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Introduction

Maxine Molyneux and Shahra Razavi

in Gender Justice, Development, and Rights

This introductory chapter opens with a discussion on the gains made the international human rights movement in the 1990s. It draws attention to and social and economic policies that have kept many ... More

This introductory chapter opens with a discussion on the gains made the international human rights movement in the 1990s. It draws attention to and social and economic policies that have kept many women in a state of poverty and deprivation. These policies serve as the backdrop to the studies in this volume, which are described in detail.Less

The Movement

Aryeh Neier

in The International Human Rights Movement: A History

This chapter explains that the driving force behind the protection of human rights worldwide, today and for roughly the past thirty-five years, has been the nongovernmental human rights movement. ... More

This chapter explains that the driving force behind the protection of human rights worldwide, today and for roughly the past thirty-five years, has been the nongovernmental human rights movement. Intermittently during the last two-and-a-half centuries, citizens' movements did play important roles in efforts to promote human rights, as during the development of the antislavery movement in England in the eighteenth century and the rise of the feminist movement in the United States in the nineteenth century. The contemporary human rights movement responds to victories and defeats by shifting focus from time to time, but it shows signs that it will remain an enduring force in world affairs. Efforts by those outside governments have been particularly important in extending the protection of rights beyond national boundaries, and it is in the present era that they have been most significant.Less

Truth, Justice, Memory, and Democratization in the Southern Cone

Alexandra Barahona de Brito

in The Politics of Memory and Democratization

This chapter examines how Argentina, Brazil, Uruguay and Chile fared with truth and justice policies after the transition from authoritarian rule, looking at the issue from an institutional and ... More

This chapter examines how Argentina, Brazil, Uruguay and Chile fared with truth and justice policies after the transition from authoritarian rule, looking at the issue from an institutional and political angle, and at the social politics of memory. Efforts to deal with the past and their significance in the overall politics of transition to democracy are shaped by country-specific historical conditions and developments: the nature and legacies of repression and authoritarian rule; and the nature of the transition process and the various political, institutional and legal factors conditioning the post-transitional period, among which are the nature of repression, the presence and strength of a human rights movement, inherited legal or constitutional limitations, relations between political parties and Human Rights Organizations (HROs), the degree of executive or party commitment to policies of truth and justice, the unity of democratic parties, the ability of the military to mobilise against any policies of accountability as well as their relations with the democratic executive, the attitude of the judiciary to past violations, the presence of a strong legislative right, and the degree to which repression penetrated the social fabric. The way in which the first democratically elected authorities deal with the past, together with the relative strength of the human rights movement in the post-transitional period, sets the agenda for the subsequent evolution of the issue; more specifically, the past remains a source of open conflict if there are loopholes in official policies that preclude full closure or amnesty, and if transnational groups or regional and international human rights bodies challenge national policies favouring impunity. The past also remains a source of conflict if there are strong HROs that continue to contest official decisions on how to deal with the past, and have allies in the formal political arena or the courts. Official policies to deal with the past are not of themselves directly relevant to the process of democratisation, and what is more, during the first transitional period, truth and justice policies are unrelated to (or may even place obstacles in the way of) wider institutional reform; the reverse is also true, but whatever the case, the past becomes part of the dynamic of democratic politics. Indeed, although the continued pursuit of truth and justice and its links to wider reforms may be difficult to establish across the board, the politics of memory more widely conceived are important for a process of democratization in all four countries examined here, as it is about how a society interprets and appropriates its past, in an attempt to mould its future, and as such it is an integral part of any political process, including progress towards deeper democracy.Less

The Worldwide Movement

Aryeh Neier

in The International Human Rights Movement: A History

This chapter explores thousands of other organizations, aside from Amnesty International and Human Rights Watch, that are also active in the human rights movement. Many of them make distinctive ... More

This chapter explores thousands of other organizations, aside from Amnesty International and Human Rights Watch, that are also active in the human rights movement. Many of them make distinctive contributions by focusing on abuses of rights in a particular country or locality; by addressing violations of rights suffered by discrete segments of the population such as gays and lesbians, indigenous peoples, women, members of racial, religious or ethnic minorities, or persons suffering from mental or physical disabilities; by dealing with a particular form of abuse, such as torture or the denial of freedom of expression; by using a particular method to promote human rights, such as litigation or the rehabilitation of torture victims; or by enlisting members of a certain profession, such as lawyers, physicians or journalists, in the struggle for human rights.Less

Conclusion

Webb Keane

in Ethical Life: Its Natural and Social Histories

This concluding chapter discusses the universal aspirations of contemporary human rights and humanitarian movements and the problems that they face. The human rights movement aims to realize the ... More

