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NARRATIVE REPORT 2009 - The ICHRP

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

CONTENTS<br />

<strong>The</strong> International Council on Human Rights Policy 1<br />

<strong>The</strong> Research Programme<br />

A. Projects published or in follow-up at the start of 2010 3<br />

Corruption and human rights I (131A)<br />

Sexuality and human rights I (137)<br />

Plural legal orders (135)<br />

B. Projects in draft or production at the start of 2010 8<br />

New<br />

Macro-economic policy and human rights: Colloquium and report<br />

Human smuggling, migration and human rights (122)<br />

New e-forum: accountability of human rights organisations (119)<br />

Corruption and human rights II (131B)<br />

Social control and human rights (126)<br />

C. Projects in research at the start of 2010 16<br />

Sexuality and human rights II (134)<br />

Climate change and human rights II (138)<br />

Privacy and technology (132)<br />

D. External publications 24<br />

Climate change and human rights III (CUP publication) (302)<br />

E. Projects listed for development in 2010 25<br />

F. Projects closed in <strong>2009</strong> 25<br />

Other r activities of the Council 26<br />

Institutional issues 27<br />

Finance 30<br />

Appendices 34-48<br />

I. <strong>The</strong> International Council’s Mission Statement<br />

II. Members of the International Council<br />

III. Members of the International Council’s Executive Board<br />

IV. Staff of the Secretariat<br />

V. Financial Statement and Auditor’s Report


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

<strong>REPORT</strong> ON THE YEAR<br />

During <strong>2009</strong> the Council’s Executive Board and Secretariat took steps to review the work of the<br />

International Council, assisted by an independent impact evaluation (which DFID and the Finnish<br />

Foreign Ministry commissioned) that became available in December <strong>2009</strong>. When combined with the<br />

Council’s current strong research and publications programme, the Review will ensure that <strong>ICHRP</strong> is in<br />

an excellent position to develop and promote its work from 2010, under the leadership of a new<br />

Executive Director, Mr Maina Kiai, who was appointed at the beginning of March 2010.<br />

<strong>The</strong> Board Review has examined the Council’s governance, mandate and research methodology as well<br />

as the organisation’s communications and dissemination strategy, and will also consider the role and<br />

contribution of Members of the International Council. Board members have already concluded that,<br />

while adjustments must be made to the Council’s methods of work, the organisation’s mission and<br />

overall role are appropriate and do not require fundamental alteration: <strong>ICHRP</strong> will continue to assist<br />

human rights organisations to carry out their work by providing timely and relevant policy analysis.<br />

However, its approach should be sharpened, the annual Council Meeting should be refreshed, Council<br />

members should be given more active and more innovative roles, and the Council should disseminate<br />

and communicate its research more effectively and imaginatively, using shorter and more accessible<br />

forms of document. <strong>The</strong>se conclusions were matched in important respects by the findings of the<br />

DFID/Finland evaluation.<br />

<strong>The</strong> Board Review will continue into 2010: final decisions and conclusions, which will take account of<br />

the DFID/Finland evaluation, will become available in mid-year, when the Council will produce a<br />

strategic plan covering the period 2011-2013.<br />

During the year the Board and Secretariat took a number of additional steps to prepare for the future.<br />

First of all, in <strong>2009</strong> the Secretariat stabilised <strong>ICHRP</strong>’s finances, after a very difficult year in 2008 when<br />

the organisation made a loss of CHF500,000 (including almost all its reserves), obliging it to make two<br />

members of staff redundant, cut elements from the <strong>2009</strong> research programme, reduce office space,<br />

and cancel the <strong>2009</strong> Council meeting. During <strong>2009</strong>, having restructured management of the Council’s<br />

finances following the death of the Finance Officer in post in 2008, expenditure was brought back<br />

under control and at the end of the year income and expenditure were again broadly in balance. <strong>The</strong><br />

Secretariat succeeded in reducing expenditure sharply (by CHF400’000) without deeply harming the<br />

Council’s research activity. (Indeed, the volume of research fees doubled.) Though income did not rise,<br />

which remains a matter of concern, and the Council’s financial and cash position will remain fragile<br />

while it lacks a reserve, it reversed the very critical situation that existed at the end of 2008 and<br />

restored the traditional quality of the Council’s reporting and monitoring procedures. <strong>The</strong> Council is<br />

now in a position from which it can start to rebuild the organisation’s finances.<br />

Secondly, at the end of <strong>2009</strong>, following the resignation of Robert Archer, the Board took steps to<br />

appoint an Executive Director to take the organisation forward into a new phase. As the Council’s first<br />

Director, Robert Archer put in place the methodology that has established the Council’s reputation for<br />

innovative, sound and consultative research. With the appointment of Maina Kiai in March 2010, there<br />

is now an opportunity to build on this foundation, by increasing the organisation’s public profile and<br />

the effectiveness of its communication strategies.<br />

In that context, the Board has considered how the Council can reframe the research programme to<br />

achieve maximum relevance and value. As noted above, it is exploring the development of a three or<br />

five year plan of work that will cluster the Council’s research around a small number of critical policy


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

areas. <strong>The</strong> development of a strategic plan, succeeding the project-based approach the Council has<br />

followed to date, could assist the organisation to communicate its work more clearly and achieve more<br />

calculable and significant impacts on policy.<br />

In parallel, the Board and Secretariat are developing an approach to communications that, in addition<br />

to redesigning a new database (linked to the website) and increasing staff capacity in this area, will see<br />

the production of new, short, accessible documents that complement the research reports and<br />

summaries that the Council already produces. A first innovation was made in <strong>2009</strong>, when the Council<br />

started a new series of Discussion Papers. Other initiatives will take form in the course of 2010-2011<br />

and will include the introduction of web-based discussion forums, the first of which opened in early<br />

2010 on the subject of NGO Accountability.<br />

Substantively, the Council’s programme has continued to progress strongly. <strong>ICHRP</strong> produced three<br />

important reports in <strong>2009</strong> – on corruption, on plural legal systems, and on sexuality – as well as a<br />

book on climate change co-published with Cambridge University Press. In 2010 it expects to produce<br />

up to six significant reports: a second report on corruption; reports on migration and human<br />

smuggling, on social control policies, on privacy and new technology, and on technology transfer in<br />

the context of climate change; and a new short publication on macro-economic policy and human<br />

rights that will be based on a Colloquium the Council prepared in <strong>2009</strong> and held in conjunction with<br />

Realizing Rights in January 2010. In addition, during 2010 the Council may publish one or more<br />

Discussion Papers on sexuality, health and human rights, as part of a two year programme of work<br />

associated with research undertaken by the World Health Organization.<br />

<strong>The</strong> Board Review and the DFID/Finland evaluation both wrestle with the vexed question of measuring<br />

effectiveness and impact. Whereas the DFID/Finland evaluation focused on <strong>ICHRP</strong>’s impact on specific<br />

government policies, the Board has looked for more general evidence of impact on a range of relevant<br />

audiences, reflecting the Council’s own approach. In this context, recent reports have undoubtedly had<br />

influence. Corruption and Human Rights, first published by <strong>ICHRP</strong> in February <strong>2009</strong>, was reprinted in a<br />

new edition co-published with Transparency International in the second half of the year. Bolstered by a<br />

second report (2010) that will focus on the culture and policies of anti-corruption institutions, the<br />

Council’s work has already influenced discussion of human rights and corruption. <strong>ICHRP</strong> is closely<br />

involved in preparations for the 14 th International Anti-Corruption Convention in Bangkok (October<br />

2010), which will give additional attention to human rights, and the Council’s own follow-up<br />

programme, to include several thematic and regional meetings, will continue through the year.<br />

Sexuality and Human Rights (July <strong>2009</strong>) laid a foundation for further detailed policy work on this<br />

contested subject, and led to an association with the World Health Organization that is generating an<br />

ambitious programme of meetings and publications on the basis of research that WHO commissioned<br />

in 2008-<strong>2009</strong>. Finally, though it is too soon to evaluate the impact of When Legal Worlds Overlap<br />

(November <strong>2009</strong>), which deals with another complex and contested area of policy, the arguments this<br />

report develops are already being taken up and applied by academics and by operational organisations<br />

such as UNIFEM, the World Bank and the British Council. (All three reports are described in more detail<br />

in the body of this narrative report.)<br />

<strong>ICHRP</strong> is a small organisation with seven permanent staff and a global mandate. It can be proud of its<br />

achievements, not least those accomplished in <strong>2009</strong>, and hopeful that the innovations piloted in<br />

<strong>2009</strong>-2010 will enable it under a new Director to produce even better work that can be communicated<br />

more effectively to a wider audience.


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

THE INTERNATIONAL COUNCIL ON HUMAN RIGHTS POLICY<br />

Established in 1998, the International Council on Human Rights Policy (<strong>ICHRP</strong>) researches problems<br />

and dilemmas that confront organisations of all kinds working in the field of human rights. It is<br />

independent, and is international, interdisciplinary and consultative in its approach. It draws attention<br />

to its research findings but is not an advocacy organisation. 1<br />

Created by a group of experienced human rights activists after the end of the Cold War, the Council<br />

was administered during its start-up in 1996-97 by Interights. Council members were appointed and<br />

met for the first time in Cairo in June 1997. <strong>The</strong> Council moved to Geneva in 1998 and was<br />

recognised by the Swiss authorities as a not-for-profit Foundation under Swiss law in July of that<br />

year. It has enjoyed Special Consultative Status with the United Nations’ Economic and Social Council<br />

since 2003.<br />

Governance<br />

<strong>The</strong> Council is directed by an Executive Board, which takes advice annually from the Council’s<br />

members. Acting under the Board’s instructions, the Council’s research programme and other<br />

activities are organised by a Secretariat based in Geneva.<br />

<strong>The</strong> International Council has an advisory role. Members are appointed by the Executive Board and<br />

serve for a maximum of six years. <strong>The</strong>y meet annually to identify and discuss emerging international<br />

human rights issues and recommend themes for research. After Cairo, the Council has met in Lima,<br />

Geneva (3 times), Jakarta, Guadalajara, Lahore, Budapest, Bangkok and Kampala. <strong>The</strong> Council may<br />

include up to 30 members; it currently has 25.<br />

<strong>The</strong> Executive Board has overall responsibility for management of the Council's affairs and meets at<br />

least three times a year. <strong>The</strong> Board (rather than the Secretariat or the Council) approves themes for<br />

research and sets the research programme. <strong>The</strong> Executive Director is a non-voting member. Board<br />

members are also Council members and are subject to the same six-year limit on service. <strong>The</strong> Board<br />

is chaired by Ms Hina Jilani and has six members.<br />

Council and Board members are listed in Appendices II & III.<br />

Board Review<br />

In mid <strong>2009</strong> the Board initiated a review of the Council’s operations, which will examine the Council’s<br />

mandate, its research methodology, its dissemination and outreach, its influence, its governance, and<br />

the role played by Council Members. In the initial phase of the review, the Board determined that no<br />

fundamental change should be made to the Council’s mandate, but that the Council should innovate in<br />

its research methodology and should consider adopting a strategic plan; that the Secretariat should<br />

put greater emphasis on outreach and dissemination and should produce more short policy-focused<br />

documents; and that the Council Meeting and the role of Council members should be reinvigorated.<br />

<strong>The</strong> Board was assisted in its review by an independent impact evaluation commissioned by DFID and<br />

the Foreign Ministry of Finland, which became available in December <strong>2009</strong>.<br />

Staff<br />

In October <strong>2009</strong>, the Council’s first Executive Director, Robert Archer, stepped down after 12 years.<br />

Following interviews in January and February 2010, Maina Kiai was appointed to succeed him. He will<br />

take up his responsibilities from July 2010.<br />

1<br />

<strong>The</strong> Council’s Mission Statement can be found in Appendix I.<br />

1


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

During the year, the Secretariat had seven permanent staff, including two Research Directors (each<br />

responsible for half the project portfolio), an Accountant, an Outreach and Publications Co-ordinator,<br />

an IT and Communications Officer, and an Administrative Assistant (See Appendix IV).<br />

Finance<br />

<strong>The</strong> Council began <strong>2009</strong> in a weakened financial position. It carried only a small reserve into the new<br />

year, having had to cut two staff posts at the end of 2008 and reduce the <strong>2009</strong> budget by CHF150k to<br />

CHF2,050k. With the help of these reductions and careful control over expenditure, by December <strong>2009</strong><br />

the Secretariat had re-stabilised the situation. Expenditure and income were broadly in balance,<br />

expenditure had been reduced by CHF400k without profound harm to the Research programme (which<br />

doubled spending on external fees), and the year was closed with the accounts in better order. Though<br />

the Council remains financially vulnerable, and it is vital to replenish the reserve, the Council is in a<br />

position from which it can rebuild its finances.<br />

<strong>The</strong> nominal deficit of CHF 25k on the <strong>2009</strong> accounts should nevertheless be put in context. Taking<br />

into account last year’s loss of CHF 577k, the Council is still very insecure because it has virtually no<br />

reserve. It is essential, not just to cover expenditure in 2010 but to start to restore a reserve, given the<br />

long project cycles that are associated with research.<br />

2


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

THE RESEARCH PROGRAMME<br />

A. Projects published or in follow-up at the start of 2010<br />

Corruption and Human<br />

Rights<br />

– Making the Connection (131A)<br />

Published in February <strong>2009</strong><br />

In 2007 the <strong>ICHRP</strong> put together a team of advisers and researchers, and convened a meeting of<br />

experts, to help it prepare two parallel reports on the subject of corruption and human rights. <strong>The</strong><br />

