government

Using Government Budgets as a Monitoring Tool

bharris — Fri, 25 May 2007 20:08:20 -0500

Using Government Budgets as a Monitoring Tool

By Lerato Kgamphe

Download full notebook in English and a brief summary in Russian below. [*note]

In this notebook, we learn about following the money. Budgets are used everywhere–from local agencies, to non-governmental organizations, to governments and international bodies. They provide a concrete tool for evaluating how programs and policies actually fulfill their financial and legal obligations. In South Africa, Idasa’s Children’s Budget Unit (CBU) has used budget analyses to monitor the government’s legal obligations, commitments, and progress in advancing child-specific socioeconomic rights and programs. The CBU monitors and evaluates these programs by looking at the government’s budget allocations, spending of funds, and program expenditures and implementation. The power of this tactic lies in its ability to reveal, in black and white, the extent of a government’s efforts towards its human rights obligations and commitments.

The budget is government’s operational plan to deliver a better life for our people. It sets out what you will pay in taxes, how we will spend that money, and what we will deliver. It is a synthesis of all our government policies. The budget is our contract with the nation.
--Trevor Manual, South African Minister of Finance, 1998 Budget Review

Since 1995 the Children’s Budget Unit (CBU) of the Institute for Democracy in South Africa (Idasa), based in Cape Town, has been using national and provincial government budgets as monitoring mechanisms to advance child-specific socio-economic rights. Budget monitoring allows us to analyze how government conceptualises, implements, and allocates budgets to fulfil its legal obligation to help realize these rights. The rights of the child are explicit, and the government is legally bound to fulfil them: in the South African Constitution, the United Nations Convention on the Rights of the Child (CRC), and the African Charter, the child has the right to political, socio-economic, cultural, economic, and environmental rights. In addition, the South African Constitution specifies that the child has the right to basic nutrition, shelter, basic health care services, and social services.

Why use budgets? The budget is the key policy instrument used by a government to ensure that things happen, and thus shows a government’s true priorities. A government’s programs that fulfil its obligations that help realize socio-economic rights must be included in its budget, and it must account not only for the amount budgeted, but also the amount actually spent. Budgets, therefore, are instruments that allow us to monitor how services are delivered and policies implemented. The monitoring of government budgets can lead to policy reform, establish a path for "transparent, effective and efficient" budgeting principles, and make it possible to provide concrete recommendations for program evaluation and improvement. Information gleaned from budget analysis can be used to educate people about their rights, and help them access these rights. Advancement of human rights is a two-way stream. People in need of help must communicate their needs to those in power, and articulate sustainable solutions. And those in power need to know if their methods and programs are effective to ensure that a win-win situation is created.

The budget-monitoring tactic works to aid both sides. Our work has proven that a budget-monitoring project, used effectively, can be an important tool in changing policy. South Africa, for instance, has an extensive social security program for children. The CBU has conducted numerous studies of the accessibility and effectiveness of this program, discovering discriminatory access in undeveloped and rural areas, and a governmental lack of administrative capacity that also hindered access to the program. In our 2001 study, "Budgeting for child socio-economic rights: Government obligations and the child’s right to social security and education" (Cassiem, Streak: 2001, Idasa), we recommended that that age limit of children accessing one of the social security grants be raised from six to 14. This recommendation was put into practice by the government in its 2003/04 budget, and we, together with other civil society organizations, are now focusing on proposals that the program include all children under 18.

In this tactical notebook, after a brief introduction to Idasa and the Children’s Budget Unit, we present a case study of how budget monitoring was used to see how the South African government fulfilled its obligation to provide social security to children. We then generalize the monitoring approach, outlining key questions, and summarize some of the tactic’s positive results. Finally, we offer some discussion of the tactic’s complexity, which should help others think about how to apply it in their own situations.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Uncovering the Evidence

bharris — Fri, 25 May 2007 20:08:19 -0500

Uncovering the Evidence

by Luis Fondebrider

Download full notebook in English and a brief summary in Armenian and Russian below.*note]

Forensic science has been a powerful tool in the scientific documentation of human rights violations around the world, and especially in Latin America. The Argentine Forensic Anthropology Team has been in the forefront of efforts to train human rights NGOs to use forensic tools to advance their investigations, to provide more support for victims and to strengthen the credibility of their work against impunity. EAAF uses independent investigations to mobilize and persuade both local and international audiences. The information obtained can also provide useful evidence for future prosecutions. This notebook addresses how human rights organizations can make optimal use of forensic science to advance their work for justice and against impunity.

