English, Russian

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.

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.

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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.

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.

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The Human Rights Education Program for Women in Turkey

bharris — Fri, 25 May 2007 20:08:18 -0500

The Human Rights Education Program for Women in Turkey

By Liz Ervecik Amado
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In this notebook we learn about how effective and beneficial building collaborative relationships with government institutions can be to advancing human rights education. Women for Women’s Human Rights (WWHR)-New Ways in Turkey gained the support and use of government resources for furthering human rights education of women at the local level.

WWHR-New Ways developed a highly successful human rights education curriculum for women but needed an accessible, structured and sustainable way to reach women in need of learning about their rights. They found and developed an excellent partnership through government run, local level community centers. These community centers offered not only professional social workers who could be trained by WWHR-New Ways in facilitating the human rights education curriculum, but also a safe and accessible place for women to learn about their rights. We hope this notebook will provide ideas and insights for others as they seek opportunities for building mutually beneficial and sustainable relationships with government bodies for furthering human rights efforts.

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The Power of Place: How historic sites can engage citizens in human rights issues

bharris — Fri, 25 May 2007 20:08:18 -0500

The Power of Place

by Liz Sevcenko

Download full notebook in English and Spanish and a brief summary in Russian and Armenian below.

See Phillipe Duhamel's creative take on this resource at interTactica!

In this notebook the author describes how human rights activists as well as the museum community can make more effective use of the spacial impact of historic sites to help educate people about social change and human rights. The Tenement Museum in New York City has joined with more than a dozen other institutions that have focused their attention on "sites of conscience"–places where terrible human rights abuse has occurred that should never be forgotten. Their goal is not only to remember the past, but also to use the emotional power of these places to catalyze critical thinking about the ongoing social issues of today, through dialogue and educational activities.

Around the world, people instinctively turn to places of memory to come to terms with the past and chart a course for the future. From makeshift roadside memorials to official commemorations, millions of people around the world gather at places of memory looking for healing, reconciliation and insight on how to move forward. Memory is a critical language and terrain of human rights. It’s here, through the process of preserving the past, that evidence of human rights violations is maintained and made public, issues this evidence raises are debated and tactics for preventing it from happening again are developed. In short, these places can be critical tools for building a lasting culture of human rights. Our project is to take a fundamental human instinct and develop it as an identifiable, self-conscious tactic in the service of human rights and social justice.

The Lower East Side Tenement Museum preserves a five-story building at 97 Orchard Street, home to over 7,000 immigrants from more than 20 different nations from 1863 to 1935. The Museum restores the tiny apartments of the diverse immigrant families who lived there and tells the stories of their daily challenges and triumphs in America. The human rights issues they faced – labor exploitation, racial and ethnic discrimination, poverty and immigration restrictions – are very much alive today. Located in a neighborhood that is today nearly 40 percent foreign-born, the Museum hosts public dialogues on immigration, welfare, housing, cultural identity and other related issues; teaches English and activism to new immigrants; and promotes immigrant voices and issues through changing arts programs. The Museum believes that historic sites can be powerful catalysts for public awareness and action on human rights issues.

To promote this idea the Museum initiated the International Coalition of Historic Site Museums of Conscience. The Coalition was founded in 1999 when the Tenement Museum brought together leaders of nine historic sites from around the world: the District Six Museum (South Africa); Gulag Museum (Russia); Liberation War Museum (Bangladesh); Lower East Side Tenement Museum (USA); Maison des Esclaves (Senegal); Memoria Abierta (Argentina); National Civil Rights Museum (USA); Terezín Memorial (Czech Republic); Women’s Rights National Historical Park (USA); and the Workhouse (United Kingdom). The group pledged to work together to develop effective strategies for activatingour places of memory as centers for dialogue on contemporary issues.

Our goal is to transform historic site museums from places of passive learning to places of active citizen engagement. We seek to use the history of what happened at our sites – whether it was a genocide, a violation of civil rights, or a triumph of democracy – as the foundation for dialogue about how and where these issues are alive today and about what can be done to address them. We define sites of conscience as initiatives that:

Interpret history through sites;
Engage in programs that stimulate dialogue on pressing social issues and promote humanitarian and democratic values; and
Share opportunities for public involvement in issues raised at the site.

The Coalition conducts program development workshops, staff exchanges and web-based resource exchanges. We also collaborate with leading human rights organizations to link our histories with currentcampaigns and inspire citizen participation in current struggles for truth and justice. The Coalition is currently coordinated at the Lower East Side Tenement Museum.

*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.

Testing for Discrimination

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

Testing for Discrimination: Identifying and Prosecuting Human Rights Abuses

By Bea Bodrogi

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This tactical notebook focuses on the successful transplanting to Hungary of "testing," a tactic developed in the antidiscrimination movement in the United States. In testing, an advocacy organization that has received a complaint of an incident of discrimination, immediately sends out "testers" to replicate the incident. If a person, for instance, is denied a job based on their identity, "testers" are sent out immediately to apply for the same job and document their treatment. This documentation will be legitimate evidence of the systematic nature of the discrimination.