Council published the first of these, Corruption and Human Rights – Making the Connection, in <strong>2009</strong>.<br />

It examines the relationships between acts of corruption and violations of human rights, explaining<br />

when an act of corruption can be said to violate a human right directly or indirectly, and when it does<br />

not violate a right. It also examines the human rights mechanisms available for accountability and<br />

redress and suggests where collaboration between anti-corruption and human rights organisations is<br />

likely to be both natural and useful. <strong>The</strong> second report will be published in the first half of 2010.<br />

Corruption and Human Rights – Making the Connection was prepared on the basis of extensive<br />

consultation, which included a workshop with Amnesty International staff (May 2008), and a<br />

roundtable meeting convened by Transparency International in Berlin for Amnesty staff, Human Rights<br />

Watch Germany, Reporters without Borders, and members of national chapters of Transparency<br />

International. Other consultation meetings took place in Paris (OECD), Switzerland (Swiss Agency for<br />

Development and Cooperation), the UN (international coordinating Committee of national Human<br />

Rights Institutions), Armenia, (Mobilizing Action Against Corruption (MAAC)), Argentina (Inter-<br />

American Women’s Forum against Corruption), Kenya (ESCR-NET General Assembly), Mexico (National<br />

Transparency Week)m, Chile (Human Rights Center of the University of Chile), and Uganda (diplomatic<br />

and donor representatives, Ugandan civil society, UN agencies including OHCHR).<br />

In 2008 Transparency International decided to give more attention to human rights, published a<br />

working paper titled Human Rights and Corruption, in which the Council was credited as an external<br />

peer reviewer, and created a website section on corruption and human rights. In October 2008 the<br />

Council co-organised a plenary workshop on human rights and corruption, with the UN Development<br />

programme (UNDP) and the Office of the UN High Commissioner for Human Rights (OHCHR), during<br />

the 13 th International Anti-Corruption Convention in Athens. <strong>The</strong> workshop was very well attended and<br />

took forward discussion of the relationships between human rights and corruption, first raised at the<br />

12 th International Conference in Guatemala.<br />

<strong>The</strong> report was published in English in February <strong>2009</strong>. A Spanish translation was co-published later in<br />

the year by the Escuela de Graduados en Administración Pública y Política Pública (EGAP) of the<br />

Tecnológico de Monterrey in Mexico, which also distributed the report in Latin America in association<br />

with <strong>ICHRP</strong>. An Armenian translation was co-published with MAAC in July <strong>2009</strong>, and launched at<br />

MAAC’s annual assembly by Armenia’s Human Rights Ombudsman. Transparency International copublished<br />

the report electronically in September <strong>2009</strong>, with a new foreword, and distributed it to all<br />

national chapters. Towards the end of <strong>2009</strong>, Magdalena Sepúlveda, the Council’s Research Director<br />

responsible for this project, was appointed to the steering group that is preparing the 14 th biennial<br />

Conference on Corruption in Bangkok, reflecting Transparency International’s desire to bring human<br />

rights even more explicitly into anti-corruption advocacy and policy discussion.<br />

3


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

<strong>The</strong> Council or representatives from the research team participated or spoke at a range of other<br />

meetings during the year. J. Bacio Terracino attended the IACSS meeting in Vienna convened by the<br />

Federal Bureau for Internal Affairs, Austria. Magdalena Sepúlveda presented the Council’s report report<br />

at the regional university course on Transparency conducted by the Human Rights Center, University of<br />

Chile. In July, the Council’s Director presented the report at the MAAC annual conference in Yerevan,<br />

and launched the Armenian translation with the Human Rights Ombudsman of Armenia. In aAugust,<br />

the Council’s Director presented the report at the annual conference of the Asia Pacific Forum in<br />

Amman. In September, the Director presented the report to a meeting of Council of Multilateral<br />

Diplomacy in Geneva.<br />

Follow-up will continue into 2011, merging with activities associated with dissemination of the<br />

Council’s second publication on corruption, due in mid-2010. An ambitious programme of activities is<br />

planned, including several regional meetings, the first of which will take place in Mexico City in April<br />

2010, co-sponsored by the <strong>ICHRP</strong>, the University of Monterrey, and the Mexican Government. <strong>The</strong><br />

follow-up programme will be linked with the 14 th biennial Conference on Corruption in Bangkok in<br />

November 2010.<br />

Research director: Magdalena Sepúlveda Carmona.<br />

Design: Quarter 4, 2006.<br />

Start: Quarter 1, 2007.<br />

Papers commissioned: February-June 2007.<br />

Review meeting: July 2007.<br />

Draft report:<br />

March 2008 (Report I).<br />

Consultation:<br />

June-August 2008 (Report I).<br />

Publication:<br />

October 2008 (Report I).<br />

Title:<br />

Corruption and Human Rights – Making the Connection (Report I).<br />

In English, Spanish and Armenian. Summary in English, French, Spanish. Other<br />

translations to be confirmed.<br />

Research team:<br />

Lead researchers: Julio Bacio Terracino (conceptual links); Noel Kututwa<br />

(implementation); Namawu Alhassan Alolo (gender); Christian Gruenberg.<br />

Papers: Carlos Castresana Fernández (investigation); Helen Darbishire<br />

(information); Christian Gruenberg (comparative assessment); Victoria Jennett<br />

(access to justice and remedy); Maina Kiai (national human rights institutions);<br />

Lucy Koechlin (national integrity systems); Todd Landman (indexes); Brigit<br />

Toebes (health); José Ugaz (politicisation).<br />

Advisers:<br />

Chong San Lee, Sandra Coliver, Stuart Gilman, Colin Goncalves, Nihal<br />

Jayawickrama, Ivan Krastev, C. Raj Kumar, Philliat Matsheza, Eduardo E.<br />

Rodriguez Veltzé, Ibrahim Wani.<br />

See also:<br />

Section B: Corruption and Human Rights II (Project 131B).<br />

Sexuality and Human Rights: Discussion Paper 1 (137)<br />

Published in July <strong>2009</strong><br />

In 2008, the International Council commissioned Professor Alice Miller to advise the Council on the<br />

focus of a new project it was developing on issues of sexuality and human rights. She was asked to<br />

consider the principal dilemmas and challenges that present themselves in the field of sexuality from a<br />

human rights perspective, and suggest themes or sub-themes on which the Council’s research might<br />

focus. <strong>The</strong> paper she prepared framed so usefully a debate that has been controversial and complex<br />

that the Council decided to edit and publish it as an initial contribution to discussion of the subject.<br />

4


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

After a focused consultation with a small number of experts, the paper was re-edited by the author<br />

and published in July <strong>2009</strong>. On July 6-7 we held an expert meeting in Geneva to plan the focus of the<br />

Council’s project. Participants, who represented a spectrum of organisations that work on issues of<br />

sexuality and human rights, discussed a range of themes relevant to sexuality and human rights and<br />

then advised the Council on where its research project should concentrate. <strong>The</strong> group recommended a<br />

project that would examine the legal concepts that underpin public policies that regulate sexual<br />

expression and behaviour (such notions as “public order”, “public morals”, “public health”, and ideas of<br />

decorum, decency, appropriate dress etc.).<br />

<strong>The</strong> participants were Maxim Anmeghichean (Programmes Director, ILGA-Europe, Moldova); Hossam<br />

Bahgat (Director of the Egyptian Initiative for Personal Rights, Egypt); Codou Bop (Coordinator of<br />

GREFELS, Senegal); Widney Brown (Senior Director of International Law and Policy, Amnesty<br />

International, US/UK); Radhika Chandiramani (Executive Director of TARSHI - Talking About<br />

Reproductive and Sexual Health Issues, India); Sonia Correa (Director DAWN, Development Alternatives<br />

with Women for a new Era, Brazil); Shanthi Dairiam (former Executive Director of International<br />

Women’s Rights Action Watch Asia Pacific, former expert member of the CEDAW Committee, Malaysia);<br />

Stefano Fabeni (Director, Lesbian, Gay, Bisexual, Transgender, Intersex Initiative, Global Rights, US);<br />

Susana Fried (Senior Gender Adviser, HIV/AIDS Group at the Bureau for Development Policy, United<br />

Nations Development Programme, US); Eszter Kismodi (Human Rights Adviser of the Gender,<br />

Reproductive Rights, Sexual Health & Adolescence, Department of Reproductive Health and Research,<br />

WHO, Switzerland); Allison Jernow (Senior Legal Officer for Sexual Orientation and Gender Identity,<br />

International Commission of Jurists, Switzerland); Scott Long (Director, the Lesbian, Gay, Bisexual &<br />

Transgender Rights Division, Human Rights Watch, US); Alice Miller (Lecturer-in-Residence at UC<br />

Berkeley Law School, Senior Fellow at Boalt’s <strong>The</strong>lton E. Henderson Center for Social Justice, US);<br />

Steven R. Ratner (Bruno Simma Collegiate Professor of Law at University of Michigan Law School, US);<br />

Cynthia Rothschild (Independent Consultant and Senior Policy Adviser, Center for Women’s Global<br />

Leadership, US); Ignacio Saiz (Executive Director, Centre for Economic and Social Rights, Spain);<br />

Alejandra Sardá-Chandiramani (Mulabi - Espacio Latinoamericano de Sexualidades y<br />

Derechos, Argentina); Professor Carole Vance (Dept. of Anthropology and Mailman School of Public<br />

Health, Columbia University, US); Alma Viviana Perez (First Secretary for Human Rights, Colombian<br />

Mission to the UN, Switzerland).<br />

Later in July, the Council participated in a Regional academic conference on sexuality and gender at<br />

the Human Rights Center, University of Chile.<br />

<strong>The</strong> Council distributed the report to experts in the field of sexuality and human rights and in the last<br />

four months of <strong>2009</strong>, on the basis of the expert meeting, began preparing to start research on project<br />

sexuality, health and human rights (see section C, project 134). In parallel, the Council opened a<br />

discussion with WHO about possible collaboration on publishing the outcomes of a large research<br />

project on health, sexuality and human rights that WHO undertook in 2008-<strong>2009</strong>. This project will<br />

start in 2010.<br />

Sexuality and Human Rights is the first in a new series of Discussion Papers. <strong>The</strong>se will be edited in<br />

<strong>ICHRP</strong>’s style, but will not be subject to the same level of expert consultation and will not have the<br />

same degree of Council ownership as Council reports. <strong>The</strong> series is designed to allow the Council to<br />

explore issues in a manner that is more open-ended manner than its main reports.<br />

5


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Research director: Magdalena Sepúlveda Carmona.<br />

Start: Quarter 1, 2008.<br />

Paper commissioned: May-July 2008.<br />

Working title:<br />

Sexuality and Human Rights. In English.<br />

Draft report: July 2008. Redraft: September-October 2008.<br />

Consultation: August-September 2008.<br />

Publication: July <strong>2009</strong>.<br />

Research team:<br />

Alice Miller.<br />

See also: Section C: Sexuality, health and human rights (project 134).<br />

When Legal Worlds Overlap: Human Rights, State and Non-State Law (135)<br />

Published October <strong>2009</strong><br />

An initial draft of this report was prepared at the end of November 2008 and was completed during<br />

the first quarter of <strong>2009</strong>. It was circulated for comment in the second quarter of <strong>2009</strong> and the report<br />

was published in October, accompanied by a CD-ROM that contains a large volume of documents on<br />

the issue, including all the non-copyright texts that provided the foundation for the Councils analysis.<br />

A Summary will be published in French, Spanish and English in 2010. A translation of the full report<br />

into Arabic is under discussion.<br />

<strong>The</strong> report examines human rights issues that arise when more than one legal norm or regime is<br />

recognised within a given jurisdiction – a common situation in a large number of countries. It has been<br />

very well received by experts and specialists in this complex and contested field, because it is one of<br />

the first detailed examinations of plural legal environments from a human rights perspective, and<br />

takes into account a particularly wide range of situations and contexts.<br />

During the first phase of research, the Council surveyed numerous examples of plural legal orders:<br />

personal law regimes in multi-ethnic and multi-religious states (Israel, Malaysia, Egypt, Indonesia,<br />

Nigeria, India, the United Kingdom, Lebanon); indigenous (customary) law regimes in both multiethnic<br />

settler-colony nation-states such as Australia, the United States and Canada, and contexts in<br />

which the indigenous (customary) legal order has special status (many Latin American countries,<br />

Zambia, Kenya); societies in which customary/non-state legal mechanisms are being reformed or<br />

reconfigured by state or civil society organisations, especially with support from international<br />

development agencies (local council courts in Uganda, salishes in Bangladesh, Justices of the Peace in<br />

Peru); and contexts in which the state is weak or fragile following conflict or emergence from conflict<br />

(Nepal, Palestine/<strong>The</strong> Occupied Territories, Sierra Leone).<br />

In parallel, the Research Team produced an approach paper, updated as the research progressed, to<br />

provide an analytical framework, and commissioned three individual papers, submitted in September<br />

2008, which respectively addressed indigenous jurisdiction in Australia, Canada, New Zealand and the<br />

