CETIM - Europe - Third World Centre - analysis, human rights,

Critical reports

Part of a series of the Human Rights Programme of the CETIM.

This series of critical reports deals with what is at stake concerning certain debates within the UN instances on human rights in order to inform and train all those engaged in the struggle for the respect and the implementation of their human rights.

It also hopes to provide them a better knowledge of the documents (conventions, treaties, declarations, etc.) and existing official instruments.

The Human Rights Program of the CETIM is dedicated to the defence and promotion of all human rights, a commitment based on the principle that human rights are totally inseparable and indivisible. Within that commitment, however, the CETIM has a particular focus on economic, social and cultural rights and the right to development, still much neglected in our times when not denied outright. Its objective includes combating the impunity accompanying the numerous violations of these rights and helping the communities, social groups and movements victimized by these violations to be heard and to obtain redress.


2013		Responsibility to protect

2012		The Fight against Poverty and Human Rights

2011		Transnational Corporations : Major Players in Human Rights Violations
		For the Respect of The Rights of all Migrant Workers

2010		Mercenaries, Mercenarism and Human Rights
		International, Regional, Subregional and Bilateral Free Trade Agreements

2009		The Right to Water
		The Rights of Peasants
		Transboundary Transfers of Toxic Wastes and their Effect on Human Rights

2008		The Global Food Crisis and the Right to Food
		The Optional Protocol to the ICESCR
		The Human Rights Council and its Mechanisms

	RESPONSIBILITY TO PROTECT: PROGRESS OR REGRESSION OF PUBLIC INTERNATIONAL LAW? N°12 - December 2013 - PDF
	Can one justify a military intervention on humanitarian grounds? Since the first decade of this century, we have been been witnessing a new attempt to justify interventions and meddling in the name of humanitarian concerns: this is what is now called «responsibility to protect». Hailed by some as an advance in international public law, and even, sometimes, as the symbol of the coming of a new international order, the responsibility to protect has most notably been invoked in the decisions of the United Nations Security Council in the cases of Libya and Ivory Coast. By virtue of this theory, the first responsibility of the state is to protect its populations, but, when the state is unable to do so, it is incumbent on the international community to do so. This new critical report of the CETIM examines critically the responsibility to protect and analyzes it in view of current geopolitical power plays. It presents in detail the main aspects of the concept of the responsibility to protect, the context of its elaboration, the arguments put forth in favor of it and the conditions of its implementation. The report demonstrates its relation to other theories that are now largely outmoded and discredited regarding humanitarian intervention. This report revisits the founding of the United Nations and recalls the importance of the principles contained in its Charter that guarantee equality among states and constitute a rampart against arbitrariness and the principle that might makes right. It criticizes the responsibility to protect as a new attempt to manipulate international law in a way that threatens the foundations of the international order and endangers peace and security throughout the world. Introduction I. Historical Overview A) The Nineteenth Century Theory of «Intervention Based on Humanity» B) The Creation of the United Nations and the Principles of Its Charter C) The Theory of the «Right of Humanitarian Interference» II. The Responsibilty to Protect A) The Context in Which it was Drafted B) The Concept C) Arguments in Favor of Military Interventions D) Circumventing the United Nations Charter E) The United Nations 2005 World Summit F) Implementation of the «Responsibility to Protect» Conclusion

	Article by Robert James Parsons about this report for Le Courrier : Du "droit d'ingérence" à la "responsabilité de protéger" (image, French only)

