GEND 2187 International Human Rights Fall Term 2012 MW, 10:00-11:30 Room A227 Instructor: Dr. Rosemary Nagy Office hours: Tuesday 12-2 or by appointment, Room A335 or 474-3450 ext. 4156 rnagy@nipissingu.ca Calendar Course Description: In this course we examine how international human rights law and norms are promoted and protected under conditions of globalization. We survey major human rights instruments and the different actors and institutions involved in the international human rights regime. We ask what it means to say that human rights are “universal” and how they interact with local values and processes. When might “sovereignty,” “culture” and “tradition” serve to protect gender-based violence and other human rights abuses, and when does the discourse of human rights function to impose “Western” values in the interests in dominant powers? How can international human rights be translated into local justice? My objectives (that which I, the Instructor, aim to do in this course): To expose students to the workings of the international human rights regime through theoretical and case-based analysis To develop students’ critical inquiry into the possibilities and limits of human rights as a tool for social justice, with particular focus on local/global intersections and the notion of universality To provide ample opportunity for student engagement in class, as well as an opportunity for students to raise questions or concerns and seek additional help when needed To assess student learning through a variety of means and with substantive feedback To facilitate students’ self-understanding as globalized citizens and to encourage political engagement with human rights issues Learning Expectations (that which students will do and I will measure): By the end of this course, students will be able to: Demonstrate pre-class preparation (reading and reflection) and comprehension of key concepts and ideas during class discussions Identify and explain the major ways in which human rights are protected and promoted Analytically answer the questions for each week’s reading response Identify and explain historical and contemporary exclusions from universality in the development of international human rights 1 Distinguish between the international human rights regime and local realities and explain how they intersect, or not, with reference to specific issues or cases Select and integrate information from various sources, including electronic and print resources, to create a report and analysis of specific human rights situations Evaluate claims of universality or difference using analytical frameworks of gender, colonialism or race Clearly communicate ideas and argument in written and oral form Course Evaluation Class participation 3 Reading responses (3 pages each; due on the Friday after that week’s class) (one per each third of the semester; i.e. one from weeks 2 to 4; 6 to 8; 10 to 12) Research report (6-8 pages, final version due Thursday, Nov. 29) Final Exam (regular exam period) 10% 35% 25% 30% Course Outcomes (what should result from successfully completing the course): Develop research and communication skills Appreciate the complexity of realizing universal human rights in diverse locales Critically evaluate claims of humanitarianism or universality, and claims of culture or difference Develop critical awareness of the intersections of race, gender, culture and colonialism in the field of human rights Required Text (Available at Gulliver’s Books, 157 Main Street West): Michael Goodhart, ed., Human Rights: Politics and Practice (New York: Oxford University Press, 2009). ISBN: 978-0-19-954084-6. Useful websites: See the textbook’s online resources at http://www.oup.com/uk/orc/bin/9780199540846/ for useful weblinks. See also my website at www.nipissingu.ca/faculty/rnagy We will be using Blackboard in the course. Please check each week prior to class for changes/announcements. 