Browsing by Subject "accountability"
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    Acts of accountability : the individuals moral responsability to protect refugees rights when the rule of law in modern States fails to do so
    ( 2013) Arvidsson, Amélie ; Yahyaoui Krivenko, Ekaterina
    When human rights violations occur within the rule of law of modern states as a result of the instrumentalisation of human rights, it is inevitable to ask what role and moral responsibility the individual has to protect them. Not least if the rights are referred to as fundamental. This thesis addresses the individual’s role and moral responsibility to protect refugees’ rights when the rule of law in modern societies fails to do so. Furthermore, the thesis aims to look at the interaction between the morally responsible individual and the rule of law in those situations. Different theories of moral philosophy will be presented. The moral theories of Immanuel Kant will be presented and analysed as he has had strong influence on the emergence of modern thinking. From his theories will follow critique deriving from philosophers in the area of contemporary moral philosophy; among which the foremost will be Hannah Arendt and Zygmunt Bauman. A specific case-study will then be provided in order to implement the theories of the different philosophers into practice. The case concerns the Swedish authority’s deportation practices of Christian Iraqis. From without the moral negotiations possible consequences will be discussed. These possible consequences culminate from negative resistance, based on what ought not to be done, and positive action, based on what ought to be done.
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    Children’s rights budgeting and social accountability: Children’s views on its purposes, processes and their participation
    (Global Campus of Human Rights, 2020) Lundy, Laura ; Orr, Karen ; Marshall, Chelsea
    Children’s rights budgeting is an international human rights priority and the focus of the UN Committee on the Rights of the Child’s 2016 General Comment on Public Budgeting for the Realisation of Children’s Rights. General Comment 19 was informed by a consultation that gathered the views of 2 693 children in 71 varied national contexts across all five UN regions. The article describes the process and findings of this consultation, setting out the views of children across the world as to how their governments should make spending decisions that are sufficient, equitable, efficient, transparent and participatory. The consultation provides unique insights into how children in very different contexts think about the ways in which their governments can and do allocate public funds for children and their families in ways that support or undermine the realisation of their rights. The article identifies some of the barriers to including children in decision making on public spending, but challenges assumptions that they are not able to be or interested in being involved. It suggests that if participatory budgeting is to be effective for children, it will require bespoke forms of social accountability. Key words: children’s rights; participation; budgeting; social accountability
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    Chronic hunger and accountability: a study on the right to adequate food and levels of impunity
    ( 2011) Bournonville, Alexandra : de ; Bne Saad, Majda
    Chronic hunger is the result of man-made action or inaction and unequal power relations from local to international scales, restricting the access to food to the powerless who go hungry. This reality has been exacerbated through globalisation process which has undermines States sovereignty and threatened the realization of the right to food. Because it is not visible and affects the most vulnerable groups, chronic hunger does not represent political and economic issue for policymakers, the public and the international community. The purpose of this study is to examine the relationship between chronic hunger and impunity, to discuss the implications of the liability of national and international actors in the occurrence of hunger and to determine the factors contributing to the occurrence of chronic hunger. Taking the starting point of famine paradigm shift, this study argues that chronic hunger persists because the political will to eliminate it is lacking and that its occurrence is a consequence of impunity. The lack of political will is determined by the loophole of State extraterritorial obligations and the lack of responsibility of global actors, which bring about a lack of accountability for violations of the right to food.