Some documents and websites mentionned on this report:
		"Humanitarian assistance to victims of natural disasters and similar emergency situations", GA Resolution 43/131, 8 December 1988 (PDF)
		"Humanitarian assistance to victims of natural disasters and similar emergency situations", GA Resolution 45/100, 14 December 1990 (PDF)
		Security Council Resolution 1706, 31 August 2006 (Darfour) (PDF)
		Security Council Resolution 1975, 30 March 2011 (Situation in Cote d'Ivoire) (PDF)
		Security Council Resolution 2000, 27 July 2011 (Situation in Cote d'Ivoire) (PDF)
		"Implementing the responsibility to protect", Report of the U.N. Secretary-General B. Ki-Moon, 12 January 2009 (PDF)
		International Court of Justice, "The Corfu Channel Case", Judgment of April 9th, 1949 (PDF)
		"Intervention humanitaire et intervention d'humanité : évolution ou mutation en Droit international ?" by Katia Boustany in Revue québécoise de droit international, vol. 8, 1, 1993-1994 (PDF, French only)
		"Responsibility to protect: Introduction and implementation, distrust and misuse", by Hans-Christof Von Sponeck in International, 1/2012 (PDF)
		"Réflexions liminaires à propos des interventions humanitaires des Puissances européennes au XIXe siècle", by Davide Rodogno in Relations internationales, 131, 3/2007 (French only)
		"Responsibility to protect", report of the ICISS, published by International Development Research Centre, Ottawa, 2011

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	THE FIGHT AGAINST POVERTY AND HUMAN RIGHTS n°11 - June 2012 - PDF
	Introduction I. What is Poverty? A. The Semantic Fog B. A Multidisciplinary Field of Research C. What is Lacking in the Research D. Multidimensional Poverty II. The Lessons of History: Ideology and Poverty III. Quantifying Poverty A. Measuring Monetary Poverty B. Measuring Non-monetary Poverty C. Figures Relative to Poverty D. How do These Figures Help Us? E. And Inequality IV. Strategies in the Fight against Poverty A. From Francis of Assisi to the Great Confinement B. From Mandeville and Marx to Social Citizenship C. From the ILO to the U.N. and the Universal Declaration of Human Rights V. The Break with Neo-liberalism and its Repercussion within the U.N. A. Debt, Structural Adjustment Programs, the World Bank and Its Claim to Fight Poverty B. The Millennium Development Goals: A Story of a Preordained Failure Conclusion

	Extract by Francine Mestrum for Public Service Europe: Global poverty is a consequence of free-trade ideology

Some documents and websites mentionned on this report:
	Website of Social Global Justice
	*UNDP, Human Development Report 2001* (pdf)**
	Website of the UN Secial Rapporteur on extreme poverty and human rights
		Annual reports
		Country visits
	General Assembly Resolution 3201 (S-VI) adopted the 1st May 1974
	General Assembly Resolution 3202 (S-VI) adopted the 1st May 1974
	ESCR, Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights: Poverty and the International Covenant on Economic, Social and Cultural Rights 10 May 2001 (§§ 1 and 8, E/C.12/2001/10)


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	TRANSNATIONAL CORPORATIONS : MAJOR PLAYERS IN HUMAN RIGHTS VIOLATIONS n°10 - December 2011 - PDF
	Contents Introduction I. FAILED ATTEMPTS TO SET BINDING INTERNATIONAL STANDARDS FOR TRANSNATIONAL CORPORATIONS (TNCs) A. Previous Efforts B. Reopening of the Discussion C. John Ruggie's 2011 Final Report D. The Global Compact, a Trojan Horse within the United Nations II. TNCs, THE ARMAMENTS INDUSTRY AND THE WAR A. A Lucrative Large-Scale Private Industry B. NATO 's “Marketing” of Armaments C.The Paralysis of the Conference on Disarmament III. TNCs AND MERCENARIES A. An Exponential Phenomenon B. A Case Study IV. TRANSNATIONAL FINANCIAL CAPITAL, CRISES AND THE DETERIORATION OF LIVING CONDITIONS A. The Hegemony of Financial Capital B. Financial Crises Conclusion Annex

Some documents and websites mentionned on this report:
	Website of the UN Special Representative on Human Rights and TNC and Other business Enterprises
	See the CETIM Issue on this subject
	See the CETIM booklet Transnational Corporations and HUman Rights
	See the CETIM publication on Global Compact and Nestlé


