Practical Assignment on the Rationale for Human Rights Principles and Enforcement

Assignment

SCENARIO

You are joining Anmesty International as a Volunteer Researcher in the London office of Anmesty International, an organisation that works to protect men, women and children wherever justice, freedom, truth and dignity are denied. With over three million members it investigates and expose abuses, educates and mobilises the public, and helps to transform societies to create a safer, more just world. It has received the Nobel Peace Prize for its life—saving work.

In order for you to understand the issue of human rights on an international level, your Manager at Anmesty International, Ms. Eliza Perez, has set you the following tasks to complete. You must complete all of them.

Task 1

Eliza Perez Wants you to demonstrate a critical understanding of the rationale for human rights principles and their enforcement Within the UK and the international arena.

1. Assess the rationale and motivations that lay behind the development of international human rights principles and law. In your answer, ensure you refer to the Universal Declaration of Human Rights (UDHR) as well as other principles.

2. Evaluate the extent to which the human rights principles you have assessed above are valid. In your answer you should explore the strengths and weakness of the human rights principles, if indeed they are any.

3. Outline and explain in detail the differences between the UK Human Rights Act 1998 and any international human rights law of your choice i.e. how do the two enforce and promote human rights differently.

Note: An example of international human rights law may be EU human rights charter, etc.

Task 2

As a Volunteer Researcher at Amnesty International, you have compiled a report with the information on the case study below on the State of Zeppelinia. Now you need to draft the final section of your report, regarding international human rights provisions and laws and their effectiveness. You must complete the tasks after the case study below and include them in your final report.

The State of Zeppelinia has a population of 37 million, most of whom live in the central and northern parts of the country. The province of south-east Zeppelinia - an area rich in natural resources, and home to 6 million inhabitants - is geographically inaccessible on account of being separated from the rest of the country by a 60 km mountain range with extremely poor quality roads. As a result, this area has developed a certain degree of autonomy in the daily running of its affairs. The elected Council of the province does report to the central Government of Zeppelinia, but as long as it transfers taxes from the region into the Zeppelinian state system, it has been given the freedom to govern itself.

Earlier this year, the people of the province decided that this was not enough for them, especially since — in their view — they were paying taxes to the State but the province was receiving little in return from the State. In March, the Council announced that it no longer considered the province to be part of the State of Zeppelinia, and it declared that the province constituted the newly independent State of Joplin. The Zeppelinian Government reacted strongly to this announcement, stating that such a declaration was manifestly unlawful, and that the province always was and always will be part of the State of Zeppelinia.

The reaction of the international community has been mixed. 65 States have clearly sided with Zeppelinia, noting that such a declaration was meaningless and that they were adamantly opposed to such acts of secession. In contrast, 26 other States have recognised the new State of Joplin, and invited its representatives to enter into formal diplomatic relations. The rest of the world has remained silent on the matter.

One of the States to recognise Joplin is the neighbouring State of Hendrix, which shares strong ethnic ties with the majority of the population in Joplin/south-east Zeppelinia. It has been reported that the Government of Hendrix is the primary financial backer of the Joplin independence movement, and that it may have assisted in the planning of and support for this turn of events. In fact, it is alleged that close to half the members of the newly established Joplinian Government are former citizens of Hendrix who moved to the province of south-east Zeppelinia in the past decade. It is claimed by some that this new Government is in reality under the influence and control of the Hendrix Government, whose primary interest is to acquire exclusive rights to trading with this resource-rich region.

A small number of individuals and members of non-governmental organisations in the province were opposed to the declaration of independence, and have been critical of the alleged role of Hendrix in orchestrating the affair. They, together with independent journalists in the region, have been publishing reports and calling for action to rescind the declaration of independence and continue with the way things were in the past, as part of Zeppelinia. The local police force in the province, acting under the authority of the Council/Joplinian Government, has been quick to detain all those who have been voicing their objection to independence, noting that they are traitors to the new state of Joplin. Credible reports by the few independent journalists not yet detained, have uncovered the systematic use of torture by the police against many of the detainees. The reports detail a mass grave of 200 prisoners and police brutality on the streets.

Note: in order to pass tasks 2a and 2b below, you must give other examples in addition to the case study above e. g. read about various issues covered in the news, or look at case law and decisions made in court.

1. Along with Prohibition against Torture, identify and explain at least TWO other international human rights provisions/laws in society and then discuss their purpose/role.

Your answer must be with reference to the above scenario on south-east Zeppelinia/Joplin AND giving a range of real life examples through conducting your own research,

(AC 2.1)

2. Evaluate how effective the international human rights provisions/laws (identified in Task 2a above) are on a NATIONAL and INTERNATIONAL level

Your answer must be with reference to the above scenario on south-east Zeppelinia/Joplin AND giving a range of real life examples through conducting your own research,

Note: consider the strengths and weaknesses of the various human rights provision/laws. For both the national context, you must provide relevant examples or case law.

Useful Link(s):

http://www.equalityhumanrights.com/human-rights/what-are-human-rights/the-human-rights-act/right-to-life/#cases

(AC 2.2, 2.4)

3. Assess the problems in upholding human rights provisions such as those provisions identified in Task 2a above, including the limitations to the protection against refoulement under international refugee law? Refer to case law on the “right to a fair trial”.

(AC 2.3)

Task 3

You have been asked to look into the country Zimbabwe to understand the type of potential human rights abuses/infringements, the remedies available against such human rights abuses, and the bodies involved in providing these remedies. You should complete the following tasks below. You must conduct your own research into the issue of human right abuses in Zimbabwe.

1. With reference to Zimbabwe, identify and explain the main forms of international human rights infringements. (AC 3.1)

Useful Links(s):

http://www.amnesg.org/en/news/zimbabwes-human-rights-record-remains-poor-despite- safeguards-new-constitution-2013-11-25

2. Assess in depth at least TWO remedies available for breach of international human rights law by Zimbabwe such as those breaches identified in Task 3a above (AC 3.2)

3. Analyse how the United Nations through for examples its Human Rights Council, and ONE other international human rights body/system are addressing human rights infringements such as those occurring in Zimbabwe (AC 3.3)

4. Evaluate the kinds of problems faced when trying to enforce the remedies such as those discussed in Task 3b and 3c above (AC 3.4)

Task 4

NGO’s play a significant role in stepping in to resolve human rights issues where governments cannot even do so. For example, Amnesty International, works to protect men, women and children wherever justice, freedom, truth and dignity are denied. With over three million members it investigates and expose abuses, educates and mobilises the public, and helps to transform societies to create a safer, more just world. It has received the Nobel Peace Prize for its life-saving work.

1. Identify and discuss tl1e role played by TWO NGOs and regional rights regimes in promoting and upholding human rights. You may choose from Amnesty International. Children’s Defence Fund. Human Rights Watch or any other of your choice (AC 4.1)

2. Then demonstrate and Show how successful such NGO’s and regional right regimes are in upholding human rights (AC 4.2)

Note: you should consider both the strengths and weaknesses of such regimes. Conduct your own research, such as on the criticisms made on the NGO and regional right regimes.

3. Analyse the challenges faced by NGOS and regional rights regimes such as those referred above, in promoting and upholding human rights (AC 4.3)