Human Rights Monitoring, Fact-Finding and Documentation

MONITORING, FACT-FINDING & DOCUMENTATION MONITORING -- the close observation of a situation or individual case carried out so as to determine what further action needs to be taken. FACT-FINDING -- identifying the violations in one event, and establishing the facts relevant to these violations. Fact-finding and investigation are terms that are used interchangeably. DOCUMENTATION -- the systematic recording of the results of the investigation of an event Monitoring usually involves the investigation and documentation of a large number of events

MONITORING -- the close observation of a situation or individual case carried out so as to determine what further action needs to be taken.

FACT-FINDING -- identifying the violations in one event, and establishing the facts relevant to these violations. Fact-finding and investigation are terms that are used interchangeably.

DOCUMENTATION -- the systematic recording of the results of the investigation of an event

Monitoring usually involves the investigation and documentation of a large number of events

The cooking analogy

Monitoring The close observation of a situation or individual case Carried out to determine what further action is needed

The close observation of a situation or individual case

Carried out to determine what further action is needed

Elements of Monitoring: Carried out over an extended period of time Involves collecting or receiving a large quantity of data Requires constant or periodic investigation and documentation of developments Uses standards or norms to assess the situation Results in a report , which provides a basis for further action

Carried out over an extended period of time

Involves collecting or receiving a large quantity of data

Requires constant or periodic investigation and documentation of developments

Uses standards or norms to assess the situation

Results in a report , which provides a basis for further action

Example of a Norm RIGHT: Right to Life INTERNATIONAL STANDARD: “No one shall be arbitrarily deprived of his life.” (Article 6 (1) of the International Covenant on Civil and Political Rights)

RIGHT: Right to Life

INTERNATIONAL STANDARD: “No one shall be arbitrarily deprived of his life.” (Article 6 (1) of the International Covenant on Civil and Political Rights)

Monitoring for gaps at two levels: Between universally accepted standards and domestic (national) legislation Between domestic standards and how they are applied in reality Monitoring Gaps DOMESTIC STANDARDS DOMESTIC APPLICATION UNIVERSAL STANDARDS

Monitoring for gaps at two levels:

Between universally accepted standards and domestic (national) legislation

Between domestic standards and how they are applied in reality

Types of Monitoring SITUATION MONITORING monitors… Human Rights Violations Legislation Laws and Policies Human Rights Institutions (establishment and progress) CASE MONITORING monitors… An individual client’s legal case proceedings Relief and rehabilitation services provided to a client Other forms of intervention in the case

SITUATION MONITORING monitors…

Human Rights Violations

Legislation

Laws and Policies

Human Rights Institutions (establishment and progress)

CASE MONITORING monitors…

An individual client’s legal case proceedings

Relief and rehabilitation services provided to a client

Other forms of intervention in the case

Scope of Monitoring Monitoring may be broad or narrow in its scope, varying in terms of… RIGHTS COVERED Broad – ex. A report on the performance of a government regarding civil and political rights Narrow – ex. A report on disappearances in one country TARGET GROUPS Broad – ex. Monitoring the entire population of a country Narrow – ex. Focusing on specific sectors, such as : – children, ethnic minorities, workers, prisoners, etc. GEOGRAPHICAL SCOPE Country-wide is the most common, but a different focus includes: Broad – ex. Large regional areas, such as Eastern Africa Narrow – ex. Smaller regional areas, such as a depressed locality

RIGHTS COVERED

Broad – ex. A report on the performance of a government regarding civil and political rights

Narrow – ex. A report on disappearances in one country

TARGET GROUPS

Broad – ex. Monitoring the entire population of a country

Narrow – ex. Focusing on specific sectors, such as :

– children, ethnic minorities, workers, prisoners, etc.

GEOGRAPHICAL SCOPE

Country-wide is the most common, but a different focus includes:

Broad – ex. Large regional areas, such as Eastern Africa

Narrow – ex. Smaller regional areas, such as a depressed locality

Why Monitor? REACTIVE RESPONSES Pinpoint defects in a situation or case and indicate remedies (Most common general purpose) Decide whether steps towards improvement are working EARLY WARNING Present an assessment of a situation to cite the likelihood of conflict well in advance so that mechanisms of intervention may be established

REACTIVE RESPONSES

Pinpoint defects in a situation or case and indicate remedies

(Most common general purpose)

Decide whether steps towards improvement are working

EARLY WARNING

Present an assessment of a situation to cite the likelihood of conflict well in advance so that mechanisms of intervention may be established

Monitoring Purposes (Including, but not Limited to…) ASSISTING governments in applying international standards PRESSURING governments to adopt and implement these standards through such actions as publicity campaigns UNDERTAKING domestic legal action (i.e. take cases to court) ENHANCING public awareness through actions like publicity campaigns AIDING victims PROVIDING early warning in potential conflict areas

ASSISTING governments in applying international standards

PRESSURING governments to adopt and implement these standards through such actions as publicity campaigns

UNDERTAKING domestic legal action (i.e. take cases to court)

ENHANCING public awareness through actions like publicity campaigns

AIDING victims

PROVIDING early warning in potential conflict areas

Primary Monitoring Methodologies Indicators-Based Methodology Acts-Based Methodology (“Events Methodology”)

Indicators-Based Methodology

Acts-Based Methodology

(“Events Methodology”)

Indicators-Based Methodology An INDICATOR demonstrates where something is, what direction it is headed, and how far it is from the objective. May be: Result (Ex. – mortality rate) Process (Ex. – Proportion of children immunized against childhood diseases) A BENCHMARK refers to the level to be met when using a certain indicator (Ex. 90% of all children under 5 years immunized )

An INDICATOR demonstrates where something is, what direction it is headed, and how far it is from the objective. May be:

