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Since 1985 seven Yearbooks have appeared containing articles on recent developments with regard to human rights in developing countries. Besides topical information on current issues and trends that pertain to these countries in general, the Yearbook describes the current situation in a selected group of developing countries. The Yearbook 1994 contains national reports on Angola, China, Ghana, Honduras, Pakistan, Sri Lanka and Tanzania. The authors and editors of the Yearbook use a broad definition of human rights meaning not merely civil and political rights but economic, social and cultural rights as well. This broad and modern perspective on the issue is reflected in the contents of the national reports and in the thematic studies in the first part of the book, covering a wide range of issues relevant to human rights in the developing world. Among the topics covered by the thematic studies this year are the Convention on the Rights of the Child, the influence of recognized human rights standards in the national politics of Eastern Europe, the social cost of adjustment and human rights protection and an evaluation of recent positive measures taken in the sphere of North-South cooperation. The Yearbook is an initiative of human rights institutes in Austria, Denmark, Norway, Sweden and the Netherlands with the purpose of reaching a wide audience interested in both human rights and development aid issues.
The IMF, The World Bank Group, and the Question of Human Rights explores various issues facing international financial institutions and their obligations to adhere to human rights norms. Bahram Ghazi gets to the heart of the most important issues facing the global community today: namely, how to reconcile globalization and the activities of the World Bank and the IMF with the implementation of international human rights rules. His comprehensive work explains the relation between economy, finance, and investments and their impact on the human rights situation. Using an interdisciplinary approach, the author incorporates historical, political, economic, financial, and institutional dimensions into his analysis. The IMF, The World Bank Group, and the Question of Human Rights is the fourth volume to be published in Transnational’s International Law and Development series, edited by Raj Bhala. Published under the Transnational Publishers imprint.
This book explores the human rights obligations of two of the largest international financial institutions,namely, the World Bank and the International Monetary Fund. Based on international legal methodology, this book addresses these two institutions in public international law, and assesses the extent to which international law provides foundations for obligations in the field of human rights. This book analyses any possible obligations related to the effect of the two institutions own programmes and projects. The core of this analysis is focused on the two institutions international legal personality, and addresses their relationship to international law as legal subjects, rather than as a collectivity of states with international legal personality. Building on the traditional sources of international law, such as customary international law, general principles of international law and treaty law, the book concludes that the two institutions are under an obligation to respect human rights in their operations. This implies that they will break their obligations if they make the human rights situation worse as a result of their programmes or projects. It also concludes that the World Bank and the IMF are not under obligations to promote or fulfil human rights, but that they may legitimately do so if they can do it within their Articles of Agreement (the treaties establishing the institutions). The book also looks at the practical implications of the obligation to respect, which involves both substantial and procedural obligations. These obligations will, even if limited in their scope, imply that the two institutions need to include human rights checks in the planning, implementation and evaluation stages of projects and programmes. The final part of the book looks at redress possibilities in situations where either of the two institutions may be in breach of their human rights obligations.
This interdisciplinary study applies human rights theory to the problems of rural poverty in the Third World. Considering the interdependence of minimal food and health security with minimal assurance of basic freedoms, political scientist Alan G. Smith traces the linkage to the need of the food-insecure to seek clientelistic dependencies on better-off neighbors—relationships that often operate to restrict freedom of choice. In contrast to conventional rural development aid, which can introduce new client dependency if pursued alone, Smith stresses the need to find other forms of aid that would provide the option of assured minimal survival while avoiding the constraints imposed by dependency. Arguing for bolstering bottom-up human rights momentum, he suggests the transfer of appropriate tools into the hands of the target group. Recipients would make use of them to enhance autonomous food-crop production, thereby making client dependency a matter of choice rather than necessity. Smith illustrates the Third World predicament of food insecurity leading to infringement of rights by drawing together empirical evidence from Bangladesh, Botswana, and Tanzania. He further argues that respect for human rights involves a duty on the part of advantaged nations to address the Third World predicament with practical measures fully consistent with human rights, and for each of these three country cases, Smith recommends direct locally specific minimalist aid. His model, its practical illustration, and recommendations should be valuable to academics and students in the fields of rural sociology, anthropology, and political science—especially those focusing on human rights, poverty, and Third World development—as well as bureaucrats and consultants in the development aid field.