The Legal Defence Bureau for National and Ethnic Minorities (NEKI) was founded in 1994 in response to problems caused by longstanding prejudices against the Roma, the largest ethnic minority in Hungary. NEKI seeks to document the experience of discrimination and demonstrate the absence of legal protection for the Roma. The organization has been involved with cases including police brutality, skinhead attacks, and the denial of employment, housing and service in public accommodation.

Since discrimination is often subtle, direct evidence is rare. Adapting a method used by U.S. organisations, NEKI uses testing to collect evidence with which to challenge discrimination in court. After an incident of discrimination is reported to NEKI by a Roma victim, testers – both Roma and non - Roma – are sent to repeat the experience in order to document whether the incident represents a case of systematic discrimination, and to collect evidence for a possible court case. Testing is thus an evidence-gathering tactic that can fit directly into the legal strategy of an organization like NEKI, one confronting the impunity and public apathy about the prevalent problem of racism and discrimination.

The process is quite straightforward: Once NEKI receives a complaint, testers are sent to the place of the alleged discrimination. If the allegation concerns employment, for instance, testing is done by sending out a Roma and a non-Roma person who have similar characteristics and qualifications but differ primarily in their ethnicity. They are sent out at closely spaced intervals on the same day to apply for a job. To make the comparison clear, each tester is asked to take actions comparable to those of his fellow testers. Immediately after completing the test they record their experiences on a questionnaire detailing all the questions asked at the interview, treatment of the applicant, and the description of the job, including salaries and benefits. The test coordinator can then evaluate from this data whether differential treatment has taken place and decide if legal action can be initiated on the grounds of discrimination.

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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.

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.

*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.

Promoting Human Rights Professionalism in the Liberian Police Force

bharris — Fri, 25 May 2007 20:08:10 -0500

Promoting Human Rights Professionalism in the Liberian Police Force

By Cecil Griffiths

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In this notebook, we learn about the efforts, ability, and commitment of law enforcement personnel–one of the most difficult groups to reach regarding human rights–to address and confront human rights issues and violations from their own perspective and within their own ranks. The Liberian National Law Enforcement Association (LINLEA) was established by law enforcement personnel themselves to address issues of poor leadership, blind loyalty, and lack of professional training, each of which have contributed to a poor quality of services and a high incidence of human rights abuses. LINLEA has worked to promote professionalism as a way to enhance human rights standards and reduce incidences of abuse. This tactic provides insights into how the law enforcement profession itself can understand the connection between professionalism and human rights–exposing abuses when they occur–to send signals to government and civil society that action can and must be taken to address abuses.

As dictated by canons of police ethics, which instruct officers to respect the constitutional rights of all people to liberty, equality, and justice, law enforcement officers are supposed to be the leading human rights protectors and promoters everywhere in the world. Unfortunately, due to lack of training and discipline, poor leadership, and political manipulation, law enforcement personnel often engage in unprofessional conduct that leads to abuses of human rights. In 1993, after the war in Liberia, we evaluated the situation within the police department. An estimated 40 percent of law enforcement personnel had not received basic training. Discipline levels were very low. More recently, we have seen how a regime can appoint law enforcement officials who can be manipulated to perpetuate, through oppression, suppression, and intimidation, the regime’s tenure. To address these issues of unprofessionalism and human rights abuses, we decided to establish a professional association: The Liberian National Law Enforcement Association, or LINLEA.

LINLEA promotes training opportunities for law enforcement officers; advocates for a merit-based system of promotion, the appointment of qualified administrators, and fair and impartial adjudication of complaints against officers; and discourages partisanship and political manipulation of law enforcement agencies. At LINLEA we use a variety of means to achieve our objectives. We host professional training workshops for law enforcement officers, and organize public lecture forums and radio programs to discuss issues related to the administration of justice. We publish a journal to educate readers on the role of the criminal justice system, its problems and challenges, and issues of democracy and human rights. In addition, we advocate for reforms of law enforcement and criminal justice institutions, conduct research on the causes of crime and the responses of the criminal justice system, and publish our findings and recommendations. As our organization has grown in size and credibility, we have also been able to call attention to internal problems and unprofessional behavior in the department, and demand justice for victims–including unfairly accused police officers. We are beginning to monitor and catalogue police abuses.

LINLEA now has over 500 members, including nearly 20 percent of the police force, as well as many members of other law enforcement institutions. Through our Center for Criminal Justice Research and Education, we have been able to provide leadership and human rights training for 223 senior law enforcement officers. The Center has also conducted a training workshop for law enforcement trainers and curriculum specialists of law enforcement agencies, and a workshop on Policy Formulation and Development for law enforcement planners and administrators.