Over the last fifteen years, the scientific investigation and documentation of human rights violations has become a valuable tool in the search for truth and justice in societies emerging from periods of political, ethnic and religious violence. Forensic expertise has served human rights investigations led by official justice systems of states, historical truth-seeking processes, international tribunals and commissions and human rights NGOs. A forensic scientist can answer some questions with a certain degree of precision:

Was the person tortured?
What was the cause of death?
Was the death accidental or intentional?
Can the unearthed bodies be positively identified?

Such answers offer victims’ families and the judicial process convincing proof of what happened. In an objective, concrete way, scientific analysis complements the testimony of a witness, a photograph or a document related to an incident. This kind of scientific evidence may prove to be fundamental for a ruling on whether an accused person is innocent or guilty. In cases of rape, for example, it can be crucial to discover traces of semen that can be compared with the genetic pattern of the accused person. In recent years, the application of the forensic sciences has had a significant impact in countries where abuses were committed by the government or agencies connected to it, be it for political or other reasons. Official versions of events, often false, can be contrasted with physical evidence and their analysis. This allows a tribunal to establish, for example, that a group of people was executed, and in fact did not die in an armed encounter. In this tactical notebook we show how families of victims, their communities and the organizations that they form–human rights NGOs–can use the forensic sciences in their struggle for truth and justice and prevent the impunity that those responsible for human rights abuses often enjoy.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

The Dilemma Demonstration

bharris — Fri, 25 May 2007 20:08:17 -0500

The Dilemma Demonstration

by Philippe Duhamel

Download full notebook in English and Russian and a brief summary in Armenian below.[*note]

In this notebook you learn how Operation SalAMI created a situation that placed the Canadian government in a real dilemma regarding their position and actions in the negotiation process of the Free Trade Agreement of the Americas (FTAA). When the government refused to make public the draft documents, hundreds of its citizens showed up at the Ottawa headquarters of the Department of Foreign Affairs and International Trade holding "Search and Rescue Warrants" for the release of these draft documents. When the government responded by arresting one hundred citizens for requesting their right to information, the media and general public demanded to know what the government was trying to hide. Behind the success of the campaign was a strategy that included a number of common tactics, including petitions, letter writing, etc., but with the added twists of an unequivocal ultimatum, civil disobedience training on the premises of the Canadian parliament and the drama of the Search and Seizure Operation, a type of nonviolent direct action. Operation SalAMI’s dilemma demonstration tactic, as part of a broader nonviolent campaigning strategy, pressured the government to act according to its professed values and at the requests of its citizens.

On the morning of April 2, 2001, a group of citizens conducted the dilemma demonstration1 dubbed a "Search and Seizure Operation" at the Department of International Trade and Foreign Affairs in Ottawa, capital city of Canada. Facing a line-up of police, three rows of anchored barricades and a crowd of journalists and media crews, they declared: "We ask you, police officers, to do your duty and help us retrieve the documents to which we are entitled by right. Do not become accomplices in the secrecy and manipulation of this government. If you refuse to seek and retrieve the texts on our behalf, we will have no option but to attempt to retrieve them ourselves."They proceeded to give their names and said, "I am here to exercise my rights as a citizen; please, let me through." Two by two, they climbed over the police barricades. Their goal: exposing government secrecy by attempting to reach the building and retrieve the secret documents of a draft trade treaty.