United States (by Kirsty Gover), personal law in Israel, Egypt and India (by Yüksel Sezgin), and a case<br />

study of the salish system in Bangladesh (by Sarah Hossain); in addition, Mathew John prepared a<br />

general background analysis on culture, human rights and legal pluralism.<br />

Three expert meetings were held, to focus and then review the research, and to consider findings and<br />

recommendations. <strong>The</strong>se meetings were reported in last year’s narrative report.<br />

Follow-up activities will continue through 2010. Vijay Nagaraj, the Research Director responsible,<br />

presented the report to a large conference on rule of law, legal pluralism and conflict, co-sponsored<br />

6


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

by the World Bank, the US Institute of Peace, and George Washington University. This meeting adopted<br />

a rather different starting position from that of the Council for discussion of plural legal orders, and<br />

afterwards Vijay Nagaraj wrote to the co-organisers suggesting that an additional meeting to discuss<br />

certain aspects of the issue, in particular gender equality and rule of law, would be desirable. <strong>The</strong><br />

letter has since been picked up by other organisations.<br />

UNIFEM asked to use the report as the basis of a paper exploring the human rights law dimensions in<br />

detail. This paper will be prepared by Cassandra Balchin, who co-wrote the Council’s report. <strong>The</strong><br />

Commonwealth Secretariat is also using the report as the basis for a paper on this subject. Vijay<br />

Nagaraj has further invitations to speak at a Conference in Maputo, and to offer a workshop at the<br />

University of Namibia, as part of its academic programme.<br />

This report addresses a complex and contested subject. It provides a wide ranging and relatively<br />

dense analysis that experts have found highly relevant, but which many organisations will not find<br />

immediately easy to unpack. Designed to assist human rights organisations and public institutions<br />

(including donor agencies) to deal with the difficult and sensitive issues that arise in the context of<br />

plural legal orders, the report has already helped to reposition expert discussion. <strong>The</strong> project will<br />

meet its larger objective, however, if the Council and other relevant organisations can make its<br />

argument accessible to less specialised audiences, thereby enabling them to apply a more<br />

comprehensive and nuanced approach to both legal pluralism and human rights. <strong>The</strong> follow-up phase<br />

is likely at present to focus particularly on issues associated with gender.<br />

Research director: Vijay Kumar Nagaraj.<br />

Design: Quarter 1, 2008.<br />

Start: Quarter 2, 2008.<br />

Expert meetings: February 2008; October 2008.<br />

Draft report: April <strong>2009</strong>.<br />

Consultation: April-May <strong>2009</strong>.<br />

Publication: August <strong>2009</strong>.<br />

Working title:<br />

When Legal Worlds Overlap: Human Rights, State and Non-State Law.<br />

In English. Summary in English, French and Spanish (tbc).<br />

Research team:<br />

Lead writer: Cassandra Balchin. Researcher: Mathew John. Research papers:<br />

Kirsty Gover (survey of indigenous jurisdiction in the United States, Canada,<br />

Australia and New Zealand); Yüksel Sezgin (personal law in Israel, Egypt and<br />

India); Sarah Hossain (the salish system in Bangladesh); Matthew John<br />

(background analysis on culture, human rights and legal pluralism). Research<br />

Assistant: Anuj Bhuwania.<br />

Advisers:<br />

Anne Griffiths, Imrana Jalal, Celestine Nyamu-Musembi, Gita Sahgal, Franz von<br />

Benda-Beckmann.<br />

7


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

B. Projects in draft or production at the start of 2010<br />

New – Colloquium on Macro-Economic Policy and Human Rights (210)<br />

In January 2010 the International Council in association with Realizing Rights convened an<br />

international Colloquium in Geneva to discuss the relevance of human rights to the formation of<br />

macro-economic policy. <strong>The</strong> event built on a number of smaller initiatives that have taken place in the<br />

last few years, and was designed to create an “open space” in which economists, other policy makers<br />

from a range of institutions, and human rights specialists could exchange ideas and identify agendas<br />

for further work. <strong>The</strong> meeting was not designed to reach decisions. <strong>The</strong> Council will produce a short<br />

report in the second quarter of 2010, based on the Geneva discussion, that will suggest how work can<br />

be taken forward in this area and set out areas for further research.<br />

Co-chaired by Mary Robinson and Robert Archer, the meeting was well attended. <strong>The</strong> Council and<br />

Realizing Rights succeeded in bringing an unusually diverse mix of speakers and participants together.<br />

As expected, the event did not generate a coherent conversation, that had a clear direction or purpose.<br />

Most participants remained attached to the positions they started with, and little substantive<br />

“negotiation” occurred. This is not surprising: the subject has been too little explored, except by<br />

dedicated cross-disciplinary groups (which have had to labour hard to find a common agenda across<br />

economics and human rights), and the opinions of those present were both too varied and too fixed.<br />

<strong>The</strong> event succeeded nevertheless in its preliminary purpose: to open a discussion that identified areas<br />

of difference, shared interests, and opportunities for further research, dialogue and advocacy. Bringing<br />

together such an unusual mix of voices was certainly valuable.<br />

<strong>The</strong> following individuals participated in the meeting: Robert Archer (Executive Director <strong>ICHRP</strong>); Sedat<br />

Aybar (Associate Professor of Economics, Kadir Has University, Istanbul, Turkey); Radhika Balakrishnan<br />

(Executive Director, Center for Women's Global Leadership, Rutgers University, US); Roberto Bissio<br />

(Coordinator, international secretariat of Social Watch, Uruguay); Jan Borgen (Director, International<br />

Law and Protection, International Commission of Jurists, Geneva); Maria Virginia Bras Gomes (Member,<br />

UN Committee on Economic, Social and Cultural Rights); Lilian Chenwi (Senior researcher, University of<br />

the Western Cape, South Africa); Jean Luc Chopard (Chief of Protocol, State and City of Geneva); Jean-<br />

Francois Cuénod (Adviser, Conflict Prevention and Transformation, Swiss Department for Development<br />

and Cooperation); George DeMartino (Associate Professor, University of Denver, US); Ghassan Dibeh<br />

(Associate Professor of Economics, Lebanese American University, Lebanon); Caroline Dommen<br />

(Representative, Global Economic Issues, Quaker UN Office, Geneva); Lyse Doucet (broadcaster, British<br />

Broadcasting Corporation); Mary Dowell-Jones (Independent Consultant, Institute for Business and<br />

Human Rights, UK); Christian Durisch Acosta (Assistant, Special Envoy for Human Rights-related<br />

issues, Department of Foreign Affairs, Switzerland); Diane Elson (Professor, University of Essex, UK);<br />

Heiner Flassbeck (Director, Globalization and Development Strategies, UNCTAD); Marta Foresti<br />

(Programme Leader, Politics and Governance Programme, ODI, UK); Sakiko Fukuda-Parr (Professor of<br />

International Affairs, <strong>The</strong> New School, New York, US); Arvind Ganesan (Director, Business and Human<br />

Rights, Human Rights Watch); Heather Grady (Managing Director, Realizing Rights, New York); Yao<br />

Graham (Head of Third World Network-Africa, Ghana); Shalmali Guttal (Senior Associate, Focus on the<br />

Global South, Thailand); Thomas Haueter (Department of Foreign Affairs, Switzerland); Ralf Heckner<br />

(Head of Human Rights Policy Section, Department of Foreign Affairs, Switzerland); Zanofer Ismalebbe<br />

(Human Rights Adviser and Programme and Team Manager, UNDP, Geneva); Hamish Jenkins (UN NGO<br />

Liaison Service, Geneva); Clara Jusidman de Bialostozky (President, INCIDE social, Mexico); David Kinley<br />

(Professor of Human Rights Law, University of Sydney, Australia); Rudolf Knoblauch (Special Envoy for<br />

Human Rights related issues, Department of Foreign Affairs, Switzerland); Miloon Kothari (HRLN South<br />

8


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Asia and former UN Special Rapporteur on adequate housing, India); Richard Kozul-Wright (Chief,<br />

Economic Cooperation and Integration Among Developing Countries, UNCTAD); Massimiliano La Marca<br />

(economist, UNCTAD, Geneva); Pascal Lamy (Director-General, World Trade Organisation); Carlos<br />

Lopez (business and human rights programme, International Commission of Jurists, Geneva); Cephas<br />

Lumina (UN Independent Expert on Foreign Debt, Zambia); Nicholas Lusiani (Programme Associate,<br />

ESCR-NET, US); Claire Mahon (Coordinator, Economic, Social and Cultural Rights Project, Geneva<br />

Academy of International Humanitarian Law and Human Rights); Stephen Marks (François-Xavier<br />

Bagnoud Professor of Health and Human Rights, Harvard School of Public Health, Chair UN High Level<br />

Task Force on the Implementation of the Right to Development, US); Chrispin Marteneau (Office of the<br />

UN High Commissioner of Human Rights); Roxana Maurizio (Centro de Estudios de Estado y Sociedad,<br />

Buenos Aires, Argentina); Aubrey McCutcheon (Deputy Executive Director, Global Rights, US); Alan<br />

Miller (Chair, Scottish Human Rights Commission, UK); Manuel Montes (Chief, Policy Analysis and<br />

Development UNDESA); Vijay Kumar Nagaraj (Research Director, <strong>ICHRP</strong>); Richard Newfarmer (World<br />

Bank Special Representative to the UN and WTO, Switzerland); Steven Oates (Senior Adviser,<br />

International Labour Organisation, Geneva); Colm Ó Cuanacháin (Senior Director of Campaigns,<br />

Amnesty International, UK); Jarmo Oikarinen (Analyst, Policy Department for External Relations,<br />

European Parliament); Siddiqur Osmani (Professor of Developmental Economics, University of Ulster,<br />

UK); David Petrasek (consultant, Canada); Flavia Piovesan (Professor of Constitutional Law and Human<br />

Rights, Pontifical Catholic University, São Paolo, Brazil); Stephen Pursey (Senior Adviser to the Director-<br />

General, International Labour Organisation, Geneva); Balakrishnan Rajagopal (Associate Professor of<br />

Law and Development, MIT, US); Shahra Razavi (Senior Research Coordinator, UNRISD, Switzerland);<br />

Mary Robinson (President, Realizing Rights, former UN High Commissioner for Human Rights, New<br />

York); Nils Rosemann (Federal Department of Foreign Affairs, Switzerland); Violette Ruppanner<br />

(Director, 3D -> Trade - Human Rights - Equitable Economy, Geneva); Ignacio Saiz (Executive Director,<br />

Centre for Economic, Social and Cultural Rights, Spain); Margot Salomon (Senior Lecturer in Law,<br />

London School of Economics and Political Science, UK); Marco Sassoli (Professor of Law, Geneva<br />

University, Board member of <strong>ICHRP</strong>); Gita Sen (Professor, Indian Institute of Management, Bangalore,<br />

India); Magdalena Sepùlveda (UN Independent Expert on Extreme Poverty, Research Director <strong>ICHRP</strong>,<br />

Switzerland); Daniel Seymour (Head, Gender and Rights Division, UNICEF, US); Mehdi Shafaeddin<br />

(IRENE, University of Neuchatel, Switzerland); John Southalan (Rio Tinto Research/Teaching Fellow,<br />

University of Dundee, UK); Jomo K. Sundaram (UN Assistant Secretary General, UNDESA); Lee Swepston<br />

(Human Rights at Work); Wilder Tayler (Director, International Commission of Jurists, Board member of<br />

<strong>ICHRP</strong>); Salil Tripathi (Director of Policy, Institute for Business and Human Rights, UK); Ibrahim Wani<br />

(Research and Right to Development Branch, Office of the UN High Commissioner for Human Rights);<br />

Sally-Anne Way (Research Director, Centre for Economic, Social and Cultural Rights, Colombia);<br />

Michael Windfuhr (Brot für die Welt, Germany); Lisa Wong (International Labour Organisation); Anja<br />

Wyden Guelpa (Chancellière of the City of Geneva); Andong Zhu (Professor of Economics, Tsinghua<br />

University, Beijing, China).<br />

<strong>The</strong> Council will produce a short, forward-looking report on the meeting. It will not report the<br />

discussion or reiterate intellectual positions but aim to identify an agenda for further collaboration and<br />

research that is designed to encourage all parties to reflect more deeply about their positions and<br />

provide fresh directions for further work. <strong>The</strong> report will be about 30 pages in length (plus annexes),<br />

and will be published by <strong>ICHRP</strong> and Realizing Rights in the second quarter of 2010.<br />

<strong>The</strong> Board will take decisions about whether the Council undertakes further work in this field when it<br />

constructs the strategic plan for 2011-2013 in 2010. Neither Realizing Rights nor <strong>ICHRP</strong> seek to<br />

control any agenda of research or advocacy that may emerge from the meeting.<br />

9


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Research director: Vijay Kumar Nagaraj.<br />

Design: Quarter 3, 2008.<br />

Start: Quarter 4, 2008.<br />

Draft Report: February 2010.<br />

Consultation: March 2010.<br />

Publication: April-May 2010.<br />

Working title:<br />

Macro Economic Policy and Human Rights. In English.<br />

In English. Summary in English, French and Spanish.<br />

Conference team: Planning: Vijay Nagaraj, Scott jerbi, Robert Archer. Logistics: Tom Sanderson<br />

and Steve Ako Tango (interns at <strong>ICHRP</strong>), <strong>ICHRP</strong> staff. Rapporteurs: Alison<br />

