Archive for the ‘Int'l HR SBS course’ Category

Baha Mousa opening statement…

September 22, 2009

Rabinder Singh QC at the Baha Mousa enquiry – Monday 21st September 2009 … reminding us that there was no judicial process to determine whether there was any evidence to hold the detainees let alone determine whether they were guilty of any charge. http://www.bahamousainquiry.org/

“…The detainees were not terrorists or insurgents.  They were never tried or convicted of any offence.  They were eventually released after an unreasonable time in detention without even being charged.  This was not on any view the ‘ticking bomb’ scenario that apologists for torture usually imagine when they contemplate the possibility of legalising torture.  So it is that there is a path that leads from such clinical musings in ivory towers to a man dying in a filthy latrine in Iraq…”

Mr Singh’s opening remarks should be read with Mr Barr’s who sets out the Army’s apology and determination to seek answers to prevent a reoccurence.   Mr Garnham representing other witnesses to the Inquiry added some context to attempt to put their side of the story.  A brilliant resource for HRs and one to watch for developments this term.

Death Penalty in India for Mumbai attacks

August 21, 2009

Death Penalty – Pains of Execution

August 21, 2009

Interesting Guardian article by Marc Abrahams -http://www.guardian.co.uk/education/2009/jul/21/improbable-research -  ’What would be better: hanging or stoning?’ – discussing research by Harold Hillman.  Links well with the staggering and shocking audio tapes of execution by electric chair in Georgia – http://soundportraits.org/on-air/execution_tapes/botched_execution.php. Compare also with Elie Wiesel and George Orwell’s descriptions of Hangings:

Hanging (1):  George Orwell, ‘A Hanging’:   

The essay was written in 1931 when he was an officer in Burma.  This was a British judicial process.  How does Orwell feel about the killing?  Does he think it is justifiable to kill as a punishment?  What reason does he give for his reaction?

‘…One prisoner had been brought out of his cell. He was a Hindu, a puny wisp of a man, with a shaven head and vague liquid eyes. He had a thick, sprouting moustache, absurdly too big for his body, rather like the moustache of a comic man on the films.  Six tall Indian warders were guarding him and getting him ready for the gallows. Two of them stood by with rifles and fixed bayonets, while the others handcuffed him, passed a chain through his handcuffs and fixed it to their belts, and lashed his arms tight to his sides. They crowded very close about him, with their hands always on him in a careful, caressing grip, as though all the while feeling him to make sure he was there. It was like men handling a fish which is still alive and may jump back into the water. But he stood quite unresisting, yielding his arms limply to the ropes, as though he hardly noticed what was happening. 

 …‘Well, quick march, then. The prisoners can’t get their breakfast till this job’s over.’…

  It was about forty yards to the gallows. I watched the bare brown back of the prisoner marching in front of me. He walked clumsily with his bound arms, but quite steadily, with that bobbing gait of the Indian who never straightens his knees. At each step his muscles slid neatly into place, the lock of hair on his scalp danced up and down, his feet printed themselves on the wet gravel. And once, in spite of the men who gripped him by each shoulder, he stepped slightly aside to avoid a puddle on the path.  It is curious, but till that moment I had never realized what it means to destroy a healthy, conscious man. When I saw the prisoner step aside to avoid the puddle, I saw the mystery, the unspeakable wrongness, of cutting a life short when it is in full tide. This man was not dying, he was alive just as we were alive. All the organs of his body were working — bowels digesting food, skin renewing itself, nails growing, tissues forming — all toiling away in solemn foolery.  His nails would still be growing when he stood on the drop, when he was falling through the air with a tenth of a second to live. His eyes saw the yellow gravel and the grey walls, and his brain still remembered, foresaw, reasoned — reasoned even about puddles. He and we were a party of men walking together, seeing, hearing, feeling, understanding the same world; and in two minutes, with a sudden snap, one of us would be gone — one mind less, one world less.