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    Coherence and efficiency of the EU external policy related to conflict and crisis
    (FRAME, 2016-09) Márquez Carrasco, Carmen ; Alamillos Sánchez, Rocío ; Íñigo Álvarez, Laura
    The present Report is part of Work Package 10 (WP 10) ‘Human Rights Violations in Conflicts’ of the FP7 research project ‘Fostering Human Rights Among European (External and Internal) Policies’ (FRAME). On the basis of the previous research developed in WP 10, this report is aimed at providing policy recommendations on how to foster the coherence and efficiency of the EU external policy related to all phases of crisis and conflicts to prevent and overcome violence through the critical assessment of the instruments available to the EU to integrate human rights, international humanitarian law and democracy/rule of law principles. Information was gathered and analysed in previous reports of WP 10. First, FRAME Report D. 10.1 entitled ‘Survey study on human rights violations in conflict-settings’ explores the various patterns of human rights violations related to conflict and violent crisis situations, with a specific focus on the rights of vulnerable groups, as well as on the role of non-state actors as key players in the context of new forms of violence and war. Second, FRAME Report 10.2 entitled ‘Applicable regulatory frameworks regarding human rights violations in conflicts’ analyses and clarifies the relationship between the regulatory frameworks applicable in conflict situations: international human rights law (IHRL), international humanitarian law (IHL) and the legal regime for humanitarian assistance, as well as international refugee law (IRL) and international criminal law (ICL) with particular attention given to vulnerable groups in conflict situations. Third, FRAME Report 10.3 ‘Case study: CSDP’ provides a critical assessment of the integration of human rights, humanitarian law and democracy/rule of law principles and tools into EU CSDP policy and missions. The report looks into the framework and implementation of the EU policy on human rights and gender mainstreaming in CSDP and in relation to the promotion and protection of human rights of vulnerable groups. The report examines the applicability of human rights and IHL to CSDP and the existing safeguards that seek to prevent violations of human rights and IHL in the course of the mandate. The recommendations provided in the present report also take due account of existing lessons learned and best practices, not only at the EU level but at the level of other crisis management actors, in particular the United Nations (UN). In addition, there are references to other studies in the area of CSDP containing recommendations in relation to more concrete issues that fall outside the scope of the present Deliverable 10.4. The study is structured in five chapters, including the introduction. The second chapter contains general recommendations to the EU on external action, which also concern Member States’ relations with third countries and organisations. The third chapter provides recommendations on the EU’s comprehensive approach to conflict and crises and how it can be improved with regards to crisis management policies to strengthen support to human rights policies. The fourth chapter addresses several aspects related to the EU intervention in conflict and crisis situations: applicable law, responsibility and accountability. As analysed in previous reports, the inter-operatibility between IHL and IHRL has also implications for EU crisis management interventions, in terms of the applicable legal framework and responsibility in the for violations of the applicable norms. The last chapter focuses on the protection of vulnerable groups in EU crisis management interventions, providing recommendations for the improvement of the implementation of current policies and for the adoption of new frameworks for other groups. In this regard, gender mainstreaming, the protection of children in armed conflict and the protection of civilians have been subject to more extensive policies and protection in the conduct of operations. However, other groups such as refugees, internally displaced persons (IDPs) and minorities whose rights are directly affected by EU security policies have not received attention to the same extend.
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    Democratizing global governance through the use of a joint legal/market accountability system: the bet of the World Bank and corporate social responsibility
    ( 2009) Gellert, Raphael ; Klabbers, Jan
    The idea of this Master's thesis was born from the observation that what is referred to as globalisation is deeply affecting the world we live in. Indeed, more and more transnational institutions are entrusted with (regulatory) powers that had always been thought of as solely belonging to States. However, they are far from being democratic. This thesis will focus on one of those institutions: the World Bank; with the aim of making it more accountable. Indeed, in accordance with the Global Administrative Law project, I argue that, as far as today, accountability is the form of democratic responsibility which is best adapted to the global paradigm. After having described how the World Bank interprets its mission of poverty alleviation, I shall proceed to an in-depth analysis of the concept of accountability. On that basis I will analyse the accountability mechanisms existing at the Bank, and conclude that they do not conform to the concept. Therefore, I will argue for a new accountability mechanism: a joint legal/market accountability system, through the use of Corporate Social Responsibility instruments, which will build upon the World Bank's mission. To that end, I will demonstrate that the field of development can be framed as a market, and that the World Bank has a dual nature (Corporation and Public Institution). Finally, I will outline in what ways the proposed solution can work.
