Making Global Public Policy

Lecture 9UNProfessor O’Malley

Generally Speaking

The UN has become a more transnational actor; it has opened the door for a comprehensive global policy process with itself at the center

Relies on Subsidiarity – a concept of governance that places responsibility for policymaking and implementation at the lowest and most decentralized level commensurate with the ability to perform assignments effectively and efficiently• Allows for burden sharing (protecting the UN from

overload)• Attracts support for UN policies by lowering decision

making to level where costs and benefits are experienced almost immediately

Generally Speaking

Centered on the idea of thematic diplomacy – emphasizes international cooperation to solve human problems of a global character• These are thought to be ‘soft’ or ‘peripheral’ issues

dealt with by the ‘Other United Nations’

Based on a stakeholder strategy• NGOs• Civil society• Business community

*Works only to the extent that member states are willing to let it

De Facto and De Jure Expansion

• Article 71 of Charter allows NGOs to establish consultative status

• ECOSOC Resolution 31 (1996) grants ‘general’ consultative status – NGOs can propose agenda items

• World Conferences companion NGO forums

• Required participation in ‘PrepComms’ – preparatory committees for UN-sponsored global meetings

• ILO first IGO to incorporate popular decision making – each state gets an employer and worker rep.

• UNAIDS first programme to welcome NGOs reps. with full membership on coordinating board

Role of NGOs

• Bring community concerns to UN bodies

• Monitor global policies and international agreements

• Provide analysis and expertise

• Serve as early warning mechanisms

• Act as interest groups w/in the UN system

• Serve on agency boards

• Develop programme proposals

Coordination of NGO activity

• CONGO (Conference on NGOs in Consultative Status with ECOSOC) – serves as representative voice of all NGOs• Ensure there are the fullest opportunities and facilities

for performing consultative functions• Provide forum on consultative process• Convene meetings to exchange views on items of

common interest

• Executive committee of NGO community acts in advisory and liaison capacity with UNDPI

• NGLS (UN Non-governmental Liaison Service) assists development NGOs in coordinating efforts with appropriate UN agencies

Overall

• NGOs have become ‘citizen organizations’ within the UN system

• IGOs that have failed to ‘democratize’ face criticism (ex: WTO, World Bank)

• Example of working partnership: UNDP and WWF (formerly the World Wildlife Fund) – entered global partnership in 2003 to combat environmental problems

Special Rapporteurs

• Definition: Individuals who are well-known experts in their field tasked with investigating and reporting on a particular field in thematic diplomacy

• Often referred to as country mechanisms at UN – provide most up-to-date information on human rights abuses (and other info) available to world community

• Work on torture, violence against women, child prostitution, racial discrimination, right to food, et.al

• Ex: Rwanda SR warned of genocide in 1993 before it began

Global Compact

• Established by SG Annan in 1999. Overall goals:• Promotion of international corporate citizenship• Social responsibility• Establishment of corporate ‘good practices’

• Companies must agree to ten principles (see p.232-233)

• Global Compact Office with 17 member advisory council – UNIDO (UN Industrial Development Org. is a core element; helps promote SMEs)

Global Compact

• MMI (Money Matters Institute) – forum in which private companies, IOs and Third World policymakers can exchange ideas on private capital and the development process

• Global Compact Learning Forum – online service for sharing lessons learned in private corporate efforts

• Critique: • Is UN-corporate partnership a good idea?• Promotes only capitalist economic system• MNCs cause most development and environmental

problems• UN won’t stand up to partners when it needs to

Human Rights in General

• Mentioned in Preamble of Charter and numerous references throughout

• ECOSOC created CHR (Commission on Human Rights) in 1946; UDHR adopted in 1948

• Western states focused more on civil and political rights – judicial process to protect rights

• Developing nations emphasize economic, cultural and social rights – prerequisite to political rights – collective outlook that the group deserves rights over the individual

International Bill of Human Rights

Composed of the UDHR and the following 2 treaties:

• ICCPR (International Covenant on Civil and Political Rights• Freedoms of speech, press, worship and assembly• Security of person and property• Free political participation• Procedural due process• Obligation to submit regular reports to Human Rights Committee

• ICESCR (International Covenant on Economic, Social and Cultural Rights)• Guarantees adequate standard of living (food, clothing, housing)• Access to education, social security, medical care, employment,

shelter, mental health and leisure

UN HR Conventions and Development

See list on p.237-238 of text, and

UN Institutional Structure for HR

CHR (Commission on Human Rights) holds greatest authority

• UDHR may be most important achievement, but passes over 80 resolutions/yr and proposes new conventions, declarations and conferences

• 53 member states—elected by ECOSOC by geography

• Sub-commission on the Promotion and Protection of Human Rights – 26 experts acting in personal capacity and recommending policies—important access point for NGOs, other IOs and governments

• Working groups on arbitrary detention, forced disappearances, indigenous peoples and ‘Human Rights Situations’

UN Institutional Structure for HR

Besides CHR and Human Rights Committee (which makes recommendations to countries) – 5 committees:• Committee Against Torture• Committee on the Elimination of Racial Discrimination• Economic, Social and Cultural Rights Committee• Committee on the Elimination of Discrimination against Women• Committee on the Rights of the Child

• Membership varies from 10-24 reps., selected by states party to the specific convention• Voting not governed by state policy but by individuals• Solicit ‘country reports’ from governments—review reports and listen to complaints from NGOs

UN Institutional Structure for HR

• CHR Dialogue-Report process—nexus of national governments, NGOs, committee’s secretariat and UN agencies in development of human rights

• 1993 World Conference on Human Rights (the Vienna Conference)• Extreme poverty and social exclusion violates human dignity• Created UN High Commissioner for Human Rights (UNHCHR)

• Focal point for all UN HR activities and secretariat for all treaty bodies

• Studies and provides recommendations, info and analysis to all UN organs dealing with HR

• Sponsors training programs for police, legal and military personnel

• Establishes field offices in conflict zones and directs world attention to HR crises

Judicial Process

• Over time growing acceptance of the responsibility of individual leaders for crimes committed by the state

• Nuremberg Trials after WWII—leaders tried for ‘crimes against humanity’—’murder, extermination, enslavement, deportation and other inhumane acts committed against any civilian population, before or during war…whether or not in violation of domestic law of the country where perpetrated’

• Tension between promotion of HR and sovereignty of states in UN Charter

Judicial Process

• ICTY (1993) and ICTR (1994) both created by Security Council; Special Court for Sierra Leone (2002)• Judicial Diplomacy – UN and state negotiations to craft

proceedings of national and international significance• Peace settlement can trump HR prosecution (ex: Taylor

allowed to stay free for negotiations on Liberia)• These three lead to idea for International Criminal Court

(ICC) – Rome Statute in 1998 (jurisdiction to genocide, war crimes, crimes against humanity but not terrorism)

• Cases referred to ICC under Chapter VII, by a party to the Rome Statute, or by chief prosecutor with approval of 3 judges

• ICC not a subordinate agency to UN• 18 judges to 9-year terms• Victims can testify; various punishments