo Glèlè-Ahanhanzo Benin 2004–2008
Alfredo Castillero Hoyos Panama 2004–2008
Ahmed Tawfik Khalal Egypt 2004–2008
Edwin Johnson López Ecuador 2004–2008
Rajsoomer Lallah Mauritius 2004–2008
Michael O'Flaherty Ireland 2004–2008
Elisabeth Palm Sweden 2004–2008
Rafael Rivas Posada Colombia 2004–2008
Ivan Shearer Australia 2004–2008
The African Union (AU)
is a supranational union consisting of fifty-three African states.
Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market.
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The Commission has three broad areas of responsibility:
Promoting human and peoples' rights
Protecting human and peoples' rights
Interpreting the African Charter on Human and Peoples' Rights.
In pursuit of these goals, the Commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45).
With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the Commission will have the additional task of preparing cases for submission to the Court's jurisdiction.In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice.
The Court of Justice of the African Union is intended to be the “principal judicial organ of the Union” (Protocol of the Court of Justice of the African Union, Article 2.2].Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing the African Court on Human and Peoples' Rights entered into force in January 2004 but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries.
There are many countries in Africa accused of human rights violations by the international community and NGOs.
Philosophies of human rights
Several theoretical approaches have been advanced to explain how and why human rights become part of social expectations.
One of the oldest Western philosophies on human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds.
Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with Hume).Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) - a social contract.
Natural law and Natural rights]
Natural law theories base human rights on a “natural” moral, religious or even biological order which is independent of transitory human laws or traditions.
Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (dikaion physikon, δικαιον φυσικον, Latin ius naturale). Of these, Aristotle is often said to be the father of natural law, although evidence for this is due largely to the interpretations of his work of Thomas Aquinas.
The development of this tradition of natural justice into one of natural law is usually attributed to the Stoics.
Some of the early Church fathers sought to incorporate the until then pagan concept of natural law into Christianity. Natural law theories have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, and John Locke.
In the Seventeenth Century Thomas Hobbes founded a contractualist theory of legal positivism on what all men could agree upon: what they sought (happiness) was subject to contention, but a broad consensus could form around what they feared (violent death at the hands of another). The natural law was how a rational human being, seeking to survive and prosper, would act. It was discovered by considering humankind's natural rights, whereas previously it could be said that natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way natural law could prevail was for men to submit to the commands of the sovereign. In this lay the foundations of the theory of a social contract between the governed and the governor.
Hugo Grotius based his philosophy of international law on natural law. He wrote that "even the will of an omnipotent being cannot change or abrogate" natural law, which "would maintain its objective validity even if we should assume the impossible, that there is no God or that he does not care for human affairs." (De iure belli ac pacis, Prolegomeni XI). This is the famous argument etiamsi daremus (non esse Deum), that made natural law no longer dependent on theology.
John Locke incorporated natural law into many of his theories and philosophy, especially in Two Treatises of Government. Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one.
The Belgian philosopher of law Frank van Dun is one among those who are elaborating a secular conception of natural law in the liberal tradition. There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity.
The term "human rights" has replaced the term "natural rights" in popularity, because the rights are less and less frequently seen as requiring natural law for their existence.
Social contract
The Swiss-French philosopher Jean-Jacques Rousseau suggested the existence of a hypothetical social contract where a group of free individuals agree for the sake of the common good to form institutions to govern themselves. This echoed the earlier postulation by Thomas Hobbes that there is a contract between the government and the governed - and led to John Locke's theory that a failure of the government to secure rights is a failure which justifies the removal of the government.
International equity expert Paul Finn has echoed this view:
“ the most fundamental fiduciary relationship in our society is manifestly that which exists between the community (the people) and the state, its agencies and officials. ” —Paul Finn
The relationship between government and the governed in countries which follow the English common law tradition is a fiduciary one. In equity law, a politician's fiduciary obligations are not only comprised of duties of good faith and loyalty, but also include duties of skill and competence in managing a country and it's people. Originating from within the Courts of Equity, the fiduciary concept exists to prevent those holding positions of power from abusing their authority. The fiduciary relationship between government and the governed arises from the governments ability to control people with the exercise of its power. In effect, if a government has the power to abolish any rights, it is equally burdened with the fiduciary duty to protect such an interest because it would benefit from the exercise of its own discretion to extinguish rights which it alone had the power to dispose of.
Reciprocity
The Golden Rule, or the ethic of reciprocity states that one must do unto others as one would be treated themselves; the principle being that reciprocal recognition and respect of rights ensures that one's own rights will be protected. This principle can be found in all the world's major religions in only slightly differing forms, and was enshrined in the "Declaration Toward a Global Ethic" by the Parliament of the World's Religions in 1993.
Other theories of human rights
The philosopher John Finnis argues that human rights are justifiable on the grounds of their instrumental value in creating the necessary conditions for human well-being.Interest theories highlight the duty to respect the rights of other individuals on grounds of self-interest:
“ Human rights law, applied to a State's own citizens serves the interest of states, by, for example, minimizing the risk of violent resistance and protest and by keeping the level of dissatisfaction with the government manageable ” —Niraj Nathwani in Rethinking refugee law.
The biological theory considers the comparative reproductive advantage of human social behavior based on empathy and altruism in the context of natural selection.
Human rights violations;
Human rights violations occur when any state or non-state actor breaches any part of the UDHR treaty or other international human rights or humanitarian law. In regard to human rights violations of United Nations laws. Article 39 of the United Nations Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations.
Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations, such as Amnesty International, Human Rights Watch, World Organisation Against Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery International. These organisations collect evidence and documentation of human rights abuses and apply pressure to enforce human rights.
Only a very few countries do not commit significant human rights violations, according to Amnesty International. In their 2004 human rights report (covering 2003), the Netherlands, Norway, Denmark, Iceland and Costa Rica are the only (mappable) countries that did not (in their opinion) violate at least some human rights significantly.
Wars of aggression, War crimes and crimes against humanity, including genocide, are breaches of International humanitarian law and represent the most serious of human rights violations.Human rights violations occur when any state or non-state actor breaches any part of the UDHR treaty or other international human rights or humanitarian law. In regard to human rights violations of United Nations laws. Article 39 of the United Nations Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations.
Human rights in the future
With the advances of technology, medicine, and human philosophy, the status quo of human rights thinking is constantly challenged. New, unforeseen possibilities and events occur, which can affect existing rights or potentially require new ones.
There is no current universal human right to water, binding or not, enshrined by the United Nations or any other multilateral body. In November 2002, the United Nations Committee on Economic, Social and Cultural Rights issued a non-binding comment affirming that access to water was a human right:
“ the human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. ”
—United Nations Committee on Economic, Social and Cultural Rights
This principle was reaffirmed at the 3rd and 4th World Water Forums in 2003 and 2006. This marks a departure from the conclusions of the 2nd World Water Forum in The Hague in 2000, which stated that water was a commodity to be bought and sold, not a right.There are calls from many NGOs and politicians to enshrine access to water as a binding human right, and not as a commodity.
Human rights of intrauterine or unborn babies have been a controversial subject. The point at which a new person is alive as an idividual, and the point at which that person becomes conscious, are disputed by pro-life and pro-choice groups on particular. Those who are pro-life believe that the moment of conception is the moment of a new individual life coming into being and therefore that individual has equal rights to any other person. Others, including many pro-choice groups, argue that until the point at which that life is viable (or could survive alone), the rights of that person are secondary to those of the mother. This topic has become more controversial as the advancement of medical science makes it a possibility to save the life of younger and younger babies.
The onset of global warming and a heightened knowledge of environmentalism has created potential conflicts between different human rights. Human rights ultimately require a working ecosystem and healthy environment, but the granting of certain rights to individuals may damage these. In the area of environmental rights, the responsibiliities of multi-national companies, so far relatively unaddressed by rights legislation, is of paramount consideration.
Future technological advances, such as the possibility of mass space travel, the advances in the internet and the possibility of access to huge amounts of information, and others, all raise the possibility of new rights.
Human responsibilities;
Human Responsibilities refers to universal responsibilities of human beings regardless of jurisdiction or other factors, such as ethnicity, nationality, religion, or sex.
The idea of human responsibilities arises as a natural counter-balance to the philosophical idea of human rights. Several groups and individuals have suggested what exactly these responsibilities might be[citation needed], perhaps the most well known being those proposed[1] by the InterAction Council[2], an international council of former heads of state, in 1997 partly to mark the 50th anniversary of the Universal Declaration of Human Rights adopted by the United Nations in 1948.
REFERENCES
Amnesty International (2004). Amnesty International Report. Amnesty International Publications. ISBN 0862103541 ISBN 1-887204-40-7
Alexander, Fran (ed) (1998). Encyclopedia of World History. Oxford University Press. ISBN 0198602235
Alston, Philip (2005). "Ships Passing in the Night: The Current State of the Human Rights and Development Debate seen through the Lens of the Millennium Development Goals". Human Rights Quarterly. Vol. 27 (No. 3) p.807
Arnhart, Larry (1998). Darwinian Natural Right: The Biological Ethics of Human Nature SUNY Press. ISBN 0791436934
Ball, Olivia; Gready, Paul (2007). The No-Nonsense Guide to Human Rights. New Internationalist. ISBN 1-904456-45-6
Barzilai, Gad. (2003). Communities and Law: Politics and Cultures of Legal Identities. Ann Arbor: University of Michigan Press. ISBN 0472113151
Chauhan, O.P. (2004). Human Rights: Promotion and Protection. Anmol Publications PVT. LTD. ISBN 812612119X.
Cook, Rebecca J.; Fathalla, Mahmoud F. (September 1996). "Advancing Reproductive Rights Beyond Cairo and Beijing". International Family Planning Perspectives Vol.22 (No.3): p.115-121
Davenport, Christian (2007a). State Repression and the Domestic Democratic Peace. New York: Cambridge University Press. ISBN 0521864909
Davenport, Christian (2007b). State Repression and Political Order. Annual Review of Political Science.
Donnelly, Jack. (2003). Universal Human Rights in Theory & Practice. 2nd ed. Ithaca & London: Cornell University Press. ISBN 0801487765
Ellerman, David (2005). Helping People Help Themselves: From the World Bank to an Alternative Philosophy of Development Assistance. Ann Arbor: University of Michigan Press. ISBN 0472031422
Esposito, John L. (2004). The Oxford Dictionary of Islam. Oxford University Press. ISBN 0195125592
Esposito, John L. (2005). Islam: The Staight Path. Oxford University Press. ISBN 0195182669
Finnis, John (1980). Natural Law and Natural Rights Oxford: Clarendon Press. ISBN 0198761104
Forsythe, David P. (2000). Human Rights in International Relations. Cambridge: Cambridge University Press. International Progress Organization. ISBN 3-900704-08-2
Forsythe, David P. (2005). The Humanitarians: The International Committee of the Red Cross Cambidge University Press. ISBN 0521848288
Freedman, Lynn P.; Isaacs, Stephen L. (Jan-Feb 1993). "Human Rights and Reproductive Choice". Studies in Family Planning Vol.24 (No.1): p.18-30
Ignatieff, Michael (2001). Human Rights as Politics and Idolatry. Princeton & Oxford: Princeton University Press. ISBN 0691088934
Glendon, Mary Ann (2001). A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights. Random House of Canada Ltd. ISBN 0375506926
Haddad, Yvonne Yazbeck; Esposito, John L. (1998) Islam, Gender, and Social Change. Oxford University Press US. ISBN 0195113578
Hitchens, Christopher (2002). The Trial of Henry Kissinger. Verso. ISBN 1859843980
Houghton Miffin Company (2006). The American Heritage Dictionary of the English Language. Houghton Miffin. ISBN 0618701737
Jaffa, Harry V. (1979). Thomism and Aristotelianism; A Study of the Commentary by Thomas Aquinas on the Nicomachean Ethics Greenwood Press. ISBN 0313211493 (reprint of 1952 edition published by University of Chicago Press)
Jahn, Beate (2005). "Barbarian thoughts: imperialism in the philosophy of John Stuart Mill". Review of International Studies 13-06-2005 31: 599-618 Cambridge University Press
Jones, Lindsay. Encyclopedia of religion, second edition. ISBN 0-02-865742-X
Joseph, Suad; Najmabadi, Afsaneh (eds) (2007). Encyclopedia of Women & Islamic Cultures. Brill Publishing. ISBN 9004128182
Kennedy, Duncan (1982). Legal Education and the Reproduction of Hierarchy. Journal of Legal Education Vol.32 (No. 591)
Khadduri, Majid (1978). "Marriage in Islamic Law: The Modernist Viewpoints". American Journal of Comparative Law Vol. 26 (No. 2): pp. 213-218.
Köchler, Hans (1981). The Principles of International Law and Human Rights. hanskoechler.com
Köchler, Hans. (1990). "Democracy and Human Rights". Studies in International Relations, XV. Vienna: International Progress Organization.
Kohen, Ari (2007). In Defense of Human Rights: A Non-Religious Grounding in a Pluralistic World. Routledge. ISBN 0415420156 , ISBN 978-0415420150
Landman, Todd (2006). Studying Human Rights. Oxford and London: Routledge ISBN 0-415-32605-2
Lewis, Bernard (1992). Race and Slavery in the Middle East: An Historical Enquiry. Oxford University Press. ISBN 0195053265
Lewis, Bernard (21 January 1998). "Islamic Revolution". The New York Review of Books Vol.34 (Nos. 21 & 22)
Light, Donald W. (2002). "A Conservative Call For Universal Access To Health Care" Penn Bioethics Vol.9 (No.4) p.4-6
Littman, David (1999). "Universal Human Rights and 'Human Rights in Islam'". Midstream Magazine Vol. 2 (no.2) pp. 2-7
Maan, Bashir; McIntosh, Alastair (1999). "Interview with William Montgomery Watt" The Coracle Vol. 3 (No. 51) pp. 8-11.