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	FOR THE RESPECT OF THE RIGHTS OF ALL MIGRANT WORKERS n°9 - October 2011 - PDF
	Contents Introduction I. The causes of international migration II. The Problems and Human Rights Violations encountered by migrants during the process of migration III. The situation for migrants in the host country and at their borders A) The European Union 1. The situation for regular migrants 2. The situation for irregular migrants 3. The situation for asylum seekers 4. Arbitrary detention 5. The crime of solidarity B) The situation of domestic workers throughout the world IV. Recommendations at the international level to protect the rights of migrants Conclusion Annex

Some documents mentionned on this report:
	Website of the UN Special Rapporteur on the human rights of migrants
	UNDP, Human Development Report 2009. Overcoming barriers: Human mobility and development
	Website of Migreurop
	Migreurop, “A Critical Chronology Of European Migration Policies” by Alain Morice (CNRS-University Paris-Diderot) for Migreurop 6th September 2011
	Website of the European Commission against Racism and Intolerance (ECRI)
	December 18, The UN Treaty Monitoring Bodies and Migrant Workers: a Samizdat Update October 2009


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	MERCENARIES, MERCENARISM AND HUMAN RIGHTS n°8 - Novembre 2010 - PDF
		Annex 1 - International Convention against the Recruitment, Use, Financing and Training of Mercenaries
		Annex 2 - Convention for the Elimination of Mercenaries in Africa
		Annex 3 - Draft Convention on Private Military and Security Companies (PMSC)

Some other documents mentionned on this report:
		Website of the Special Rapporteur on the use of mercenaries
		Website of the Working Group of Experts on the use of mercenaries
		The Montreux Document
		Watch our conference with some experts on this issue (in French)


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	INTERNATIONAL, REGIONAL, SUBREGIONAL AND BILATERAL FREE TRADE AGREEMENTS n°7 - July 2010 - PDF

Some documents mentionned on this report:
		Bilateral treaties on free trade and promotion and protection of investments: “arms of massive destruction” to national and international public law and human rights law CETIM and AAJ joint written statement, Human Rights Sub-Commission 2004
		Webpage of the People’s Summit Linking Alternatives III DeclarationLima (May 2008)
		STOP LAND GRABBING NOW! Say NO to the principles of “responsible” agro-enterprise investment promoted by the World Bank ! Joint Statement by La Vía Campesina, FIAN, Land Research Action Network and GRAIN (April 2010)
		Annual Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Mr. Anand Grover, Human Rights Council A/HRC/11/12 (31 March 2009)
		*Human Rights and Bilateral Investment Treaties. Mapping the role of human rights law within investor-state arbitration* by Luke Eric Peterson, Ed. Rights and Democracy - International Centre for Human Rights and Democratic Development (2009)
		*Bolivia y el CIADI: crónica de un divorcio anunciado* Equipo de Análisis Ministerio de Relaciones Exteriores y Cultos de Bolivia, only in Spanish (July 2010)
		Trade and Development Report 2007 UNCTAD
		32 organismes exigent plus de transparence et de consultation de la population concernant les négociations d’un accord de libre-échange Canada-Union européen Press release from Attac Québec, only in French (6 August 2010)