2 GEND 2187 Course Readings *Supplemental readings are mainly for your interest, although I will sometimes draw on supplemental readings in my lecture 1. Week of Sept 10 – Introduction Goodhart, “Introduction” in Goodhart textbook. Ishay, Micheline. "The Universal Declaration of Human Rights at 60: A Bridge to which Future?" Perspectives on Global Development & Technology 9, no. 1 (03, 2010): 11-27. Read the “International Bill of Human Rights” (Appendices 1-3 in Goodhart i.e. UDHR, ICCPR, ICESCR) and familiarize yourself with the other international human rights instruments (CAT, CEDAW, CRC, ICERD in particular) on the website of the Office of the United Nations High Commissioner for Human Rights at http://www2.ohchr.org/english/law/ *One Reading Response needs to be completed during Weeks 2 to 4* 2. Week of Sept 17 – Foundations and Challenges: Liberalism and the paradox of human rights Langlois, “Normative and Theoretical Foundations of Human Rights,” ch. 1 in Goodhart. Chandler, “Ideological (Mis)Use of Human Rights,” ch. 7 in Goodhart *supplementary: Marie-Bénédicte Dembour (2010) ‘What Are Human Rights? Four Schools of Thought’, Human Rights Quarterly, Volume 32, Number 1.pp. 1-20. READING RESPONSE: HUMAN RIGHTS ARE SUPPOSED TO DEFEND THE POWERLESS, BUT IN FACT, HUMAN RIGHTS ARE IMBUED WITH POWER BOTH IN THEIR HISTORICAL CONCEPTUALIZATION AND POLITICAL REALIZATION. EXPLAIN. 3. Week of Sept 24 – Foundations and Challenges: Postcolonialism Mutua, Makau. "Savages, Victims, and Saviors: The Metaphor of Human Rights." Harvard International Law Journal 42, no. 1 (2001): 201-45 available at http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=1525547 Case study: Kony 2012 See Africa Canada Accountability Coalition blog, “Finding the Good in Kony 2012,” 19 March 2012, at http://blog.africacanada.org/?p=111 to get a sense of the commentary on this viral video. We’ll watch the video in class. 3 READING RESPONSE: ANALYZE AND CRITICALLY EVALUATE “KONY 2012.” DO YOU THINK IT HAS BEEN HARMFUL OR HELPFUL (TO WHOM, YOU MIGHT ASK?) IN THE END? 4. Week of Oct 1 – Foundations and Challenges: Feminist Engagements Ni Aolain, Fionnuala D., “Learning the Lessons: What Feminist Legal Theory Teaches International Human Rights Law and Practice” (3 June 2009) available at SSRN http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1413930 Tobin, Theresa W. 2009. "Using Rights to Counter “Gender-Specific” Wrongs." Human Rights Review 10, no. 4: 521-530. *supplemental: Dauer, Sheila, and Mayra Gomez. "Violence against Women and Economic, Social and Cultural Rights in Africa." Human Rights Review 7, no. 2 (January 2006): 49-58. READING RESPONSE (CHOOSE ONE OR SOME VARIATION): WHAT DOES IT MEAN TO SAY THAT WOMEN’S RIGHTS ARE HUMAN RIGHTS? WHAT MIGHT UNIVERSALISM MEAN IN THE FACE OF FEMALE GENITAL CUTTING? AREN’T SOME PRACTICES SO BARBARIC THAT THEY SHOULD BE OUTLAWED? IS TOBIN DEFENDING FGC, AND WHY OR WHY NOT? 5. Week of Oct 8 -- Reading Week *One Reading Response needs to be completed during Weeks 6 to 8* 6. Week of Oct 15 – Realizing Rights? Domestic-International Linkages Smith, “Human Rights and International Law,” ch. 2 in Goodhart Cardenas, “Human Rights in Comparative Politics,” ch. 5 in Goodhart Case Study: Gender Discrimination in the Indian Act of Canada Shelagh Day, “Because 153 years of sex discrimination is enough,” Rabble.ca (December 21, 2010) at http://rabble.ca/news/2010/12/because-153-years-sex-discrimination-enough Sharon McIvor and Jacob Grismer v. Canada, Communication submitted for consideration under First Optional Protocol to the ICCPR at http://povertyandhumanrights.org/wpcontent/uploads/2011/08/McIvorApplicantsPetition1.pdf. Read Paragraphs 1-29, 37-60, 102-111, 125, 132-143, 147, 156-157, 209-212, 245-251. *supplemental: Sandra Lovelace v. Canada [1977-1981] Overview at http://www.escr-net.org/caselaw/caselaw_show.htm?doc_id=1307559& Documents at http://www.usask.ca/nativelaw/unhrfn/lovelace.php (see especially documents 5 and 18) Online video, Lyn Gehl, “Sex Discrimination and the Indian Act” at http://www.lynngehl.com/video-sex-discrimination--the-indian-act.html *supplemental: Landman, “Measuring Human Rights,” ch. 3 in Goodhart. 4 READING RESPONSE: USING OUR CASE STUDY OF GENDER DISCRIMINATION IN THE INDIAN ACT, HOW DO DOMESTIC AND INTERNATIONAL LAW AND POLITICS INTERACT TO SHAPE HUMAN RIGHTS OUTCOMES? 7. Week of Oct 22 -- Realizing Rights? Transnational Activism Glasius, “Global Civil Society and Human Rights,” ch. 9 in Goodhart Rodio, Emily B., and Hans Peter Schmitz. "Beyond norms and interests: understanding the evolution of transnational human rights activism." International Journal of Human Rights 14, no. 3 (May 2010): 442-459. Case Study: Amnesty International Take a look at Amnesty’s international website (www.amnesty.org) as well as the Canadian branch (http://www.amnesty.ca/) What sorts of issues are covered overall on the websites? What seem to be the most pressing issues? How do the two websites compare? Chose one Amnesty International report to read (either a country report or a topic-based report) and be prepared to discuss its content and approach with the class. What sort of tone is