Part I: Human Rights and Development: Rhetoric and Reality
1. Human Rights in the Context of Development [January 23]
The first session will provide an introduction to the role of human rights in development policies. In the past, development objectives where defined as economic growth, often without due consideration for the social and political impact of the means used to achieve that growth. These processes may or may not be compatible with human rights compliance. At the same time, human rights need to be understood as a dynamic process themselves. Does the dynamic nature of both fields provide possibilities to reconcile them or do they work against each other? Where do human rights and development thinking and rhetoric intersect, where do they contradict each other?
Required Readings:
Amartya Sen, Development as Freedom, New York: Alfred A. Knopf, 1999 (Ch. 1 - 3).
UNDP, Human Development Report 2000, New York: UNDP-HDRO, 2000 (Ch. 1 & 2)
{www.undp.org/hdr2000/english/HDR2000.html}.
2. Human Rights: Universal, Indivisible, Aspirational? [January 30]
The nature of human rights continues to be a subject of dissent. Numerous acclamations by the United Nations that all human rights are universal, and that the two sets of human rights (“civil and political” and ”economic, social and cultural”) are indivisible and interdependent are often contrasted by political realities. What responsibilities are prescribed in the international human rights covenants to ensure their fulfillment? Is development a right in itself, or is it a process to ensuring rights? What is the human rights understanding of development?
Required Readings:
Henry Steiner/Philip Alston, International Human Rights in Context, Oxford: Oxford University Press, 1996 (Ch. 16: “Development and Human Rights”).
Henry Shue, Basic Rights, Subsistence, Affluence and U.S. Foreign Policy, Princeton: Princeton University Press, 1996 (Intro. & Ch. 1, 2).
Amartya Sen, Development as Freedom, New York: Alfred A. Knopf, 1999 (Ch. 6 & 10).
Martin Scheinin, “Economic and Social Rights as Legal Rights,” in: Asbjorn Eide, et al (eds.), Economic, Social and Cultural Rights: A Textbook, Dordrecht: Kluwer, 1995, pp. 41-62.
Rolf Kuennmann, “A Coherent Approach to Human Rights,” Human Rights Quarterly, Vol. 17, 1995, pp. 323-342.
3. Development as Institutional Change [February 6]
The thinking and rhetoric of development has changed substantially over the last decades. Just as the neo-liberal economic model with a specific twist on export-oriented growth was establishing itself as the new orthodoxy, the Asian financial crises hit in 1997, leaving the current development policy prescriptions yet again with another setback. Today, we are hearing a multitude of voices arguing over the opportunities and risks of intensified economic integration (globalization). How does the debate over development strategies relate to human rights? Are some development/economic models more human rights friendly than others? Do development gains necessarily come at the expense of human rights? Should economic development strategies necessarily wait for/be contingent upon established respect for human rights?
Required Readings:
Douglass North, Institutions, Institutional Change and Economic Performance, Cambridge: Cambridge University Press, 1990 (Part I & III).
Amartya Sen, Development as Freedom, New York: Alfred A. Knopf, 1999 (Ch. 5).
Joseph Stiglitz, Towards a New Paradigm for Development: Strategies, Policies, and Processes – 1998 Prebisch Lecture at UNCTAD, Geneva: mimeo, October 1998.
4. Progress … or Decline: How We Measure Development and Human Rights [February 13]
Development and human rights are both of a dynamic, progressive nature. In order to assess whether we are seeing progress or decline, we need clearly defined indicators and tools for measurement. This class will cover some of the successes in human rights documentation and the challenges – particularly in the field of economic, social and cultural rights – in setting and measuring progress towards full respect for human rights.
Required Readings:
Amartya Sen, Development as Freedom, New York: Alfred A. Knopf, 1999 (Ch. 4, 7).
UNDP, Human Development Report 2000, New York: UNDP-HDRO, 2000 (Ch. 5).
UNDP, Human Development Report 1997, New York: UNDP-HDRO, 1997 (Ch. 1).
Lucia Hanmer/Jon Wilmshurst, “Are the International Development Targets Attainable? An Overview,” Development Policy Review, Vol. 18, No. 1, March 2000, pp. 5-10.
Martin Ravallion, “How Well Can Method Substitute for Data? Five Experiments in Poverty Analysis,” The World Bank Research Observer, Vol. 11, No. 2, August 1996, pp. 199-223.
