Human Rights Monitoring, Fact-Finding and Documentation

MONITORING, FACT-FINDING & DOCUMENTATION

• MONITORING -- the close observation of a situation or individual case carried out so as to determine what further action needs to be taken.

• FACT-FINDING -- identifying the violations in one event, and establishing the facts relevant to these violations. Fact-finding and investigation are terms that are used interchangeably.

• DOCUMENTATION -- the systematic recording of the results of the investigation of an event

Monitoring usually involves the investigation and documentation of a large number of events

The cooking analogy

Monitoring

• The close observation of a situation or individual case

• Carried out to determine what further action is needed

Elements of Monitoring:

Carried out over an extended period of time Involves collecting or receiving a large

quantity of data Requires constant or periodic investigation

and documentation of developments Uses standards or norms to assess the

situation Results in a report, which provides a basis for

further action

Example of a Norm

• RIGHT: Right to Life

• INTERNATIONAL STANDARD: “No one shall be arbitrarily deprived of his life.” (Article 6 (1) of the International Covenant on Civil and Political Rights)

Monitoring for gaps at two levels:

• Between universally accepted standards and domestic (national) legislation

• Between domestic standards and how they are applied in reality

Monitoring Gaps

DOMESTIC

STANDARDS DOMESTIC

APPLICATION

UNIVERSAL

STANDARDS

Types of Monitoring

• SITUATION MONITORING monitors…a) Human Rights Violations

b) Legislation

c) Laws and Policies

d) Human Rights Institutions (establishment and progress)

• CASE MONITORING monitors…a) An individual client’s legal case proceedings

b) Relief and rehabilitation services provided to a client

c) Other forms of intervention in the case

Scope of MonitoringMonitoring may be broad or narrow in its scope, varying in terms of…

• RIGHTS COVEREDa) Broad – ex. A report on the performance of a government regarding

civil and political rights

b) Narrow – ex. A report on disappearances in one country

• TARGET GROUPSa) Broad – ex. Monitoring the entire population of a country

b) Narrow – ex. Focusing on specific sectors, such as:

– children, ethnic minorities, workers, prisoners, etc.

• GEOGRAPHICAL SCOPE

Country-wide is the most common, but a different focus includes:a) Broad – ex. Large regional areas, such as Eastern Africa

b) Narrow – ex. Smaller regional areas, such as a depressed locality

Why Monitor?

• REACTIVE RESPONSES

a) Pinpoint defects in a situation or case and indicate remedies

(Most common general purpose)

b) Decide whether steps towards improvement are working

• EARLY WARNING

a) Present an assessment of a situation to cite the likelihood of conflict well in advance so that mechanisms of intervention may be established

Monitoring Purposes(Including, but not Limited to…)

• ASSISTING governments in applying international standards• PRESSURING governments to adopt and implement these

standards through such actions as publicity campaigns• UNDERTAKING domestic legal action (i.e. take cases to court)• ENHANCING public awareness through actions like publicity

campaigns• AIDING victims• PROVIDING early warning in potential conflict areas

Primary Monitoring Methodologies

1) Indicators-Based Methodology

2) Acts-Based Methodology

(“Events Methodology”)

Indicators-Based Methodology

• An INDICATOR demonstrates where something is, what direction it is headed, and how far it is from the objective. May be:

a) Result (Ex. – mortality rate)

b) Process (Ex. – Proportion of children immunized against childhood diseases)

• A BENCHMARK refers to the level to be met when using a certain indicator

(Ex. 90% of all children under 5 years immunized )

Events-Based Methodology“A single case of killing is one too many.”

Has been used by human rights groups and NGOs for decades for visible types of violations, such as:

killings, abductions, torture, and detention

Involves investigating events and determining which acts within the event may be or lead up to violations. These include acts of:

a) Commission (ex. – beating a detainee; executing a labour leader)

b) Omission (ex. – failing to protect a labour leader from being killed)

INDICATORS-BASED METHODOLOGY

EVENTS/ACTS-BASED METHODOLOGY

RIGHT TO HEALTH

MORTALITY RATE

CASES OF DENIAL OF TREATMENT

SURVEYS, CENSUS

INVESTIGATION AND DOCUMENTATION OF EVENTS

Events Methodology’s Main Problems

1) Monitoring body may miss some events due to (amongst other reasons):

a) Lack of local contacts

b) “Private matter” (thus unreported)

2) Inability to investigate and document all events a monitoring body learns about due to (for example):

a) An ongoing military operation

b) Unwillingness of actors to be interviewed

What are human rights violations?

• The failure of the state to meet three kinds of obligations:

1) Respect

2) Protect

3) Fulfil

Obligation to Respect• To abstain from doing anything that violates

the integrity of an individual, or group, or infringes on their freedom.This may include such acts as:

1) Extra-judicial killing (violates the obligation to respect an individual’s right to life)

2) Arbitrary arrest (violates the obligation to respect an individual’s right to liberty)

3) Banning a trade union (violates the obligation to respect a group’s right to freedom of association)

4) Restricting the practice of a specific religion (violates the obligation to respect an individual’s freedom of religion)

Obligation to Protect

• To take the necessary measures necessary to prevent others from violating the rights of an individual or group. This may include acts of omission, such as:

1) Failure to acts when a specific group, such as an ethnic group, attacks another

2) Failure to compel companies to pay decent wages

Obligation to Fulfil

• To ensure opportunities for each person to obtain satisfaction of needs recognized by human rights instruments that cannot be secured through personal efforts alone. These include acts of omission, such as:

1) Failure to adopt a basic health care system

2) Failure to implement a free education system at the primary level

PERPETRATOR

ACTVICTIM

Basic Elements of a Human Rights Violation Case

An event may consist of:

1) A single act, such as killing a labour leader or bombing an office

2) A series of acts, such as ARREST TORTURE

EXECUTION

3) Simultaneous acts, such as beating several protestors during a demonstration

Names of Types of Acts• Universally accepted names of violations

include:1) Extra-judicial execution

2) Disappearance

3) Torture

4) Displacement

• Others may be categorized according to the rights they violate, such as:

1) Restriction of the right to movement

2) Denial of the right to bail

Varying Durations of Events

• Instantaneous (ex. – killing)

• Endure for some time (ex. – torture)

• Take years from start to end (ex. – the case of an accused person)

This demonstrates the need for follow-up documentation.

Rights of Arrested/Accused:

• Release in case of unlawful arrest• Presumption of innocence• Adequate time and facilities to prepare defence• Trial by an impartial and independent jury• Fair and public trial• Free assistance of an interpreter• Equality of arms• Prompt and detailed information• Speedy trial• Legal assistance• Freedom from double jeopardy

Who is a victim?

Perpetrator Characteristics

• May be an individual or a group

• May have varying levels of involvement, such as:

1) Directly carried out the act

2) Gave orders that lead to the act

3) Was present but did not participate in the act