 The gallows stood in a small yard, separate from the main grounds of the prison, and overgrown with tall prickly weeds. It was a brick erection like three sides of a shed, with planking on top, and above that two beams and a crossbar with the rope dangling. The hangman, a grey-haired convict in the white uniform of the prison, was waiting beside his machine. He greeted us with a servile crouch as we entered. At a word from Francis the two warders, gripping the prisoner more closely than ever, half led, half pushed him to the gallows and helped him clumsily up the ladder. Then the hangman climbed up and fixed the rope round the prisoner’s neck.

Suddenly the superintendent made up his mind. Throwing up his head he made a swift motion with his stick. ‘Chalo!’ he shouted almost fiercely.  There was a clanking noise, and then dead silence. The prisoner had vanished, and the rope was twisting on itself. I let go of the dog, and it galloped immediately to the back of the gallows; but when it got there it stopped short, barked, and then retreated into a corner of the yard, where it stood among the weeds, looking timorously out at us. We went round the gallows to inspect the prisoner’s body. He was dangling with his toes pointed straight downwards, very slowly revolving, as dead as a stone.  The superintendent reached out with his stick and poked the bare body; it oscillated, slightly.  ‘He’s all right,’ said the superintendent. He backed out from under the gallows, and blew out a deep breath. The moody look had gone out of his face quite suddenly. He glanced at his wristwatch.  ‘Eight minutes past eight. Well, that’s all for this morning, thank God.

…Francis was walking by the superintendent, talking garrulously. ‘Well, sir, all hass passed off with the utmost satisfactoriness. It wass all finished — flick! like that. It iss not always so —oah, no! I have known cases where the doctor wass obliged to go beneath the gallows and pull the prisoner’s legs to ensure decease. Most disagreeable!’

 ‘Wriggling about, eh? That’s bad,’ said the superintendent…. (ORWELL, G. (1965). Decline of the English Murder and other essays. Harmondsworth. Penguin Books, pp14-19.

Hanging(2) – Elie Wiesel – Night:Who is imposing the punishment?  On what grounds are they doing it?  What is their stated purpose of what they are doing?

 

A Week later, on the way back from work, we noticed in the centre of the camp, at the assembly place, a black gallows. 

We were told that soup would not be distributed until after roll call.  This took longer than usual.  The orders were given in a sharper manner than on other days, and in the air there were strange undertones.

“Bare your heads”, yelled the head of the camp, suddenly.

Tne thousand caps were simultaneously removed.

“Cover your heads.”

Ten thousand caps went back onto their skulls as quick as lightning.

The gate to the camp opened.  An SS section appeared and surrounded us:  one at every three paces.  On the lookout towers the machine guns were trained on the assembly place.

“They fear trouble” whispered Juliek.

Two SS men had gone to the cells.  They came back with the condemned man between them.  He was a youth from Warsaw.  He had three years of concentration camp life behind him.  He was a strong, well-built boy, a giant in comparison to me.

His back to the gallows, his face turned toward his judge, who was the head of the camp, the boy was pale, but seemed more moved than afraid.  His manacled hands did not tremble.  His eyes gazed coldly at the hundreds of SS guards, the thousands of prisoners who surrounded him.

The head of the camp begain to read his verdict, hammering out every phrase.

“ In the name of Himmler…prisoner Number….stole during the alert…According to the law….paragraph….Prisoner Number…is condemned to death.  May this be a warning and an example to all prisoners.”

No one moved.

I could hear my heart beating.  The thousands who had died daily at Auschwitz and at Birkenau in the crematory ovens no longer troubled me.  But this one, leaning against the gallows – he overwhelmed me.

Do you think this ceremony’ll be over soon?  I’m hungry” whispered Juliek.

At a sign from the head of the camp, the Lagerkapo advanced toward the condemned man.  Two prisoners helped him in his task – for two plates of soup.

The Kapo wanted to bandage the victim’s eyes, but he refused.