Part II: Actors and Agendas
5. Avenues for Change: The Role of UN Agencies in Promoting Human Rights [February 20]
The United Nations and its specialized agencies are the key institutions for promoting human rights. This class will review the role of the UN system for helping to promote and ensure respect for human rights. How do UN-agencies such as UNICEF and UNDP incorporate human rights in their development work? Next to the UN, the most important norm setter in human rights is the International Labour Organisation (ILO), whose mandate reaches beyond employment matters into the field of social protection. How do the UN and the ILO go about implementing (enforcing) their standards? How effective has the multilateral human rights regime been?
Required Readings:
Richard Jolly, “Profiles in Success: Reasons for Hope and Priorities for Action,” in: Santosh Mehrotra and Richard Jolly (eds.), Development with a Human Face: Experiences in Social Achievement and Economic Growth, New York: Oxford University Press/UNICEF, 1997.
Allan McChesney, Promoting and Defending Economic, Social and Cultural Rights: A Handbook, Washington, DC: AAAS, 2000 (Chapter 11: ESCR Promotion by Other UN and Regional Human Rights Bodies, and Related Roles for NGOs).
OECD, Trade, Employment and Labour Standards: A Study of Core Workers’ Rights and International Trade, Paris: OECD, 1996 (Ch. 3: Mechanisms to promote core labour standards world-wide).
John G. Ruggie/Georg Kell, Reconciling Economic Imperatives with Social Priorities: The Global Compact (Paper presented at the Carnegie Council on Ethics and International Affairs), New York: mimeo, 2000.
Kenneth Roth, Open Letter to Kofi Annan Regarding the U.N. Global Compact, New York: Human Rights Watch (www.hrw.org), 2000.
6. Aid and Debt: the International Financial Institutions [February 27]
Development strategies (if not paradigms) are strongly influenced by the work of the international financial institutions. The Bretton-Woods-Institutions (World Bank and IMF) play a leadership role in defining prevailing economic development policy. True to their mandates, they see themselves as ‘non-political’ organizations. This meant in the past that they oriented their policies primarily towards raising GDP, without considering the human rights reality in developing countries. The World Bank is attempting noticeable corrections to this approach, by including dimensions of ‘good governance’ in its lending criteria. In the aftermath of the Asian crisis, the IMF is under increased pressure to reformulate its policies as well. What impact do financial institutions have on human rights? Should human rights considerations be part of structural adjustment programmes and aid/debt relief conditionalities? If so, should some rights be prioritized over others?
Required Readings:
UN Commission on Human Rights, The Realization of Economic, Social and Cultural Rights: Human Rights as the Primary Objective of International Trade, Investment and Finance Policy and Practice, UN-ECOSOC: June 1999 (UN Document: E/CN.4/Sub2/1999/11).
World Bank, Development and Human Rights: The Role of the World Bank, Washington, DC: The World Bank, 1998.
Sigrun I. Skogly, “Human Rights and Economic Efficiency: The Relationship between Social Costs of Adjustment and Human Rights Protection,” in: Peter Baehr, et al. (eds.), Human Rights in Developing Countries: Yearbook 1994, Deventer: Kluwer, 1994, pp. 43-66.
Alf Morten Jerve, “Social Consequences of Development in a Human Rights Perspective: Lessons from the World Bank,” in: Hugo Stokke and Arne Tostensen (eds.), Human Rights in Development: Yearbook 1998: Global Perspectives and Local Issues, The Hague: Kluwer Law International, September 1999, pp. 35-66.
7. Non-State Actors in Development: Promoters of Human Rights or Part of the Problem? [March 6]
“Business and Human Rights” has become a buzzword within the human rights discourse. The UN recently initiated the ‘Global Compact,’ an effort to engage the private sector constructively in a dialogue on sustainable development and human rights. What is the role of private sector actors in promoting development and respect for human rights? Can business conduct be positively changed through voluntary mechanisms such as codes of conduct and NGO monitoring? Some companies have been identified as helpful in furthering human rights, while others have been accused of being violators. Can, and if so how, the latter be turned into the former?
Kimberly A. Elliott/Richard B. Freeman, White Hats or Don Quixotes? Human Rights Vigilantes in the Global Economy, Cambridge, MA: NBER Working Paper Series (Working Paper 8102), January 2001.