We believe that an association of this sort is the most effective way to bring about change in police behavior. Human rights organizations can raise awareness of the nature and incidents of human rights abuses in society. But when a professional body related to law enforcement becomes involved in highlighting and exposing these abuses, it sends a different signal to the government and to the police department itself, a signal they are more likely to heed. In this notebook I describe the creation of our police association, and the development of our work supporting within the police force a professional attitude that is respectful of human rights. I then discuss some of the questions relevant to the use of this tactic in other contexts. Whether you are a concerned law enforcement professional or a human rights activist, it is my hope that this analysis will help you consider how steps can be taken to professionalize the police and improve its human rights record in your own situation.

*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

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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.

Making the Global Local

bharris — Fri, 25 May 2007 20:08:07 -0500

Making the Global Local: Applying Global Agreements to Local Enforcement of Human Rights Laws

By Columbus Igboanusi

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See Phillipe Duhamel's creative take on this resource at interTactica!

In the human rights field, there is often a wide gap between the locus of abuse and the policies, laws and treaties that were created to prevent or stop it. Furthermore, often the discussion of these abuses and the law and policies to prevent them are only talked about in high level policy and diplomatic forums. The tactic presented in this notebook helps bridge these gaps. The League of Human Rights Advocates in Slovakia recruits people from the disenfranchised population – in this case the Roma – to serve as human rights monitors. The monitors learn, often for the first time, about their own rights under national and international law. The LHRA and the monitors then work to enforce those rights –that were signed into existence in far-off capitals–in their own town halls, police stations, schools and communities. The information from local monitors is used to present the true, on the ground, impact of national and international laws in the country. The work done in Slovak may provide each of us with tactical ideas to address similar gaps in each of our communities and countries.

This notebook describes the creation and functioning of a systematic volunteer network of human rights monitors in Slovakia, maintained by the League of Human Rights Advocates (LHRA). The LHRA believes that its grassroots monitoring of local compliance with international human rights commitments assists and encourages the state and its apparatus to live up to its international obligations. The LHRA’s investigatory work, public education efforts and high-level contacts with international human rights NGOs also enable it to put considerable pressure on the Slovak government to live up to its international commitments. The LHRA’s volunteer monitors thus help achieve justice for local Roma people and others suffering human rights abuses. In addition, since LHRA monitors are themselves Roma activists living in Roma communities. The LHRA training process empowers them and their communities to understand and stand up for their rights.

*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.

Leveraging the Money

bharris — Fri, 25 May 2007 20:08:06 -0500

Leveraging the Money

by Ulrich Mueller

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In this notebook Ulrich Mueller describes a strategy of the FoodFirst Information and Action Network to influence large mining operations that were causing various human rights abuses, by putting pressure on banks and other financial institutions that invest in those mines. The notebook provides a thorough analysis of the kinds of research and pressure tactics that can provide an important new source of leverage for communities that are trying to counter the damage that can be caused by huge corporate projects on or near their land. This tactic can be extended to cover a broad range of issues in which there is a need to pressure corporations, as it takes into account their crucial dependence on the globalized financial community to invest in their operations, and the growing sensitivity of that financial community to sociopolitical pressure.

This notebook explains how the FoodFirst Information and Action Network influenced financial institutions to promote better protections for human rights or to prevent projects that would lead to human rights violations. FIAN Germany used this tactic mainly in a campaign against violations of the right-to-food caused by large surface gold mines. The campaign cooperates closely with affected communities and local organizations. Together with these partners, FIAN investigates the human rights problems of specific mines. We then use a number of instruments to bring the findings to the attention of investors and the public: fact-finding mission reports, calls for urgent action among members, involving human rights bodies at the national and international level, media work, speaker tours, conferences and lobbying. This combination provides new leverage to influence financial institutions and mining companies. And this in turn helps affected communities to claim their rights under difficult circumstances.

We started to support mining-affected communities in 1995. The first contacts we had were with communities in Peru and Turkey. In some of these cases, German investors were involved in financing the mines. This gave us an opportunity to link human rights violations in other countries to actors in Germany. And it also proved to be an effective tool to put pressure on the mining companies. From that starting point, FIAN began using investor pressure as a primary tactic in its gold mining campaign. The tactic of directing campaigns toward financial institutions is not limited to mining.

As financial institutions are, more and more, a powerful economic force worldwide, this tactic could be used in a variety of ways in other cases of corporate abuse: Industry-wide campaigns are pressing financial institutions like banks or pension funds to withdraw support from specific industrial sectors or to pressure companies in that sector to adopt new standards or practices. Campaigns might also focus on an individual company or a specifically harmful project (like large infrastructure projects, dams, mines, etc.). In these cases, investors might be urged to withdraw their support from a specific project or to pressure the company to change their behavior. Additionally, campaigns might focus on financial market practices themselves and demand new investment rules and practices like ethical investment.

This notebook focuses on project-level campaigning, using the example of a gold-mining project in Ghana. It will start with background information on the human rights impacts of surface gold mining. The elements of the tactic will be explained and illustrated through the example. The second part will discuss what questions are important when using the tactic and how the tactic could be transferred.

*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.