Mayer, Henry (2000). All on Fire: William Lloyd Garrison and the Abolition of Slavery. St Martin's Press. ISBN 0312253672
McAuliffe, Jane Dammen (ed) (2005). Encyclopaedia of the Qur'an: vol 1-5 Brill Publising. ISBN 9004147438. ISBN 978-9004147430
McLagan, Meg (2003) "Principles, Publicity, and Politics: Notes on Human Rights Media". American Anthropologist. Vol. 105 (No. 3). pp. 605-612
Hershock, Peter D; Ames, R.T.; Stepaniants, M. (eds). Technology and Cultural Values on the Edge of the Third Millennium. (Selected papers from the 8 th East-West Philosophers Conference). Honolulu: U of Hawai’i Press, 2003. 209-221.
Möller, Hans-Georg (2003). How to Distinguish Friends from Enemies: Human Rights Rhetoric and Western Mass Media.
Nathwani, Niraj (2003). Rethinking Refugee Law. Martinus Nijhoff Publishers. ISBN 9041120025
Paul, Ellen Frankel; Miller, Fred Dycus; Paul, Jeffrey (eds) (2001). Natural Law and Modern Moral Philosophy Cambridge University Press. ISBN 0521794609
Clayton, Philip; Schloss, Jeffrey (2004). Evolution and Ethics: Human Morality in Biological and Religious Perspective Wm. B. Eerdmans Publishing. ISBN 0802826954
Robertson, Arthur Henry; Merrills, John Graham (1996). Human Rights in the World: An Introduction to the Study of the International Protection of Human Rights. Manchester University Press. ISBN 0719049237.
Salevao, Lutisone (2005). Rule of Law, Legitimate Governance and Develoment in the Pacific. ANU E Press. ISBN 1920942556
Scott, C. (1989). "The Interdependence and Permeability of Human Rights Norms: Towards a Partial Fusion of the International Covenants on Human Rights". Osgood Law Journal Vol. 27
Sills, David L. (1968, 1972) International Encyclopedia of the Social Sciences. MacMillan.
Shellens, Max Salomon. 1959. "Aristotle on Natural Law." Natural Law Forum 4, no. 1. Pp. 72–100.
Schimmel, Annemarie (1992). Islam: An Introduction. SUNY Press. ISBN 0791413276
Sen, Amartya (1997). Human Rights and Asian Values. ISBN 0-87641-151-0.
Shute, Stephen & Hurley, Susan (eds.). (1993). On Human Rights: The Oxford Amnesty Lectures. New York: BasicBooks. ISBN 046505224X
Steiner, J. & Alston, Philip. (1996). International Human Rights in Context: Law, Politics, Morals. Oxford: Clarendon Press. ISBN 019825427X
Sunga, Lyal S. (1992) Individual Responsibility in International Law for Serious Human Rights Violations, Martinus Nijhoff Publishers. ISBN 0792314530
Tahir-ul-Qadri, Muhammad (2005), Huquq al Insania fil Islam (Human Rights in Islam). Minhaj Publishers. 365-M-Model
Tierney, Brian (1997). The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law. Wm. B. Eerdmans Publishing. ISBN 0802848540
Tunick, Mark (2006). "Tolerant Imperialism: John Stuart Mill's Defense of British Rule in India". The Review of Politics 27-10-2006 68: 586-611 Cambridge University Press
Vaughn, Karen I. (1978) "John Locke and the Labor Theory of Value" Journal of Libertarian Studies. Vol. 2 (No. 4) pp.311-326 .
Thursday, January 17, 2008
HUMAN RIGHTS
Human rights refers to "the basic rights and freedoms to which all humans are entitled"Examples of rights and freedoms which are often thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to work, and the right to education.
Magna Carta or "Great Charter" was one of the world's first documents containing commitments by a sovereign to his people to respect certain legal rights
“The Magna Carta" is an English charter originally issued in 1215. The Magna Carta influenced the development of the common law and many constitutional documents, such as the United States Constitution, especially its Bill of Rights, and is considered one of the most important legal documents in the history of democracy, being one of the most significant early influences on the extensive historical process that led to the rule of constitutional law today.
The Magna Carta was one of the first legal documents to limit the power of government in order to protect the rights of its citizens Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789). The Virginia Declaration of Rights of 1776 set up a number of fundamental rights and freedoms. The later United States Declaration of Independence includes concepts of natural rights and famously states "that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." Similarly, the French Declaration of the Rights of Man and Citizen defines a set of individual and collective rights of the people. These are, in the document, held to be universal - not only to French citizens but to all men without exception.
Philosophers such as Thomas Paine, John Stuart Mill and Hegel expanded on the theme of universality during the 18th and 19th centuries. In 1831 William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights" so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary, Henry David Thoreau, wrote about human rights in his treatise On the Duty of Civil Disobedience.which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis, in his 1867 opinion for Ex Parte Milligan, wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people".
Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. The women's rights movement succeeded in gaining for many women the right to vote. National liberation movements in many countries succeeded in driving out colonial powers. One of the most influential was Mahatma Gandhi's movement to free his native India from British rule. Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement, and more recent diverse identity politics movements, on behalf of women and minorities in the United States.
The foundation of the International Committee of the Red Cross, the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law, to be further developed following the two World Wars
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. ”
—Article 1 of the United Nations Universal Declaration of Human Rights (UDHR
If every possible human rights element is deemed to be essential or necessary, then nothing will be treated as though it is truly important. ”
—Philip Alston.
He, and others, urge caution with prioritisation of rights:
“ ...the call for prioritizing is not to suggest that any obvious violations of rights can be ignored. ”
—Philip Alston.
“ Priorities, where necessary, should adhere to core concepts (such as reasonable attempts at progressive realization) and principles (such as non-discrimination, equality and participation. ”
—Olivia Ball, Paul Gready.
At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant the League's role. This body was to be the United Nations. The United Nations has played an important role in international human rights law since its creation. Following the World Wars the United Nations and its members developed much of the discourse and the bodies of law which now make up international humanitarian law and international human rights law.
Some human rights are said to be "inalienable rights." The term inalienable rights (or unalienable rights) refers to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered."
The adherence to the principle of indivisibility by the international community was reaffirmed in 1995:
“ All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis
rtant.
International humanitarian lawThe Geneva Conventions came into being between 1864 and 1949 as a result of efforts by Henry Dunant, the founder of the International Committee of the Red Cross. The conventions safeguard the human rights of individuals involved in armed conflict, and build on the 1899 and 1907 Hague Conventions, the international community's first attempt to define laws of war. While first framed before World War I, the conventions were revised as a result of World War II and readopted by the international community in 1949.
The Geneva Conventions are:
First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, last revision in 1949)
Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X)
Third Geneva Convention "relative to the Treatment of Prisoners of War" (first adopted in 1929, last revision in 1949)
Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on parts of the 1907 Hague Convention IV)
In addition, there are three additional amendment protocols to the Geneva Convention:
Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries.
Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. As of 12 January 2007 it had been ratified by 163 countries.
Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had been ratified by 17 countries and signed but not yet ratified by an additional 68 countries.
All four conventions were last revised and ratified in 1949, based on previous revisions and partly on some of the 1907 Hague Conventions. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. Nearly all 200 countries of the world are "signatory" nations, in that they have ratified these conventions. The International Committee of the Red Cross is the controlling body of the Geneva conventions
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly[6] in 1948, partly in response to the barbarism of World War II. Although the UDHR is a non-binding resolution, it is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by national and other judiciaries.[7] The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and press upon them duties to their citizens following the model of the rights-duty duality.
“ ...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world ”
—Preamble to the Universal Declaration of Human Rights, 1948
Articles of the Universal Declaration of Human Rights
General Principles Article
1: Freedom, Egalitarianism, Dignity, and Brotherhood ·
Article 2: Universality of rights
Civil and Political Rights.
Treaty: International Covenant on Civil
and Political Rights Article
3: Right to life, liberty and security of person ·
Article 4: Freedom from slavery ·
Article 5: Freedom from torture and cruel, unusual punishment ·
Article 6: Right to personhood ·
Article 7: Equality before the law ·
Article 8: Right to effective remedy from the law ·
Article 9: Freedom from arbitrary arrest, detention, and exile ·
Article 10: Right to fair trial ·
Article 11.1: Presumption of innocence ·
Article 11.2: Prohibition of retrospective law · Article 12: Right to Privacy · Article 13 Freedom of movement ·
Article 14: Right of asylum ·
Article 15: Right to a nationality ·
Article 16: Right to marriage and family life ·
Article 17: Right to property ·
Article 18: Freedom of thought, conscience, and religion ·
Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association ·
Article 21.1: Right to participation in government ·
Article 21.2: Right of equal access to public office ·
Article 21.3: Right to universal suffrage
Social, Cultural and Economic Rights.
Treaty: International Covenant on Economic,
Social and Cultural Rights
Article 22: Right to social security ·
Article 23.1: Right to work ·
Article 23.2: Right to equal pay for equal work ·
Article 23.3: Right to just remuneration ·
Article 23.4: Right to join a trade union ·
Article 24: Right to rest & leisure ·
Article 25.1: Right to an adequate standard of living ·
Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education ·
Article 26.2: Human rights education ·
Article 26.3: Right to choice of education ·
Article 27.1: Right to participate in culture ·
Article 27.2: Right to intellectual property
Context, limitations and duties
Article 28: Social order ·
Article 29.1: Social responsibility ·
Article 29.2: Limitations of human rights ·
Article 29.3: The supremacy of the purposes and principles of the United Nations · Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Human rights instruments are legal documents of a country or society which grant or affirm the stated human rights to their citizens or subjects.
Women's rights:
The term women’s rights refers to the freedoms inherently possessed by women and girls of all ages, which may be institutionalized, ignored or suppressed by law, custom, and behavior in a particular society. [1] These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recognized for men and boys, and because activism surrounding this issue claims an inherent historical and traditional bias against the exercise of rights by women.
Some of the issues commonly associated with these notions include rights to:
bodily integrity and autonomy;
vote (universal suffrage);
hold public office;
work;
fair wages or equal pay;
own property and to enter into legal contracts;
education;
serve in the military; and
to have marital, parental and religious rights.[2]
Activists have campaigned, and in some places continue to campaign, for the same rights as modern men.
In 1946 the United Nations established a Commission on the Status of Women.[37][38] Originally as the Section on the Status of Women, Human Rights Division, Department of Social Affairs, and now part of the Economic and Social Council (ECOSOC). In 1948 the UN issued its Universal Declaration of Human Rights[39] which protects "the equal rights of men and women", and addressed both the equality and equity issues.
Since 1975 the UN has held a series of world conferences on women's issues, starting with the World Conference of the International Women's Year in Mexico City. These conferences created an international forum for women's rights, but also illustrated divisions between women of different cultures and the difficulties of attempting to apply principles universally[40] Emerging from the 1985 Nairobi conference was a realization that feminism is not monolithic but "constitutes the political expression of the concerns and interests of women from different regions, classes, nationalities, and ethnic backgrounds. There is and must be a diversity of feminisms, responsive to the different needs and concerns of women, and defined by them for themselves. This diversity builds on a common opposition to gender oppression and hierarchy which, however, is only the first step in articulating and acting upon a political agenda."[41] At the Fourth World Conference on Women in Beijing, The Platform for Action was signed. This included a commitment to achieve "gender equality and the empowerment of women".
Reproductive rights
Reproductive rights are rights relating to sexual reproduction and reproductive health.[44] The idea of these rights were first discussed as a subset of human rights at the United Nation's 1968 International Conference on Human Rights. The sixteenth article of the Proclamation of Teheran states, "Parents have a basic human right to determine freely and responsibly the number and the spacing of their children."[45] Since then, reproductive rights have been established as human rights in international human rights documents[46], particularly with the ratification of the Convention to End Discrimination Against Women (CEDAW), and the adoption of the the Cairo Programme and the Beijing Platform.[44] Reproductive rights are often held to include the right to control one's reproductive functions, the right to access quality reproductive healthcare, the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence.
SEE ALSO:,
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
National American Woman Suffrage Association
League of Women Voters
Canadian Women's Suffrage Association
National Woman's Suffrage Association
Pregnant patients' rights
Legal rights of women in history
National Organization for Women
References;
^ Catagay, N., Grown, C. and Santiago, A. 1986. "The Nairobi Women's Conference: Toward a Global Feminism?" Feminist Studies, 12, 2:401–412
^ Sen, G., Grown, C. Development, crisis and alternative visions: Third World women’s perspectives. Monthly Review Press, N.Y. 1987
^ Fourth World Conference on Women. Beijing, China. September 1995. Action for Equality, Development and Peace
^ United Nations Convention on the Elimination of All Forms of Discrimination against Women: Introduction
^ a b Cook, Rebecca J.; Mahmoud F. Fathalla (September 1996). "Advancing Reproductive Rights Beyond Cairo and Beijing". 'International Family Planning Perspectives' 22 (3): 115-121. Retrieved on 2007-12-08.
^ Freedman, Lynn P.; Stephen L. Isaacs (Jan. - Feb. 1993). "Human Rights and Reproductive Choice"". 'Studies in Family Planning' 24 (1): 18-30. Retrieved on 2007-12-08. “The first comprehensive statement of human rights, the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, failed to mention reproductive rights at all. It was not until 20 years later, at the international human rights conference held in Teheran in 1968, that human reproduction became a subject tof international legal concern. The Final Act of the Teheran conference included a provision stating "Parents have a basic human right to decide freely and responsibly on the number and spacing of their children and a right to adequate education and information in this respect (United Nations, 1968)”
^ a b Amnesty International USA (2007). Stop Violence Against Women: Reproductive rights (HTML) (English). SVAW. Amnesty International USA. Retrieved on 2007-12-08. “Reproductive rights - access to sexual and reproductive healthcare and autonomy in sexual and reproductive decision-making - are human rights; they are universal, indivisible, and undeniable. These rights are founded upon principles of human dignity and equality, and have been enshrined in international human rights documents. Reproductive rights embrace core human rights, including the right to health, the right to be free from discrimination, the right to privacy, the right not to be subjected to torture or ill-treatment, the right to determine the number and spacing of one's children, and the right to be free from sexual violence.