Janelle Diller, “A social conscience in the global marketplace? Labour dimensions of codes of conduct, social labelling and investor initiatives,” International Labour Review, Vol. 138, No. 2, 1999, pp. 99-130.
Tom L. Beauchamp/Norman E. Bowie (eds.), Ethical Theory and Business, Englewood Cliffs: Prentice-Hall, 1988 (Ch. 4: The Regulation of Business).
Debora L. Spar, “The Spotlight and the Bottom Line: How Multinationals Export Human Rights,” Foreign Affairs, Vol. 77, No. 2, March/April 1998.
Amnesty International, Human Rights - Is it any of your business? A management primer for companies, London: AI, Prince of Wales Business Leaders Forum, 2000.
Part III: Arguing the Case: Human Rights in the Real World
8. Where Development Takes Place: Access to Land and to Markets [March 13]
Control over land is of major importance for human rights as well as for development policy. Historically, land distribution has been one of the most contentious issues in pre-industrialized societies. Development projects such as hydroelectric dams often result in mass displacements and rapid urbanization in developing countries has created new problems of landrights in highly confined spaces. But owning land is only half the battle; making it economically viable the other half. Thus in today’s world of international trade, market access for small cultivators is often elusive. What kinds of land distribution policies are most effective for development? And how can trade policies help or hinder small farmers’ access to markets? How can human rights criteria improve upon those policies?
Required Readings:
To Be Announced.
9. By the Sweat of your Brow: Human Rights in the Workplace [March 27]
Higher levels of employment are a central focus of many economic development strategies. Exploiting their comparative advantage of “cheap labor” is often seen as the only way out of poverty for governments strapped for resources. Due to international debt burdens, many countries prioritize the creation of jobs in export industries, which can help earn the dollars they need to meet payments. Are the dollars earned sufficient to spur development? The original success of the export-driven growth model in East-Asia led donors to recommend investment-friendly policies, often at the expense of labor rights enforcement. What are the theoretical underpinnings and empirical results of this strategy?
Required Readings:
Joseph Stiglitz, Democratic Development as the Fruits of Labor (Presentation to the Industrial Relations Research Association), mimeo, Boston, 2000.
Richard Rothstein, Developing Reasonable Standards for Judging Whether Minimum Wage Levels in Developing Nations Are Acceptable, Washington, DC: Economic Policy Institute, 1996.
Susan Tiano, Patriarchy on the Line: Labor, Gender and Ideology in the Mexican Maquila Industry, Philadelphia: Temple University Press, 1994 (Ch. 5: Fertility, Selective Recruitment and the ‘Ideal Worker’).
Paul Krugman, The Accidental Theorist, New York, London: W.W. Norton and Company, 1998 (Chapter: In Praise of Cheap Labor: Bad Jobs at Bad Wages Are Better than No Jobs at All).
10. Case Study: Evaluating Export Processing Zones [April 3]
The above mentioned development strategy is evident in the so-called export processing zones or special economic zones that are rapidly spreading around the world. The jobs provided by these production zones often pay higher than the minimum wage and offer a steadier stream of income than most people can otherwise obtain. Despite these positive characteristics, some serious human rights violations have occurred in export manufacturing. There have been cases of successful human rights activism resulting in better working conditions and respect for human rights in factories, yet these successes have at times resulted in investors pulling out. This is where this case study picks up the discussion. Student teams will take the positions of a U.S. company formerly doing business in the zone, the USAID representative, the local government, and the trade union in a candid discussion of what went wrong and what could have been done differently.
Required Readings:
Human Rights Watch, Freedom of Association in a Maquila in Guatemala, New York: Human Rights Watch, 1997.
Kurt Petersen, The Maquiladora Revolution in Guatemala, New Haven: Orville H. Schell, Jr. Center for International Human Rights at Yale Law School, 1992 (Ch. 1-3, 6).
11. Development as a Disruptive Process: Stakeholder Participation, Empowerment and Transparency [April 10]
Development is by no means a smooth process: by its very definition, it will change the social and geological landscape in which it takes place. The influx of resources of any kind (e.g. funds for infrastructure, education programs or environmental preservation) will always stir different, if not conflicting, interests within nations. Change then might exacerbate conflicts or even create tensions where none existed before – be it along ethnic, religious, class, gender or sectoral (i.e. agricultural vs. industrial) lines. How can human rights serve as a framework for ensuring that the legitimate interests of all parties involved will be recognized and respected? Who should mediate among the stakeholders? What instruments can be used to adequately share the burdens and the benefits of development projects? What safeguards need to be established to prevent legitimate conflict from erupting into violent confrontation?