Graham, Adil Khan, Magdalena Piskunovic, Kasia Snyder.<br />

Human Smuggl<br />

muggling<br />

ing, , migration and human rights (122)<br />

Due for publication in April 2010<br />

This project analyses policies on irregular migration, giving specific attention to human smuggling. It<br />

provides a critique of current policies, discusses the legal coherence of recent legal approaches to<br />

migration, including the Palermo Protocols (see below), and proposes elements of a policy approach<br />

that would provide better protection for migrants. In a lengthy annexe, the report outlines the legal<br />

rights of migrants as set out in international human rights and other relevant bodies of law.<br />

In 2005 the Council commissioned a legal analysis that explored the principles underlying<br />

international policies on migration, including smuggling. In parallel, country reports on Albania, Italy,<br />

Malaysia, Mexico and the United Kingdom were prepared that described the legal environment in those<br />

countries and the different experiences of smuggled (as well as trafficked and other undocumented)<br />

migrants. Further legal work commissioned in 2006 analysed human rights references in the UN<br />

Convention to Combat Transnational Organized Crime, and its Protocols on Trafficking and Smuggling<br />

(the Palermo protocols), which came into force in 2000-2001. <strong>The</strong> legal arguments and the country<br />

papers were discussed in July 2005 at a review meeting attended by the lead and country researchers,<br />

the project’s advisers, and other experts. Subsequently, a first draft of a report was prepared by the<br />

original lead writer, Philip Rudge. It was substantially reworked and developed by Monette Zard, the<br />

project’s Research Director; the legal annexe was further developed during 2007-08 by Cecilia<br />

Jimenez, an independent consultant.<br />

In September 2008, Pia Oberoi agreed to write a final chapter with analytical conclusions and to<br />

prepare the text for review and publication. She submitted an edited text with a final analytical chapter<br />

of recommendations in December 2008. After further work and review by the project’s advisers, it<br />

went out for consultation in the third Quarter of <strong>2009</strong>, before being finalised for publication at the end<br />

of the year and in January 2010. <strong>The</strong> report will be published in April 2010, accompanied by a<br />

Summary in French, Spanish and English which will be published simultaneously.<br />

As part of the consultation, Pia Oberoi and the Council’s Executive Director presented and discussed<br />

the project with a group of experts and diplomats at a lunch convened by the Quaker UN Office in<br />

Geneva (DATE). Pia Oberoi also raised issues relevant to the project’s argument at an intergovernmental<br />

conference on migration that she attended in Dakar, Senegal, in December <strong>2009</strong>. <strong>ICHRP</strong><br />

attended two meetings convened by the Mexican mission in Geneva to discuss preparations for the<br />

next Global Forum on Migration and Development that will be held in Mexico in November 2010. <strong>The</strong><br />

draft was sent out for comment to a range of experts and organisations that are active on the issue.<br />

10


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

This report’s slow gestation can be attributed to different factors: changes of staff; the lack of existing<br />

research information about smuggled migration; the uncertain status of law in certain areas; the<br />

contested and sensitive nature of the issue. <strong>The</strong> report nevertheless remains timely. It will appear<br />

shortly after UNDP’s <strong>2009</strong> Human Development Report on migration, which advances a similar<br />

argument, but does not examine the relevance of human rights to the issue, and at a time when<br />

governments (and other actors) are showing signs that they may be willing to discuss the issue of<br />

irregular migration in the context of international meetings. It has been included, with reserve, on the<br />

agenda of the 2010 Global Forum for example. <strong>The</strong> Council’s report makes the case for such a debate.<br />

It argues that, on the basis of interest as well as on ethical grounds, states should take steps to<br />

improve the protection of all migrants, including those who have irregular status, and provides an<br />

accessible description of the rights to which migrants are entitled under international human rights<br />

law (and other bodies of law) that states have voluntarily committed to respect.<br />

<strong>The</strong> follow-up to this report will be constrained by the Council’s capacity, since neither Pia Oberoi<br />

(who joined the Office of the UN High Commission for Human Rights in January 2010 to set up a new<br />

programme on migration) nor Robert Archer (who will leave the Council in May 2010) will be available.<br />

<strong>The</strong> Council hopes that it can cooperate with organisations that are established in the field of<br />

migration, both to disseminate the report more widely, and to communicate and operationalise<br />

<strong>ICHRP</strong>’s policy recommendations.<br />

Research director: Monette Zard (to November 2006); Robert Archer (from November 2006).<br />

Start: July 2004.<br />

Papers commissioned: January 2005 (law); January-March 2005 (country).<br />

Review meeting: July 2005.<br />

Draft report: October 2005. Redrafts: October 2006; March 2008, June <strong>2009</strong>.<br />

Consultation: Third quarter <strong>2009</strong>.<br />

Working title:<br />

Irregular Migration and Human Rights: Towards Coherence.<br />

In English. Summary in French, Spanish and English.<br />

Publication: March-April 2010.<br />

Research team:<br />

Lead researchers: Jacqueline Bhabha (legal analysis); Philip Rudge (writer, to<br />

2005); Cecilia Jimenez (writer from 2007 to mid-2008); Pia Oberoi (writer from<br />

September 2008). Additional writing: Monette Zard. Country research: Ilir<br />

Gedeshi (Albania); Paola Monzini (Italy); Ariana Renteria Torres and Cesar<br />

Nunez (Mexico); Anni Santhiago (Malaysia); Sue Conlan (UK).<br />

Advisers:<br />

Chaloka Beyani, Stefanie Grant, Walter Kälin, Juan Méndez, Jyoti Sanghera.<br />

New E-Fo<br />

Forum: Accountability of human rights organisations 2 (119)<br />

In <strong>2009</strong>, the Board reviewed the Council’s work on accountability, including the revised draft<br />

report, titled Rights and Responsibilities of Human Rights Organisation, which Elizabeth Griffin<br />

prepared in 2008. It decided to persist with work on the theme of accountability, because the<br />

issue is one of growing importance, but to adopt a different approach in view of the continued<br />

concern that some human rights actors feel about the risks of publishing on this subject.<br />

Specifically, it was agreed to initiate a web-based consultation on the subject of NGO<br />

accountability, with particular reference to human rights, based on a short text that raises<br />

questions (rather than offers answers).<br />

2<br />

Project 119 was formerly titled Issues of Accountability for Human Rights NGOs. It was retitled Rights and<br />

Responsibilities of Human Rights Organisations in 2006.<br />

11


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

This serves two purposes. It will enable the Council to continue its work on accountability in a<br />

fresh manner that will free the discussion from some of the constraints that have burdened the<br />

Council’s research process on this theme, because of the Council’s consultative approach and the<br />

rather sharp differences of opinion that exist between human rights actors. Secondly, it will enable<br />

the Council to test models of interactive and electronic consultation that may become a core<br />

element of our work in the future.<br />

During <strong>2009</strong>, assisted by James Douglas, the Secretariat drafted a short text and commissioned a<br />

new section of the Council’s Web site that is designed to manage interactive dialogues. <strong>The</strong> new<br />

discussion was opened in February 2010. Hina Jilani, Chair of <strong>ICHRP</strong>’s Board, contributed an<br />

introductory message, and additional comments and contributions were prepared for the launch<br />

by Juana Kweitel, L. David Brown, Michael Edwards, and Maggie Beirne. A wide range of additional<br />

commentaries will be commissioned as the e-discussion proceeds; the webpage enables readers<br />

to post comments and opinions.<br />

Moderated by the Secretariat, the electronic discussion will continue into the second half of the<br />

year. After the discussion is closed, the Secretariat will prepare a report of the discussion which<br />

will be posted electronically. We hope the discussion will also enable the Council to frame the<br />

debate usefully and analytically.<br />

This exercise will enable the Secretariat to gain first-hand experience of setting up an interactive<br />

electronic discussion, moderating the process, and managing and designing it technically. We<br />

hope that we can run similar interactive discussions regularly on some of our research projects.<br />

On April 16-17 the Council’s Executive Director attended a meeting convened annually by the<br />

heads of human rights agencies in Latin America. In <strong>2009</strong> the meeting was hosted by Conectas in<br />

Sao Paulo. Human rights accountability was one of the main themes agreed for discussion and he<br />

presented the arguments on accountability that <strong>ICHRP</strong> has developed in the course of its work on<br />

this issue.<br />

Research director: Vijay Nagaraj from March <strong>2009</strong>.<br />

Start: May <strong>2009</strong>.<br />

Discussion: Quarter 1 to Quarter 3 2010.<br />

Working title:<br />

Accountability of NGOs: an electronic discussion. In English, French and<br />

Spanish.<br />

Publication: Quarter 4, 2010.<br />

Research team:<br />

Co-ordinator: Vijay Nagaraj. Advisory group: Maggie Beirne, Fateh Azzam,<br />

Hina Jilani, Robert Archer ADD. Background papers: Vijay Nagaraj, James<br />

Douglas; Hina Jilani.<br />

12


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Corruption and human rights: : Integrating I<br />

human<br />

h<br />

rights in anti-corruption agendas (131B)<br />

Due for publication in May/June 2010<br />

This report complements a first report on corruption which the Council published in February <strong>2009</strong><br />

(See section A, project 131A). It examines anti-corruption procedures and institutions and discusses<br />

where use of a human rights framework can strengthen national and local anti-corruption<br />

programmes and help to address obstacles and conflicts that inhibit effective cooperation. It seeks to<br />

be a practical tool that public officials and practitioners can use and, in contrast to the first report, is<br />

designed primarily for use by anti-corruption specialists.<br />

<strong>The</strong> second report will be published in English by the Council, very probably in cooperation with<br />

Transparency International which also co-published a second edition of the first report. Also like the<br />

first report, it will be translated into Spanish and distributed in Latin America in association with the<br />

Tecnologico de Monterrey in Mexico. Other translations are in discussion. A Summary of both <strong>ICHRP</strong>’s<br />

reports on corruption (see section A, project 131A) will be published with the second report, in French,<br />

Spanish and English, and will be widely distributed.<br />

Christian Gruenberg prepared an initial draft of the report in 2008 and contributed to work on the text<br />

in <strong>2009</strong> by researching a range of practical examples and illustrations. Julio Bacio Terracino, one of the<br />

project’s lead researchers, wrote a new legal chapter for the second report in <strong>2009</strong>. <strong>The</strong> report also<br />

benefited from the advice and input of Silke Pfeiffer, an independent consultant with considerable<br />

experience of anti-corruption institutions, who was asked in <strong>2009</strong> to help the Council make sure that<br />

the report would be understood by anti-corruption professionals, and adopted an appropriate tone.<br />

Follow-up activities will continue through the second half of 2010 into 2011, drawing on both reports.<br />

<strong>The</strong> first report’s reception has already shown that this work is relevant to a wide range of<br />

organisations, including UN agencies, national government programmes, national human rights<br />

institutions, international and national civil society organisations that campaign against corruption,<br />

human rights organisations, and women’s organisations (which are beginning to develop specific anticorruption<br />

campaigns). <strong>The</strong> Council is discussing with Transparency International and with the Office<br />

of the UN High Commissioner for Human Rights whether there might be opportunities for cooperation<br />

in the report’s publication and dissemination. An ambitious follow-up plan has been prepared,<br />

involving several regional workshops for a range of institutions. <strong>The</strong> first of these will take place in<br />

Mexico in April 2010, sponsored by the University of Monterrey, the Government of Mexico and <strong>ICHRP</strong>.<br />

<strong>The</strong>se meetings will generate several short documents, focused on the specific policy issues the<br />

workshops will address. This programme’s design reflects the Council’s desire to expand and focus its<br />

dissemination and outreach activities, and produce a range of focused secondary documents, with<br />

policy applications, based on the Council’s initial research.<br />

For additional project information: see project 131A in section A.<br />

Research director: Magdalena Sepúlveda Carmona.<br />

Draft report: January <strong>2009</strong>; February 2010.<br />

Publication: June 2010.<br />

Working title:<br />

Integrating Human Rights in Anti-Corruption Agendas. In English and Spanish.<br />

Summary in English, French and Spanish. Other translations to be confirmed.<br />

Research team:<br />

Lead writer: Christian Gruenberg. Additional writing: Magdalena Sepùlveda,<br />

Julio Bacio Terracino, Silke Pfeiffer.<br />

Advisers:<br />

Chong San Lee, Sandra Coliver, Stuart Gilman, Colin Goncalves, Nihal<br />

Jayawickrama, Ivan Krastev, C. Raj Kumar, Philliat Matsheza, Eduardo E.<br />

Rodriguez Veltzé, Ibrahim Wani (Shervin Majlessi, alternate).<br />

13


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Social control<br />

c<br />

and human<br />

rights<br />

3 (126)<br />

Due for Publication in September/October 2010<br />

A draft of this project became available at the end of <strong>2009</strong> and was edited and prepared for<br />

consultation in January and February. It went out for consultation at the end of February 2010 and it is<br />

hoped to publish the report early in the fourth Quarter of 2010. Five substantive research papers were<br />

prepared in the course of <strong>2009</strong>. <strong>The</strong>se were discussed in August and completed be the authors in<br />