"Reproductive rights include the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children, and the right to have the information and means to implement those decisions free from discrimination, coercion, and violence. Reproductive rights also include the right to the highest standards of sexual and reproductive healthcare.”
In general, discrimination is the discernment of qualities and rejection of people or things with undesirable qualities. This article focuses on discrimination amongst people—that is, the prejudicial treatment of different groups of people based on certain characteristics. Discrimination on grounds such as race or religion, is generally illegal in most Western democracies, while discriminating between people on the grounds of merit is usually lawful. The latter is more commonly referred to as "differentiating." When unlawful discrimination takes place, it is often described as discrimination against a person or group of people.
Gender discrimination
Gender discrimination is discrimination against a person or group on the grounds of sex or gender identity.
Socially, sexual differences have been used to justify societies in which one sex or the other has been restricted to significantly inferior and secondary roles. While there are non-physical differences between men and women, there is little agreement as to what those differences are.
Unfair discrimination usually follows the gender stereotyping held by a society.
The United Nations had concluded that women often experience a "glass ceiling" and that there are no societies in which women enjoy the same opportunities as men. The term "glass ceiling" describes the process by which women are barred from promotion by means of an invisible barrier. In the United States, the Glass Ceiling Commission has stated that between 95 and 97 percent of senior managers in the country's biggest corporations are men. [4]
Transgendered individuals, both male to female and female to male, often experience problems which often lead to dismissals, underachievement, difficulty in finding a job, social isolation, and, occasionally, violent attacks against them.
Sexism is commonly considered to be discrimination and/or hatred towards people based on their sex rather than their individual merits, but can also refer to any and all systemic differentiations based on the sex of the individuals.
Sexism can refer to subtly different beliefs or attitudes:
The belief that one gender or sex is inferior to or more valuable than the other;
Female or male chauvinism
The attitude of misogyny (hatred of females) or misandry (hatred of males); as well as
The attitude of imposing a limited and/or false notion of masculinity on males and a limited and/or false notion of femininity on females, or vice versa.
A feeling of distrust towards the opposite or same sex, most frequently operating at an unconscious level.
Title: Tanzania Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
TANZANIA
The United Republic of Tanzania amended its Constitution in 1992 to
become a multiparty state. In October and November, the Republic held
its first multiparty general elections for President and Parliament in
more than 30 years. The ruling party, Chama Cha Mapinduzi (CCM),
continued to control the Union Government, winning 186 of the 232 seats
in Parliament. The CCM presidential candidate, Benjamin Mkapa, won a
four-way race with 61.8 percent of the vote. The islands of Zanzibar
are integrated into the United Republic's governmental and party
structure, but the Zanzibar Government exercises considerable autonomy.
The CCM won closely contested elections for the Zanzibar President and
House of Representatives held in October. International observers noted
serious discrepancies during the vote-counting process, calling into
question the reelection of CCM incumbent Dr. Salmin Amour Juma as
Zanzibar's President.
The police have primary responsibility for maintaining law and order.
They are supported by a variety of citizens' anticrime groups and
patrols known as "Sungusungu." The police regularly committed human
rights abuses.
Agriculture provides 85 percent of employment. Cotton, coffee, sisal,
tea, and gemstones account for most export earnings. The industrial
sector is small. Economic reforms undertaken since 1986, including
liberalization of agricultural policy, the privatization of state-owned
enterprises, rescheduling of foreign debt payments, and freeing the
currency exchange rate, have helped stimulate economic growth; however,
poor fiscal management, and high inflation constrained economic
progress.
The multiparty presidential and parliamentary elections were an
important development in the human rights situation. Although the
ruling party retained significant advantages, new opposition parties
were competitive in many races. However, human rights problems
persisted, including police beatings and mistreatment of suspects which
sometimes resulted in death. Prison conditions remained harsh and life
threatening. Arbitrary arrest and prolonged detention continued, and
the inefficient and corrupt judicial system did not provide expeditious
and fair trials for many citizens. There were limitations on freedom of
the press, freedom of association, and worker rights. Mob justice
remained severe and widespread, as did discrimination and violence
against women. Some abuse of children continued. Following a March 31
change to the Government's longstanding policy of offering asylum, the
Government refused entry to or forcibly repatriated several hundred
Rwandan and Burundi refugees.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings. At the end of 1994, prison
officials in Bariadi were alleged to have beaten a prisoner to death
shortly before he was due to be released. The officials covered up the
death by telling the family that he had been transferred to another
prison and did not confirm the man's death for several months afterward.
No charges were filed in the case. In September six policemen in Mbeya
were detained following the death of a suspected criminal in their
custody. Credible observers estimate that police are responsible for
the deaths of as many as 10 prisoners per year. Most of these deaths
are the result of police beatings of persons in detention.
There were no developments in the January 1993 police killing of a
member of the opposition party Civic United Front (CUF) on the island of
Pemba. After a lengthy investigation, the policeman who fired the shots
was charged with murder without intent but remained free. CUF leaders
complained that the President and Attorney General of Zanzibar blocked
the prosecution of the police officer. At year's end the trial was
still pending.
Incidents of mob justice against suspected criminals continued to claim
dozens of lives. Throughout 1995 suspected thieves were stoned, beaten
to death, or doused with gasoline and set on fire. On a single day in
February, mobs in Dar es Salaam killed four suspected car thieves in two
separate incidents. In September a mob in Arusha burned a suspected
thief to death. Although police occasionally rescue suspects, there are
no reports of individuals being arrested or prosecuted for engaging in
mob justice. The widespread belief in witchcraft has led in some
instances to killing of alleged witches by their "victims," aggrieved
relatives, or mobs. Government authorities condemned these practices,
but took no active measures to prevent their occurence and rarely
prosecuted participants.
On September 13, one man was killed in a scuffle between CCM and
opposition National Convention for Construction and Reform-Maguezi
(NCCR-Mageuzi) supporters in Singida. The victim was claimed by both
parties to be a member, and no one was charged with the crime. In a
separate incident in Arumeru in September, a young NCCR supporter died
in a clash between CCM and NCCR youth gangs. No one was arrested or
charged. Harsh prison conditions led to the deaths of inmates (see
Section 1.c.).
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits the use of torture and inhuman or degrading
treatment, but the police regularly threatened, mistreated, and
occasionally beat suspected criminals during and after their
apprehension and interrogation. Although government officials usually
condemned these practices, the Government seldom prosecuted officials
for such abuses. The People's Militia Laws, as amended by Parliament in
1989, bestowed quasi-legal status on the traditional Sungusungu
neighborhood and village anticrime groups. In the past, these groups
had been criticized for using excessive force with criminal suspects.
Prison conditions remained harsh and life threatening. Government
officials acknowledged that prisons are overcrowded and living
conditions are poor. Prisons were designed to hold 21,000 prisoners,
but the prison population was estimated at 47,000. Serious diseases,
such as dysentery, malaria, and cholera, are common and result in
deaths. Convicted prisoners are not allowed to receive food from the
outside and are often moved to different prisons without notification to
their families. Pretrial detainees are held together with those serving
sentences but are allowed to receive food from the outside. There is no
outside monitoring of prison conditions.
d. Arbitrary Arrest, Detention, or Exile
The Criminal Procedures Code, amended in 1985, requires that a person
arrested for a crime, other than a national security charge under the
Preventive Detention Act, be charged before a magistrate within 24
hours. However, in practice, the police often fail to do so. The 1985
amendments also restricted the right to bail and imposed strict
conditions on freedom of movement and association when bail is granted.
Because of backlogs, an average case still takes 2 to 3 years or longer
to come to trial, during which time pretrial detainees remain
incarcerated under poor conditions. The code provides for a right to
defense counsel. The Chief Justice assigns lawyers to indigent
defendants charged with serious crimes such as murder, manslaughter, and
armed robbery. There are only a few hundred practicing lawyers in
Tanzania, and most indigent defendants charged with lesser crimes do not
have legal counsel.
Under the Preventive Detention Act, the President may order the arrest
and indefinite detention without bail of any person considered dangerous
to the public order or national security. This act was amended in 1985
to require the Government to release detainees within 15 days of
detention or inform them of the reason for their detention. The
detainee is also allowed to challenge the grounds for detention at 90-
day intervals. Despite a landmark ruling by the Court of Appeal in 1991
that the Preventive Detention Act could not be used to deny bail to
persons not considered dangerous to society, the Government has still
not introduced corrective legislation. The Preventive Detention Act was
not used in 1995. The Government has additional broad detention powers
under the Regions and Regional Commissioners Act and the Area
Commissioners Act of 1962. These acts permit regional and district
commissioners to arrest and detain for 48 hours persons who may "disturb
public tranquility."
Police continued to make arbitrary arrests, although less frequently
than in the past. For example, the police occasionally arrest relatives
of criminal suspects, holding them in custody without charge for as long
as several years in efforts to force the suspects to turn themselves in.
Those relatives who manage to get their cases before a judge are usually
set free, only to be immediately rearrested when they leave the
courtroom. The Government took no legal action to correct these abuses.
Police also detained CUF members when they attempted to campaign in
rural areas.
The editor and the publisher of two newspapers, Shaba and Rafiki, were
detained on three separate occasions during the year after publishing
letters critical of the Government. On one occasion, they were denied
food and sleep for 2 days and denied access to their lawyer for 5 days
(see Section 2.a.).
Six Angolans, who had been detained after refusing offers of asylum,
voluntarily returned to Angola in August.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
judiciary increasingly demonstrated its independence and willingness to
challenge the Government. For example, in March the High Court ruled
against the Attorney General and Ministry of Home Affairs in a high
profile commercial dispute between two brothers regarding the
misappropriation of funds. In the past senior police or government
officials pressured and sometimes reassigned judges who made unpopular
rulings; no such incidents occured in 1995.
However, the judicial bureaucracy is widely criticized as inefficient
and corrupt, bringing into question a defendant's ability to receive a
fair and expeditious trial in all cases.
There are reports of prisoners waiting several years for trial because
they could not pay bribes to police and court officials. The majority
of individuals held in the two major prisons in Dar es Salaam are
awaiting trial. Although the Government initiated efforts as early as
1991 to highlight judicial corruption, it has made little progress in
correcting the situation.
The legal system is based on the British model, with modifications to
accommodate customary and Islamic law in civil cases. Military courts
do not try civilians, and there are no security courts. Defendants in
civil and military courts may appeal decisions to the High Court and
Court of Appeal.
Zanzibar's court system generally parallels the mainland's legal system,
but retains Islamic courts to handle Muslim family cases such as
divorce, child custody, and inheritance. Cases concerning Zanzibar
constitutional issues are heard only in Zanzibar's courts. All other
cases may be appealed to the Court of Appeal of the United Republic of
Tanzania.
Criminal trials are open to the public and to the press; courts must
give reasons on the record for holding secret proceedings. Criminal
defendants have the right of appeal.
There were no reports of political prisoners. In November the
Government pardoned nine former military officers who were sentenced in
1985 to life imprisonment following their conviction for plotting the
overthrow of the Government in 1983.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State continued to interfere with these rights, which are generally
provided for in the Constitution. The CCM has historically penetrated
all levels of society through local cells, varying in size from single
family homes to large apartment buildings and containing from 10 to 200
persons. Unpaid party officials serve as 10-cell leaders with authority
to resolve problems at the grassroots level and to report to authorities
any suspicious behavior, event, or noncompliance with compulsory night
patrol service in the neighborhood. In 1993, elections were held for
new grassroots leaders to replace the CCM 10-cell leaders in nonparty
business. In fact, few voters participated in these elections which
were boycotted by the opposition, and the 10-cell leaders retained
nearly all of their power and influence.
CCM membership is voluntary and is estimated at 2 to 3 million card
holders. While in the past, CCM membership had been necessary for
advancement in political and other areas, the importance of such
membership is waning.
The Criminal Procedures Act of 1985 authorizes police officials
(including the civilian anticrime units) to issue search warrants;
however, the act also authorizes searches of persons and premises
without a warrant if necessary to prevent the loss or destruction of
evidence connected with an offense or if circumstances are serious and
urgent. In practice, warrants are rarely requested, and police and
other security services search private homes and business establishments
at will. The security services reportedly monitor telephones and
correspondence of some citizens and selected foreign residents.
Compulsory participation in local anticrime groups known as Sungusungu
continued in some areas and waned in others.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
Opposition political party members and others openly criticize the
Government and ruling party in public forums. However, the Government
on occasion attempted to pressure the media and journalists practice
self-censorship.
The press in Tanzania is, on the whole, lively and outspoken. There are
over 50 privately owned newspapers and periodicals some of which are
owned or influenced by political parties, both CCM and opposition. The
Government continued to pressure newspapers to kill or ameliorate
unfavorable stories throughout the year, and the media continued to
practice self-censorship because of fear of Government reprisals. There
is no official censorship.
