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Thursday, January 31, 2008

[mukto-mona] Q & A - Payam Akhavan International Human Rights Law – From Rhetoric to Reality

Q & A - Payam Akhavan

International Human Rights Law – From Rhetoric to Reality


2007

In your opinion, what are some of the reforms the U.N. need to implement with regard to Human Rights?

The U.N. needs to depoliticize human rights issues by creating independent mechanisms that can assess human rights records of governments and where necessary call for action on pressing issues. This could be done by having a standing Commission of Inquiry with members that are selected based on their impartiality and commitment to human rights rather than political allegiances to particular governments.

 

What options are open to the average Canadian to positively influence International Human Rights?

Canadians can positively influence human rights internationally in a variety of ways. They can seek non-governmental organizations within Canada that have projects abroad and volunteer their resources and expertise including travelling to countries in need of assistance. Canadians can also be well informed of human rights issues and write to their members of parliament calling for action on issues of concern.

 

In your opinion, do peacekeepers have an influence in the countries they are sent to?

Peacekeepers on the whole play a very important role in stabilizing volatile situations and building confidence among antagonistic forces. In many conflicts, their absence would have resulted in prolongation of war and violence. Peacekeepers are ideal where the opposing parties agree to disengage militarily and to engage in a peace process.

Where atrocities are committed against civilians with no end in sight such as in Rwanda, peacekeepers may need an enhanced peace "enforcement" mandate whereby they can forcefully disarm extremist militia and protect civilians against harm, rather than simply being a "neutral" force separating different armies. Also, peacekeepers need to be held accountable for their behaviour and the United Nations should ensure that any misconduct, for example child exploitation and such other abuses, leads to accountability. The United Nations recently sent peacekeepers home because of such abuses.

Finally, peacekeepers are most effective where there is a parallel process of "peace-building" whereby military disengagement is replaced with a constructive process of social reconstruction and political reconciliation which is the only basis for lasting peace. Peacekeepers are meant to be a temporary measure and ultimately without confidence and democratic institutions and cultures in place, societies would simply fall back into patterns of conflict.

Is there any hope for the United Nations and can it become a credible institution again?

The credibility of the UN depends largely on the willingness of its Member States to transcend their narrow interests with a view to furthering the common interests of all nations. Global interdependence is not a vague and pious aspiration; it is an inescapable and all-pervasive reality. Either we achieve political unity in order to equip the UN with the tools and resources that it needs to be effective, or we will be forced to do so because of future calamities. The UN was born in the ashes of the Second World War; its necessary far-reaching reform should be based on a broad proactive vision rather than a reaction to yet more horrors, and in the age of nuclear terrorism, genocide, and global warming, we should not delude ourselves into believing that our civilization is immune from fundamental threats to its existence, or that unilateral solutions can be devised to confront such threats.

 

How can one differentiate legally between a justified act of war and crimes against humanity?

An act of war or recourse to armed force refers to the decision to use military coercion as a political instrument. The use of force must either be in self-defence where there is an armed attack against a State, or its must be a collective security measures authorized by the Security Council under the UN Charter. So long as these requirements are satisfied, use of force is consistent with international law. Crimes against humanity refers to widespread or systematic human rights abuses against a civilian population. Recourse to war does not necessarily imply collective attacks on civilians and thus use of force does not necessarily amount to crimes against humanity. But where its purpose is to victimize civilians, such as when war is initiated to achieve "ethnic cleansing" against a minority group, then the use of force can amount to crimes against humanity.

 

How long is the term for a Supreme Court Judge and how is this determined?

The Responsibility to Protect peoples against genocide and similar crimes requires the political will of UN Member States, and the Security Council in particular, to take decisive action where necessary. Unfortunately, States are not willing to act where their immediate interests are not threatened. But this short-sightedness sometimes means that a manageable conflict escalates into large-scale violence which threatens international peace and security. Effective preventive action requires an understanding that it is more cost-effective to intervene prior to the escalation of violence into genocidal proportions. This is not merely a question of humanitarian imperatives, but also of realpolitik, or a realistic understanding of how the long-term interest in maintenance of stability can be best achieved. It is only in awakening this political and moral consciousness that the UN will begin to effectively intervene against genocidal violence where there are no immediate geopolitical or other interests of powerful States to act.

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Sign the Petition : Release the Arrested University Teachers Immediately : An Appeal to the Caretaker Government of Bangladesh

http://www.mukto-mona.com/human_rights/university_teachers_arrest.htm

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Daily Star publishes an interview with Mukto-Mona
http://www.mukto-mona.com/news/daily_star/daily_star_MM.pdf

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MM site is blocked in Islamic countries such as UAE. Members of those theocratic states, kindly use any proxy (such as http://proxy.org/) to access mukto-mona.

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Mukto-Mona Celebrates 5th Anniversary
http://www.mukto-mona.com/Special_Event_/5_yrs_anniv/index.htm

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Mukto-Mona Celebrates Earth Day:
http://www.mukto-mona.com/Special_Event_/Earth_day2006/index.htm

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Kansat Uprising : A Special Page from Mukto-Mona 
http://www.mukto-mona.com/human_rights/kansat2006/members/


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MM Project : Grand assembly of local freedom fighters at Raumari
http://www.mukto-mona.com/project/Roumari/freedom_fighters_union300306.htm

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German Bangla Radio Interviews Mukto-Mona Members:
http://www.mukto-mona.com/Special_Event_/Darwin_day/german_radio/


Mukto-Mona Celebrates Darwin Day:

http://www.mukto-mona.com/Special_Event_/Darwin_day/index.htm

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               -Beatrice Hall [pseudonym: S.G. Tallentyre], 190




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