For months, the Canadian government had persistently refused to make public the draft papers for the Free Trade Agreement of the Americas (FTAA), a trade liberalization treaty being negotiated among 34 countries of the Americas. In the weeks prior to the action, the government was issued an ultimatum and a petition tens of thousands strong. We also used extensive media relations work, support demonstrations and a call-in and fax jamming operation for supporters. All these efforts were brought to bear with Operation SalAMI’s dilemma demonstration, creating a climactic moment with the arrest of ninety-nine people by the police. No charges were laid and most were released within 24 hours. The larger impact was heard across the country, a new debate was raging around the question: Why is the government refusing to publish key public policy documents, choosing to arrest its own citizens instead? The pressure soon proved unbearable on the government. Exactly one week after the Search and Seizure Operation, the Canadian International Trade Minister, Pierre Pettigrew, after consulting the negotiating partners, finally agreed to make the documents public and announced the release of the draft texts of the FTAA.

This nonviolent action is an example of a dilemma demonstration. To work, it first requires a demand that creates a dilemma for the target: In this case the Canadian government was faced with a demand for transparent access to information. The state could only refuse the demand at the risk of appearing secretive and undemocratic. Second, by articulating the demand through high-visibility, media-friendly, nonviolent civil disobedience, the state was forced to act–it could not stall or delay. And the nature of this civil disobedience was skillfully and ironically modeled after the accepted state mode of getting information that is being illegally withheld or hidden: the "search and seizure operation." This created yet another immediate dilemma in which the police would be forced to arrest people for doing the same thing the police would do if roles were reversed–an irony not lost on the media. Finally, by maintaining firmly disciplined nonviolence, the demonstration created yet a third dilemma, in which the state appears to use repressive measures against an entirely peaceful and orderly demonstration asking only for what is a citizen’s legal right–access to information.

In this notebook I will describe, how Operation SalAMI turned our own dilemma–how to inform the Canadian public about the real dangers and inequalities of the Free Trade Agreement of the Americas when we were not even allowed to see the documents–into a larger dilemma for the Canadian government by revealing the secrecy on which the approval of the agreement depended. Through a careful process of analyzing previous successes and failures of citizen interventions in trade agreement processes, we were able to realistically assess our own strengths and weaknesses as well as the lessons the Canadian government had learned from these same past actions. This provided the foundation for understanding our most potent leverage point–Canadian citizens’ right to information, a value we hold very dear. We then combined a variety of tactics to call attention to this lack of information and generated a dilemma for the government by making a specific and public ultimatum requesting the release of these documents based on our right to know. The dilemma demonstration forced the government’s hand by revealing the lengths to which the government wanted to keep the process secret. The resulting media and public outcry made our goal a reality– broader public awareness and debate on the FTAA.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Making the State Pay

bharris — Fri, 25 May 2007 20:08:08 -0500

Making the State Pay

By Camelia Doru

Download the full notebook below. [*note]

In this notebook, we read about the efforts of the ICAR Foundation to mobilize public resources for a socially marginalized group – victims of torture. The Foundation recognized that many citizens had suffered torture during the communist regime, and created an organization to provide treatment and care to the thousands of torture survivors. While there was international support, the Foundation knew that provision of this care was actually the responsibility of the state itself. The notebook outlines ICAR’s effort to pressure the Romanian government to pay for rehabilitation of torture survivors even though it was not willing to officially assume responsibility for past abuses. In effect, ICAR forced the state to begin to fulfill its moral and legal responsibilities as laid out in international and national laws. ICAR’s story provides ideas about how to pressure a state to carry out its obligations to a socially marginalized group and compel it to take a step toward justice.

In October 1991 the International Rehabilitation Council for Torture Victims (IRCT) invited me to Budapest to take part in the first inter-national symposium in Eastern Europe on "Doctors, Ethics and Torture." During this symposium I met people from all over the world, people engaged in providing medical rehabilitation to victims of torture under many different circumstances and often in politically adverse conditions. This experience, along with the support I received from IRCT colleagues, encouraged me to create a non-governmental organization in Romania to address the terrible problem of torture. I knew there would be po-litical resistance, but I also saw that I could count on professional international training, management and financial support. The ICAR Foundation was registered in April 1992. Its name commemorates the Greek mythological figure Icarus, who needed help after successfully escaping from long imprisonment and finding that his wings did not survive the heat of the sun. Our logo contains the wings as a symbolic representation of the Icarus.