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    From rethoric to reality: the need to regulate humanitarian accountability to beneficiaries
    ( 2005) Soto, Miguel ; Quénivet, Noelle
    The impact of the Joint Evaluation of Emergency Assistance to Rwanda was considerable in raising awareness among the humanitarian community on the necessity to adopt quality standards and principles in their performance and be accountable to their beneficiaries. Quality and accountability standards have been widely integrated into the policies of humanitarian organisations. However, humanitarian organisations’ performance has not always reflected compliance with these commitments, and thus, sometimes they have caused serious harm to the people whose suffering they intend to alleviate. This was the case in the 2002 scandal of sexual exploitation and abuse of refugee girls and women by aid workers in West Africa. The humanitarian community is well aware of its accountability deficit to its beneficiaries; however, there is not much consensus on how to fill this gap between rhetoric and reality. Is it by including specific standards in order to strengthen accountability to beneficiaries? Or by supporting technically and strategically humanitarian organisations to be accountable to their beneficiaries? Is it by creating a ‘watchdog’ organisation with the power to monitor, evaluate and sanction their non-compliance with this responsibility? Or is it by letting humanitarian organisations self-regulate their performance regarding accountability to their beneficiaries? Considering these issues, the author analyses the advantages and disadvantages of each solution. One thing is for certain, though, in emergency situations there is an imbalance of power between humanitarian actors and their intended beneficiaries. Thus, with power comes responsibility and with responsibility comes accountability
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    Holding corporations accountable for human rights violations: international regulation, voluntarism or co-regulation?
    ( 2005) Lagally, Erika ; Benoit Frydman ; Hennebel, Ludovic
    The starting point of this paper is the fact that the number and power of transnational corporations (TNCs) has grown considerably over the last decades. Under international human rights law, the host states of TNCs have the obligation to ensure that corporations under their jurisdiction do not violate human rights. However, many TNCs are operating in host states which are not able or not willing to fulfil this obligation. Thus, there is an “accountability gap” in international law – TNCs have the opportunity to increase their profits by violating human rights without having to fear legal prosecution. This paper examines how transnational corporations can be held accountable when they violate human rights. It is argued that the current avenues dealing with the issue of corporations and human rights – (1) regulation via the host states of TNCs, (2) regulation via the home states of TNCs as well as (3) voluntary initiatives by corporations usually referred to under the term “corporate social responsibility” – contribute to the accountability of corporations, but are not a sufficient answer to corporate human rights violations. Two main options are discussed that should be explored to close the accountability gap: (1) international enforcement of corporate human rights obligations and (2) the concept of “co-regulation”, which combines voluntary and regulatory initiatives. The present paper concludes that while the existing avenues should be maintained and strengthened, they should be combined with international enforcement and co-regulatory initiatives in order to hold TNCs accountable for human rights violations.
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    Hope for the Northern triangle's lost generation : battling detention of unaccompanied children at the Southern border of México
    ( 2017) Nomdedeu Díaz-Valero, Andrea ; Marouda, Maria Daniella
    Since former President Barack Obama declared an humanitarian crisis when up to 50.000 unaccompanied children crossed into the United States in 2014, relations between the US and Mexico to control the tide of migrants crossing the Guatemalan-Mexican border led to the adoption of the South Border Program, which main result has been the increase of detentions and deportations of migrants in México. Since 2014, México has taken steps forward to presumably protect unaccompanied children, new legislation accurately protecting children has been adopted and new protection figures have been set down in the law. Nevertheless, violations to this compromise are constantly being claimed by civil society. The use of tricky legal terms and a so-called alternative to detention program have been the tools to avoid its responsibility. In the light of this study there is going to be answered whether México can be accountable for the breaches committed to its own legislation while demonstrating how a proper alternative to detention program can be beneficial for the State, host community and children. For this purpose secondary sources, reports and visit to the field, whereby interviews with different stakeholders were taken, will be the tools to collect the data regarding the accountability of México due to the breaches of international and national legislation when detaining unaccompanied children.