This concluding chapter discusses the universal aspirations of contemporary human rights and humanitarian movements and the problems that they face. The human rights movement aims to realize the assertion in the 1948 United Nations Universal Declaration of Human Rights that “all human beings are born free and equal in dignity and rights.” Meanwhile, humanitarianism tends to focus on suffering and the prevention or amelioration of physical harm. Both movements, however, are predicated on ethical universality in principle and its global reach in practice. That is, since ethical values, the sentiments they should induce, and the obligations they impose pertain to all humans, so too should ethical agency be indifferent to any distinctions of culture, ethnicity, religion, gender, age, or political divisions.Less

Amnesty International

Aryeh Neier

in The International Human Rights Movement: A History

This chapter analyzes Amnesty International, the best known and by far the largest human rights organization in the world, which was established in London in 1961. Its creation was a major milestone ... More

This chapter analyzes Amnesty International, the best known and by far the largest human rights organization in the world, which was established in London in 1961. Its creation was a major milestone in the emergence of an enduring human rights movement. From the start it was intended to be a global organization. That is, those who would participate in its efforts would come from all over the world, and those on whose behalf it campaigned would be persons everywhere who suffered abuses of human rights. Today, Amnesty International is probably somewhat less influential, both in the United States and globally, than it was at its high point in the 1970s and the 1980s. Some would argue that this reflects the extension or dilution of its mandate to cover the full range of human rights issues, including economic and social rights.Less

Accountability

Aryeh Neier

in The International Human Rights Movement: A History

This chapter discusses that a major goal of the international human rights movement has been to secure accountability for especially grave abuses. This focus has led to the so-called “truth ... More

This chapter discusses that a major goal of the international human rights movement has been to secure accountability for especially grave abuses. This focus has led to the so-called “truth commissions” in many countries, principally in Latin America and Sub-Saharan Africa, but also in several countries of Asia and in Morocco; prosecutions of literally scores of former heads of state before national courts in various parts of the world; increased use of the principle of universal jurisdiction in prosecutions, mainly in Europe, against those accused of gross abuses committed in other countries; and, what is likely to be the most lasting and significant means of securing accountability, the establishment of several international criminal tribunals to prosecute and punish those accused of war crimes, crimes against humanity, and genocide.Less

Parallel Tracks and Fraught Encounters: The Human Rights and Feminist Movements (and Campesina Protagonism) in Peru

Pascha Bueno-Hansen

in Feminist and Human Rights Struggles in Peru: Decolonizing Transitional Justice

This chapter examines the struggles and gaps between the protagonism of rural Andean women, or campesinas, and the priorities of the human rights and feminist movements in Peru as they try to address ... More

This chapter examines the struggles and gaps between the protagonism of rural Andean women, or campesinas, and the priorities of the human rights and feminist movements in Peru as they try to address the ever-growing number of victims and survivors of the internal armed conflict. The armed conflict pitted the armed forces versus the Shining Path; both sides demanded allegiance from rural communities. From the beginning, campesinas were at the forefront of local efforts to denounce human rights violations and address the needs of affected people with the help of church groups and human rights advocates. Peruvian human rights and feminist movements presented the strongest potential for taking on the defense of campesinas' rights. This chapter considers how social exclusions marginalized campesina voices in the transitional justice process and how and why, despite campesina protagonism and human rights and feminist movements' best intentions, the gender-based violence directed at campesinas during the armed conflict slipped through the cracks. It also looks at the founding of the Women for Democracy, or Mujeres por la Democracia (MUDE), in 1997.Less

“Human Rights Is Suddenly Chic”: The Rise of The Movement, 1970–1976

William Michael Schmidli

in The Fate of Freedom Elsewhere: Human Rights and U.S. Cold War Policy toward Argentina

This chapter examines the rise of the human rights movement in U.S. foreign policy. In November 1974, Olga Talamante was arrested in Argentina five days after “State of Siege” provisions had been ... More

This chapter examines the rise of the human rights movement in U.S. foreign policy. In November 1974, Olga Talamante was arrested in Argentina five days after “State of Siege” provisions had been enacted, in which suspected subversives could be held indefinitely and without charges. Soon after, Olga’s parents formed the Olga Talamante Defense Committee (OTDC) and began a grassroots campaign on her behalf. The Talamantes’ dedication to securing Olga’s release eventually transformed the OTDC into a full-fledged social movement. The immense outpouring of solidarity the OTDC generated reflected the rising support for human rights in U.S. society and politics. Rooted in the struggle for civil rights and the anti-Vietnam War movements, and gaining strength as a result of widespread disillusionment with U.S. support for repressive regimes, the effort to institutionalize human rights in U.S. foreign policy and improve the protection of human rights overseas flourished in the early 1970s.Less