October. Journals will publish abridged versions of most of these papers, and the Council is exploring<br />

whether the papers might be put together in a book and published commercially. <strong>The</strong> Draft Report is<br />

available for consultation on the Council’s website at www.ichrp.org.<br />

This project highlights the impact of state policies that regulate behaviour and freedom, and seeks to<br />

establish clear and adequate safeguards to protect the rights of individuals who are detained (or<br />

whose liberty is otherwise curtailed) in the context of social control policies. It examines the impact on<br />

human rights of a diverse range of new social control measures that states are imposing in areas that<br />

are normally considered distinct, both professionally and in human rights policy and practice: security<br />

and policing; custodial and non-custodial punishment; public health; immigration; homelessness and<br />

urban poverty.<br />

<strong>The</strong> research compares trends in these different sectors, to identify shared areas of policy as well as<br />

threats to human rights. In doing so, it will give attention to the fact that social control policies and<br />

practices have grown in range and scale in recent years - in response to increased anxiety about the<br />

dangers of crime and terrorism, but also under the influence of new technologies that have permitted<br />

electronic monitoring, tagging and other ‘preventive’ techniques, as well as privatisation programmes<br />

which have greatly extended the activities of private security firms and the number of public spaces<br />

that are privately policed.<br />

Research began at the beginning of <strong>2009</strong> with a meeting of the advisers and some of the researchers<br />

in London. A review meeting in August evaluated the research, discussed the arguments the final<br />

report should develop, and planned the project’s completion schedule. In addition to a Framework<br />

Paper prepared by the editorial team, the meeting considered five completed papers, namely:<br />

• Human Rights Implications of New Developments in Policing by Stéphane Leman-Langlois and<br />

Clifford Shearing with the assistance of Alenka Obal;<br />

• Incarceration, Social Control and Human Rights, by Richard Sparks and Fergus McNeill;<br />

• <strong>The</strong> Enemy at the Gates and the Enemy Within: Migrants, Social Control and Human Rights, by Pia<br />

Oberoi;<br />

• Public Health and Social Control: Implications for Human Rights, by Wendy Parmat; and<br />

• Social Control and Human Rights: A Case Study of the Roma in Europe, by Claude Cahn.<br />

A sixth paper, by Miloon Kothari (still incomplete) examines urban space and urban homelessness.<br />

In addition to <strong>ICHRP</strong> staff, the meeting was attended by: Emma Blower (lead writer, former Amnesty<br />

International researcher); Tim Cahill (Researcher on Brazil at Amnesty International); Stanley Cohen<br />

(Professor Emeritus, LSE); Jamie fellner (Senior Counsel, US Program, Human Rights Watch); Stefanie<br />

Grant (Senior Visiting Research Fellow, University of Sussex School of Law); Barbara Hudson (Professor<br />

3<br />

Project 126 was formerly titled Administrative Detention. Preparatory work started in mid-2006, under Susan<br />

McCrory. Her initial consultations revealed that specific instances of administrative detention (of political suspects,<br />

asylum claimants, etc.) had been studied but little research had compared grounds for detention, conditions of<br />

treatment or legal safeguards. When Susan left at the end of 2006, Vijay Nagaraj took the project over in July 2007.<br />

14


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

of Law, University of Central Lancashire); Miloon Kothari (Former UN Special Rapporteur on the Right to<br />

Adequate Housing); Judith Bueno de Mesquita (consultant); Lydia Morris (Professor of Sociology,<br />

Human Rights Centre, University of Essex); Pia Oberoi (consultant); Wendy Parmet (Professor of Law,<br />

Northeastern University, US); Margo Picken (Associate, Human Rights Centre, LSE); and Richard Sparks<br />

(Professor of Criminology, Edinburgh Law School, Co-Director, Scottish Centre for Crime and Justice<br />

Research); Yehenew Tsegaye Walilegne (Health & Human Rights Division, World Health Organization).<br />

Clifford Shearing (Professor of Criminology and Director of the Institute of Criminology, Law Faculty,<br />

University of Cape Town) participated by telephone.<br />

This project breaks new ground in several respects. First, human rights organisations have given<br />

relatively little detailed attention to officially sanctioned policies (many of them outside the criminal<br />

law) that restrict liberty in the ways that will be studied in this research: the project will provide that<br />

analysis and consider possibilities of constructive human rights interventions in some critical areas.<br />

Second, though detailed sociological research has been done in some of the fields proposed for study<br />

(migration, adolescence, mental health), a cross-sectoral analysis has never been attempted; the<br />

project will develop such a perspective. Third, whereas social control policies have stimulated<br />

considerable recent research in criminology and the social sciences on issues such as incarceration,<br />

social exclusion, and ideas of risk and danger - from which the project will benefit - this field has not<br />

been explored, until now, from the perspective of human rights.<br />

<strong>The</strong> project’s first aim is to clarify the overall effect of social control policies, and identify where,<br />

across a range of fields, they tend to violate principles of due process or other human rights<br />

principles. <strong>The</strong> project’s larger objective is to put social control policies on the agenda of human rights<br />

organisations and help them to develop tools for monitoring and responding to such policies more<br />

effectively. This will be the focus of the project’s follow-up programme, which will start towards the<br />

end of 2010 and will continue into 2011. During the consultation phase (March-April 2010) members<br />

of the research team will discuss the draft with a range of human rights organisations, to evaluate the<br />

level of interest and assess where co-operation will be most useful to the organisations concerned.<br />

Research director: Vijay Nagaraj.<br />

Design: Quarter 4, 2007; quarter 3 2008.<br />

Start: Quarter 4, 2008.<br />

Draft report: End <strong>2009</strong>.<br />

Consultation: Marc-April 2010.<br />

Working title:<br />

Social Control and Human Rights.<br />

In English. Summary in English, French, Spanish (tbc).<br />

Publication:<br />

September/October 2010 (tbc).<br />

Research team:<br />

Lead Researcher: Emma Blower-Gardner. Senior consultant: Prof. Stanley<br />

Cohen. Research Assistant: Andrea Pavoni.<br />

<strong>The</strong>matic authors: Clifford Shearing and Stéphane-Leman Langlois (Policing<br />

and Surveillance); Miloon Kothari (Urban Spaces, Homelessness and Social<br />

Control); Pia Oberoi (Control of Non-Nationals and Non-Citizens); Richard<br />

Sparks (Punishment and Incarceration); Wendy Parmat (Illness, Health and<br />

Medical Control); Claude Cahn (Social Control and Roma Human Rights: A Case<br />

Study).<br />

Advisers:<br />

Professor Conor Gearty, Usha Ramanathan, Wilder Tyler.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

C. Projects in research at the start of 2010<br />

New – Sexuality, health and human rights (134,<br />

(<br />

140)<br />

1. Following publication of the Discussion Paper Sexuality and Human Rights (See section A, project<br />

137), on July 6-7 the Council convened an expert meeting in Geneva to take advice on what<br />

further work the Council should undertake on the theme of sexuality and rights.<br />

2. <strong>The</strong> meeting brought together a group with an unusually wide range of expertise and interests in<br />

the field. <strong>The</strong> participants themselves indicated how rare it was for them to have an opportunity to<br />

debate the issues that concern them in such a heterodox forum – and it might even be said that<br />

the meeting justified itself in those terms alone. In addition to Magdalena Sepùlveda and Robert<br />

Archer for <strong>ICHRP</strong>, the following individuals took part: Maxim Anmeghichean (Programmes Director,<br />

ILGA-Europe, Moldova); Hossam Bahgat (Director of the Egyptian Initiative for Personal Rights,<br />

Egypt); Codou Bop (Coordinator of GREFELS, Senegal); Widney Brown (Senior Director of<br />

International Law and Policy, Amnesty International, US/UK); Radhika Chandiramani (Executive<br />

Director of TARSHI - Talking About Reproductive and Sexual Health Issues, India); Sonia Correa<br />

(Director DAWN, Development Alternatives with Women for a new Era, Brazil); Shanthi Dairiam<br />

(founding member and former Executive Director of International Women’s Rights Action Watch<br />

Asia Pacific and former expert member of the CEDAW Committee, Malaysia); Stefano Fabeni<br />

(Director, Lesbian, Gay, Bisexual, Transgender, Intersex Initiative, Global Rights, US); Susana Fried<br />

(Senior Gender Adviser, HIV/AIDS Group at the Bureau for Development Policy, United Nations<br />

Development Programme, US); Eszter Kismodi (Human Rights Adviser of the Gender, Reproductive<br />

Rights, Sexual Health & Adolescence, Department of Reproductive Health and Research, WHO,<br />

Switzerland); Allison Jernow (Senior Legal Officer for Sexual Orientation and Gender Identity,<br />

International Commission of Jurists, Switzerland); Scott Long (Director, the Lesbian, Gay, Bisexual<br />

& Transgender Rights Division, Human Rights Watch, US); Alice Miller (Lecturer-in-Residence at UC<br />

Berkeley Law School, Senior Fellow at Boalt’s <strong>The</strong>lton E. Henderson Center for Social Justice, US);<br />

Steven R. Ratner (Bruno Simma Collegiate Professor of Law at University of Michigan Law School,<br />

US); Cynthia Rothschild (Independent Consultant and Senior Policy Adviser, Center for Women’s<br />

Global Leadership, US); Ignacio Saiz (Executive Director, Centre for Economic and Social Rights,<br />

Spain); Alejandra Sardá-Chandiramani (Mulabi - Espacio Latinoamericano de Sexualidades y<br />

Derechos, Argentina); Professor Carole Vance (Dept. of Anthropology and Mailman School of Public<br />

Health, Columbia University, United States); Alma Viviana Perez (First Secretary for Human Rights,<br />

Colombian Mission to the UN, Switzerland).<br />

3. On the first day, using Sexuality and Human Rights as a point of departure, the group discussed<br />

rather freely a range of themes relevant to sexuality and human rights. On the second, the group<br />

identified options for the Council’s future research. This was an exceptionally useful session,<br />

because it required people coming from a variety of points of view to consider where our work<br />

might have the greatest shared value. A broad consensus eventually emerged that the most useful<br />

achievable project is one that would examine the legal concepts that underpin public policies<br />

regulating sexual expression and behaviour. <strong>The</strong>se include such notions as “public order”, “public<br />

morals”, “public health”, and ideas of decorum, decency, appropriate dress etc.<br />

4. <strong>The</strong> Council plans to develop a design that will address this question from a range of relevant<br />

angles. However, towards the end of <strong>2009</strong> and early in 2010 an alternative programme of work<br />

emerged in discussions with the World Health Organization that is both relevant to this project<br />

and provides a core information base for the research that would be involved. On the basis of a<br />

16


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

decisions by the Council’s Executive Board in February 2010, this new programme will be<br />

undertaken before the Council’s own project is started.<br />

New proposal (project 140). In September <strong>2009</strong>, Magdalena Sepùlveda started detailed discussions<br />

with staff from the World Health Organization about the possibility of editing, publishing and<br />

disseminating a number of research papers that WHO has commissioned for a large programme of<br />

research on sexuality, health and human rights that it began in 2008. For mandate reasons, the<br />

WHO is not able to publish the papers itself, and has invited <strong>ICHRP</strong>, with the support of the<br />

researchers, to take over their production with the aim of making the work available and<br />

contributing to the recognition, understanding and application of human rights standards related<br />

to sexuality and sexual health.<br />

Since 2008, the <strong>ICHRP</strong> has been collaborating with the Department of Reproductive Health and<br />

Research (RHR) of the WHO, which manages a consortium composed of UNDP/UNPFA/WHO and<br />

the World Bank Special Programme of Research, Development and Research Training in Human<br />

Reproduction (HRP). RHR works to strengthen the capacity of countries to enable people to<br />

promote and protect their own health and that of their partners, with respect to sexuality and<br />

reproduction, and to have access to and receive quality reproductive health services when needed.<br />

From January 2008 to April 2010, the RHR-WHO began a global research initiative that mapped<br />

the human rights standards regarding sexuality that have been developed under international,<br />

regional and national laws and jurisprudence. WHO commissioned 9 well-known international and<br />

regional experts to produce 7 working papers, now written, that examine domestic laws and<br />

jurisprudence in the light of obligations under international human rights law. <strong>The</strong> Papers include<br />

information on good practice, and describe where human rights have been successfully recognised<br />

in laws and jurisprudence. <strong>The</strong>y also identify gaps and inconsistencies with respect to authoritative<br />

standards. In addition to pointing out national and regional specificities, the working papers<br />

identify and discuss laws and cases that appear in a number of jurisdictions in the different<br />

regions and therefore reveal existing or developing trends, or departures from these trends. <strong>The</strong><br />

discussion papers focus on different regions, including: Latin America; Eastern Mediterranean;<br />

Africa; Europe; Western Pacific; and South-East Asia. One paper covers international legal norms<br />

and standards related to sexual health.<br />

For mandate reasons, WHO cannot publish the research itself. Recognising the crucial role that<br />

<strong>ICHRP</strong> can play in “translating” its research materials into documents that are user-friendly and<br />

policy-focused, WHO, with the support of the papers’ authors, has invited <strong>ICHRP</strong> to take on the<br />

task of editing, publishing and disseminating the research that WHO’s project has produced.<br />

Publication and dissemination of the papers would provide normative guidance for states, and<br />

facilitate state efforts to improve protection of rights relating to sexuality. <strong>The</strong> papers would<br />

contribute both to the WHO’s purposes - to develop a global policy on sexual health – and provide<br />

an information base for <strong>ICHRP</strong>’s future work on sexuality and human rights.<br />