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	THE RIGHT TO WATER n°6 - October 2009 - PDF
		Annex 1 - General Comment n°15, The right to water (articles 11 et 12), CESCR, E/C.12/2002/11 (20 January 2003)
		Annex 2 - Report of the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation Catarina de Albuquerque, Human Rights Council, A/HRC/12/24 (1st July 2009)
		Annex 3 - Report of the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation Catarina de Albuquerque, Human Rights Council, A/HRC/10/6 (25 February 2009)
		Annex 4 - Resolution 7/22 of the Human Rights Council, Human rights and access to safe drinking water and sanitation (28 March 2008)
		Annex 5 - Report of the Secretary-General to the General Assembly, International Year of Sanitation A/64/169, §3-4 (24 July 2009)
		Annex 6 - Report of the United Nations High Commissioner for Human Rights on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments, Human Rights Council A/HRC/6/3 (16 August 2007)
		Annex 7 - Decision 2/104 of the Human Rights Council, Human rights and access to water (27 November 2006)
		Annex 8 - Human Development Report 2006, Beyond scarcity: Power, poverty and the global water crisis, UNDP (2006)
		Annex 9 - Report of the Special Rapporteur El Hadji Guissé, Realization of the right to drinking water and sanitation, Commission on Human Rights, E/CN.4/Sub.2/2005/25 (11 July 2005)
		Annexe 10 - Report of the Special Rapporteur El Hadji Guissé, Relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation, Commission on Human Rights, E/CN.4/Sub.2/2004/20 (14 July 2004)
		Annex 11 - Report of the Special Rapporteur on the right to food, Jean Ziegler, The right to food, Commission on Human Rights, E/CN.4/2004/10 (9 February 2004)
		Annex 12 - Report 2003 of the Special Rapporteur on the right to food Jean Ziegler, The right to food, Commission on Human Rights, E/CN.4/2003/54 (10 January 2003)
		Annex 13 - Report 2001 of the Special Rapporteur on the right to food Jean Ziegler, General Assembly, The right to food, A/56/210 (23 July 2001)
		Annex 14 - Resolution 2001/25 on The Right to Food, Commission on Human Rights (20 April 2001)


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	THE RIGHTS OF PEASANTS n°5 - September 2009 - PDF
		Annex 1 - Declaration of Rights of Peasants - Women and Men, adopted by La Vía Campesina International Coordinating Committee (Seoul, March 2009)
		Annex 2 - Annual Report of La Vía Campesina Violations of Peasants' Human Rights. A Report on Cases and Patterns of Violence 2006
		Annex 3 - Peasant Farmers and the Right to Food: a History of Discrimination and Exploitation, Working paper by Mr. Jean Ziegler member of the UN Human Rights Council Advisory Committee, A/HRC/AC/3/CRP.5 (4th August 2009)
		Annex 4 - Preliminary report to the drafting Group of the Human Rights Council Advisory Committee on the Right to Food, Working paper by Mr. Jean Ziegler, member of the UN Human Rights Council Advisory Committee, A/HRC/AC/2/CRP.2 (19th January 2009)
		Annex 5 - Seed policies and the right to food: enhancing agrobiodiversity and encouraging innovation, Report of the Special Rapporteur on the right to food, O. De Schutter to the General Assembly, A/64/170 (23rd July 2009)
		Annex 6 - Report of the Special Rapporteur on the right to food, Olivier De Schutter, to the Human Rights Council, A/HRC/12/31 (21st July 2009)
		Annex 7a - Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security, FAO (November 2004) Part I
		Annex 7b - Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security, FAO (November 2004) Part II
		Annex 8 - Resolution A/HRC/10/L.25 on The Right to Food, Human Rights Council (draft resolution, 20th March 2009)
		Annex 9 - Resolution 7/14 on The Right to Food, Human Rights Council (adopted 27th March 2008)
		Annex 10 - Resolution A/HRC/S-7/2 (adopted by the Human Rights Council, 22nd May 2008) on the Report of the Human Rights Council on its Seventh Special Session (hold 17 July 2008)
		Annex 11 - Report of the Advisory Committee on its First Session (Genève 4-15 August 2008, A/HRC/10/2) to the Human Rights Council, A/HRC/AC/2008/1/2 (3 November 2008, 1er document)
		Annex 12 - Christophe Golay, The Right to Food and Access to Justice : Examples at the National, Regional and International Levels, FAO (2009) Actually only in French, but the Englsh version will be soon available !

