Thursday, May 25, 2006

POLI 398 Int'l relations conflict resolution: Class of October 14, 2004

POLI 398 Int'l relations conflict resolution
Class of October 14, 2004

Class given by Me Catherine Duhamel
Practicing int'l human right law for 10 years
worked in Rwanda, Zaire, Kenya (election watch), Haiti

Pragmatic outview on local applications & handling of HR issues
how do we implement HR, denial of right influence on peace, is HR part of conflict resolution

HR: right possessed by an individual that cannot be withheld or withdrawn by a government, state

2 types:
a) economic, social & cultural
b) civil & political

Org of american states: case of Haiti abuses of HR, 1984, 2000

article 25 of UN covenant on civil & political rights.

in practice:
in a electoral context, the law is the tool to say how election is run, who is qualified to supervise, run, vote.

Haiti: constitutional order disruption (coup) in 1991
major election in 2000

insecurity, executions (reporters as well: Jean Dominique, the Bernard Derome of Haiti)
some perpretators and victims take refuge abroad, like in Canada, seeks refugee status

civic education
registration of voters
"tire-burning" demonstrations
training of electoral employees (illiterates, lack of material, poor enforcement of regulations at polling stations)
transport of voting material to polling station a way to rigg election (not transporting material to some area where you do not want people to cast ballot)
massive turnouts, long lines at polling station
secrecy of act of voting
intimidations - small communities bullying
police interventions
armed people presence
confusion in transmission of information betwen electoral offices on election day
logistic support lacking (electricity shortage)
attacks during counting of ballots

west civz: HR as primary rights
in developping countries where basic need are not met, civil rights and other HR takes a backseat and depends upon the will of political leadership

in canada, 12 000 victims of torture from all over the place, americas, africa, mid-east
3 canadians victims of torture abroad (Arar, Sampson, Kazemi), all dual-nationals.

perpetrators: 1995 investigation of war-crime unit
perpetrators have money, provisions
some not lucky enough: taxi driver, professors, among us
some less notorious than others (some are ex-ministers, officials of military juntas)
2002 int'l criminal court, institutions thats gonn hear instigators of massacres and genocide. tough to go for small-time criminal perpetrators

in canada, its possible to criminally prosecute them, civil prosecution (compensation), transfer them to internatiional tribunal, refuse refugee status

canada never prosecuted war criminals, but for court-martial of canadian militaries that abused somalis.

canada's action in foreign policy and in domestic policy are paradoxical

in practise, HR laws are applied conservatively, while it should be enforced more liberally

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