Three forms of output are envisaged:<br />

Publications<br />

<strong>The</strong> project will produce 7 edited Discussion Papers which review and analyse relevant<br />

international, regional and country-specific human rights and legal instruments, as well as<br />

jurisprudence produced by international and regional human rights bodies and highest level<br />

national courts. Each paper will contain examples of good practices where human rights have been<br />

successfully recognised in laws and jurisprudence, and identify gaps and inconsistencies with<br />

respect to authoritative standards. In addition to pointing out national and regional specificities,<br />

17


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

they will identify and discuss laws and cases that appear in several jurisdictions in the different<br />

regions and therefore reveal existing or developing trends, or departures from these trends. <strong>The</strong><br />

papers will be published in English. <strong>The</strong> African and Universal papers will be translated into<br />

French. <strong>The</strong> Universal and Latin American paper will be translated into Spanish. Other translations<br />

will be considered.<br />

Database<br />

This project will generate an interactive database, including descriptions of some 100 cases, that<br />

will facilitate the exchange of information and resources and make the research available to a<br />

wider audience. For each case an English summary will be available. When possible a link to the<br />

full document in the original language will be provided. WHO will pass the database to the Council,<br />

after it has been developed. It will not be updated.<br />

Forum<br />

To promote contact and exchange between human rights organisations, NGOs, academic<br />

institutions, government policy-makers and other actors with an interest in the issue of health and<br />

sexuality, the project will generate an online forum similar to the Human Rights Principles and<br />

NGO Accountability Online Forum (see section B, project 119). <strong>The</strong> forum would collect different<br />

perspectives and ideas, both negative and positive, on the issues surrounding sexuality and<br />

human rights and would serve as a tool for follow-up and to gauge responses to, and the<br />

influence of, the discussion papers.<br />

As noted above, in February 2010, the Council’s Board decided to prioritise this project (reference<br />

140). It will start in 2010 and the start of the Council’s own project (reference 134) will therefore<br />

be deferred until its completion (in 2011). <strong>The</strong> work undertaken for project 140 will provide an<br />

evidence base for the Council’s project, and can therefore be said to provide a foundation for the<br />

work the Council will eventually undertake.<br />

During <strong>2009</strong> Magdalena Sepulvèda also liaised with various state delegations that are working on<br />

the issue of sexuality as a follow-up to the High-level panel event on human rights, sexual<br />

orientation and gender identity that took place in June <strong>2009</strong> at the UN Human Rights Council. <strong>The</strong><br />

event built on a joint statement by 54 States at the December 2006 session of the Human Rights<br />

Council. It requested the Council to address these issues, affirm the principles of universality and<br />

non-discrimination, and raise awareness of a joint statement that 67 States from all 5 UN regions<br />

have endorsed, which was presented at the UN General Assembly on 18 December 2008.<br />

Research director: Magdalena Sepúlveda Carmona.<br />

Design: Quarter 4, <strong>2009</strong>, Quarter 1 2010.<br />

Start: Quarter 2, 2010.<br />

Working title:<br />

Sexuality, Health and Human Rights: Discussion Series. In English. (Selected<br />

papers in French and Spanish.)<br />

Publication: Schedule to be spread over 2010 and 2011.<br />

Research team:<br />

General editor: Magdalena Sepùlveda. Editors: to be appointed.<br />

Advisers:<br />

To be appointed.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Climate change: technology policy and human rights (138)<br />

Due for publication in the last quarter of 2010 or early 2011<br />

This is the third piece of work that the Council is undertaking on human rights and climate change.<br />

(See project 136 in section A above and project 302 in section D below.) <strong>The</strong> Council identified<br />

technology diffusion and transfer as an important but relatively underexplored area of climate change<br />

policy with significant human rights implications in 2008 and in that year commissioned a feasibility<br />

paper from the Centre for International Environmental Law (CIEL) to explore the arguments and<br />

propose options for a Council project.<br />

Research started early in <strong>2009</strong> and in July, the Council held an expert meeting in Geneva to review the<br />

research produced for the project, and plan the next phase of work. <strong>The</strong> five papers considered at the<br />

meeting were<br />

• Future Climate Technology Regimes: An Assessment of the Macro-environmental Context from a<br />

Human Rights Perspective by John Barton; 4<br />

• Technology Transfer in the UNFCCC and other International Legal Regimes: <strong>The</strong> Challenge of<br />

Systemic Integration, by CIEL;<br />

• Health: Human Rights, Climate Vulnerability and Access to Technology by Sisule F. Musungu;<br />

• Promoting Access to Technologies for Adaptation: A Role for the Right to Food? by María Julia<br />

Oliva;<br />

• Climate Technology Transfer: A Derivation of Rights- and Duty- Bearers from Fundamental<br />

Human Rights, by Simon Caney.<br />

Two additional papers commissioned from the Stockholm Environmental Institute (SEI) (one on<br />

Technology Policies to Support Adaptation in Developing Countries: Equity and Rights Considerations,<br />

the other on <strong>The</strong> Technology Imperative and the Greenhouse Development Rights Framework) were<br />

not completed in time for the meeting and SEI staff made oral presentations.<br />

In addition to Stephen Humphreys and Robert Archer, and Angela Onikepe (intern), those at the<br />

meeting were: John H. Barton (George E. Osborne Professor of Law, Stanford Law School); Philippe<br />

Cullet (Reader in Law at the School of Oriental & African Studies, London, Director, International<br />

Environmental Law Research Centre, Geneva); Mac Darrow (Coordinator of the Millennium<br />

Development Goals Unit, Office of the UN/OHCHR, Geneva, on sabbatical); Caroline Dommen<br />

(Representative for Global Economic Issues, Quaker United Nations Office); Stefanie Grant (Senior<br />

Visiting Research Fellow, University of Sussex School of Law); Sivan Kartha (Director, Climate and<br />

Energy Programme, Stockholm Environment Institute); Richard Klein (Co-Director, Climate and Energy<br />

Programme, Stockholm Environment Institute); M.J. Mace (freelance consultant, former head, Climate<br />

Change and Energy Programme, the Foundation for International Environmental Law and<br />

Development); Claire Mahon (Joint-Coordinator, Project on Economic, Social and Cultural Rights,<br />

Geneva Academy of International Humanitarian Law and Human Rights, and Adjunct Clinical Professor<br />

of Law at the University of Michigan Law School); Sisule F. Musungu (President of IQsensato); María<br />

Julia Oliva (lawyer, Senior Adviser on Access and benefit sharing for the Union for Ethical BioTrade);<br />

Marcos A. Orellana (Senior Attorney, Center for International Environmental Law); Romina Picolotti<br />

(President of CEDHA, Argentina); Dalindyebo Shabalala (Director of CIEL's Intellectual Property and<br />

Sustainable Development Project); Dinah Shelton (Manatt/Ahn Professor in International Law at the<br />

George Washington University Law School, United States); Clarisse Kehler Siebert (SEI Research Fellow,<br />

the Climate and Energy programme); Youba Sokona (Executive Secretary, Observatory of the Sahara<br />

and the Sahel); Matthew Stilwell (Director, European Office, Institute for Governance and Sustainable<br />

Development).<br />

4<br />

Tragically, John Barton died shortly after the meeting following an accident.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

When the meeting took place, the project was in mid-course, having completed the main research<br />

phase. At this point, the Research Director responsible for the project, Stephen Humphreys, was<br />

appointed to the post of lecturer at the London School of Economics and Political Science (starting in<br />

September <strong>2009</strong>), and it became necessary to refocus the project and its timetable.<br />

It was agreed, first, that authors of papers would reedit their work and resubmit it in November,<br />

providing a sound foundation for the project report. In parallel, <strong>ICHRP</strong> would explore the possibility of<br />

assembling the papers in a book that might be commercially published (as the Council had published<br />

Climate Change and Human Rights (reference 302) with Cambridge University Press).<br />

Secondly, it was agreed that Stephen Humphreys will draft the report in 2010, taking account of the<br />

outcomes of the Copenhagen climate change Summit that took place in December <strong>2009</strong>. <strong>The</strong> Council’s<br />

final report will seek to position discussion of technology transfer and human rights in the post-<br />

Copenhagen context (thereby avoiding the adoption of a very short-term perspective).<br />

<strong>The</strong> timetable to which the Council is now working plans for the report to be drafted between March<br />

and April/May 2010, and published (after editing and consultation) in the fourth quarter of the year.<br />

Stephen Humphrey’s departure means, nevertheless, that the Council has lost expertise in this rapidly<br />

evolving area and will not be able to follow-up the report in the same manner. As it has tried to do in<br />

other cases when Research Directors leave mid-project, the Secretariat will seek to co-operate with<br />

one or more organisations that are actively involved in advocacy or policy research on climate change,<br />

with the aim of ensuring that the research findings are adequately disseminated and put to use.<br />

<strong>The</strong> project<br />

Technology transfer has been a key element of climate change negotiations from the outset, but until<br />

recently it has generated political contention more often than it has provided a solution for climate<br />

change harms. Since the Bali conference of December 2007 identified technology as one of four pillars<br />

of any future climate change settlement, however (the other three are mitigation, adaptation and<br />

finance), there has been increasing focus on the practical and legal elements of technology policy.<br />

Technology development, diffusion and transfer is needed both to help poorer and more vulnerable<br />

countries and communities adapt to the inevitable and immediate consequences of climate change<br />

and to help them move onto low carbon development pathways in the longer-term.<br />

Human rights are relevant to the technology questions that arise in both these policy areas -<br />

adaptation policies in the short-term and mitigation measures over the longer-term. At the same time,<br />

highlighting the human rights benefits of technological interventions may create a space for reframing<br />

the unsustainable dynamic between blocs of countries that has largely characterised debate of<br />

this subject to date. In this regard, human rights offer a strong ethical and legal basis from which<br />

technology transfer debates could be approached.<br />

<strong>The</strong> report will have value for a variety of actors but will be written primarily for policy-makers who<br />

have responsibility for designing and negotiating transfer technology programmes and agreements in<br />

the context of climate change. It will be written secondly for human rights and other civil society<br />

organisations that wish to engage with transfer technology and climate change and to influence the<br />

content of those programmes and agreements.<br />

<strong>The</strong> project will achieve its policy objectives if, first, human rights considerations come to be included<br />

more frequently in discussions of technology transfer and climate change; and secondly, if climate<br />

change programmes and agreements come to take more explicit account of the technology needs of<br />

20


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

groups exposed to particular risks, including people and communities who are exceptionally poor,<br />

uninformed or marginalised.<br />

A third and broader objective is to create more clarity concerning the claims on justice that different<br />

parties make in relation to climate change. <strong>The</strong> negotiating process and the politics of climate change<br />

- including advocacy concerning technology transfer - is driven by different notions of justice that are<br />

to an extent inconsistent. Because a human rights analysis can help to clarify and position different<br />

claims to justice, and because it protects those who suffer from injustice most sharply, it can assist<br />

the formation of a more objective and constructive discussion of this exceptionally demanding issue,<br />

which will require sacrifice and generosity from people in every country.<br />

Research director: Stephen Humphreys (to September <strong>2009</strong>); Robert Archer (to May 2010).<br />

Design: Quarter 3 and 4, 2008.<br />

Start: Quarter 1, <strong>2009</strong>.<br />

Draft report:<br />

May-June 1020 (revised).<br />

Consultation:<br />

August-September 2010 (revised).<br />

Working title:<br />

Human Rights in Climate Technology Policy.<br />

In English. Summary in French, Spanish and English.<br />

Publication:<br />

Report: Quarter 4 2010 (tbc).<br />

Briefing paper series: June-October <strong>2009</strong>.<br />

Research team:<br />

<strong>The</strong> Center for International Environmental Law (CIEL), the Stockholm<br />

Environmental Institute, Maria Julia Oliva, Professor John Barton, Professor<br />

Simon Caney, Sisule Musugu (and one other still to be identified).<br />

Advisers:<br />

Dinah Shelton, Simon Caney, Sivan Kartha, MJ Mace, Balakrishnan Rajagopal.<br />

Privacy and technology 5 (132)<br />

Discussion Paper scheduled for the last Quarter of 2010 or early in 2011<br />

This project examines the impact of new technologies on personal autonomy and the notions of<br />

privacy and the right to privacy.<br />

A considerable amount of preparatory work was done for this project in the course of 2008 and <strong>2009</strong>,<br />

by Stephen Humphreys, the Research Director responsible for the project, but also by Andrea Pavoni<br />

and Anna Piekarzewski, two post-graduate interns at the Council, who prepared background reports<br />

on various aspects of the issue. <strong>The</strong> project was due to start research in the course of <strong>2009</strong>, and was<br />

to have examined the concept of privacy, and the implications for privacy of technological change,<br />

from a variety of different angles (see below).<br />

In September <strong>2009</strong>, however, Stephen Humphreys was appointed to the post of lecturer at the London<br />

School of Economics and Political Science, and it became necessary to reconfigure the project and its<br />

timetable.<br />

It has been agreed with Stephen Humphreys that he will draft a Discussion Paper on the theme of<br />

privacy and new technology, which will pull together the different pieces of research that have been<br />

started. <strong>The</strong> Paper will aim to map the relevant issues and identify and discuss some of the key<br />

questions, at least in a preliminary manner.<br />

5<br />

Project 132 was formerly titled Information-gathering Technologies and Human Rights.<br />