Organisation for Economic Co-Operation and Development, Helping Prevent Violent Conflict: Orientations for External Partners (Supplement to the DAC Guidelines on Conflict, Peace and Development: Co-operation on the Threshold of the 21st Century) Paris: OECD, 2001. {www.oecd.org/dac/htm/g-con.htm}
Paul Collier, “Doing Well out of War: An Economic Perspective,” in: Mats Berdal and David Malone (eds.), Greed and Grievance: Economic Agendas in Civil Wars, Boulder: Lynne Rienner Publishers, 2000.
David Shearer, “Aiding or Abetting? Humanitarian Aid and Its Economic Role in Civil War,” in: Mats Berdal and David Malone (eds.), Greed and Grievance: Economic Agendas in Civil Wars, Boulder: Lynne Rienner Publishers, 2000.
Marina Ottaway, “Reluctant Missionaries,” Foreign Policy, July-August 2000
12. Pouring Oil into Lingering Fires: A Case Study in Resource Extraction [April 17]
Extractive industries have one of the worst reputations when it comes to human rights. Mining projects and oil wells are characterized by immobility and high capital intensity. Historically, corporations have been inclined to enlist whatever protection they needed for their projects, often without being too inquisitive about the methods being applied for protection. In this special case, where an oil pipeline from Chad through Cameroon to the Atlantic Ocean is currently being built, the oil companies are very much aware of the risks involved. They therefore asked the World Bank to step into the negotiations as a guarantor for holding national governments accountable to the agreements. The World Bank, in turn, made its participation contingent on the promise of the Chad government to devote a part of the revenue to social spending. Students will argue the case for either the oil companies, the World Bank, the government of Chad or NGOs representing the local population directly affected by the oil fields. The lessons learned by indigenous populations in other countries will serve as a guideline for the discussion: What can be done to avoid the mistakes of the past?
Required Readings:
Dorrit van Dalen/Egbert Wesselink, The Chad Oil Project: Public Participation & Corporate Responsibilities, Utrecht: Pax Christi Netherlands (mimeo), August 1999.
Republic of Chad, Law No. 001/PR/99: Governing the Management of Oil Revenues, N’Djamena, May 1999.
Human Rights Clinical Program of Harvard Law School, Managing Oil Revenues in Chad: Legal Deficiencies and Institutional Weakness, Boston: Harvard Law School Briefing Paper (mimeo), October 1999.
Global Witness, A Rough Trade: The Role of Companies and Governments in the Angolan Conflict, London (www.oneworld.org/globalwitness/reports/Angola/title), 1998.
13. Trade and Human Rights: A Justified Debate? [April 24]
Required Readings:
Jagdish Bhagwati, Streams of Windows: Unsetting Reflections on Trade, Immigration, and Democracy, Boston: MIT Press, 1999 (Ch. 6).
Dani Rodrik, Has Globalization Gone Too Far?, Washington, DC: Institute for International Economics, 1997.
Committee on Economic, Social and Cultural Rights, Statement of the UN Committee on Economic, Social and Cultural Rights to the Third Ministerial Conference of the World Trade Organization, (UN Document: E/C.12/1999/9), New York: UN-ECOSOC, November 1999.
Brian Langille, “Eight Ways to Think about International Labour Standards,” Journal of World Trade, Vol. 31, No. 4, August 1997.
14. The HIV-AIDS Crisis in Africa: Rights in Conflict [May 1]
Sub-Saharan Africa is facing one of the most devastating epidemics in human history with the HIV-AIDS crisis. Recent advances in pharmaceutical research have raised the hope for fighting this tragedy. The treatments, however, are protected by intellectual property rights and too expensive for the countries of southern Africa. African governments have already threatened pharmaceutical companies with not respecting their exclusive rights to manufacture the medication, in order to provide help for their affected people. Other countries, most notably India, have set a precedent for this conflict. The 2001 WTO ministerial meeting in Doha addressed this problem and allowed for a solution that has been labelled a ‘Catch 22’ for developing countries. During the role play, students will argue the case of the stakeholder they are representing to a mock WTO panel.
Required Readings:
To Be Announced