taken? Are any rhetorical devices, visual cues or first-person narratives used? To whom is this report aimed? *supplemental: Dauer, Sheila, and Mayra Gomez. "Violence against Women and Economic, Social and Cultural Rights in Africa." Human Rights Review 7, no. 2 (January 2006): 49-58. * David Kennedy, “International Human Rights Movement: Part of the Problem?” Harvard Human Rights Journal, 15 (2002), 101-126. READING RESPONSE: YOUR REPORT ON AMNESTY INTERNATIONAL AS PER CASE STUDY INSTRUCTIONS ABOVE (BUT INTEGRATE IT WITH THE READINGS, TOO!) 8. Week of Oct 29 – Genocide and Intervention Scott Strauss, “Genocide and Human Rights,” ch. 16 in Goodhart Alan J. Kuperman, “Humanitarian Intervention,” ch. 19 in Goodhart READING RESPONSE (CHOOSE ONE OR SOME VARIATION): WHY DOES SO MUCH SEEM TO REST ON THE WORD “GENOCIDE,” PARTICULARLY WITH RESPECT TO INTERVENTION? WHAT CAN WE LEARN FROM THE INTERVENTIONS IN RWANDA, BOSNIA AND DARFUR? HOW DO THEY COMPARE WITH ONE ANOTHER? 9. Week of Nov 5 – Justice for Mass Atrocity Guest Speaker: Dr. Joanna Quinn, Director, Centre for Transitional Justice and Post-Conflict Reconstruction, Western University (Monday, Nov. 5 via Skype) Joanna Quinn, “Transitional Justice,” ch. 20 in Goodhart; Second reading TBA 5 *One Reading Response needs to be completed during Weeks 10 to 12* 10. Week of Nov 12 – The Human Rights of Indigenous Peoples Paul Haveman, “Indigenous Peoples Human rights,” ch. 15 in Goodhart. United Nations Declaration on the Rights of Indigenous Peoples (find online) Case Study: Indian Residential Schools Roland Chrisjohn et al, “Genocide and Indian Residential Schooling: The Past is Present,” in Canada and International Humanitarian Law: Peacekeeping and War Crimes in the Modern Era, edited by Wiggers, R.D. & Griffiths, A.L. (Halifax: Dalhousie University Press: 2002). Available at http://www.nativestudies.org/native_pdf/pastispresent.pdf. At least pages 1-8 and Conclusion. (see note below). Gregory Younging, “Inherited History, International Law and the UN Declaration,” in G. Younging, J. Dewar, and M. DeGagné, eds. Response, Responsibility, and Renewal: Canada's Truth and Reconciliation Journey. Ottawa: Aboriginal Healing Foundation, 2009. Available at http://www.ahf.ca/downloads/trc2.pdf (go to page 323 for start page of the chapter). Note: “Time Present” section in Chrisjohn et al, pages 8-13, is from 2002. For those not familiar with the 2007 Indian Residential Schools Settlement Agreement, see Aboriginal Affairs and Northern Development Canada Backgrounder at http://www.aadncaandc.gc.ca/eng/1100100015755. Note: Canada quietly signed UNDRIP in 2010, emphasizing its “aspirational” and legally nonbinding nature. See Stephanie Dearing, “Canada signs onto UN Declaration of Indigenous Rights,” (Nov. 14, 2010), Digital Journal at http://digitaljournal.com/article/300206. READING RESPONSE: AS CANADIANS, WE OFTEN PRIDE OURSELVES ON OUR INTERNATIONAL HUMAN RIGHTS LEADERSHIP—AFTER ALL, A CANADIAN DRAFTED THE UDHR AND WE ‘INVENTED’ PEACEKEEPING. HOW DOES THE INDIAN RESIDENTIAL SCHOOLS HISTORY TELL OTHERWISE? WHAT WOULD TRUE LEADERSHIP CALL FOR IN THIS CASE? 11. Week of Nov 19 – Trafficking Andrea M. Bertone, “Trafficking for Sexual Exploitation,” ch. 12 in Goodhart. Sealing, Cheng. "The Paradox of Vernacularization: Women's Human Rights and the Gendering of Nationhood."Anthropological Quarterly 84, no. 2 (Spring 2011): 475-505. READING RESPONSE: (CHOOSE ONE OR SOME VARIATION) WHAT DIFFERENCES AND SIMILARITIES DO YOU SEE IN THE FRAMING OF TRAFFICKING VIS-A-VIS RACE AT THE TURN OF THE TWENTIETH CENTURY COMPARED TO NOW? IS THE UNITED STATES EXPORTING “WOMEN’S HUMAN RIGHTS” TO KOREA? WHAT CONSEQUENCES DOES THIS “UNIVERSALISM” HAVE FOR KOREAN WOMEN AND THE KOREAN STATE? 6 12. Week of Nov 26 – Children and Human Rights Advocacy Vanessa Pupavic, “Children’s Human Rights Advocacy,” ch. 13 in Goodhart. Manzo, Kate. 2008. "Imaging Humanitarianism: NGO Identity and the Iconography of Childhood." Antipode 40, no. 4: 632-657. *supplemental: Convention on the Rights of the Child READING RESPONSE: COMPARE AND EXPLAIN THE CONSTRUCTIONS OF CHILDHOOD BEHIND THE CRC AND HUMANITARIAN IMAGERY. 13. Week of Dec 3 – Conclusions and Review Repo, Jemima and Riina Yrjölä. "The Gender Politics of Celebrity Humanitarianism in Africa." International Feminist Journal of Politics 13, no. 1 (03, 2011): 44-62. READING RESPONSE: WHO IS THE BEST LOOKING CELEBRITY HUMANITARIAN? JUST KIDDING, NO WRITE UP FOR THIS WEEK. BESIDES, WE ALL KNOW THE ANSWER IS EITHER ANGELINA JOLIE OR GEORGE CLOONEY. 7