More on this issue:
		FAO Website on the right to food


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	TRANSBOUNDARY TRANSFERS OF TOXIC WASTES AND THEIR EFFECT ON HUMAN RIGHTS n°4 - May 2009 - PDF
		Annex 1 - Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (5 May 1992)
		Annex 2 - Status of Ratification of Basel Convention (Basel Convention Webpage)
		Annex 3 - Basel Convention Ban Amendment (22 September 1995)
		Annex 4 - Status of Ratification of Basel Convention Ban Amendment (Basel Convention Webpage)
		Annex 5 - OUA Resolution 1153
		Annex 6 - Bamako Convention on the Ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa
		Annex 7 - Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (revised version 2005) and Rotterdam Convention Website HERE
		Annex 8 - Stockholm Convention on Persistent Organic Pollutants (POPs)
		Annex 9 - All Resolutions of the Commission on Human Rights and the Human Rights Council on "the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights" and General Assembly Resolutions on the same subject (OHCHR Webpage)
		Annex 10 - Annual Reports and addenda of the Special Rapporteur (OHCHR Webpage)
		Annex 11 - Mission Reports of the Special Rapporteur (OHCHR Webpage)
		Annex 12 - Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights (adopted by the Sub-Commission on the Promotion and Protection of Human Rights in 2003) and its Commentary (Sub-Commission, 2003)
		Annex 13 - Main reference websites


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	THE GLOBAL FOOD CRISIS AND THE RIGHT TO FOOD n°3 - December 2008 - PDF
		Annex 1 - Building resilience: a human rights framework for world food and nutrition security, Report of the Special Rapporteur on the Right to Food, O. De Schutter (on the global food crisis), A/HRC/9/23 (September 2008)
		Annex 2 - Background Note: Analysis of the World Food Crisis by the U.N. Special Rapporteur on the Right to Food, Special Rapporteur on the right to food, O. De Schutter (2 May 2008)
		Annex 3 - Resolution 7/14 on The right to food, Human Rights Council (22 May 2008)
		Annex 4a - Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security, FAO (November 2004) Part I
		Annex 4b - Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security, FAO (November 2004) Part II
		Annex 5 - Declaration of the high-level conference on world food security: the challenges of climate change and bioenergy, FAO (5 June 2008)
		Annex 6 - The world doesn’t need more of the same medicine, Final joint NGO Declaration addressed to Governments on World Food Crisis (June 2008)
		Annex 7 - J. Berthelot, Sorting the truth out from the lies about the explosion of world agricultural prices (October 2008)
		Annex 8 - The right to food, CETIM (2005)
		Annex 9 - General Comment 12 on the right to adequate food, ICESCR, E/C.12/1999/5 (May 1999)

More on this issue:
		Website of the UN Special Rapporteur on the Right to Food, Olivier de Schutter (June 2008-)
		Website of the former UN Special Rapporteur on the Right to Food, Jean Ziegler and his team (2000 - June 2008)


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	THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR) n°2 - November 2008 - PDF
		Annex 1 - Resolution A/HRC/RES/8/2 of the Human Rights Council on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted 18 June 2008
		Annex 2 - International Covenant on Economic, social and Cultural Rights
		Annex 3 - Status of Ratification ICESCR (December 2008)
		Annex 4 - Working Group Report, first session (2004), E/CN.4/2004/44
		Annex 5 - Working Group Report, second session (2005), E/CN.4/2005/52
		Annex 6 - Working Group Report, third session (2006), E/CN.4/2006/47
		Annex 7 - Working Group Report, fourth session (2007), A/HRC/6/8
		Annex 8 - Working Group Report, fifth session (2008), A/HRC/8/7

More on this issue:
		Webpage of the Committee on Economic, Social and Cultural Rights (ESCRC)


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	THE HUMAN RIGHTS COUNCIL AND ITS MECHANISMS n°1 - March 2008 - PDF
		Annex 1 - A Brief Presentation of the Former Commission on Human Rights
		Annex 2 - Resolution 60/251 (creating the Human Rights Council)
		Annex 3 - Resolution 5/1 (instituting the Council’s mechanisms)
		Annex 4 - Resolution 5/2 (regarding Code of Conduct for Special Procedures Mandate-holders)
		Annex 5 - Decision A/HRC/6/DEC/102 (defining the general guidelines for the Universal Periodic Review and technical and objective requirements for eligible candidates for mandate holders)
		Annex 6 - Resolution A/HRC/6/RES/17 (establishment of voluntary Trust Funds)
		Annex 7 - Relevant addresses

More on this issue:
		Webpage of the Human Rights Council