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 11th. 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.
Individual sessions in this working group
- Introduction to UNHCHR Mechanisms for
Human Rights
- Protection Against
Torture
- Globalization and
economic, social and cultural rights
- Protection of civilians
against violence: the humanitarian challenges
- How to strengthen
complementarities and cooperation between human rights and
humanitarian law
- How to strengthen
the effectiveness and universality of human rights and humanitarian
law at the international and regional levels
- The role of civil society in
the implementation of human rights and humanitarian law
- Wrap-up session
See also
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