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Executive Summary: Working Group on Human Rights and Humanitarian Law

Coordinator

Mamadou Ndiaye (Office Africain pour le Développement et la Coopération)

Assistance

Francesca Pizzutelli (Mandat International)

The working group addressed seven main themes throughout the Forum. It began with an introduction to UNHCHR Mechanisms for Human Rights, with a special focus on the possibilities of NGOs involvement. This session illustrated the main challenges to human rights, including the restrictions after September 11^th. The second session illustrated the role of NGOs in protection against torture: special attention was given to practical ways in which national and international NGOs can cooperate with each other and with the UN in the fight against torture. The third was a joint session of the two working groups on Human Rights and Humanitarian Law and on Human Development. It discussed the impact of international trade and cooperation on human rights and focused on the need to reconcile globalization with economic, social and cultural rights. The fourth session concerned the protection of civilian populations: different definitions of civilian population and several methods of protecting civilians in war conflicts were found. The fifth session stressed the relations and the cooperation between human rights law and humanitarian law, with a special focus on how NGOs can contribute to the implementation of both legal systems. The sixth session discussed strengthening human rights and humanitarian law at the international and regional levels through national implementation, NGO action and the principles of international law. Special focus was laid on how NGOs can reinforce international law and support states in implementing it at the national level. The last session was dedicated to the role of civil society in the implementation of human rights and humanitarian law: examples taken from the NGOs’ experience demonstrated that civil society can significantly influence the development of international law and actively participate in the implementation of human rights.

Concrete recommendations

Reinforce protection against torture

NGOs have a key role in making individuals, communities and the media aware of torture cases. Their work and efforts have to be focused on human rights education, the training of police and preventive visits to places of detention.

Trade and economics

As the current economic system is at the root of many human rights violations, the working group recommends a human approach to trade, e.g. the adoption of the non-discrimination principle, the need for balance and the accessibility of essential services (water-resources for instance). This can be achieved by strengthening legal mechanisms and supervision at the national and regional level.

International penal law

NGOs urge the States to enforce the principle of “universal jurisdiction”, which allows any country to prosecute perpetrators of crimes against humanity, war crimes, genocide and torture, regardless of where the crime has taken place and regardless of the nationality of the perpetrator. On the one hand, efforts must be focused on educating and training the judiciary (judges and lawyers), and on the other hand, on limiting the principle of immunity.

Promotion and protection of human rights

Every State needs to be held accountable for human rights violations. Existing UN mechanisms for human rights should be reinforced by increasing regional cooperation and collaboration among NGOs and the Human Rights Commission.