21


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Stephen Humphreys will prepare the draft by mid 2010 and it will be published, after a short<br />

consultation, in the second half of the year. <strong>The</strong> final report will obviously be less ambitious in its<br />

research and objectives than the original proposal. It will nevertheless provide a stimulating overview<br />

of a cluster of issues that are starting to attract attention, and assist human rights actors to reconsider<br />

the notion of privacy and perhaps enrich the notion of the right to privacy.<br />

Before or at publication, in association with Stephen Humphreys, the Council will convene a meeting of<br />

experts to discuss the report and advise the Council on what further work might usefully be done in<br />

this field. If it is timed appropriately, this meeting might also enable us to advertise the publication of<br />

the report and help its dissemination.<br />

<strong>The</strong> Board has taken no final decision on whether the Council will undertake a second report on<br />

privacy and technology – that is to say on whether the Discussion Paper is a precursor of a main<br />

research project on this issue, or replaces it. A decision will be made in 2010, in the course of<br />

preparing the strategic plan.<br />

Summary of the theme<br />

Many of the anxieties associated with privacy today are due partly to uncertainty over the shifting<br />

boundaries of personal autonomy, in a context of increasingly broad technological innovation that is<br />

often poorly understood by its users. <strong>The</strong> ‘human right to privacy’ has not served as an ideal entry<br />

point for understanding or negotiating this question, partly because it has usually been framed<br />

negatively as a ‘right to be left alone’ and defined in opposition to state action and the ‘public’<br />

interest. Yet privacy is also a public good. In the Western tradition at least, it is the basis of personal<br />

autonomy, which permits entry into the public sphere, political participation and access to rights.<br />

People participate in society, work, culture, political activities or government as private persons first<br />

and foremost.<br />

In principle, information technologies both extend and diminish personal control over the boundaries<br />

of the private. <strong>The</strong>y extend privacy because they offer new means to set personal boundaries, to alter<br />

and project identity, and to participate and associate in the public sphere. Mobile phones and cameras,<br />

internet commerce, and social websites all harness and organise data to these ends. Data is likewise<br />

gathered in health databases to extend lifespan and manage disease, to monitor and enforce personal<br />

security, and so on. All these innovations can bolster the capacity of individuals to act autonomously.<br />

On the other hand, technological advance challenges personal autonomy, traditionally understood.<br />

Private individuals neither manage nor own the technologies they increasingly depend upon. Personal<br />

privacy is (or is experienced as) threatened in four ways. First, the architecture of data and<br />

communications systems categorises individuals and their attributes in novel and predetermined ways,<br />

for functional purposes that refashion personal profiles along-terms created and administered by third<br />

parties. Second, the systems are now so advanced and complex that modern users do not and cannot<br />

expect to comprehend their functioning and adjustment, the amount and kind of data collected, who<br />

has access to it, and how access and usage is governed, if at all. Third, the IT revolution has been<br />

accompanied by a transfer of the management of public infrastructures into private hands. Whereas<br />

individuals previously entrusted the policing of their private spheres to public actors (the police, post<br />

and telecommunications services, public health services and so on), albeit guardedly, today it is not<br />

clear whether individuals expect the private sector to defend the security of their personal information<br />

from the state, or, conversely, expect the state to protect them from private abuses. Fourth, ordinary<br />

safeguards of the kind traditionally used to monitor governments tend to fail in a world where data<br />

flows barely recognise national jurisdictions.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

<strong>The</strong> preservation of privacy is therefore a public interest - and it is of far greater importance and<br />

complexity than the emphasis on safeguarding ‘personal information’ indicates. Protecting privacy is<br />

not merely a matter of consenting to information gathering and use, it is also profoundly affected by<br />

the kinds of risk concerns that are mobilised in data collection, the kinds of categories that are created<br />

to organise personal data, the nature of the institutions entrusted to create data categories and store<br />

information, and the ways in which that data is imputed to individuals (and groups) and collected.<br />

<strong>The</strong> globalisation of technological systems raises other questions. Data gathering and surveillance<br />

technologies are actively exported around the world through a variety of security-centred assistance<br />

programmes. In poorer countries, especially those considered strategically important, the diffusion of<br />

technologies for police and military purposes tends to far outstrip the dissemination of personal<br />

technologies among private citizens. Given their diverse cultural, social and historical contexts, these<br />

environments will often not embed conceptions of privacy equivalent to those referred to above.<br />

Questions as to whether a diffusion of data-gathering technologies empower or constrain private<br />

persons arise differently in such contexts. On one hand, this complicates effective resistance to the<br />

more deleterious invasions of surveillance technologies, absent privacy advocates or an available<br />

broadly consensual language with which to articulate these concerns. On the other, where donors and<br />

human rights groups attempt to import traditional advocacy in response to perceived privacy concerns<br />

due to (likewise imported) security measures, their efforts may remain meagre and unrooted,<br />

disconnected from the concerns of society at large. <strong>The</strong>re are no self-evidently easy answers to the set<br />

of issues raised here.<br />

<strong>The</strong> Council’s project will examine this nexus of issues, with the objective of eventually refreshing and<br />

reaffirming the notion of privacy, in its modern context, and thence the principle of the right to<br />

privacy. It will assess the cluster of human rights-relevant issues associated with privacy<br />

(discrimination, anonymity, reputation, freedom of expression, and so on) at a time when these<br />

concepts appear to be coming under strain due to technological advance. <strong>The</strong> project will seek to clear<br />

away some of the confusion that surrounds discussion of privacy and autonomy, threatening to bury<br />

these important values beneath unrealistic and unrealisable notions of freedom from state and society.<br />

By clarifying the complex relationship of privacy with both rights and technological change, it can help<br />

to identify realistic approaches to the issues that technology and privacy raise.<br />

Research director: Stephen Humphreys (to September <strong>2009</strong>); Robert Archer (to may 2010).<br />

Design: Quarter 1, Quarter 3, 2008.<br />

Start: Quarter 4, 2008.<br />

Status:<br />

In research.<br />

Draft report:<br />

August 2010 (revised).<br />

Consultation:<br />

Quarter 3 2010 (revised).<br />

Working title:<br />

Privacy and Technology: Discussion Paper.<br />

Report in English.<br />

Publication:<br />

Quarter 4 2010 (revised).<br />

Research team:<br />

Writer: Stephen Humphreys. Research assistance: Andrea Pavoni, Anna<br />

Piekarzewski.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

D. External publications<br />

Human Rights and Climate Change (302)<br />

Published by Cambridge University Press, December <strong>2009</strong><br />

This is the third publication on climate change and human rights for which the Council has taken<br />

responsibility. (See project 136 in section A; and project 138 in section C.)<br />

Human Rights and Climate Change was published by Cambridge University Press in association with<br />

<strong>ICHRP</strong> in December <strong>2009</strong>, shortly before the Copenhagen Summit. It is based on papers that were<br />

originally prepared for the Council’s report Climate Change and Human Rights – A Rough Guide. <strong>The</strong><br />

authors are:<br />

Sam Adelman<br />

Kye Mesa Barnard<br />

Jon Barnett<br />

Simon Caney<br />

Philippe Cullet<br />

Stephen Humphreys<br />

Paul Hunt<br />

Rajat Khosla<br />

James Martin<br />

John Mutter<br />

Peter Newell<br />

Frances Seymour<br />

Dinah Shelton<br />

Professor, legal theory & comparative human rights, Warwick School of Law;<br />

Ph.d Student, Columbia University;<br />

Research Council Fellow, School of Social and Environmental Enquiry,<br />

University of Melbourne;<br />

Professor in Political <strong>The</strong>ory, Oxford University, and Fellow and Tutor in<br />

Politics, Magdalen College;<br />

Reader in Law, School of Oriental & African Studies, University of London,<br />

Director of the International Environmental Law Research Centre, Geneva,<br />

Editor of the Journal of Law, Environment and Development;<br />

Research Director at the International Council on Human Rights Policy, now<br />

lecturer at the London School of Economics;<br />

Former UN Special Rapporteur on the Highest Attainable Standard of Health,<br />

Professor, University of Essex and University of Waikato;<br />

Senior Research Officer in the Right to Health Unit at the Human Rights<br />

Centre, University of Essex;<br />

Fellow, Oxford University Centre for the Environment;<br />

Professor at Columbia University, Departments of Earth and Environmental<br />

Sciences and of International and Public Affairs;<br />

Professor of Development Studies, University of East Anglia;<br />

Director General of the Center for International Forestry Research (CIFOR),<br />

Bogor, Indonesia;<br />

Manatt/Ahn Professor in International Law, George Washington University<br />

Law School.<br />

<strong>The</strong> book was edited by Stephen Humphreys who also wrote the introduction and conclusion. Mary<br />

Robinson contributed a foreword.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

E. Projects listed for development in 2010<br />

At the beginning of 2010, the Council’s Executive Board agreed that the <strong>ICHRP</strong> will undertake a new<br />

research project on impact and its measurement. A proposal will be prepared in the course of 2010,<br />

based on background research, which will be discussed at the next meeting of International Council<br />

members, in Geneva in November 2010.<br />

Work ceased on the projects<br />

F. Projects closed in <strong>2009</strong><br />

• Talking about Terrorism - Risks and Choices for Human Rights Organisations (project 129)<br />

• Sexuality and Human Rights: Discussion Paper<br />

<strong>The</strong> second of these reports remains germane to the Council’s new research on sexuality (reference 140), and<br />

will continue to play part in that project’s development and dissemination.<br />

<strong>The</strong> Council will continue to try to respond to requests in connection with both reports, subject to capacity. It<br />

will not initiate new activity in relation to them, however.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

OTHER ACTIVITIES OF THE COUNCIL<br />

Council Assembly<br />

In March <strong>2009</strong> the Council’s Executive Board decided not to hold a Council meeting in <strong>2009</strong>, for<br />

financial reasons. <strong>The</strong> twelfth annual meeting of Council members will take place in Geneva in<br />

November 2010.<br />

Institutional relationships<br />

Realizing Rights –<strong>The</strong> Ethical Globalization Initiative<br />

With the Aspen Institute and Columbia University, the Council will continue to support Realizing Rights<br />

- <strong>The</strong> Ethical Globalization Initiative (EGI) until the organisation closes in its present form at the end of<br />

2010. EGI seeks to catalyse policy formation by convening policy-makers from government,<br />

international institutions, business and civil society. In 2008 EGI began a planning process to manage<br />

the transition, which aims to devolve EGI’s ongoing programmes to other organisations by 2010, and<br />

redeploy or find new employment for the staff by the same date.<br />

In these circumstances, the Council was particularly pleased to jointly sponsor with Realizing Rights<br />

the Colloquium that both organisations organised in January 2010 on Macro-Economic Policy and<br />

Human Rights (see section B, project 210).<br />

A Council Board Member and the Executive Director sit on EGI’s Board. A staff member of EGI, Scott<br />

Jerbi, works out of the Council’s offices in Versoix. Council staff provide policy support in some areas<br />

of EGI’s programme.<br />

Other examples of co-operation<br />

operation<br />

Transparency International<br />

<strong>The</strong> Council has developed good working relations with Transparency International in the course of<br />

preparing the project on corruption. Magdalena has been directly involved in the drafting of their new<br />

publication “Working Paper No. 5/2008 Human Rights and Corruption”. <strong>The</strong> Council’s draft report on<br />

Corruption is cited as the basis of the report. Transparency is interested in co-operating on the<br />

second report and is likely to organise a workshop (at their own cost) to discuss the final draft.<br />

United Nations<br />

Magdalena Sepúlveda has worked closely with the OHCHR since her appointment in 2008 to the<br />

position of UN Independent Expert on the question of human rights and extreme poverty (see below).<br />

Technical University of Monterrey, Mexico<br />

<strong>The</strong> Council agreed a contract with the Technical University of Monterrey under which the University<br />

will translate and co-publish the Council’s first corruption report in Spanish, and will distribute it in<br />

Latin America. <strong>The</strong> Human Rights Centre of the University is using the Corruption report and several of<br />

the working papers in its international diploma on corruption and transparency. It is interested to<br />

build a longer-term relationship with the Council, and we will explore the idea further if this first cooperation<br />

is successful.<br />

World Health Organization (WHO)<br />

<strong>The</strong> Council developed and strengthened its working relationship with the Department of Reproductive<br />

Health and Research of the World Health Organization (WHO) during <strong>2009</strong>, and in 2010 will cooperate<br />

on publishing a series of papers on sexuality, health and human rights, which the WHO commissioned<br />

in 2008-<strong>2009</strong>. (See section C, project 140.)<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

INSTITUTIONAL ISSUES<br />

Magdalena Sepúlveda Carmona<br />

During <strong>2009</strong> Magdalena Sepúlveda Carmona continued her work as the UN Independent Expert on the<br />

question of human rights and extreme poverty. To allow her to fulfil her mandate correctly, it was<br />

agreed in <strong>2009</strong> that she will set aside one day per week for this work, reducing her time as <strong>ICHRP</strong><br />

Research Director accordingly.<br />

Staffing<br />

In October <strong>2009</strong>, the Council’s first executive Director, Robert Archer, announced that he would stand<br />

down from the end of April 2010. His successor will be Mr Maina Kiai, who was appointed in March<br />