In February the Government filed sedition charges against the editor and
two publishers of the private Swahili daily Majira for an article which
embarrassed the Government over the purchase of radar equipment. Legal
proceedings were continuing at the end of 1995, but Majira continued to
publish similar articles. On two separate occasions in May and July,
the editor and publisher of the biweekly Shaba were detained following
the publication of letters from unamed army and police officers
criticizing the Government. They were charged with violating the
Official Secrets Act. In November both men again were detained
following their publishing in the Rafiki newspaper letters criticizing
the Government's management of the elections. The Government
subsequently banned Rafiki; Shaba continues to publish, and the trial of
the editor and publisher is still pending (see Section 1.d.). At year's
end, a seditious libel case against another newspaper, the Express, had
not been brought to court and the Express continued to publish.
The Government sought to maintain some control over the private media by
establishing a code of conduct for journalists and a Media Council. Led
by the Tanzanian chapter of the Media Council for Southern Africa and
the newly formed Association of Journalists and Media Workers,
journalists forced the Government to agree to a voluntary code of ethics
and Media Council instead. At year's end full registration of this
Media Council was pending government approval.
Generally, the official media--radio, television, and press--largely
reflect official positions following guidance from the Ministry of
Information. Senior officials often write editorials. Government-
controlled Radio Tanzania, broadcasting in Swahili and English, reaches
the largest audience throughout most of the mainland. Private radio and
television stations broadcast in Dar es Salaam and in a few other urban
areas.
The private television station Dar es Salaam Television (DTV) was fined
and threatened with closure for reporting a CUF victory in the election
for President of Zanzibar (see Section 3) and an erroneous report of the
death of the Prime Minister. Staff members of DTV said that they
believe the fines were retribution for political reporting, and the
station has stopped reporting controversial news.
Opposition access to the government-owned radio station, which had been
limited to a single weekly program before the election campaign,
improved during the 2-month period before the elections, and political
news was reported in a more balanced manner. On September 19, the four
presidential candidates participated in an unprecedented public debate
on an equal footing. The debate, which was sponsored by a private
newspaper, was broadcast over government-owned radio and private
television. The CCM had considerable advantages over opposition
parties, in part because of its own daily Swahili-language newspaper
(see Section 3).
On Zanzibar, radio and television are controlled by the Government,
which also practices a restrictive policy with regard to print media.
Private mainland newspapers are widely available, and residents of
Zanzibar can receive mainland television. Government-owned radio and
television on Zanzibar was biased in favor of the CCM.
Academic freedom exists in theory and largely in practice, particularly
at the university level. Academics were increasingly outspoken in their
criticism of the Government and suggestions for reform.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the freedom of peaceful assembly and
association, and citizens generally enjoyed the right to discuss freely
political alternatives. However, the Constitution and other legal acts
limit these rights and stipulate that citizens cannot run for public
office unless they are members of a registered political party.
Political parties must give police 48 hours' advance notice of rallies.
Police have the authority to deny permission on public safety or
security grounds, or if the permit seeker belongs to an unregistered
organization or political party. Opposition parties were able in most
cases to hold rallies. Police were usually present and occasionally
ordered people to disperse for crowd control. Police used tear gas a
few times at opposition political rallies, although it was unclear
whether it was used to disrupt the rallies or in response to crowd
provocation. On Zanzibar the opposition CUF party was not allowed to
hold rallies throughout the islands until 2 months before the elections.
Following the elections, in which the ruling CCM party claimed victory,
local government officials prohibited any assembly of CUF supporters or
the use of CUF slogans.
In order to ensure public safety, regulations require nonpolitical
organizations seeking to stage a rally to have the permission of either
the District or Regional Commissioner.
The Registrar of Political Parties has sole authority to approve or deny
the registration of any political party and is responsible for enforcing
strict regulations on registered or provisionally registered parties.
The electoral law prohibits independent candidates; requires all
standing Members of Parliament to resign if they join another party;
requires all political parties to support the union with Zanzibar; and
forbids parties based on ethnic, regional, or religious affiliation.
Parties granted provisional registration may hold public meetings and
recruit members. They have 6 months to submit lists of at least 200
members in 10 of the country's 25 regions, including 2 regions in
Zanzibar, in order to secure full registration and to be eligible to
field candidates for election. Nonregistered parties are prohibited
from holding meetings, recruiting members, or fielding candidates.
The most prominent unregistered party was Reverend Christopher Mtikila's
Democratic Party, which advocates the dissolution of the union and the
expulsion of minorities from the mainland. In 1993 Mtikila was charged
with sedition, breach of the peace, and using abusive language against
the CCM and the Government following a rally; the charges were dropped
in November. Despite his political party's lack of government
recognition, Mtikila was able to publicize his views through his legally
registered church and through ongoing lawsuits against the Government.
Under the Societies Ordinance, the Ministry of Home Affairs must approve
any new association. Citizens formed several nongovernmental
organizations (NGO's) in the last few years to address the concerns of
families, the disabled, women, and children. A number of professional,
business, legal, and medical associations exist, but they have only
begun to address political topics. The Government continued to withhold
registration from a group called Defenders of Human Rights in Tanzania
(see Section 4). Opposition leaders complain that the Zanzibar
Government is even more restrictive in registering societies than the
union Government.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
generally respects this right in practice, subject to measures it claims
are necessary to ensure public order and safety. Missionaries are
allowed to enter the country freely to proselytize, and citizens are
allowed to go abroad for pilgrimages and other religious practices.
d. Freedom of Movement Within the Country, Foreign Travel,
Immigration, and Repatriation
Short-term domestic travel is not restricted, but citizens must follow
national employment directives stipulating the nature of employment and
location of the residence. The Human Resources Deployment Act of 1983
requires local governments to ensure that every resident within their
area of jurisdiction engages in productive and lawful employment. Those
not employed are subject to transfer to another area where employment is
available. These laws are also used as a pretext for police to solicit
bribes and intimidate urban residents. In December 1994, the Dar es
Salaam City Council rounded up 395 beggars and returned them to their
home areas. Many returned to Dar es Salaam within a few weeks.
Passports for foreign travel can be difficult to obtain, mostly due to
bureaucratic inefficiency; and authorities subject those planning to
travel or emigrate to close scrutiny. Citizens who leave the country
without permission are subject to prosecution upon their return.
Mainlanders are required to show identification to travel to Zanzibar,
and are not allowed to work or own land on the islands.
Tanzania had maintained a generous open border policy with regard to
refugees from neighboring countries who sought political asylum.
However, on March 31, the Government closed its border with Rwanda and
Burundi following the influx of more than 600,000 refugees from Rwanda
in 1994. New refugees continued to attempt to enter Tanzania, and
several hundred were forcibly returned to both Rwanda and Burundi.
Soldiers, deployed along the border to keep the refugees out, looted and
physically abused refugees they forced back across the border. On
August 17, soldiers entered the Kitali Hill refugee camp and rounded up
approximately 400 refugees from the camp's reception center and forced
149 of them across the border into Burundi.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
For the first time in more than 30 years, Tanzanians exercised their
right to change their government through national elections for
president and parliament which were held between October 29 and November
19. A multiparty political system had been in place since 1992. The
CCM retained control of the presidency and Parliament, winning 186 out
of 232 parliamentary seats and 61.8 percent of the presidential vote on
the mainland. The CCM retained huge advantages over opposition parties
in membership and access to resources including its own daily Swahili-
language newspaper (see Section 2.a.). The Government also employed
tactics to restrict or delay activities of opposition parties during the
campaign. Despite these problems, opposition candidates made credible
challenges in many districts and for president. Voting was completed
without violence or major disruption, although two people were killed in
incidents that may have been campaign related.
After widespread problems with the distribution of ballots on election
day, the Government nullified the elections in seven Dar es Salaam
constituencies and held new elections in these constituencies on
November 19. Opposition parties demanded that the elections be
nullified nationwide and boycotted the rerun elections in Dar Es Salaam.
Most international and local observers, while noting the problems with
the distribution of ballots, expressed overall satisfaction with the
conduct of the elections.
The Constitution of Zanzibar allows citizens the right to change
peacefully their government; however, observers raised serious doubts
about the accuracy of the outcome of the presidential election on
Zanzibar. This contest between CCM incumbent Dr. Salim Amour Juma and
Seif Sharif Hamad of the opposition CUF was particularly close and
contentious. CCM intimidated and harassed the opposition, and did not
allow opposition rallies until 2 months prior to elections. Government-
owned radio and television on Zanzibar were biased in favor of CCM (see
Section 2.a.). Also, voter registration was limited to individuals who
had maintained the same residence for 5 years, which disenfranchised
many voters. CUF members were also detained by police when they
attempted to campaign in rural areas.
On election day, voting was completed without significant problems.
However, after the election, observers were denied access to the
tabulation of votes from the polling stations. After 4 days, the
Zanzibar Electoral Commission (ZEC), appointed by the Amour government,
announced that Amour had defeated Hamad by 1,565 votes out of a total of
328,977. Totals tabulated by CUF showed a similarly narrow victory for
Hamad. After efforts by the international community to reconcile
discrepancies in the vote counting, observers concluded that the
official results may have been inaccurate. Although these discrepancies
were brought to the attention of Union President Mwinyi, he took no
action before Dr. Amour was inaugurated as President of Zanzibar for a
new 5-year term.
Following the announcement of the CCM victory, there were credible
reports that government security forces and CCM gangs harassed and
intimidated CUF members on both of the two main Zanzibar islands, Pemba
and Ugunja. Because CUF won all 20 Zanzibar seats in Pemba, Pembans
living on Ugunja were regarded as CUF supporters and as a result were
harassed. CUF members accused police of detaining dozens of its members
including several local leaders. Some CUF supporters on Ugunja felt
threatened and reportedly moved their families to Pemba or the mainland.
There are no restrictions in law on the participation of women in
politics and government. However, in practice few women are politically
active. Eight of 232 elected members of the Union Parliament are women.
An additional 37 women from both the CCM and opposition parties were
appointed to Parliament to seats reserved for women. Three of the
Cabinet's 23 ministers are women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Government has obstructed the formation of local human rights
groups. Persons seeking to register human rights NGO's, such as the
Defenders of Human Rights in Tanzania, complained that the Ministry of
Home Affairs continued to delay action on their application (see Section
2.b.).
Government officials have said that visits by international human rights
groups would be welcome, including those for the purposes of visiting
prisons.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination based on nationality, tribe,
origin, political affiliation, color, religion, or lifestyle.
Discrimination based on sex, age, or disability is not specifically
prohibited by law but is publicly discouraged in official statements.
Women
Violence against women remained widespread. Legal remedies exist, but
in practice are difficult to obtain. Traditional customs subordinating
women remained strong in both urban and rural areas, and often local
magistrates upheld such practices. It is accepted for a husband to
treat his wife as he wishes, and wife beating occurs at all levels of
society. Cultural, family, and social pressure prevent many women from
reporting abuses to authorities. Government officials frequently make
public statements decrying such abuses, but rarely take action against
perpetrators.
Although the Government advocates equal rights for women in the
workplace, it does not ensure these rights in practice. In the public
sector which employs 80 percent of the salaried labor force, certain
statutes restrict women's access to some jobs and hours of employment.
While progress on women's rights has been more noticeable in urban
areas, strong traditional norms still divide labor along gender lines
and place women in a subordinate position. Discrimination against women
is most acute in the countryside where women are relegated to farming
and raising children, with almost no opportunity for wage employment.
The overall situation for women is even less favorable in heavily Muslim
Zanzibar. Women there and in many parts of the mainland face
discriminatory restrictions on inheritance and ownership of property
because of concessions by the Government and courts to customary and
Islamic law. While provisions of the Marriage Act provide for certain
inheritance and property rights for women, application of customary,
Islamic, or statutory law depends on the lifestyle and stated intentions
of the male head of household. The courts have thus upheld
discriminatory inheritance claims, primarily in rural areas. Under
Zanzibari law, unmarried women under the age of 21 who become pregnant
are subject to 2 years' imprisonment.
Several NGO's provide counseling and education programs on women's
rights issues, particularly sexual harassment and molestation.
Children
Government funding of programs for children's welfare remained
minuscule. The Government made some constructive efforts to address
children's welfare, including working closely with churches and NGO's to
assess the well-being of orphans and neglected children.
Female genital mutilation (FGM) is widely condemned by international
health experts as damaging to both physical and psychological health.
Although the Government officially discourages FGM, it is still
performed at an early age in approximately 20 of the country's 130 main
ethnic groups. Government officials have called for changes in customs
which adversely affect women, but no legislation has been introduced
which would specifically restrict the practice of female circumcision.
However, some local government officials began to combat the practice.
On July 11, parents near Dodoma were fined by local government officials
after their daughters went to a local health center with excessive
bleeding following circumcision. Seminars sponsored by various
governmental and nongovernmental organizations are regularly held in an
attempt to educate the public on the dangers of these and other
traditional practices. Health authorities believe the practice is
declining, but other sources maintain it is on the rise, especially in
central Tanzania.
People with Disabilities
The Government does not mandate access to public buildings,
transportation, or government services for people with disabilities.
Although there is no official discrimination against the disabled, in
practice the physically disabled are effectively restricted in their
access to education, employment, and provision of other state services
due to physical barriers. The Government provides only limited funding
to special facilities and programs.
Religious Minorities
The Muslim community claims to be disadvantaged in terms of its
representation in the civil service and government and in state-owned
business, in part because both colonial and past post-independence
administrations refused to recognize the credentials of traditional
Muslim schools. As a result, there is widespread Muslim resentment of
the perceived advantages enjoyed by Christians. Christians, in turn,
have been critical of what they perceive as undue favoritism accorded to
Muslims in appointments, jobs, and scholarships by former President
Mwinyi, who is a Muslim. Some leaders in both camps appear to be
playing up religious tensions. In fact, there does not at present
appear to be any serious problem of discrimination due to religion in
access to employment or educational opportunities.