We began to search for resources that would allow us to provide services for the thousands of torture survivors in Romania.Throughout the subsequent decade of work, we have found our international colleagues and donors to be crucial. The treatment and care of torture survivors, however, should not depend on the interna-tional community. We believe that this work is the moral and political responsibility of the state itself. What I will describe in this notebook is our long-term strategy to pressure and persuade Romanian local and central governments to start accepting this responsibility.

We opened our first center in 1993 with only three doctors, two supporting staff, and a budget of US$20,000. We saw 85 clients, and our private and international supporters covered all expenses. In 1994 and 1995 our attempts to mobilize public resources began to succeed as we convinced local government officials to provide premises for our operations; we now estimate the value of this local government contribution at over US$100,000 per year. More recently we also obtained government support in prescribing free medicines for our clients – a public contribution worth over US$150,000 per year. By 2002, the ICAR Foundation had grown to three centers with a staff of more than 50. We provide services for 2,000 clients and receive annual international contributions of US$300,000.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

International Monitoring Bodies

bharris — Fri, 25 May 2007 20:08:05 -0500

International Monitoring Bodies

by Paul Mageean

Download full notebook below.[*note]

In this notebook, we discover how the Committee on the Administration of Justice succeeded in raising the issue of human rights abuses in Northern Ireland at the international level and, by doing so, brought about significant improvements in human rights conditions. This was accomplished through CAJ’s utilisation of the Committee Against Torture–one of the mechanisms available through the United Nations for monitoring governments that have signed international conventions. In order to use these international mechanisms effectively, a number of supporting tactics were necessary, including writing submissions to the Committee, lobbying in Geneva and monitoring the implementation and impact that the reports and recommendations of Committee Against Torture have had on Northern Ireland in terms of actually improving the human rights situation on the ground. International mechanisms can be a powerful and effective tool for human rights organisations to leverage for change, especially when they have encountered significant obstacles and opposition at the local and national level.

There has been a violent political conflict in Northern Ireland since 1969. The conflict involves three sets of protagonists: the Irish Republican Army and other republican groups that want Northern Ireland to unite with the rest of Ireland; loyalist groups that want Northern Ireland to remain within the UK; and the state. From the beginning of the conflict the forces of the state have been involved in human rights abuses. A key aspect of the human rights abuse has involved allegations of ill-treatment of those in custody. This notebook will outline how the Committee on the Administration of Justice (CAJ) was able to successfully utilise the United Nations Committee Against Torture to pressure the UK not only to address the allegations of ill-treatment of those in custody but also to establish mechanisms and standards ensuring protection for the accused and accountability of state actors.

The Committee on the Administration of Justice, the foremost human rights organisation operating in Northern Ireland, had long been concerned with the rights of those in detention. Concerns about the use and abuse of emergency law gave rise to our establishment in 1981. We had devised a set of recommendations to guarantee the rights of those arrested by the police and particularly those held in the detention centres. These proposals included suggestions that interviews be recorded electronically, that lawyers be permitted to be present during the interviews, that there be an independent system of monitoring the detention process, that those detained be brought before a judge or released after a shorter period than seven days and that there be independent investigation of complaints of ill-treatment. These proposals were strongly resisted by the government and the police, who maintained that the exceptional powers granted by the emergency legislation were necessary to deal effectively with those suspected of paramilitary activity. Both the government and police denied that any abuse was taking place even though those who alleged ill-treatment and were released without charge by the police often successfully sued for damages. In addition, it was difficult to get media coverage of the issue because at the height of the conflict much of the media was reluctant to give extensive coverage to allegations of this nature.

We needed to devise a response to this problem that would be effective in terms of improving the situation of those arrested under the emergency laws but would also trigger such a significant news story that the media could not avoid covering it. It became increasingly clear that this response could not be generated internally in Northern Ireland. Although we were still a relatively young NGO (having hired our first staff members in 1985), we had begun to think in terms of the boomerang theory. We were therefore increasingly alive to the possibility of exposing what was going on in the detention centres before an international audience to shed light on the situation from outside the country, which would demand accountability and a response from the government. It was clear to us that, on our own, we were not going to achieve our goal of ending the ill-treatment. We were not able to cultivate media interest in the issue–certainly not in Britain, where the key policy-makers were based. It was also the case that many simply disbelieved what we were saying. It is, of course, often the case that in a society in conflict human rights activists are disbelieved and dismissed as being partisan.