Workers’ Rights as Human Rights?: Solidarity Campaigns and the Anti-Sweatshop Movement

Steven Vallas, J. Matthew Judge, and Emily R. Cummins

in Democratizing Inequalities: Dilemmas of the New Public Participation

This chapter examines the public debate surrounding sweatshops within a “human rights” frame. Using existing ethnographies and archival data from ten anti-sweatshop campaigns that center on Central ... More

This chapter examines the public debate surrounding sweatshops within a “human rights” frame. Using existing ethnographies and archival data from ten anti-sweatshop campaigns that center on Central America's apparel industry, the chapter analyzes the consequences that have flowed from the convergence of human rights and workers' movements. It first outlines the main distinctions between human rights and workers' rights movements before considering the tensions that have emerged among the forms of leadership, strategies, and goals embraced by human rights and labor movement activists, and how such tensions have been addressed by solidarity movements. It then explores the consequences that arise when human rights orientations are infused into anti-sweatshop movements. It suggests that solidarity campaigns foster worker empowerment on the shop floor.Less

The Human Rights Tradition and Amnesty International

in Cultural Dilemmas of Progressive Politics: Styles of Engagement among Grassroots Activists

This chapter reviews the cultural traditions on which contemporary human rights work relies, with a special focus on three defining documents. Two of these—the French Declaration of the Rights of Man ... More

This chapter reviews the cultural traditions on which contemporary human rights work relies, with a special focus on three defining documents. Two of these—the French Declaration of the Rights of Man and the Citizen and the U.S. Bill of Rights—date from the age of democratic revolutions. These documents, along with thinkers such as Locke and Voltaire, helped construct the tradition of human rights. The third document is the Universal Declaration of Human Rights (UDHR), adopted by the United Nations shortly after World War II. The UDHR has become the sacred text of the contemporary human rights movement. The discussion of these documents is intended as a sketch of the most important elements of the historical deposit contemporary human rights work draws upon, not an intellectual history of this tradition. The second half of the chapter takes a quick look at the organizational structure and history of Amnesty International and then examines Amnesty's appropriation of the human rights tradition, focusing on the rules it has adopted to govern its work and how it defines its organizational “mandate.”Less

From Kwangju to Democracy: 1980–1987

Danielle L. Chubb

in Contentious Activism and Inter-Korean Relations

This chapter analyzes the relationship between South Korean political activism and the trajectory of debate over inter-Korean relations that emerged in the 1980s. It determines the main claims made ... More

This chapter analyzes the relationship between South Korean political activism and the trajectory of debate over inter-Korean relations that emerged in the 1980s. It determines the main claims made by the government through scrutiny of official discourses surrounding three key events: Chun Doo Hwan’s proposal for a “Unity Formula” (1982) and North Korea’s subsequent rejection of it; the Rangoon incident of 1983; and the Third Plenary Session of the Advisory Council on Unification (1984). Following this exposé of the normative beliefs and behavioral norms contained within the dominant discourses, subsequent sections of the chapter examine the normative negotiations undertaken by human rights and democracy activists around the themes of transnationalization and radicalization. From a broader perspective, the chapter emphasizes the ways in which actors utilized ethical argumentation to negotiate a persuasive position among a variety of resonant norms.Less

Counterinsurgency and Human Rights in the Post-1945 World

Brian Drohan

in Brutality in an Age of Human Rights: Activism and Counterinsurgency at the End of the British Empire

This introduction examines recent historiographical trends in the writing of human rights history and military histories of counterinsurgency. Much of the current human rights historiography has ... More

This introduction examines recent historiographical trends in the writing of human rights history and military histories of counterinsurgency. Much of the current human rights historiography has focused on finding the origins of contemporary human rights movements rather than engaging with the ways in which human rights activists thought of themselves at the time. Secondly, the introduction addresses the myths of supposedly “humane” British counterinsurgency methods such as the use of minimum force, winning hearts and minds, and obeying the rule of law. But during the wars in Cyprus, Aden, and Northern Ireland, human rights activists tried to expose the brutality and repression of British counterinsurgency to public scrutiny.Less

Human Rights Naturalized

Allen Buchanan

in The Evolution of Moral Progress: A Biocultural Theory

This chapter helps to confirm the explanatory power of the naturalistic theory of moral progress outlined in previous chapters by making two main points. First, it shows that the theory helps to ... More

This chapter helps to confirm the explanatory power of the naturalistic theory of moral progress outlined in previous chapters by making two main points. First, it shows that the theory helps to explain how and why the modern human rights movement arose when it did. Second, it shows that the advances in inclusiveness achieved by the modern human rights movement depended upon the fortunate coincidence of a constellation of contingent cultural and economic conditions—and that it is therefore a dangerous mistake to assume that continued progress must occur, or even that the status quo will not substantially deteriorate. This chapter also helps to explain a disturbing period of regression (in terms of the recognition of equal basic status) that occurred between the success of British abolitionism and the founding of the modern human rights movement at the end of World War II.Less