National/Racial/Ethnic Minorities
In the past, the Government discriminated against the Barabaig and other
nomadic people in northern Tanzania. These ethnic groups continued to
complain of government discrimination, because of efforts to make them
adopt a more modern lifestyle and to restrict their access to land that
was turned into large government wheat farms. In August and September,
an estimated 20 people were killed in Ngorongoro district in ethnic
clashes between Maasai and Sonjo tribesmen. The Government deployed
riot police to the area to quell the disturbances.
The Asian community has declined by 50 percent in the past decade to
about 50,000, a result of considerable antipathy by many African
Tanzanians. There are, however, no laws or official policies which
discriminate against them. As the Government places greater emphasis on
market oriented policies and privatization, public concern regarding the
Asian community's economic role has increased. This has led to demands
for policies of "indigenization" to ensure that privatization does not
increase the Asian community's economic predominance at the expense of
the country's African population.
Section 6 Worker Rights
a. The Right of Association
Both the Constitution and the 1955 Trade Union Ordinance refer to the
right of association of workers. Nevertheless, workers do not have the
right to form or join organizations of their own choice. The
Organization of Tanzania Trade Unions (OTTU) Act of 1991 addresses all
labor union issues, and the OTTU is effectively the only trade union
organization in Tanzania. In August the OTTU Congress adopted a new
constitution and renamed itself the Tanzania Federation of Trade Unions
(TFTU) which, pending government ratification, is to be made up of 11
independent trade unions. The new constitution provides for the
President to retain the power to disband TFTU unions, although union
leaders began efforts to delete the provision. The individual unions
will have the right to leave the TFTU and to collect their own dues, 5
percent of which will be contributed to the federation. The OTTU
leadership assumed the leadership positions of the TFTU. Only 1 of the
11 new independent unions, the Tanzanian Teachers Union, is presently
fully registered. The OTTU represented 60 percent of workers in
industry and government, but it had little influence on labor policy.
Overall, roughly 25 percent of Tanzania's 2 million wage earners are
organized. All workers, including those classified as "essential"
service workers, are permitted to join unions, but essential workers are
not permitted to strike.
There are no laws prohibiting retribution against legal strikers.
However, workers have the legal right to strike only after complicated
and protracted mediation and conciliation procedures leading ultimately
to the Industrial Court, which receives direction from the Minister of
Labor and Youth Development. If the OTTU is not satisfied with the
decision of the Industrial Court, it can then conduct a legal strike.
These procedures can prolong a dispute by months without resolving it.
Pending a resolution, frustrated workers have staged impromptu, illegal,
wildcat strikes and walkouts.
The OTTU limited its international affiliation to regional and pan
Africanist trade union organizations. The TFTU has joined the
International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively
Collective bargaining is protected by law but limited to the private
sector. Wages for employees of the Government and state-owned
organizations, which account of the bulk of the salaried labor force,
are administratively set by the Government.
Although the OTTU negotiated on behalf of most private sector employees
with the Association of Tanzanian Employers, collective agreements must
be submitted to the Industrial Court for approval. The International
Labor Organization (ILO) has observed that these provisions are not in
conformity with ILO Convention 98 on Collective Bargaining and the Right
to Organize. Tanzania's Security of Employment Act of 1964 prohibits
discriminatory activities by an employer against union members.
Employers found guilty of antiunion activities are legally required to
reinstate workers.
There are no export processing zones (EPZ's) on the mainland, but three
new EPZ's on Zanzibar. Work conditions in the EPZ's are comparable to
those in other Tanzanian work places. Labor law protections apply to
EPZ workers.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor. However, as in the past, the
ILO observed that provisions of various laws are incompatible with ILO
Conventions 29 and l05 on forced labor. Specifically, the Human
Resources Deployment Act of 1983 requires that every local government
authority ensure that able-bodied persons over 15 years of age not in
school engage in productive or other lawful employment. In some rural
areas, ordinary villagers are still obligated to work in the village
communal gardens or small construction projects such as repairing roads.
d. Minimum Age for Employment of Children
By law, children under the age of 12 years are prohibited from working
in the formal wage sector in both urban and rural areas. However, this
provision does not apply to children working on family farms or herding
domestic livestock.
Children between the ages of 12 and 15 can be employed for daily wage
and on a day-to-day basis, but must have parental permission and return
to the residence of their guardian at night.
The minimum age for entry into work of a contractual nature in approved
occupations is set at 15 years. The law prohibits a young person from
employment in any occupation which is injurious to health or which is
otherwise unsuitable. Young persons between the ages of 12 and 15 may
be employed in industrial work but only between the hours of 6 a.m. and
6 p.m., with some exceptions allowed. The Ministry of Labor and Youth
Development is responsible for enforcement. The effectiveness of
government enforcement has reportedly declined with increased
privatization. Approximately 3,000 to 5,000 children engage in seasonal
employment on sisal, tea, tobacco, and coffee plantations. Work on
sisal plantations is particularly hazardous and detrimental to children.
On one sisal plantation, children made up 30 percent of the work force;
only half of the children had completed primary school. They had a high
incidence of skin and respiratory problems, were not provided protective
clothing, and lacked adequate nourishment and lodging. Another 1,500 to
3,000 children work in unregulated gemstone mines. In the informal
sector, children assist their parents in unregulated piece work
manufacturing. In the last decade, the percentage of children enrolled
in primary school has dropped from over 80 percent to less than 60
percent.
e. Acceptable Conditions of Work
There is a legal minimum wage for employment in the formal sector. The
OTTU often negotiated higher minimum wages with individual employers,
depending on the financial status of the business. The legal minimum
wage is $30 (17,500 Tanzanian shillings) per month. Even when
supplemented with various benefits such as housing, transport
allowances, and food subsidies, the minimum rate may not always be
sufficient to provide an adequate living for a worker and family, and
workers must depend on the extended family or a second or third job.
Despite the minimum wage, many workers, especially in the informal
sector, are paid less.
There is no standard legal workweek. However, a 5-day, 40-hour workweek
is in effect for government workers. Most private employers retain a 6-
day, 44- to 48-hour workweek. In general, women may not be employed
between 10 p.m. and 6 a.m. Several laws regulate safety in the
workplace. An occupational health and safety factory inspection system,
set up with the assistance of the ILO, is now managed by the Ministry of
Labor and Youth Development. Its effectiveness, however, is minimal.
OTTU officials have claimed that enforcement of labor standards is
effective in the formal sector, but no verification studies have been
performed. Workers can take an employer to court through their OTTU
branch if their working conditions do not comply with the Ministry of
Labor's health and environmental standards. Workers making such
complaints have not lost their jobs as a result. Enforcement of labor
standards is nonexistent in the informal sector.
Amnesty International - Report 2002
U.S. Department of State Report on Human Rights Practices - 2001
The Tanzanian Government's human rights record was poor in 2001; while there were improvements in a few areas, there continued to be serious problems, particularly in Zanzibar. Citizens' right to change their government in Zanzibar was circumscribed severely by abuses of and limitations on civil liberties in 2000; however, the Government engaged in a dialog with the opposition in order to ensure a more open and transparent process for the next elections. On October 10, the Government and the CUF agreed to establish a joint commission to investigate reported abuses committed in January in Zanzibar. Police killed several persons, and members of the police regularly threatened, mistreated, or occasionally beat suspected criminals during and after their apprehension and interrogation. There were reports that police used torture in Zanzibar. Prison conditions throughout the country remained harsh and life threatening. Arbitrary arrest and detention and prolonged detention remained problems. Police harassment of members and supporters of the political opposition declined significantly following the October reconciliation agreement between the Government and the opposition. The inefficient and corrupt judicial system often did not provide expeditious and fair trials. Pervasive corruption continued to have a broad impact on human rights. The Government infringed on citizens' privacy rights and limited freedom of speech and of the press, and freedom of assembly and association. The Government declared that four government and party officials were noncitizens and therefore no longer could retain their positions. Police used excessive force to disperse demonstrations in Zanzibar and Dar es Salaam in January, which resulted in numerous deaths and injuries; more than 2,000 persons were displaced. In the western part of the country, there remained significant resentment and hostility directed against the refugee population; however, there was some improvement in relations due to government and donor outreach efforts with the local population. In previous years, the Government obstructed the formation of domestic human rights groups; however, there were no reports that this occurred during the year. The Government approved a bill to establish a Human Rights Commission; however, the Commission was not established until late in the year, and it did not hear any cases by year's end. The Government created the Tanzania Parliamentarians AIDS Coalition (TAPAC) during the year to address discrimination against persons infected with HIV/AIDS in the country. Violence and discrimination against women and female genital mutilation (FGM) remained serious problems. Women and girls in refugee camps suffered a high level of rape and abuse. Abuse of children and child prostitution were problems. The Government continued to infringe on workers' rights, and child labor persisted. The Government ratified International Labour Organization (ILO) Convention 182 on the worst forms of child labor during the year. Mob justice remained severe and widespread.
Source: U.S. Department of State
Magna Carta or "Great Charter" was one of the world's first documents containing commitments by a sovereign to his people to respect certain legal rights
“The Magna Carta" is an English charter originally issued in 1215. The Magna Carta influenced the development of the common law and many constitutional documents, such as the United States Constitution, especially its Bill of Rights, and is considered one of the most important legal documents in the history of democracy, being one of the most significant early influences on the extensive historical process that led to the rule of constitutional law today.
The Magna Carta was one of the first legal documents to limit the power of government in order to protect the rights of its citizens Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789). The Virginia Declaration of Rights of 1776 set up a number of fundamental rights and freedoms. The later United States Declaration of Independence includes concepts of natural rights and famously states "that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." Similarly, the French Declaration of the Rights of Man and Citizen defines a set of individual and collective rights of the people. These are, in the document, held to be universal - not only to French citizens but to all men without exception.
Philosophers such as Thomas Paine, John Stuart Mill and Hegel expanded on the theme of universality during the 18th and 19th centuries. In 1831 William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights" so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary, Henry David Thoreau, wrote about human rights in his treatise On the Duty of Civil Disobedience.which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis, in his 1867 opinion for Ex Parte Milligan, wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people".
Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. The women's rights movement succeeded in gaining for many women the right to vote. National liberation movements in many countries succeeded in driving out colonial powers. One of the most influential was Mahatma Gandhi's movement to free his native India from British rule. Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement, and more recent diverse identity politics movements, on behalf of women and minorities in the United States.
The foundation of the International Committee of the Red Cross, the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law, to be further developed following the two World Wars
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. ”
—Article 1 of the United Nations Universal Declaration of Human Rights (UDHR
If every possible human rights element is deemed to be essential or necessary, then nothing will be treated as though it is truly important. ”
—Philip Alston.
He, and others, urge caution with prioritisation of rights:
“ ...the call for prioritizing is not to suggest that any obvious violations of rights can be ignored. ”
—Philip Alston.
“ Priorities, where necessary, should adhere to core concepts (such as reasonable attempts at progressive realization) and principles (such as non-discrimination, equality and participation. ”
—Olivia Ball, Paul Gready.
At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant the League's role. This body was to be the United Nations. The United Nations has played an important role in international human rights law since its creation. Following the World Wars the United Nations and its members developed much of the discourse and the bodies of law which now make up international humanitarian law and international human rights law.
Some human rights are said to be "inalienable rights." The term inalienable rights (or unalienable rights) refers to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered."
The adherence to the principle of indivisibility by the international community was reaffirmed in 1995:
“ All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis
rtant.
International humanitarian lawThe Geneva Conventions came into being between 1864 and 1949 as a result of efforts by Henry Dunant, the founder of the International Committee of the Red Cross. The conventions safeguard the human rights of individuals involved in armed conflict, and build on the 1899 and 1907 Hague Conventions, the international community's first attempt to define laws of war. While first framed before World War I, the conventions were revised as a result of World War II and readopted by the international community in 1949.
The Geneva Conventions are:
First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, last revision in 1949)
Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X)
Third Geneva Convention "relative to the Treatment of Prisoners of War" (first adopted in 1929, last revision in 1949)
Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on parts of the 1907 Hague Convention IV)
In addition, there are three additional amendment protocols to the Geneva Convention:
Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries.
Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. As of 12 January 2007 it had been ratified by 163 countries.
Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had been ratified by 17 countries and signed but not yet ratified by an additional 68 countries.
All four conventions were last revised and ratified in 1949, based on previous revisions and partly on some of the 1907 Hague Conventions. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. Nearly all 200 countries of the world are "signatory" nations, in that they have ratified these conventions. The International Committee of the Red Cross is the controlling body of the Geneva conventions
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly[6] in 1948, partly in response to the barbarism of World War II. Although the UDHR is a non-binding resolution, it is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by national and other judiciaries.[7] The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and press upon them duties to their citizens following the model of the rights-duty duality.
“ ...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world ”
—Preamble to the Universal Declaration of Human Rights, 1948
Articles of the Universal Declaration of Human Rights
General Principles Article
1: Freedom, Egalitarianism, Dignity, and Brotherhood ·
Article 2: Universality of rights
Civil and Political Rights.
Treaty: International Covenant on Civil
and Political Rights Article
3: Right to life, liberty and security of person ·
Article 4: Freedom from slavery ·
Article 5: Freedom from torture and cruel, unusual punishment ·
Article 6: Right to personhood ·
Article 7: Equality before the law ·
Article 8: Right to effective remedy from the law ·
Article 9: Freedom from arbitrary arrest, detention, and exile ·
Article 10: Right to fair trial ·
Article 11.1: Presumption of innocence ·
Article 11.2: Prohibition of retrospective law · Article 12: Right to Privacy · Article 13 Freedom of movement ·
Article 14: Right of asylum ·
Article 15: Right to a nationality ·
Article 16: Right to marriage and family life ·
Article 17: Right to property ·
Article 18: Freedom of thought, conscience, and religion ·
Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association ·
Article 21.1: Right to participation in government ·
Article 21.2: Right of equal access to public office ·
Article 21.3: Right to universal suffrage
Social, Cultural and Economic Rights.