After a long moment of waiting, the executioner put the rope round his neck.  He was on the point of motioning to his assistants to draw the chair away from the prisoner’s feet, when the latter cried in a calm strong voice:

“Long live liberty!  A curse upon Germany! A curse…! A cur_”

The executioners had completed their task.

A command cleft the air like a sword.

“Bare your heads.”

Ten thousand prisoners paid their last respects.

“Cover your heads!”

Then the whole camp, block after block, had to march past the hanged man and stare at the dimmed eyes, the lolling tongue of death.  The Kapos and heads of each block forced everyone to look him full in the face…” (Wiesel, E (1958). Night. New York. Avon Books, pp73-4)

La Paquete Habana and Humanitarian Crises v2009

May 20, 2009

Preparing an HR course for 2011.  La Paquete Habana is a lovely case to connect with current Humanitarian Law crises.  It works at the level of argument and principle.  ref – Sri Lankan encirclement of LTTE fighters and civilians raises questions of the treatment of civilians and their need to find food and to be safe from armed interference.  Sri Lanka is a great case study since both sides have argued their cases in the world media.  No we did not target civilians of hospitals, they did.  They are using civilians as a human shield as well as a target but we cannot tell who is an LTTE fighter and who is a civilian.  We are letting civilians go but we cannot let them in case fighters escape.  We have set up a safety zone, but we shelled it.  You can believe that we are fighting within the remit of the Geneva Conventions but we will not let you verify that or let in humanitarian organisations!  Same hugely contested arguments as Israel/Palestine in 2009, Sudan, Swat valley in Pakistan.  THAT’s WHY an HR course is so vital!!

JoHR – Ron Dudai – The Long View – HR activism past and present Vol7:3 July-Sept 2008

April 30, 2009

This is a fantastic article – no wading through legal treacle here.  HR courses start like this – ‘recitation of UDHR and ICCPR’ followed by sleep, or looking at ‘Paine, Burke, Mill and Bentham and a bit of Dworkin’ which is ‘too abstract’, or they start like Dudai’s course – 3 stories to bring ‘the human to human rights’:  Which type of course would you prefer?

Thomas Clarkson – writing and protesting about the slave trade (picked up later by Wilberforce – combining the outsider and insider activist models).

Henri Dunant – Solferino memoir leading to ICRC (fight wars more humanely – moral observer, speak for all as witness rather than political activist/advocate) – www.icrc.org

Peter Benenson – 1961 argues for an amnesty for Portuguese students – sets up Amnesty (now a pejorative word – see TRC defence of amnesties)

Reviews (inter alia) – Hochschild’s Bury the Chains – Clarkson’s story which Dudai enjoys.

Journal of Human Rights articles – Novel and HRs

April 30, 2009

Interdisciplinary stuff: JoHR 7: 388-96, 2008 – The Novel and Human Rights – Kerry Bystrom – Article looks at the link between fiction and non-fiction narrative and Human Rights…

Power of individual testimony – the ‘life narrative’ – Henri Dunant – A memory of Solferino (1862) – led to ICRC creation. – ‘…The protection of the ability to tell such stories lies at the heart of international human rights law…’

Fiction? – ‘…It can create bonds of empathy and connection, draw national and international attention to HR abuses and denounce the exclusion of certain individuals and groups from protection of HR law…’ – refs to Ariel Dorfman’s Death and the Maiden by Archbishop Tutu in his foreword to the 1998 Final Report of the SA TRC to help justify the TRC amnesty procedure.  (www.doj.gov.sa/trc) (or za).

