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HUMAN RIGHTS AND DEMOCRACY2
HUMAN RIGHTS AND DEMOCRACY/SUMMARY:
Uganda is signatory to a number of legal instruments and covenants that relate to different rights. International Covenant on Economic, Social and Cultural, the UN Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to promote and Protect Universally Recognized Human Right and Fundamental Freedoms, which states that:
“Everyone has a right, individually, and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”
In its General Comment 14, the Committee on Economic, Social and Cultural Rights included the rights to food, housing, work, education, human dignity, life, non-discrimination, equality, the prohibition against torture, privacy, access to information, and the freedoms of association, assembly and movement,’’ are all recognized as components or underlying determinants of health.
The 1995 Constitution of Uganda implicitly recognizes the right to health and obliges the state to take practical measures to make medical services available to the populations.
The European Union supports the principles contained in the UN Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. Although the primary responsibility for the promotion and protection of Human Rights lies with the states, the EU recognizes that individuals, groups and organs of society all play important parts in furthering the cause of Human Rights.
Therefore, their/our activities should/must be the following:
· Documenting violations, these may be through collecting and disseminating information on violations. The organisation investigates, gathers information regarding and reports on human rights violations. It may, for example, use lobbying strategies to bring its reports to the attention of the public and of key political and judicial officials with a view to ensuring that its investigative work is given consideration and that human rights violations are addressed. Most commonly, such work is conducted through human rights organizations, which periodically publish reports on its findings. However, information may also be gathered and reported by an individual focusing on one specific instance of human rights abuse.
· Seeking remedies for victims of such violations through the provision of legal, psychological, medical or other support and combating cultures of impunity which serve to cloak systematic and repeated breaches of human rights and fundamental freedoms. These remedies include: The right to a remedy and reparation/financial compensation is indeed a basic human right. It is enshrined in numerous international human rights instruments and tribunals, including Article 13 of the European Convention on Human Rights. Victims of serious human rights abuses and humanitarian law have a right to redress for the suffering and harm caused to them. Reparation is the last step in the achievement of full human rights protection. Firstly, violations of human rights should be prevented. Secondly, if a violation does take place, it must be investigated by the State authorities (promptly, thoroughly and impartially). Thirdly, victims should have access to justice. And finally, victims have the right to receive adequate reparation.
Apart from reparation, there are:
o Restitution seeks to restore the victim to the situation he or she was in before the violation, and could include: "restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return to one's place of residence, restoration of employment and return of property." Restitution of the situation before the violation took place.
o Rehabilitation – legal and social services, as well as mental and physical care;
o Satisfaction – which could include verification of the facts, public disclosure of the truth and a public apology, and commemoration of the victim;
o Revelation of the truth – this is a form of catharsis for the society in question, which helps to prevent the past from recurring.
o Guarantees of non-repetition – amending laws or institutions to improve the rule of law.
Among possible elements of satisfaction are:
Ø effective measures aimed at the cessation of continuing violations;
Ø verification of the facts and full and public disclosure of the truth;
Ø establishing the fate and whereabouts of people who have disappeared;
Ø acknowledgement of the detention of those held in the secret detention program and subsequently released;
Ø an official declaration or judicial decision restoring the dignity, reputation and rights of the victim;
Ø a public apology, including acknowledgement of the facts and acceptance of responsibility; and
Ø Judicial and administrative sanctions against perpetrators of human rights violations.
· Human rights education and training, further action of significance undertaken by this organisation is the provision of human rights education. In some instances, education activities take the form of training for the application of human rights standards in the context of a professional activity, for example by judges, lawyers, police officers, soldiers or human rights monitors. In other instances, education may be broader and involve teaching about human rights in schools and universities or disseminating information on human rights standards to the general public or to vulnerable populations.
· Supporting victims of human rights violations/ Litigation, a very large proportion of the activities of this organisation can be characterized as acting in support of victims of human rights violations. Investigating and reporting on violations can help end ongoing violations, prevent their repetition and assist victims in taking their cases to courts. The Organisation tries and provides professional legal advice and represents victims in the judicial process. Litigation and advocacy are always combined. The litigation itself brings those involved into a very real legal and societal process as they seek remedies for human rights violations. Advocacy work tries to introduce a broader perspective to the litigation work, providing the necessary motivation to deal with the difficult problems involved. And also provides victims with counselling and rehabilitation support.
In summary, the gathering and dissemination of information, advocacy and the mobilization of public opinion are often the most common tools used by this organisation in their work. As outlined in this section, however, they also provide information to empower or train others. They actively participate in the provision of the material means necessary to make human rights a reality – building shelter, providing food, strengthening development, etc. They work on democratic transformation in order to increase the participation of people in the decision-making that shapes their lives and to strengthen good governance. They also contribute to the improvement of social, political and economic conditions, the reduction of social and political tensions, the building of peace, domestically and internationally, and the nurturing of national and international awareness of human rights.
Monday, June 14, 2010
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