Foreign aid has increasingly become subject to political conditionality. In the 1980s some institutions made aid dependent upon the recipient countries' economic policy reforms. Market liberalisation was the primary instrument and objective. In the 1990s such conditionality was brought one step further; aid was now linked to political reforms, affecting recipient countries' governing systems, requiring democracy, human rights and 'good governance'. This volume looks at these developments and considers the conditionality policies of several European aid donors. Such policies are also considered from recipient perspectives, both from the Third World and Russia, and the issue is also considered from a historical perspective.
Human rights, democracy and governance concerns are prominent elements in the development cooperation policy of the European Community. The relations between the European Community (EC) and 71 developing countries in Africa, the Caribbean and Pacific (ACP) have proved to be a laboratory for developing ideas on these matters, for translating them into binding treaty norms, and for applying them in practice. The experiences gained in the ACP-EC relationship carry special value because they are the product of dialogue and joint decision-making between groups of developed and developing states. Therefore, 25 years of ACP-EC cooperation under the Lomé Convention provide a rich learning ground for anybody involved or interested in (the debate on) linking development cooperation to human rights and to human rights related concerns. This book explores the international law aspects of the subject. It first investigates the general international legal basis for linking development cooperation to human rights, democracy and good governance. Both the negative and positive ways of making such a linking (by punitive and supportive measures) are addressed. The book then delves into the evolution of Lomé treaty norms on the subject, and into the concrete human rights practices that took shape under them. It explores the contributions to and influence of both the EC and ACP states on those treaty provisions and practices. A comprehensive overview is provided of the support measures and sanctions resorted to in response to the human rights situation in ACP countries. The book assesses the overall experiences gained and presents a synthesis of factors that proved to be constraints or conducive to the efforts to integrate human rights fully into ACP-EC development cooperation. The insights gained could well inform similar efforts undertaken by others.
What is the nature and scope of corporate responsibility with regard to human rights? Should companies themselves be responsible for human rights violations involving themselves or their subsidiaries? What principles should guide business in countries known to violate human rights? Is self-regulation sufficient, or are corporations best regulated by national or international codes, and on what should these codes be based? These are some of the many questions which this ground-breaking collection of essays seeks to address as it assesses the value of applying human rights standards to transnational corporations. The increasing involvement of corporations in the public domain and the steady reduction of governmental involvement in commercial and social undertakings has created a desperate need to rethink the nature and role of the private corporation and its regulation. This volume, which contains a balanced collection of analyses from all interested sources in the corporate responsibility debate, is the result of a three-day conference during which government officials, corporate executives, NGOs, and representatives of inter-governmental organisations, as well as academic researchers, came together for the first time to discuss the emerging issues. The essays have been arranged under six broad themes: policy issues, regulation, issues of application, matters of doctrine, globalisation and case studies. In addition, each section contains the opinion (not simply a summary of proceedings) of a nominated rapporteur who draws together the strands of each theme, and, where necessary, broadens the analysis to cover important issues which may not have been addressed. At the heart of this volume is the attempt to define an effective framework for transnational corporate responsibility through international human rights standards. It will be of vital interest to corporate legal advisers, human rights practitioners, NGOs, government law offices and academics, as well as to all those concerned with human rights and their place in the modern world.
Much has been written on the human rights relevance and impacts of the policies and activities of the World Bank and IMF --or International Financial Institutions (IFIs). However while many of the human rights-based critiques of the Bank and Fund purport to link broadly defined reforms with obligations under international human rights law,rarely has this been carried out through a rigorous and in-depth application of international legal rules governing the proper interpretation of the institutions' mandates, and rarely have the policy consequences and practical possibilities for human rights integration been explored in any detail. These are the principal gaps that the present book aims to fill, by reference to a sample of the IFIs' most important and controversial contemporary activities.
Since 1945, it is estimated, more people have perished as a result of gross human rights violations than as a result of war, yet we have little knowledge of why governments commit gross human rights violations. The present study, seeking to obtain an understanding of the causes underlying gross human rights violations, compares the human rights situation in a country where gross human rights violations are the rule (Guatemala) with the situation in a country where this type of violations does not occur (Costa Rica). The focus of the study is on the short-term sources within the political system which are perceived by those in power as a threat to their power and which trigger gross human rights violations. Furthermore, the long-term sources or background factors which set the stage and allow gross human rights violations to be perpetrated are analysed. The study concludes by highlighting the causes of gross human rights violations and briefly addresses how these violations are presently dealt with in Guatemala.