Treaty: International Covenant on Economic,
Social and Cultural Rights
Article 22: Right to social security ·
Article 23.1: Right to work ·
Article 23.2: Right to equal pay for equal work ·
Article 23.3: Right to just remuneration ·
Article 23.4: Right to join a trade union ·
Article 24: Right to rest & leisure ·
Article 25.1: Right to an adequate standard of living ·
Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education ·
Article 26.2: Human rights education ·
Article 26.3: Right to choice of education ·
Article 27.1: Right to participate in culture ·
Article 27.2: Right to intellectual property
Context, limitations and duties
Article 28: Social order ·
Article 29.1: Social responsibility ·
Article 29.2: Limitations of human rights ·
Article 29.3: The supremacy of the purposes and principles of the United Nations · Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Human rights instruments are legal documents of a country or society which grant or affirm the stated human rights to their citizens or subjects.
Women's rights:
The term women’s rights refers to the freedoms inherently possessed by women and girls of all ages, which may be institutionalized, ignored or suppressed by law, custom, and behavior in a particular society. [1] These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recognized for men and boys, and because activism surrounding this issue claims an inherent historical and traditional bias against the exercise of rights by women.
Some of the issues commonly associated with these notions include rights to:
bodily integrity and autonomy;
vote (universal suffrage);
hold public office;
work;
fair wages or equal pay;
own property and to enter into legal contracts;
education;
serve in the military; and
to have marital, parental and religious rights.[2]
Activists have campaigned, and in some places continue to campaign, for the same rights as modern men.
In 1946 the United Nations established a Commission on the Status of Women.[37][38] Originally as the Section on the Status of Women, Human Rights Division, Department of Social Affairs, and now part of the Economic and Social Council (ECOSOC). In 1948 the UN issued its Universal Declaration of Human Rights[39] which protects "the equal rights of men and women", and addressed both the equality and equity issues.
Since 1975 the UN has held a series of world conferences on women's issues, starting with the World Conference of the International Women's Year in Mexico City. These conferences created an international forum for women's rights, but also illustrated divisions between women of different cultures and the difficulties of attempting to apply principles universally[40] Emerging from the 1985 Nairobi conference was a realization that feminism is not monolithic but "constitutes the political expression of the concerns and interests of women from different regions, classes, nationalities, and ethnic backgrounds. There is and must be a diversity of feminisms, responsive to the different needs and concerns of women, and defined by them for themselves. This diversity builds on a common opposition to gender oppression and hierarchy which, however, is only the first step in articulating and acting upon a political agenda."[41] At the Fourth World Conference on Women in Beijing, The Platform for Action was signed. This included a commitment to achieve "gender equality and the empowerment of women".
Reproductive rights
Reproductive rights are rights relating to sexual reproduction and reproductive health.[44] The idea of these rights were first discussed as a subset of human rights at the United Nation's 1968 International Conference on Human Rights. The sixteenth article of the Proclamation of Teheran states, "Parents have a basic human right to determine freely and responsibly the number and the spacing of their children."[45] Since then, reproductive rights have been established as human rights in international human rights documents[46], particularly with the ratification of the Convention to End Discrimination Against Women (CEDAW), and the adoption of the the Cairo Programme and the Beijing Platform.[44] Reproductive rights are often held to include the right to control one's reproductive functions, the right to access quality reproductive healthcare, the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence.
SEE ALSO:,
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
National American Woman Suffrage Association
League of Women Voters
Canadian Women's Suffrage Association
National Woman's Suffrage Association
Pregnant patients' rights
Legal rights of women in history
National Organization for Women
References;
^ Catagay, N., Grown, C. and Santiago, A. 1986. "The Nairobi Women's Conference: Toward a Global Feminism?" Feminist Studies, 12, 2:401–412
^ Sen, G., Grown, C. Development, crisis and alternative visions: Third World women’s perspectives. Monthly Review Press, N.Y. 1987
^ Fourth World Conference on Women. Beijing, China. September 1995. Action for Equality, Development and Peace
^ United Nations Convention on the Elimination of All Forms of Discrimination against Women: Introduction
^ a b Cook, Rebecca J.; Mahmoud F. Fathalla (September 1996). "Advancing Reproductive Rights Beyond Cairo and Beijing". 'International Family Planning Perspectives' 22 (3): 115-121. Retrieved on 2007-12-08.
^ Freedman, Lynn P.; Stephen L. Isaacs (Jan. - Feb. 1993). "Human Rights and Reproductive Choice"". 'Studies in Family Planning' 24 (1): 18-30. Retrieved on 2007-12-08. “The first comprehensive statement of human rights, the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, failed to mention reproductive rights at all. It was not until 20 years later, at the international human rights conference held in Teheran in 1968, that human reproduction became a subject tof international legal concern. The Final Act of the Teheran conference included a provision stating "Parents have a basic human right to decide freely and responsibly on the number and spacing of their children and a right to adequate education and information in this respect (United Nations, 1968)”
^ a b Amnesty International USA (2007). Stop Violence Against Women: Reproductive rights (HTML) (English). SVAW. Amnesty International USA. Retrieved on 2007-12-08. “Reproductive rights - access to sexual and reproductive healthcare and autonomy in sexual and reproductive decision-making - are human rights; they are universal, indivisible, and undeniable. These rights are founded upon principles of human dignity and equality, and have been enshrined in international human rights documents. Reproductive rights embrace core human rights, including the right to health, the right to be free from discrimination, the right to privacy, the right not to be subjected to torture or ill-treatment, the right to determine the number and spacing of one's children, and the right to be free from sexual violence.
"Reproductive rights include the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children, and the right to have the information and means to implement those decisions free from discrimination, coercion, and violence. Reproductive rights also include the right to the highest standards of sexual and reproductive healthcare.”
In general, discrimination is the discernment of qualities and rejection of people or things with undesirable qualities. This article focuses on discrimination amongst people—that is, the prejudicial treatment of different groups of people based on certain characteristics. Discrimination on grounds such as race or religion, is generally illegal in most Western democracies, while discriminating between people on the grounds of merit is usually lawful. The latter is more commonly referred to as "differentiating." When unlawful discrimination takes place, it is often described as discrimination against a person or group of people.
Gender discrimination
Gender discrimination is discrimination against a person or group on the grounds of sex or gender identity.
Socially, sexual differences have been used to justify societies in which one sex or the other has been restricted to significantly inferior and secondary roles. While there are non-physical differences between men and women, there is little agreement as to what those differences are.
Unfair discrimination usually follows the gender stereotyping held by a society.
The United Nations had concluded that women often experience a "glass ceiling" and that there are no societies in which women enjoy the same opportunities as men. The term "glass ceiling" describes the process by which women are barred from promotion by means of an invisible barrier. In the United States, the Glass Ceiling Commission has stated that between 95 and 97 percent of senior managers in the country's biggest corporations are men. [4]
Transgendered individuals, both male to female and female to male, often experience problems which often lead to dismissals, underachievement, difficulty in finding a job, social isolation, and, occasionally, violent attacks against them.
Sexism is commonly considered to be discrimination and/or hatred towards people based on their sex rather than their individual merits, but can also refer to any and all systemic differentiations based on the sex of the individuals.
Sexism can refer to subtly different beliefs or attitudes:
The belief that one gender or sex is inferior to or more valuable than the other;
Female or male chauvinism
The attitude of misogyny (hatred of females) or misandry (hatred of males); as well as
The attitude of imposing a limited and/or false notion of masculinity on males and a limited and/or false notion of femininity on females, or vice versa.
A feeling of distrust towards the opposite or same sex, most frequently operating at an unconscious level.
Title: Tanzania Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
TANZANIA
The United Republic of Tanzania amended its Constitution in 1992 to
become a multiparty state. In October and November, the Republic held
its first multiparty general elections for President and Parliament in
more than 30 years. The ruling party, Chama Cha Mapinduzi (CCM),
continued to control the Union Government, winning 186 of the 232 seats
in Parliament. The CCM presidential candidate, Benjamin Mkapa, won a
four-way race with 61.8 percent of the vote. The islands of Zanzibar
are integrated into the United Republic's governmental and party
structure, but the Zanzibar Government exercises considerable autonomy.
The CCM won closely contested elections for the Zanzibar President and
House of Representatives held in October. International observers noted
serious discrepancies during the vote-counting process, calling into
question the reelection of CCM incumbent Dr. Salmin Amour Juma as
Zanzibar's President.
The police have primary responsibility for maintaining law and order.
They are supported by a variety of citizens' anticrime groups and
patrols known as "Sungusungu." The police regularly committed human
rights abuses.
Agriculture provides 85 percent of employment. Cotton, coffee, sisal,
tea, and gemstones account for most export earnings. The industrial
sector is small. Economic reforms undertaken since 1986, including
liberalization of agricultural policy, the privatization of state-owned
enterprises, rescheduling of foreign debt payments, and freeing the
currency exchange rate, have helped stimulate economic growth; however,
poor fiscal management, and high inflation constrained economic
progress.
The multiparty presidential and parliamentary elections were an
important development in the human rights situation. Although the
ruling party retained significant advantages, new opposition parties
were competitive in many races. However, human rights problems
persisted, including police beatings and mistreatment of suspects which
sometimes resulted in death. Prison conditions remained harsh and life
threatening. Arbitrary arrest and prolonged detention continued, and
the inefficient and corrupt judicial system did not provide expeditious
and fair trials for many citizens. There were limitations on freedom of
the press, freedom of association, and worker rights. Mob justice
remained severe and widespread, as did discrimination and violence
against women. Some abuse of children continued. Following a March 31
change to the Government's longstanding policy of offering asylum, the
Government refused entry to or forcibly repatriated several hundred
Rwandan and Burundi refugees.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings. At the end of 1994, prison
officials in Bariadi were alleged to have beaten a prisoner to death
shortly before he was due to be released. The officials covered up the
death by telling the family that he had been transferred to another
prison and did not confirm the man's death for several months afterward.
No charges were filed in the case. In September six policemen in Mbeya
were detained following the death of a suspected criminal in their
custody. Credible observers estimate that police are responsible for
the deaths of as many as 10 prisoners per year. Most of these deaths
are the result of police beatings of persons in detention.
There were no developments in the January 1993 police killing of a
member of the opposition party Civic United Front (CUF) on the island of
Pemba. After a lengthy investigation, the policeman who fired the shots
was charged with murder without intent but remained free. CUF leaders
complained that the President and Attorney General of Zanzibar blocked
the prosecution of the police officer. At year's end the trial was
still pending.
Incidents of mob justice against suspected criminals continued to claim
dozens of lives. Throughout 1995 suspected thieves were stoned, beaten
to death, or doused with gasoline and set on fire. On a single day in
February, mobs in Dar es Salaam killed four suspected car thieves in two
separate incidents. In September a mob in Arusha burned a suspected
thief to death. Although police occasionally rescue suspects, there are
no reports of individuals being arrested or prosecuted for engaging in
mob justice. The widespread belief in witchcraft has led in some
instances to killing of alleged witches by their "victims," aggrieved
relatives, or mobs. Government authorities condemned these practices,
but took no active measures to prevent their occurence and rarely
prosecuted participants.
On September 13, one man was killed in a scuffle between CCM and
opposition National Convention for Construction and Reform-Maguezi
(NCCR-Mageuzi) supporters in Singida. The victim was claimed by both
parties to be a member, and no one was charged with the crime. In a
separate incident in Arumeru in September, a young NCCR supporter died
in a clash between CCM and NCCR youth gangs. No one was arrested or
charged. Harsh prison conditions led to the deaths of inmates (see
Section 1.c.).
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits the use of torture and inhuman or degrading
treatment, but the police regularly threatened, mistreated, and
occasionally beat suspected criminals during and after their
apprehension and interrogation. Although government officials usually
condemned these practices, the Government seldom prosecuted officials
for such abuses. The People's Militia Laws, as amended by Parliament in
1989, bestowed quasi-legal status on the traditional Sungusungu
neighborhood and village anticrime groups. In the past, these groups
had been criticized for using excessive force with criminal suspects.
Prison conditions remained harsh and life threatening. Government
officials acknowledged that prisons are overcrowded and living
conditions are poor. Prisons were designed to hold 21,000 prisoners,
but the prison population was estimated at 47,000. Serious diseases,
such as dysentery, malaria, and cholera, are common and result in
deaths. Convicted prisoners are not allowed to receive food from the
outside and are often moved to different prisons without notification to
their families. Pretrial detainees are held together with those serving
sentences but are allowed to receive food from the outside. There is no
outside monitoring of prison conditions.
d. Arbitrary Arrest, Detention, or Exile
The Criminal Procedures Code, amended in 1985, requires that a person
arrested for a crime, other than a national security charge under the
Preventive Detention Act, be charged before a magistrate within 24
hours. However, in practice, the police often fail to do so. The 1985
amendments also restricted the right to bail and imposed strict
conditions on freedom of movement and association when bail is granted.
Because of backlogs, an average case still takes 2 to 3 years or longer
to come to trial, during which time pretrial detainees remain
incarcerated under poor conditions. The code provides for a right to
defense counsel. The Chief Justice assigns lawyers to indigent
defendants charged with serious crimes such as murder, manslaughter, and
armed robbery. There are only a few hundred practicing lawyers in
Tanzania, and most indigent defendants charged with lesser crimes do not
have legal counsel.