Bystrom also reviews – Joseph Slaughter’s book – Human Rights Inc – The World Novel, Narrative form and International Law – NY Fordham Uni Press 2007 – key quote – particularly like the ‘reading acts’…and the subclauses – hold tight…

‘….The implication of our reading practices in the imagination of an international order based on HRs means acknowledging the ways we collude to naturalise the generic forms in which human variation is felt to be socially acceptable.  Recognising the sociohistorical alliance between the bildungsroman and Human Rights as mutually enabling fictions that institutionalise and naturalise the terms of incorporation in (and exclusion from an imagined community of readers and rights holders means also recognising that our reading acts have implications not only for the imagination but the legislation of an International Human Rights community; they partly determine the discursive parameters within which , and imaginative patterns with which, a human rights international might be realised…’ p328

 

James Dawes’ book ‘That the world may know’ divides into four chapters – 1 – Genocide, focussing on ICTRwanda and considering Boubacar Boris Diop’s Murambi – the book of bones, Courtemanche’s ‘Sunday at the Pool in Kigali’, Romeo Dallaire’s ‘Shake Hands with the Devil’, and Cleo Koff’s ‘The Bone Woman’.  Sounds like a perfect reading list for a transdisciplinary subject!  

Chapter 4 – deals with storytelling with lots of problematic questions about the role of outsiders (HR activists, writers and storytellers) – ‘…Narratives both promote and undermine the project of fully integrating HRs…’  Don’t really understand this point other than to say that HR activism can hurt as well as help.  Dawes refs to Antje Krogs – Country of my Skull, Slovo’s Red Dust, Coetzee’s Waiting for the Barbarians, Ondaatje’s Anil’s Ghost.

SA meeting

April 30, 2009

Contact the SBS Human Rights group – made up of the schools that teach it – Red Cross Nordic / Delhi etc.  Speak to them about running it and seeing whether we could turn the internal assessment element from a debate to a portfolio of law in action.  SBS run as a group – shared marking etc.  Brill for school collaboration.

Planning for 2010

April 22, 2009

The IB SBS HR course is divided into 3 – Theory and History of Human Rights, Practice and Contemporary Issues.  Priceless discussion today with RC about how to plan the course.  Each topic would have 50 hours of the 150 total for the course, taught for 2 hours per week in a double period.  Assessment – two end of course exams – one based on generic HR questions, the second on short answer topics.  Internal assessment would be by Portfolio and Individual Oral Presentation, with agreement.  The Objectives of the course work as draft assessment criteria.  Can cross fertilise these with assessment criteria from e.g. Ext Essay.

ACTIVE – Portfolio based learning – Course would integrate active participation in HR issues by requiring an average of one hour per week voluntary work to build up the assessed individual portfolio.  This would be supervised to ensure reflective learning - e.g. Amnesty, local HRs groups, aid agencies (humanitarian law), CABs, Law Centre, immigration advice agencies/lawyers, student HR groups or Innocence Projects.  Promote practical experience, build contacts, useful for CAS experience.

Interdisciplinary – Course structured to harmonise with other subjects e.g. – study development of IntHRs (UN) and genocide while Drama study Brecht’s Fear and Misery, English studies Wiesel’s Night and History look at WW2.  Reflect interdisciplinary approach by revealing HR links with other courses – eg Language A1 – Handmaid’s Tale (Rape), Night (Genocide), Reluctant Fundamentalist (Terrorism), Woman at Point Zero (equality before the law), Orwell – (Colonialism, Death Penalty, civil and political rights)

Thematic – Instead of starting with Intro, theory and development of HRs – work from international examples to embed the substantive law topics in historical and contemporary places – eg Sudan – use of ICC to indict war criminals – concept of international standards, problems of HRs in practice – conflict with geopolitics.  RCs ideas – Kosovo (Radovan Karadjic), Rwanda, Tiananmen Sq, Chile – Pinochet.  SOAS conference worked with Chechnya, Turkey (Kurds) and Israel-Palestine as their three examples. 

Skills – working from Testimony allows consideration of how we evaluate evidence (could do Bayes Theorem?) – Testimony as one of the building blocks of HR cases.

School Based Syllabus

March 31, 2009

Asked some pupils about their ideas of an HR course – key words – Conflict – Freedom of Speech/Religion…Hangman – Capital Punishment – Orwell,  Universality…Model UN conference, Little Book of HRs, R to Education and Anti-Disc and Choice