This was a phenomenon not exclusive to Northern Ireland, but it did create problems for the credibility of what we were alleging and weakened our chances of creating the necessary momentum to improve the situation. We therefore needed to find a tactic that would address these weaknesses by raising the profile of the issue both internationally and domestically, also lending credibility to what we, as a small NGO in Northern Ireland, were saying. We were fortunate to have a number of academic lawyers familiar with United Nations mechanisms on our executive committee. One of them suggested the use of the Committee Against Torture or CAT (referred to as "the Committee" for the remainder of this notebook). At this stage, we had not accessed any of the international mechanisms at the UN level designed to protect human rights.

The UK signed the Convention Against Torture in 1985 and ratified it in 1988, becoming thereafter subject to the reporting procedures of the Committee Against Torture. Essentially, this meant that the UK had to report periodically to the Committee about the extent to which the Convention was being respected in the UK. The UK must submit each report in written form to the Committee, which then holds a hearing on matters addressed in the report and questions UK representatives. The hearings take place in Geneva. Generally the Committee runs on a three-year cycle, but fortuitously for us, the UK was to be examined by the Committee for the first time in 1991. We consulted with our colleagues in international NGOs to assist us in using this UN mechanism when the UK had to appear before the Committee. We have subsequently been able to utilise such UN mechanisms with increasing success and the Committee Against Torture has been particularly instrumental in pressuring the state to implement actions long-recommended by CAJ.

These examinations by the Committee would have occurred with or without interventions from us. However, the Committee, like other UN human rights mechanisms, tends to rely on NGOs and others to provide it with credible information on which to base its questioning of the country involved. The previous recommendations from the Committee tend to set the parameters for each subsequent examination, so it was important for us to persuade the Committee to pay attention to the issues we wanted highlighted. This was particularly the case in 1991, as it was the first time that the UK had been examined. Increasingly, and certainly in 1998, the Committee would start the session by asking for information on what the state had done to meet the concerns highlighted by the Committee on the previous occasion. The UK has not been examined since 1998, although we anticipate an examination will be forthcoming again in the near future.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Educating the Next Generation

bharris — Fri, 25 May 2007 20:08:00 -0500

By Kozara Kati and Robert Gjedia

Download full notebook below.[*note]

In this notebook, we learn about utilizing political opportunities to partner with government and turn an ambitious vision into reality. The Albanian Center for Human Rights (ACHR) successfully collaborated with the Albanian Ministry of Education to bring human rights education into all public schools in the country. They took advantage of the post-communist transition period, negotiating with the new democratic government officials to launch a long-term process in which they would prepare Albanian citizens to participate fully in a democracy. They focused on the next generation – the children – and on ensuring they learned about human rights. Coming out of a political context in which all policies were decided and enacted on a national level, they were able to create a vision to affect the entire education system and have a nationwide impact.

They sustained momentum by bringing in international support and educational experts and by effectively cooperating with the government’s Institute for Pedagogical Research (IPR). Because of their efforts and this cooperation human rights education was incorporated into the public school system and several teacher training programs.

After 45 years of an oppressive and isolationist communist dictatorship, in 1991 Albania faced a new world of democratic possibilities, with mountains of inherited political, economic and social problems and an institutional infrastructure ill-prepared to face them. Education was a particular challenge. To make the most of their new democracy, Albanians needed an educational system that prepared its citizens for critical thinking and encouraged political participation. Instead, it had the remains of a dogmatic and rigid communist educational system and curricula, which could not adequately teach students their rights and duties in this new society. The Albanian Center for Human Rights (ACHR) developed an ambitious plan to integrate human rights education into the official curricula of all public schools in the country.

In this tactical notebook we describe how ACHR took advantage of the unique political moment provided by the post-communist transition, negotiated collaboration with the Albanian Ministry of Education and its Institute for Pedagogical Research (IPR), and implemented the plan. By the end of the decade, we had developed special curricula material in many subjects for all age groups, trained thousands of teachers to use the materials, set up 42 pilot schools throughout the country, and initiated a curriculum in the teachers colleges to integrate the teaching of human rights into their preparation.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.