Result (Ex. – mortality rate)

Process (Ex. – Proportion of children immunized against childhood diseases)

A BENCHMARK refers to the level to be met when using a certain indicator

(Ex. 90% of all children under 5 years immunized )

Events-Based Methodology “A single case of killing is one too many.” Has been used by human rights groups and NGOs for decades for visible types of violations , such as: killings, abductions, torture, and detention Involves investigating events and determining which acts within the event may be or lead up to violations. These include acts of: Commission (ex. – beating a detainee; executing a labour leader) Omission (ex. – failing to protect a labour leader from being killed)

Has been used by human rights groups and NGOs for decades for visible types of violations , such as:

killings, abductions, torture, and detention

Involves investigating events and determining which acts within the event may be or lead up to violations. These include acts of:

Commission (ex. – beating a detainee; executing a labour leader)

Omission (ex. – failing to protect a labour leader from being killed)

INDICATORS-BASED METHODOLOGY EVENTS/ACTS-BASED METHODOLOGY RIGHT TO HEALTH MORTALITY RATE CASES OF DENIAL OF TREATMENT SURVEYS, CENSUS INVESTIGATION AND DOCUMENTATION OF EVENTS

Events Methodology’s Main Problems Monitoring body may miss some events due to (amongst other reasons): Lack of local contacts “ Private matter” (thus unreported) Inability to investigate and document all events a monitoring body learns about due to (for example): An ongoing military operation Unwillingness of actors to be interviewed

Monitoring body may miss some events due to (amongst other reasons):

Lack of local contacts

“ Private matter” (thus unreported)

Inability to investigate and document all events a monitoring body learns about due to (for example):

An ongoing military operation

Unwillingness of actors to be interviewed

What are human rights violations? The failure of the state to meet three kinds of obligations: Respect Protect Fulfil

The failure of the state to meet three kinds of obligations:

Respect

Protect

Fulfil

Obligation to Respect To abstain from doing anything that violates the integrity of an individual, or group, or infringes on their freedom. This may include such acts as: Extra-judicial killing (violates the obligation to respect an individual’s right to life) Arbitrary arrest (violates the obligation to respect an individual’s right to liberty) Banning a trade union (violates the obligation to respect a group’s right to freedom of association) Restricting the practice of a specific religion (violates the obligation to respect an individual’s freedom of religion)

To abstain from doing anything that violates the integrity of an individual, or group, or infringes on their freedom.

This may include such acts as:

Extra-judicial killing (violates the obligation to respect an individual’s right to life)

Arbitrary arrest (violates the obligation to respect an individual’s right to liberty)

Banning a trade union (violates the obligation to respect a group’s right to freedom of association)

Restricting the practice of a specific religion (violates the obligation to respect an individual’s freedom of religion)

Obligation to Protect To take the necessary measures necessary to prevent others from violating the rights of an individual or group. This may include acts of omission, such as: Failure to acts when a specific group, such as an ethnic group, attacks another Failure to compel companies to pay decent wages

To take the necessary measures necessary to prevent others from violating the rights of an individual or group. This may include acts of omission, such as:

Failure to acts when a specific group, such as an ethnic group, attacks another

Failure to compel companies to pay decent wages

Obligation to Fulfil To ensure opportunities for each person to obtain satisfaction of needs recognized by human rights instruments that cannot be secured through personal efforts alone. These include acts of omission, such as: Failure to adopt a basic health care system Failure to implement a free education system at the primary level

To ensure opportunities for each person to obtain satisfaction of needs recognized by human rights instruments that cannot be secured through personal efforts alone. These include acts of omission, such as:

Failure to adopt a basic health care system

Failure to implement a free education system at the primary level

Basic Elements of a Human Rights Violation Case PERPETRATOR ACT VICTIM

An event may consist of: A single act , such as killing a labour leader or bombing an office A series of acts , such as ARREST TORTURE EXECUTION Simultaneous acts , such as beating several protestors during a demonstration

A single act , such as killing a labour leader or bombing an office

A series of acts , such as

ARREST TORTURE EXECUTION

Simultaneous acts , such as beating several protestors during a demonstration

Names of Types of Acts Universally accepted names of violations include: Extra-judicial execution Disappearance Torture Displacement Others may be categorized according to the rights they violate, such as: Restriction of the right to movement Denial of the right to bail

Universally accepted names of violations include:

Extra-judicial execution

Disappearance

Torture

Displacement

Others may be categorized according to the rights they violate, such as:

Restriction of the right to movement

Denial of the right to bail

Varying Durations of Events Instantaneous (ex. – killing) Endure for some time (ex. – torture) Take years from start to end (ex. – the case of an accused person) This demonstrates the need for follow-up documentation.

Instantaneous (ex. – killing)

Endure for some time (ex. – torture)

Take years from start to end (ex. – the case of an accused person)

This demonstrates the need for follow-up documentation.

Rights of Arrested/Accused: Release in case of unlawful arrest Presumption of innocence Adequate time and facilities to prepare defence Trial by an impartial and independent jury Fair and public trial Free assistance of an interpreter Equality of arms Prompt and detailed information Speedy trial Legal assistance Freedom from double jeopardy

Release in case of unlawful arrest

Presumption of innocence

Adequate time and facilities to prepare defence

Trial by an impartial and independent jury

Fair and public trial

Free assistance of an interpreter

Equality of arms

Prompt and detailed information

Speedy trial

Legal assistance

Freedom from double jeopardy

Who is a victim?

Perpetrator Characteristics May be an individual or a group May have varying levels of involvement, such as: Directly carried out the act Gave orders that lead to the act Was present but did not participate in the act

May be an individual or a group

May have varying levels of involvement, such as:

Directly carried out the act

Gave orders that lead to the act

Was present but did not participate in the act