Under the Preventive Detention Act, the President may order the arrest
and indefinite detention without bail of any person considered dangerous
to the public order or national security. This act was amended in 1985
to require the Government to release detainees within 15 days of
detention or inform them of the reason for their detention. The
detainee is also allowed to challenge the grounds for detention at 90-
day intervals. Despite a landmark ruling by the Court of Appeal in 1991
that the Preventive Detention Act could not be used to deny bail to
persons not considered dangerous to society, the Government has still
not introduced corrective legislation. The Preventive Detention Act was
not used in 1995. The Government has additional broad detention powers
under the Regions and Regional Commissioners Act and the Area
Commissioners Act of 1962. These acts permit regional and district
commissioners to arrest and detain for 48 hours persons who may "disturb
public tranquility."
Police continued to make arbitrary arrests, although less frequently
than in the past. For example, the police occasionally arrest relatives
of criminal suspects, holding them in custody without charge for as long
as several years in efforts to force the suspects to turn themselves in.
Those relatives who manage to get their cases before a judge are usually
set free, only to be immediately rearrested when they leave the
courtroom. The Government took no legal action to correct these abuses.
Police also detained CUF members when they attempted to campaign in
rural areas.
The editor and the publisher of two newspapers, Shaba and Rafiki, were
detained on three separate occasions during the year after publishing
letters critical of the Government. On one occasion, they were denied
food and sleep for 2 days and denied access to their lawyer for 5 days
(see Section 2.a.).
Six Angolans, who had been detained after refusing offers of asylum,
voluntarily returned to Angola in August.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
judiciary increasingly demonstrated its independence and willingness to
challenge the Government. For example, in March the High Court ruled
against the Attorney General and Ministry of Home Affairs in a high
profile commercial dispute between two brothers regarding the
misappropriation of funds. In the past senior police or government
officials pressured and sometimes reassigned judges who made unpopular
rulings; no such incidents occured in 1995.
However, the judicial bureaucracy is widely criticized as inefficient
and corrupt, bringing into question a defendant's ability to receive a
fair and expeditious trial in all cases.
There are reports of prisoners waiting several years for trial because
they could not pay bribes to police and court officials. The majority
of individuals held in the two major prisons in Dar es Salaam are
awaiting trial. Although the Government initiated efforts as early as
1991 to highlight judicial corruption, it has made little progress in
correcting the situation.
The legal system is based on the British model, with modifications to
accommodate customary and Islamic law in civil cases. Military courts
do not try civilians, and there are no security courts. Defendants in
civil and military courts may appeal decisions to the High Court and
Court of Appeal.
Zanzibar's court system generally parallels the mainland's legal system,
but retains Islamic courts to handle Muslim family cases such as
divorce, child custody, and inheritance. Cases concerning Zanzibar
constitutional issues are heard only in Zanzibar's courts. All other
cases may be appealed to the Court of Appeal of the United Republic of
Tanzania.
Criminal trials are open to the public and to the press; courts must
give reasons on the record for holding secret proceedings. Criminal
defendants have the right of appeal.
There were no reports of political prisoners. In November the
Government pardoned nine former military officers who were sentenced in
1985 to life imprisonment following their conviction for plotting the
overthrow of the Government in 1983.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State continued to interfere with these rights, which are generally
provided for in the Constitution. The CCM has historically penetrated
all levels of society through local cells, varying in size from single
family homes to large apartment buildings and containing from 10 to 200
persons. Unpaid party officials serve as 10-cell leaders with authority
to resolve problems at the grassroots level and to report to authorities
any suspicious behavior, event, or noncompliance with compulsory night
patrol service in the neighborhood. In 1993, elections were held for
new grassroots leaders to replace the CCM 10-cell leaders in nonparty
business. In fact, few voters participated in these elections which
were boycotted by the opposition, and the 10-cell leaders retained
nearly all of their power and influence.
CCM membership is voluntary and is estimated at 2 to 3 million card
holders. While in the past, CCM membership had been necessary for
advancement in political and other areas, the importance of such
membership is waning.
The Criminal Procedures Act of 1985 authorizes police officials
(including the civilian anticrime units) to issue search warrants;
however, the act also authorizes searches of persons and premises
without a warrant if necessary to prevent the loss or destruction of
evidence connected with an offense or if circumstances are serious and
urgent. In practice, warrants are rarely requested, and police and
other security services search private homes and business establishments
at will. The security services reportedly monitor telephones and
correspondence of some citizens and selected foreign residents.
Compulsory participation in local anticrime groups known as Sungusungu
continued in some areas and waned in others.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
Opposition political party members and others openly criticize the
Government and ruling party in public forums. However, the Government
on occasion attempted to pressure the media and journalists practice
self-censorship.
The press in Tanzania is, on the whole, lively and outspoken. There are
over 50 privately owned newspapers and periodicals some of which are
owned or influenced by political parties, both CCM and opposition. The
Government continued to pressure newspapers to kill or ameliorate
unfavorable stories throughout the year, and the media continued to
practice self-censorship because of fear of Government reprisals. There
is no official censorship.
In February the Government filed sedition charges against the editor and
two publishers of the private Swahili daily Majira for an article which
embarrassed the Government over the purchase of radar equipment. Legal
proceedings were continuing at the end of 1995, but Majira continued to
publish similar articles. On two separate occasions in May and July,
the editor and publisher of the biweekly Shaba were detained following
the publication of letters from unamed army and police officers
criticizing the Government. They were charged with violating the
Official Secrets Act. In November both men again were detained
following their publishing in the Rafiki newspaper letters criticizing
the Government's management of the elections. The Government
subsequently banned Rafiki; Shaba continues to publish, and the trial of
the editor and publisher is still pending (see Section 1.d.). At year's
end, a seditious libel case against another newspaper, the Express, had
not been brought to court and the Express continued to publish.
The Government sought to maintain some control over the private media by
establishing a code of conduct for journalists and a Media Council. Led
by the Tanzanian chapter of the Media Council for Southern Africa and
the newly formed Association of Journalists and Media Workers,
journalists forced the Government to agree to a voluntary code of ethics
and Media Council instead. At year's end full registration of this
Media Council was pending government approval.
Generally, the official media--radio, television, and press--largely
reflect official positions following guidance from the Ministry of
Information. Senior officials often write editorials. Government-
controlled Radio Tanzania, broadcasting in Swahili and English, reaches
the largest audience throughout most of the mainland. Private radio and
television stations broadcast in Dar es Salaam and in a few other urban
areas.
The private television station Dar es Salaam Television (DTV) was fined
and threatened with closure for reporting a CUF victory in the election
for President of Zanzibar (see Section 3) and an erroneous report of the
death of the Prime Minister. Staff members of DTV said that they
believe the fines were retribution for political reporting, and the
station has stopped reporting controversial news.
Opposition access to the government-owned radio station, which had been
limited to a single weekly program before the election campaign,
improved during the 2-month period before the elections, and political
news was reported in a more balanced manner. On September 19, the four
presidential candidates participated in an unprecedented public debate
on an equal footing. The debate, which was sponsored by a private
newspaper, was broadcast over government-owned radio and private
television. The CCM had considerable advantages over opposition
parties, in part because of its own daily Swahili-language newspaper
(see Section 3).
On Zanzibar, radio and television are controlled by the Government,
which also practices a restrictive policy with regard to print media.
Private mainland newspapers are widely available, and residents of
Zanzibar can receive mainland television. Government-owned radio and
television on Zanzibar was biased in favor of the CCM.
Academic freedom exists in theory and largely in practice, particularly
at the university level. Academics were increasingly outspoken in their
criticism of the Government and suggestions for reform.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the freedom of peaceful assembly and
association, and citizens generally enjoyed the right to discuss freely
political alternatives. However, the Constitution and other legal acts
limit these rights and stipulate that citizens cannot run for public
office unless they are members of a registered political party.
Political parties must give police 48 hours' advance notice of rallies.
Police have the authority to deny permission on public safety or
security grounds, or if the permit seeker belongs to an unregistered
organization or political party. Opposition parties were able in most
cases to hold rallies. Police were usually present and occasionally
ordered people to disperse for crowd control. Police used tear gas a
few times at opposition political rallies, although it was unclear
whether it was used to disrupt the rallies or in response to crowd
provocation. On Zanzibar the opposition CUF party was not allowed to
hold rallies throughout the islands until 2 months before the elections.
Following the elections, in which the ruling CCM party claimed victory,
local government officials prohibited any assembly of CUF supporters or
the use of CUF slogans.
In order to ensure public safety, regulations require nonpolitical
organizations seeking to stage a rally to have the permission of either
the District or Regional Commissioner.
The Registrar of Political Parties has sole authority to approve or deny
the registration of any political party and is responsible for enforcing
strict regulations on registered or provisionally registered parties.
The electoral law prohibits independent candidates; requires all
standing Members of Parliament to resign if they join another party;
requires all political parties to support the union with Zanzibar; and
forbids parties based on ethnic, regional, or religious affiliation.
Parties granted provisional registration may hold public meetings and
recruit members. They have 6 months to submit lists of at least 200
members in 10 of the country's 25 regions, including 2 regions in
Zanzibar, in order to secure full registration and to be eligible to
field candidates for election. Nonregistered parties are prohibited
from holding meetings, recruiting members, or fielding candidates.
The most prominent unregistered party was Reverend Christopher Mtikila's
Democratic Party, which advocates the dissolution of the union and the
expulsion of minorities from the mainland. In 1993 Mtikila was charged
with sedition, breach of the peace, and using abusive language against
the CCM and the Government following a rally; the charges were dropped
in November. Despite his political party's lack of government
recognition, Mtikila was able to publicize his views through his legally
registered church and through ongoing lawsuits against the Government.
Under the Societies Ordinance, the Ministry of Home Affairs must approve
any new association. Citizens formed several nongovernmental
organizations (NGO's) in the last few years to address the concerns of
families, the disabled, women, and children. A number of professional,
business, legal, and medical associations exist, but they have only
begun to address political topics. The Government continued to withhold
registration from a group called Defenders of Human Rights in Tanzania
(see Section 4). Opposition leaders complain that the Zanzibar
Government is even more restrictive in registering societies than the
union Government.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
generally respects this right in practice, subject to measures it claims
are necessary to ensure public order and safety. Missionaries are
allowed to enter the country freely to proselytize, and citizens are
allowed to go abroad for pilgrimages and other religious practices.
d. Freedom of Movement Within the Country, Foreign Travel,
Immigration, and Repatriation
Short-term domestic travel is not restricted, but citizens must follow
national employment directives stipulating the nature of employment and
location of the residence. The Human Resources Deployment Act of 1983
requires local governments to ensure that every resident within their
area of jurisdiction engages in productive and lawful employment. Those
not employed are subject to transfer to another area where employment is
available. These laws are also used as a pretext for police to solicit
bribes and intimidate urban residents. In December 1994, the Dar es
Salaam City Council rounded up 395 beggars and returned them to their
home areas. Many returned to Dar es Salaam within a few weeks.
Passports for foreign travel can be difficult to obtain, mostly due to
bureaucratic inefficiency; and authorities subject those planning to
travel or emigrate to close scrutiny. Citizens who leave the country
without permission are subject to prosecution upon their return.
Mainlanders are required to show identification to travel to Zanzibar,
and are not allowed to work or own land on the islands.
Tanzania had maintained a generous open border policy with regard to
refugees from neighboring countries who sought political asylum.
However, on March 31, the Government closed its border with Rwanda and
Burundi following the influx of more than 600,000 refugees from Rwanda
in 1994. New refugees continued to attempt to enter Tanzania, and
several hundred were forcibly returned to both Rwanda and Burundi.
Soldiers, deployed along the border to keep the refugees out, looted and
physically abused refugees they forced back across the border. On
August 17, soldiers entered the Kitali Hill refugee camp and rounded up
approximately 400 refugees from the camp's reception center and forced
149 of them across the border into Burundi.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
For the first time in more than 30 years, Tanzanians exercised their
right to change their government through national elections for
president and parliament which were held between October 29 and November
19. A multiparty political system had been in place since 1992. The
CCM retained control of the presidency and Parliament, winning 186 out
of 232 parliamentary seats and 61.8 percent of the presidential vote on
the mainland. The CCM retained huge advantages over opposition parties
in membership and access to resources including its own daily Swahili-
language newspaper (see Section 2.a.). The Government also employed
tactics to restrict or delay activities of opposition parties during the
campaign. Despite these problems, opposition candidates made credible
challenges in many districts and for president. Voting was completed
without violence or major disruption, although two people were killed in
incidents that may have been campaign related.
After widespread problems with the distribution of ballots on election
day, the Government nullified the elections in seven Dar es Salaam
constituencies and held new elections in these constituencies on
November 19. Opposition parties demanded that the elections be
nullified nationwide and boycotted the rerun elections in Dar Es Salaam.
Most international and local observers, while noting the problems with
the distribution of ballots, expressed overall satisfaction with the
conduct of the elections.
The Constitution of Zanzibar allows citizens the right to change
peacefully their government; however, observers raised serious doubts
about the accuracy of the outcome of the presidential election on
Zanzibar. This contest between CCM incumbent Dr. Salim Amour Juma and
Seif Sharif Hamad of the opposition CUF was particularly close and
contentious. CCM intimidated and harassed the opposition, and did not
allow opposition rallies until 2 months prior to elections. Government-
owned radio and television on Zanzibar were biased in favor of CCM (see
Section 2.a.). Also, voter registration was limited to individuals who
had maintained the same residence for 5 years, which disenfranchised
many voters. CUF members were also detained by police when they
attempted to campaign in rural areas.
On election day, voting was completed without significant problems.
However, after the election, observers were denied access to the
tabulation of votes from the polling stations. After 4 days, the
Zanzibar Electoral Commission (ZEC), appointed by the Amour government,
announced that Amour had defeated Hamad by 1,565 votes out of a total of
328,977. Totals tabulated by CUF showed a similarly narrow victory for
Hamad. After efforts by the international community to reconcile
discrepancies in the vote counting, observers concluded that the
official results may have been inaccurate. Although these discrepancies
were brought to the attention of Union President Mwinyi, he took no
action before Dr. Amour was inaugurated as President of Zanzibar for a
new 5-year term.