International Human Rights Fact-Finding Praxis: A TWAIL Perspective

Obiora Okafor

in The Transformation of Human Rights Fact-Finding

This chapter interrogates and assesses international human rights fact-finding (IHRFF) as a form of praxis, and from a critical “third world approaches to international law” (TWAIL) perspective. It ... More

This chapter interrogates and assesses international human rights fact-finding (IHRFF) as a form of praxis, and from a critical “third world approaches to international law” (TWAIL) perspective. It inquires as to whether IHRFF suffers from any of the problematic features of general international law praxis that TWAIL scholars and other critical sociolegal theorists have analyzed. If it does, the question then is what a reasonably acceptable form of IHRFF would look like. The chapter undertakes a step-by-step consideration of the available “primary” and secondary evidence, in light of the insights derived from TWAIL literature. It argues that scholars who largely support the human rights movement should maintain sufficient methodological detachment when they analyze the movement.Less

The Protective Shields: Civil Society Organizations and the UN in the Arab Region

Kinda Mohamadieh

in Land of Blue Helmets: The United Nations and the Arab World

This chapter examines the various roles undertaken by civil society organizations (CSOs), or nongovernmental organizations, in the Arab region and their implications for collaboration between CSOs ... More

This chapter examines the various roles undertaken by civil society organizations (CSOs), or nongovernmental organizations, in the Arab region and their implications for collaboration between CSOs and the United Nations, with particular emphasis on how CSOs figure in policy debates and the human rights movement. CSOs in the Arab region, mainly those working on policy and legislative issues, have been engaged with UN-led processes and conferences since the 1992 Earth Summit, and including the 1995 Summit on Social Development and the 2000 Millennium Summit. However, as some UN agencies, driven by a quest for funding, have moved into programmatic interventions, tensions have sometimes emerged between CSOs and UN agencies when some UN agencies have ended up potentially competing with CSOs for funding or crowding out the space available for CSOs. This chapter first traces the history of CSO-UN interactions in the Arab region before discussing the new challenges and possibilities raised during the period of the Arab uprisings.Less

Waiting in the Garden of Broken Trees

Pascha Bueno-Hansen

in Feminist and Human Rights Struggles in Peru: Decolonizing Transitional Justice

This book examines how social inequality functions within Peru's transitional justice process by focusing on the gender-based violence that occurred during the internal armed conflict of 1980–2000. ... More

This book examines how social inequality functions within Peru's transitional justice process by focusing on the gender-based violence that occurred during the internal armed conflict of 1980–2000. It considers how Peruvian human rights and feminist movements, the Peruvian Truth and Reconciliation Committee (PTRC), and a feminist nongovernmental organization—the Estudio por la Defensa de los Derechos de la Mujer, or Study and Defense of Women's Rights (DEMUS)—negotiated between implementing international human rights law and holistically addressing gender-based violence. It also explores how gender norms influence what violations the Peruvian human rights movement, and later the PTRC, prioritize; how gender norms influence dominant representations of women in the PTRC public hearings and sexual violence legal cases; and how the temporally bound nature of transitional justice exists in tension with the continuum of violence. Finally, the book discusses the influence of other social factors, such as ethnicity, language, class, and culture, on gender-based violence during the internal armed conflict.Less

Paradox and Temporality

Pascha Bueno-Hansen

in Feminist and Human Rights Struggles in Peru: Decolonizing Transitional Justice

This book has addressed the paradox of rights: the tension between the need for human rights law to document and prosecute violations and the inability of the human rights framework to address the ... More

This book has addressed the paradox of rights: the tension between the need for human rights law to document and prosecute violations and the inability of the human rights framework to address the full scope of harm. Since the roots of transitional justice grow out of international human rights law, this same paradox is manifested in transitional justice mechanisms, such as the Peruvian Truth and Reconciliation Committee (PTRC). The story of Rosa Cuchillo and her endless search for her daughter, who disappeared during the armed conflict, highlights the endurance of love, the importance of legal avenues to register human rights violations, and the central role played by human rights advocates. This conclusion discusses the structural, procedural, and methodological implications of the book's analysis of Peruvian feminist and human rights movements, the PTRC, and DEMUS's Manta project in terms of future transitional justice endeavors both within and outside of Peru.Less

Afro-Colombian Social Movements

Kwame Dixon and John Burdick

in Comparative Perspectives on Afro-Latin America

This chapter explores the struggle for land rights in Colombia as well as the ways grassroots activists are using new laws to challenge social discrimination.