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    Hope for the Northern triangle's lost generation : battling detention of unaccompanied children at the Southern border of México
    (EIUC, 2017) Nomdedeu Díaz-Valero, Andrea ; Marouda, Maria Daniella
    Since former President Barack Obama declared a humanitarian crisis in 2014, a time when up to 50,000 unaccompanied children crossed into the United States, cooperation between the US and Mexico to control the tide of migrants crossing the Guatemalan-Mexican border led to the adoption of the South Border Program. Despite its proclaimed aim to protect people crossing the south border of Mexico, the main result has been an increase in detentions and deportations of migrants and asylum seekers entering the country. In this regard, steps have been taken by Mexico to presumably protect unaccompanied children, thus, new legislation protecting children, has been adopted and new protection figures, based on the principle of best interests of the child, have been set down in law. Nevertheless, violations to the rights of the children have been continuously reported by civil society and international organisations. The use of tricky legal terms, a lack of harmonisation of the law and a so-called alternative to detention programmes have been the tools used to avoid its responsibility. This study aims to explore how Mexico can render accountability for the breaches committed to its own legislation. It will be demonstrated how a proper alternative to detention program can be beneficial for the state, host communities and children. For this purpose, an analysis of primary and secondary sources, reports, policies and practice, as well as a trip to the field for fact-findings, will be the tools used to answer the question regarding the accountability of Mexico concerning the breaches of international and national legislation when detaining unaccompanied children.
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    Human rights cities: “walking the walk” or “talking the talk”? Analysing the responsibility of human rights cities for their human rights commitment
    ( 2020) Deklerck, Jasmien ; Oberleitner, Gerd ; Fischer, Gregor
    In the context of widespread urbanisation and glocalization the importance and the potential of the local level in implementing Human Rights Law are being increasingly acknowledged, both at the international, regional and local levels, with the Human Rights City as one of its upshots. Holding the local level, and more specifically the Human Rights City, responsible for its human rights commitment has, however, been largely ignored. No standardised way to verify whether Human Rights Cities are “walking the walk” instead of “talking the talk” is available. Consequently, this study focuses on the ramifications and the operationalising of the responsibility for the human rights commitment of so-called Human Rights Cities. First, the general ways by which urban actors translate human rights norms into specific courses of action are analysed; following that, the concept of a “Human Rights City”, its objectives and general practices are scrutinised. This analysis leads to the conclusion that the current operation of Human Rights Cities sometimes bears witness to the practice of ‘rhetoric without accountability’ and that some practices are more lenient towards and suitable for incorporating the enforceable side of human rights. Subsequently, it is questioned whether the international and regional levels provide some mechanisms to hold a Human Rights City responsible for not living up to its human rights commitment. The still too much state-centred focus of Human Rights Law, and the non-binding nature (entailing the need of support of the local level itself) and lack of focus on enforcement mechanisms of the documents specifically targeting the local level and urban actors, however, led to a negative answer. Therefore, after assessing some already established good practices in existing Human Rights Cities, the term “responsibility mechanisms” covering both monitoring and enforcement mechanisms is coined and some suggestions of such mechanisms are provided. Additionally, a list of principles that should be taken into account at all times when developing responsibility mechanisms is drafted. This study can be the first step on which further analysis regarding the responsibility of Human Rights Cities for their human rights commitment can build. Particularly, on the one hand, the identified principles that should be taken into account at all times, and, on the other hand, the specific suggestions regarding responsibility mechanisms can prove to be a useful starting point for more research by academia or the Human Rights Cities already eagerly willing to “walk the walk”.
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    Humanising the global player: a human rights-based approach for bridging the accountability-gap of the International Monetary Fund
    ( 2009) Jennings, Satya ; Hennebel, Ludovic
    Human rights accountability is indispensable for the legitimacy of powerful organisations such as the International Monetary Fund (IMF). By assessing the role of the world’s primary monetary agency regarding human rights and development, the paper discusses why the global actor must be answerable to the broad public for its policies. The objective of the present paper is to elaborate a practical accountability framework tailored to the IMF, consisting of the key elements transparency, stakeholder participation, evaluation and fair complaint mechanisms. These principles are commonly associated with good governance but in many ways, they are congruent with a human rights-based approach to development. This paper claims that international human rights standards must be an integral part of accountability mechanisms and of the IMF’s policies in general. For bridging the Fund’s current legitimacy deficit, the application of a human rights-based approach to development is suggested: It provides a practical instrument for the achievement of human rights accountability, containing benefits for the organisation which go beyond human rights. The paper concludes that a principles and a human rights-based approach potentially provides the IMF with a framework for human rights accountability but its operationalisation remains challenging.