Following the announcement of the CCM victory, there were credible
reports that government security forces and CCM gangs harassed and
intimidated CUF members on both of the two main Zanzibar islands, Pemba
and Ugunja. Because CUF won all 20 Zanzibar seats in Pemba, Pembans
living on Ugunja were regarded as CUF supporters and as a result were
harassed. CUF members accused police of detaining dozens of its members
including several local leaders. Some CUF supporters on Ugunja felt
threatened and reportedly moved their families to Pemba or the mainland.
There are no restrictions in law on the participation of women in
politics and government. However, in practice few women are politically
active. Eight of 232 elected members of the Union Parliament are women.
An additional 37 women from both the CCM and opposition parties were
appointed to Parliament to seats reserved for women. Three of the
Cabinet's 23 ministers are women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Government has obstructed the formation of local human rights
groups. Persons seeking to register human rights NGO's, such as the
Defenders of Human Rights in Tanzania, complained that the Ministry of
Home Affairs continued to delay action on their application (see Section
2.b.).
Government officials have said that visits by international human rights
groups would be welcome, including those for the purposes of visiting
prisons.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination based on nationality, tribe,
origin, political affiliation, color, religion, or lifestyle.
Discrimination based on sex, age, or disability is not specifically
prohibited by law but is publicly discouraged in official statements.
Women
Violence against women remained widespread. Legal remedies exist, but
in practice are difficult to obtain. Traditional customs subordinating
women remained strong in both urban and rural areas, and often local
magistrates upheld such practices. It is accepted for a husband to
treat his wife as he wishes, and wife beating occurs at all levels of
society. Cultural, family, and social pressure prevent many women from
reporting abuses to authorities. Government officials frequently make
public statements decrying such abuses, but rarely take action against
perpetrators.
Although the Government advocates equal rights for women in the
workplace, it does not ensure these rights in practice. In the public
sector which employs 80 percent of the salaried labor force, certain
statutes restrict women's access to some jobs and hours of employment.
While progress on women's rights has been more noticeable in urban
areas, strong traditional norms still divide labor along gender lines
and place women in a subordinate position. Discrimination against women
is most acute in the countryside where women are relegated to farming
and raising children, with almost no opportunity for wage employment.
The overall situation for women is even less favorable in heavily Muslim
Zanzibar. Women there and in many parts of the mainland face
discriminatory restrictions on inheritance and ownership of property
because of concessions by the Government and courts to customary and
Islamic law. While provisions of the Marriage Act provide for certain
inheritance and property rights for women, application of customary,
Islamic, or statutory law depends on the lifestyle and stated intentions
of the male head of household. The courts have thus upheld
discriminatory inheritance claims, primarily in rural areas. Under
Zanzibari law, unmarried women under the age of 21 who become pregnant
are subject to 2 years' imprisonment.
Several NGO's provide counseling and education programs on women's
rights issues, particularly sexual harassment and molestation.
Children
Government funding of programs for children's welfare remained
minuscule. The Government made some constructive efforts to address
children's welfare, including working closely with churches and NGO's to
assess the well-being of orphans and neglected children.
Female genital mutilation (FGM) is widely condemned by international
health experts as damaging to both physical and psychological health.
Although the Government officially discourages FGM, it is still
performed at an early age in approximately 20 of the country's 130 main
ethnic groups. Government officials have called for changes in customs
which adversely affect women, but no legislation has been introduced
which would specifically restrict the practice of female circumcision.
However, some local government officials began to combat the practice.
On July 11, parents near Dodoma were fined by local government officials
after their daughters went to a local health center with excessive
bleeding following circumcision. Seminars sponsored by various
governmental and nongovernmental organizations are regularly held in an
attempt to educate the public on the dangers of these and other
traditional practices. Health authorities believe the practice is
declining, but other sources maintain it is on the rise, especially in
central Tanzania.
People with Disabilities
The Government does not mandate access to public buildings,
transportation, or government services for people with disabilities.
Although there is no official discrimination against the disabled, in
practice the physically disabled are effectively restricted in their
access to education, employment, and provision of other state services
due to physical barriers. The Government provides only limited funding
to special facilities and programs.
Religious Minorities
The Muslim community claims to be disadvantaged in terms of its
representation in the civil service and government and in state-owned
business, in part because both colonial and past post-independence
administrations refused to recognize the credentials of traditional
Muslim schools. As a result, there is widespread Muslim resentment of
the perceived advantages enjoyed by Christians. Christians, in turn,
have been critical of what they perceive as undue favoritism accorded to
Muslims in appointments, jobs, and scholarships by former President
Mwinyi, who is a Muslim. Some leaders in both camps appear to be
playing up religious tensions. In fact, there does not at present
appear to be any serious problem of discrimination due to religion in
access to employment or educational opportunities.
National/Racial/Ethnic Minorities
In the past, the Government discriminated against the Barabaig and other
nomadic people in northern Tanzania. These ethnic groups continued to
complain of government discrimination, because of efforts to make them
adopt a more modern lifestyle and to restrict their access to land that
was turned into large government wheat farms. In August and September,
an estimated 20 people were killed in Ngorongoro district in ethnic
clashes between Maasai and Sonjo tribesmen. The Government deployed
riot police to the area to quell the disturbances.
The Asian community has declined by 50 percent in the past decade to
about 50,000, a result of considerable antipathy by many African
Tanzanians. There are, however, no laws or official policies which
discriminate against them. As the Government places greater emphasis on
market oriented policies and privatization, public concern regarding the
Asian community's economic role has increased. This has led to demands
for policies of "indigenization" to ensure that privatization does not
increase the Asian community's economic predominance at the expense of
the country's African population.
Section 6 Worker Rights
a. The Right of Association
Both the Constitution and the 1955 Trade Union Ordinance refer to the
right of association of workers. Nevertheless, workers do not have the
right to form or join organizations of their own choice. The
Organization of Tanzania Trade Unions (OTTU) Act of 1991 addresses all
labor union issues, and the OTTU is effectively the only trade union
organization in Tanzania. In August the OTTU Congress adopted a new
constitution and renamed itself the Tanzania Federation of Trade Unions
(TFTU) which, pending government ratification, is to be made up of 11
independent trade unions. The new constitution provides for the
President to retain the power to disband TFTU unions, although union
leaders began efforts to delete the provision. The individual unions
will have the right to leave the TFTU and to collect their own dues, 5
percent of which will be contributed to the federation. The OTTU
leadership assumed the leadership positions of the TFTU. Only 1 of the
11 new independent unions, the Tanzanian Teachers Union, is presently
fully registered. The OTTU represented 60 percent of workers in
industry and government, but it had little influence on labor policy.
Overall, roughly 25 percent of Tanzania's 2 million wage earners are
organized. All workers, including those classified as "essential"
service workers, are permitted to join unions, but essential workers are
not permitted to strike.
There are no laws prohibiting retribution against legal strikers.
However, workers have the legal right to strike only after complicated
and protracted mediation and conciliation procedures leading ultimately
to the Industrial Court, which receives direction from the Minister of
Labor and Youth Development. If the OTTU is not satisfied with the
decision of the Industrial Court, it can then conduct a legal strike.
These procedures can prolong a dispute by months without resolving it.
Pending a resolution, frustrated workers have staged impromptu, illegal,
wildcat strikes and walkouts.
The OTTU limited its international affiliation to regional and pan
Africanist trade union organizations. The TFTU has joined the
International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively
Collective bargaining is protected by law but limited to the private
sector. Wages for employees of the Government and state-owned
organizations, which account of the bulk of the salaried labor force,
are administratively set by the Government.
Although the OTTU negotiated on behalf of most private sector employees
with the Association of Tanzanian Employers, collective agreements must
be submitted to the Industrial Court for approval. The International
Labor Organization (ILO) has observed that these provisions are not in
conformity with ILO Convention 98 on Collective Bargaining and the Right
to Organize. Tanzania's Security of Employment Act of 1964 prohibits
discriminatory activities by an employer against union members.
Employers found guilty of antiunion activities are legally required to
reinstate workers.
There are no export processing zones (EPZ's) on the mainland, but three
new EPZ's on Zanzibar. Work conditions in the EPZ's are comparable to
those in other Tanzanian work places. Labor law protections apply to
EPZ workers.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor. However, as in the past, the
ILO observed that provisions of various laws are incompatible with ILO
Conventions 29 and l05 on forced labor. Specifically, the Human
Resources Deployment Act of 1983 requires that every local government
authority ensure that able-bodied persons over 15 years of age not in
school engage in productive or other lawful employment. In some rural
areas, ordinary villagers are still obligated to work in the village
communal gardens or small construction projects such as repairing roads.
d. Minimum Age for Employment of Children
By law, children under the age of 12 years are prohibited from working
in the formal wage sector in both urban and rural areas. However, this
provision does not apply to children working on family farms or herding
domestic livestock.
Children between the ages of 12 and 15 can be employed for daily wage
and on a day-to-day basis, but must have parental permission and return
to the residence of their guardian at night.
The minimum age for entry into work of a contractual nature in approved
occupations is set at 15 years. The law prohibits a young person from
employment in any occupation which is injurious to health or which is
otherwise unsuitable. Young persons between the ages of 12 and 15 may
be employed in industrial work but only between the hours of 6 a.m. and
6 p.m., with some exceptions allowed. The Ministry of Labor and Youth
Development is responsible for enforcement. The effectiveness of
government enforcement has reportedly declined with increased
privatization. Approximately 3,000 to 5,000 children engage in seasonal
employment on sisal, tea, tobacco, and coffee plantations. Work on
sisal plantations is particularly hazardous and detrimental to children.
On one sisal plantation, children made up 30 percent of the work force;
only half of the children had completed primary school. They had a high
incidence of skin and respiratory problems, were not provided protective
clothing, and lacked adequate nourishment and lodging. Another 1,500 to
3,000 children work in unregulated gemstone mines. In the informal
sector, children assist their parents in unregulated piece work
manufacturing. In the last decade, the percentage of children enrolled
in primary school has dropped from over 80 percent to less than 60
percent.
e. Acceptable Conditions of Work
There is a legal minimum wage for employment in the formal sector. The
OTTU often negotiated higher minimum wages with individual employers,
depending on the financial status of the business. The legal minimum
wage is $30 (17,500 Tanzanian shillings) per month. Even when
supplemented with various benefits such as housing, transport
allowances, and food subsidies, the minimum rate may not always be
sufficient to provide an adequate living for a worker and family, and
workers must depend on the extended family or a second or third job.
Despite the minimum wage, many workers, especially in the informal
sector, are paid less.
There is no standard legal workweek. However, a 5-day, 40-hour workweek
is in effect for government workers. Most private employers retain a 6-
day, 44- to 48-hour workweek. In general, women may not be employed
between 10 p.m. and 6 a.m. Several laws regulate safety in the
workplace. An occupational health and safety factory inspection system,
set up with the assistance of the ILO, is now managed by the Ministry of
Labor and Youth Development. Its effectiveness, however, is minimal.
OTTU officials have claimed that enforcement of labor standards is
effective in the formal sector, but no verification studies have been
performed. Workers can take an employer to court through their OTTU
branch if their working conditions do not comply with the Ministry of
Labor's health and environmental standards. Workers making such
complaints have not lost their jobs as a result. Enforcement of labor
standards is nonexistent in the informal sector.
Amnesty International - Report 2002
U.S. Department of State Report on Human Rights Practices - 2001
The Tanzanian Government's human rights record was poor in 2001; while there were improvements in a few areas, there continued to be serious problems, particularly in Zanzibar. Citizens' right to change their government in Zanzibar was circumscribed severely by abuses of and limitations on civil liberties in 2000; however, the Government engaged in a dialog with the opposition in order to ensure a more open and transparent process for the next elections. On October 10, the Government and the CUF agreed to establish a joint commission to investigate reported abuses committed in January in Zanzibar. Police killed several persons, and members of the police regularly threatened, mistreated, or occasionally beat suspected criminals during and after their apprehension and interrogation. There were reports that police used torture in Zanzibar. Prison conditions throughout the country remained harsh and life threatening. Arbitrary arrest and detention and prolonged detention remained problems. Police harassment of members and supporters of the political opposition declined significantly following the October reconciliation agreement between the Government and the opposition. The inefficient and corrupt judicial system often did not provide expeditious and fair trials. Pervasive corruption continued to have a broad impact on human rights. The Government infringed on citizens' privacy rights and limited freedom of speech and of the press, and freedom of assembly and association. The Government declared that four government and party officials were noncitizens and therefore no longer could retain their positions. Police used excessive force to disperse demonstrations in Zanzibar and Dar es Salaam in January, which resulted in numerous deaths and injuries; more than 2,000 persons were displaced. In the western part of the country, there remained significant resentment and hostility directed against the refugee population; however, there was some improvement in relations due to government and donor outreach efforts with the local population. In previous years, the Government obstructed the formation of domestic human rights groups; however, there were no reports that this occurred during the year. The Government approved a bill to establish a Human Rights Commission; however, the Commission was not established until late in the year, and it did not hear any cases by year's end. The Government created the Tanzania Parliamentarians AIDS Coalition (TAPAC) during the year to address discrimination against persons infected with HIV/AIDS in the country. Violence and discrimination against women and female genital mutilation (FGM) remained serious problems. Women and girls in refugee camps suffered a high level of rape and abuse. Abuse of children and child prostitution were problems. The Government continued to infringe on workers' rights, and child labor persisted. The Government ratified International Labour Organization (ILO) Convention 182 on the worst forms of child labor during the year. Mob justice remained severe and widespread.
Source: U.S. Department of State
Subscribe to:
Posts (Atom)
