Position paper 2009 relating to substantive and other aspects of attacking the root cause of violence
The
2009 Special Procedures Seminar is the third such seminar aimed at enabling
non-governmental organisations to use the United Nations Special Procedures
System to address the economic, social and cultural root causes of violence.
Fourteen participants from Afghanistan, Brazil, Cambodia, the Gambia, India,
Nigeria, Peru, the Philippines, Romania, Sierra Leone, Uganda, Uruguay and
Zimbabwe took part in the seminar. The participants also met with mandate
holders dealing with human rights and access to safe drinking water and
sanitation, violence against Women, human Rights and extreme poverty, human rights
defenders and violence against children. They also met with a former
chairperson of the working group on arbitrary detention.
Prior
to the seminar, participants prepared papers examining specific situations in
which violations of economic, social or cultural rights led to torture or other
serious forms of violence in their country. On that basis, and during the
seminar, participants developed cases for eventual submission to special
procedure mechanisms. This document includes summaries of those cases.
This
document begins with an article dealing with OMCT’s experience in dealing with
the issue of economic relativism; that is the argument that economic priorities
can justify violations of human rights. This is part of OMCT’s overall
objective to reject the various arguments that enjoyment of human rights can be
limited by concerns of security or economic development and cultural practices.
Through their case studies, the Seminar participants
gave concrete illustrations of the link between violations of economic, social
and cultural rights and violence. The mutually reinforcing relationship between
marginalisation, poverty, and violence means that reducing violence against
women, children, human rights defenders, and other vulnerable groups requires addressing
land grabbing, discrimination, denial of educational opportunities, and other
economic, social and cultural root causes.
The seminar’s participants, in addition to the case
studies summarised in this document, identified cross-cutting issues that
affected the various situations they were dealing with. Access to land
and forced evictions were major issues in
nearly every country. In many instances, states were directly involved in land
dispossession, and in all cases had failed in its obligations under
international covenants to protect and respect land rights. Likewise,
governments have failed to address poverty, inequality and discrimination.
Participants
also drew attention to the heightened risk of violence against women,
children, the poor and other vulnerable groups. In addition to their
increased vulnerability, special attention must be paid to the specific effects
of torture and violence on these populations, so that support and can be
tailored to their specific needs.
The
primary obstacle to addressing violence and its economic, social and cultural
root causes for participants was poor implementation of existing legislation
and obligations. This often resulted from corruption and impunity,
both among legislators and the judiciary. Even where domestic laws exist in addition to international obligations,
an ineffective judiciary does not utilise or enforce them. Similarly, the criminal justice system,
rather than serving a rehabilitative function, instead exacerbates economic and
social inequalities and perpetuates the mutually reinforcing relationship
between poverty and violence.
Needs of NGOs in addressing the root causes
Participants
discussed the support they needed to continue addressing the economic, social
and cultural root causes of violence in their countries. Many expressed a
desire for technical assistance. OMCT was called upon to provide manuals,
trainings and practical advice to NGOs, as well as knowledge of and access to
UN mechanisms and other international bodies.
The participants also stressed that the
presentations from academics and the opportunity to dialogue with experts on
the Special Procedures system were very helpful. OMCT can continue to provide
such opportunities for cross-fertilisation between local and regional NGOs and
international academics and experts.
In
addition, OMCT can consolidate and disseminate the information and ideas
collected during the Seminar. OMCT is well placed to inform UN agencies and
committees on the link between economic, social and cultural rights and
violence. It can also push for greater inclusion of grassroots organisations
and local NGOs in the UN system.
Next steps for NGOs
Having
established a framework and concrete next steps for action files, complaints,
and other interventions for submission to UN Special Procedures mandate
holders, participants recognised the need for follow-up and finalisation. With
technical assistance from OMCT where needed, NGOs will gather additional
information and refine the documents drafted at the Seminar.
Participants
also recognised the need to utilise the media. By publicising issues and
disseminating information to the general public, media coverage can put
additional pressure on the government to act, and provide cover for human
rights defenders and victims. NGOs should also prioritise follow-up with
national and international authorities, and utilise the media to publicise
government inaction.
NGOs
can utilise the EU Guidelines on torture and other cruel, inhuman or degrading
treatment to generate international interest and draw the attention of the EU
and its member states to rights violations. Regarding the issue of land rights,
the Special Rapporteur on adequate housing's "Basic principles and
guidelines on development-based evictions and displacement" can be a
useful tool in pressuring states to address land dispossession and forced
evictions.
Protection of victims should also be a priority.
NGOs must manage expectations of victims, and be realistic about the goals and
likely results of interventions. They must also ensure victims receive support
(psychological, social, etc.), not only to deal with the trauma of violence
itself but also the additional trauma involved in sharing and publicising their
stories.
It is also important that, in addition to submitting
complaints, NGOs support the work of the Special Procedures mandate holders.
Where mandate holders are unable to arrange an official visit, NGOs can invite
them to visit the country in an informal capacity. The mandate holders all
emphasised that they rely on local organisations for information and guidance
when conducting country visits. NGOs therefore have a responsibility to connect
mandate holders with grassroots organisations and those affected.
OMCT wishes to thank the participants and presenters
for their contributions, and Ms. Lisa Knox for the preparation of this position
paper.