2010. Mr Kiai will take up his post in July 2010.<br />

<strong>The</strong> Council started <strong>2009</strong> with a smaller staff, having closed two posts at the end of 2008 for financial<br />

reasons. <strong>The</strong> secretariat’s complement was reduced further in September <strong>2009</strong> when Stephen<br />

Humphreys, one of the Council’s three Research Directors, accepted a post at the London School of<br />

Economics and Political Science. At the end of the year, the Secretariat was composed of the Director,<br />

two Research Directors, the Accountant, the Outreach and Publications Co-ordinator, the IT and<br />

Communications Officer, and an Administrative Assistant. In addition, the Council continues to offer<br />

three 6 monthly rolling internships. <strong>The</strong> Council’s post-graduate interns have made an extremely<br />

useful contribution to the Council’s work for several years. Each intern is recruited and managed by a<br />

Research Director, and can therefore engage quite deeply with the Council’s research process. In view<br />

of the fact that the Secretariat currently has a complement of two Research Directors, from 2010 one<br />

of the three interns will be attached to the Communications team, thereby helping to fulfil the<br />

Council’s wish to invest more resources in this area.<br />

With respect to permanent staff, the Secretariat cannot be reduced further without becoming<br />

dysfunctional. Its composition will be reviewed by the Board and the incoming Director in 2010 and,<br />

once the Council’s current financial travails are overcome, one or more additional appointments will be<br />

necessary. In the longer term, it will not be possible to achieve the Council’s mandate, or the<br />

communications objectives identified by the DFID/Finland evaluation of <strong>2009</strong>, without some increase<br />

in fundraising capacity and expertise, in addition to additional communications resources.<br />

On the positive side, by the end of <strong>2009</strong> the new and inexperienced staff group that came together in<br />

2007-2008 had become an efficient and cooperative team. Despite their reduced number, the<br />

Secretariat accomplished a great deal during the year, and staff particularly distinguished themselves<br />

during the very smooth organisation of the international Colloquium which the Council held in January<br />

2010.<br />

DFID/Finland evaluation<br />

In <strong>2009</strong>, DFID commissioned an impact evaluation of the International Council’s work, in association<br />

with the Ministry of Foreign Affairs of Finland. <strong>The</strong> evaluation was carried out by three independent<br />

evaluators, Asmita Naik, Mark de Pulford and Helen Banos Smith, who interviewed by phone or in<br />

person members of staff, several members of the Council’s Board, and a restricted number of<br />

individuals who have been associated with the Council’s research. In addition, the evaluation team<br />

wrote personally to a selected group of individuals inviting them to comment on the Council’s work,<br />

and sent a general email inviting comments to a large number of names drawn from the Council’s<br />

database.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

<strong>The</strong> evaluation team set out to assess the influence of four of the Council’s recent projects: on peace<br />

agreements [128], terrorism [129], corruption [131A], and climate change [136]. <strong>The</strong> team focused<br />

particularly on evidence of influence on government policies. 6<br />

<strong>The</strong> evaluators’ report may be obtained from the Council. In summary, the evaluators found that the<br />

research of the Council is generally of high quality; that its work is appreciated by those who know<br />

about it; and that it has influence in a range of ways; but that a relatively small circle of people are<br />

aware of the Council’s work; that a direct influence on government policies is rarely discernible; that<br />

the Council needs to produce short policy-focused products in addition to its reports; and that the<br />

organisation should considerably reinforce its communications’ capacity and expertise.<br />

<strong>The</strong> Council’s Board considered the evaluation in February 2010, and found that many of its findings<br />

match or complement their own assessment. <strong>The</strong> Board expects to integrate the evaluation into its<br />

own broader review, and to report back to DFID, and Finland, in mid-year when it will have finalised<br />

the strategic plan for 2011-13 in consultation with the Council’s new Executive Director.<br />

Financial management<br />

Following a very difficult year in 2008, management of the organisation’s finances was of particular<br />

concern to the Board and the Secretariat in <strong>2009</strong>, especially in light of the difficult external<br />

environment.<br />

Towards the end of 2008 new arrangements for the Council’s finances were put in place and agreed<br />

with the Board. Sabrina Lambat, who took over responsibility for the <strong>ICHRP</strong>’s accounts in extremis<br />

during the year, was appointed formally to the post of Accountant. It was agreed that she would be<br />

supported by the Council’s finance adviser, Peter Blanchard, who agreed to take on a more explicit<br />

oversight responsibility. Mr Marc Bétemps was reappointed auditor.<br />

<strong>The</strong>se arrangements proved to be sound. When the accounts were audited at the beginning of 2010,<br />

they were found to be up to date and well managed; and, having started the year in an extremely<br />

exposed position, following a very substantial loss in 2008, the Secretariat had rebalanced income and<br />

expenditure and cut costs by CHF400’000 (relative to 2008) without deeply harming the research<br />

programme. (Indeed, research fees and consultancies doubled in <strong>2009</strong> relative to 2008.) Income did<br />

not rise, which remains a cause of concern; and in the longer term it remains essential to restore the<br />

reserve which was lost in 2008. Nevertheless, the Council had reconstructed its tradition of precise<br />

accounting, and had put itself in a position from which it can start to rebuild its finances – even if,<br />

being obliged to live off current income, its situation remains extremely vulnerable. It will be essential<br />

to make at least a small surplus in 2010.<br />

Office<br />

As part of its effort to cut costs, in <strong>2009</strong> the Council sharply reduced the office area it occupied in the<br />

Villa du Montfleury, where the Council has been located since it was established in Switzerland in<br />

1998.<br />

<strong>The</strong> Villa du Montfleury has been an excellent facility and a fine venue for meetings. During <strong>2009</strong>,<br />

however, the staff and Board agreed that it was an appropriate time for the Council to move closer to<br />

6<br />

<strong>The</strong> Council does not measure its impact by this criteria alone. <strong>The</strong> Board considers that the Council’s work<br />

should be relevant to a wide range of potential audiences and that the Council approach is not designed to<br />

influence specific governments on specific policies.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

the city. Accordingly the Council gave notice on its offices in the Villa in September and at the end of<br />

March 2010 will move to new offices on the third floor of 17 rue Ferdinand Hodler, 1207 Geneva.<br />

(Phone numbers will remain unchanged.)<br />

Realizing Rights<br />

Scott Jerbi, Policy Co-ordinator of Realizing Rights-<strong>The</strong> Ethical Globalization Initiative, worked from<br />

the Council's Secretariat through <strong>2009</strong>. He reports to Mary Robinson, EGI’s Director, based in New<br />

York. This arrangement will cease in the course of 2010, when Realizing Rights closes its activities.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

FINANCE<br />

Overview of the financial position<br />

<strong>The</strong> Council’s Executive Board approved the audited accounts for <strong>2009</strong> on 27 February 2010. <strong>The</strong><br />

report of the auditor and the accounts are appended (Appendix V(a)).<br />

<strong>The</strong> <strong>2009</strong> accounts report a nominal deficit of CHF 25k. Income amounted to CHF 1.634 million and<br />

expenditure CHF 1.651 million, excluding 2010 and 2008 adjustments and foreign exchange<br />

fluctuations. Some unspent income has been carried into the 2010 accounts. Expenses incurred on the<br />

Colloquium (project 210) have been moved into 2010, except for staff time and general cost<br />

allocations (Governance, Overheads, Website and Communications, General Projects, Fundraising).<br />

<strong>The</strong> Council carried some debts into 2010, most of which were paid at the beginning of the year.<br />

<strong>The</strong>se were linked to regular operating expenses, and mailing costs incurred in <strong>2009</strong> but for which<br />

invoices were received in January 2010. <strong>The</strong> Council also adjusted balances overestimated for this year<br />

and prior years. An overestimate of CHF 13k added to our expenditure to CHF 1.664 million.<br />

<strong>The</strong> accounts benefited from stronger publication sales (income from which doubled from CHF 1.7k to<br />

CHF 3.5k) and sales of furniture (approximately 7k). With CHF 1.622 million of donations (compared to<br />

1.590 million in <strong>2009</strong>), our total income was CHF 1.634 million (compared to 1.604 million in 2008),<br />

excluding foreign exchange gains, which amounted to CHF 5k (compared to last year’s loss of CHF<br />

89k). Overall, the Secretariat managed to cut expenditure by 440k (2.091 million in 2008), excluding<br />

foreign exchange fluctuations and adjustments.<br />

<strong>The</strong> nominal deficit of CHF 25k on the <strong>2009</strong> accounts should nevertheless be put in context. Taking<br />

into account last year’s loss of CHF 577k, the Council is still highly insecure, having virtually no<br />

reserve. CHF 77k of surplus has been brought forward from <strong>2009</strong> into 2010, compared to 596k from<br />

2008 to <strong>2009</strong>. This sum is in addition to the foundation capital of CHF 50k (the Foundation’s<br />

minimum legal reserve). It is therefore essential to cover expenditure in 2010 but also to begin to<br />

reconstitute a reserve, given the long project cycles associated with research.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

<strong>2009</strong> ACTUALS VS BUDGET, EXCLUDING ALLOCATIONS (FINANCIAL STATEMENT IN CHF AND USD)<br />

<strong>2009</strong> BUDGET VS ACTUALS<br />

BUDGET <strong>2009</strong> ACTUALS <strong>2009</strong><br />

CHF % USD CHF % USD<br />

PROJECTS<br />

101 FR Fundraising 116'515 5.68% 112'249 64'323 3.14% 61'968<br />

101 General Projects 60'988 2.97% 58'756 88'511 4.32% 85'271<br />

119 Rights and Resp. HR Org. 83'490 4.07% 80'433 34'698 1.69% 33'428<br />

121 Poverty 0 0.00% 0 1'274 0.06% 1'227<br />

122 Migration 81'604 3.98% 78'617 28'045 1.37% 27'018<br />

126 Liberty and Social Control 258'852 12.63% 249'376 223'843 10.92% 215'648<br />

129 Political Violence 0 0.00% 0 2'780 0.14% 2'678<br />

131 Corruption and HR 211'414 10.31% 203'674 170'042 8.29% 163'817<br />

132 Privacy and Technology 189'656 9.25% 182'713 25'929 1.26% 24'980<br />

134 Sexuality I 194'307 9.48% 187'193 63'849 3.11% 61'512<br />

135 Plural Legal Orders 169'513 8.27% 163'308 144'892 7.07% 139'588<br />

136 Climate Change I 0 0.00% 0 774 0.04% 746<br />

137 Sexuality II 54'886 2.68% 52'877 40'790 1.99% 39'297<br />

138 Climate Change II 248'853 12.14% 239'743 164'789 8.04% 158'756<br />

139 New Project (unallocated) I 15'355 0.75% 14'793 0 0.00% 0<br />

140 New Project (unallocated) II 15'355 0.75% 14'793 0 0.00% 0<br />

301/302 External Publications 15'187 0.74% 14'631 5'587 0.27% 5'382<br />

300 Closed Projects 33'373 1.63% 32'151 27'993 1.37% 26'968<br />

202 Seminars and small meetings 47'209 2.30% 45'480 67'295 3.28% 64'831<br />

400 Partnerships 5'311 0.26% 5'116 13'826 0.67% 13'320<br />

500 IT & Website 10'331 0.50% 9'953 23'414 1.14% 22'557<br />

600 Translations outside project budget 7'045 0.34% 6'787 0 0.00% 0<br />

700 Communications 16'598 0.81% 15'991 2'230 0.11% 2'148<br />

101-NL Newsletter 2'048 0.10% 1'973 0 0.00% 0<br />

000 Miscellaneous and Contingency 20'000 0.98% 19'268 0 0.00% 0<br />

TOTAL PROJECTS 1'857'890 90.63% 1'789'875 1'194'884 71.51% 1'151'141<br />

ADMINISTRATIVE COSTS<br />

Governance 95'670 4.67% 92'168 113'538 6.79% 109'382<br />

Staff Salaries (incl. Recruiting costs) 82'466 4.02% 79'447 166'017 9.94% 159'939<br />

Operating Expenditure 14'025 0.68% 13'512 196'527 11.76% 189'332<br />

TOTAL ADMINISTRATIVE EXPENDITURE 192'161 9.37% 185'126 476'082 28.49% 458'653<br />

TOTAL BUDGET <strong>2009</strong> 2'050'051 100.00% 1'975'001 1'670'966 100.00% 1'609'794<br />

Rate USD/CHF as at 31.12.<strong>2009</strong>: 1.03800<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Notes on the <strong>2009</strong> budget<br />

1. <strong>The</strong> International Council’s financial year runs from 1 January to 31 December. Its accounts are in Swiss<br />

Francs. <strong>The</strong> budget covers the period from 1 January to 3I December <strong>2009</strong>.<br />

2. <strong>The</strong> Secretariat has taken further steps to allocate costs to projects rationally. Though staff time has<br />

been allocated to projects for several years (using timesheets), some direct and indirect costs were not<br />

similarly attributed, though projects incur most of the expenditure. This year, a share of the running<br />

costs has been attributed to projects, based on staff time. (In broad terms, projects incur a share of<br />

costs that is proportionate to the amount of staff time spent on them.)<br />

3. In this budget, we have excluded these allocations in order to simplify the comparison between the<br />

budget and the actual. Indeed, when the budget is constructed, only a portion of running costs is<br />

allocated to projects in order to simplify our calculations. <strong>The</strong> allocations can be precisely made at the<br />

end of each year. <strong>The</strong> Profit and Loss by project shows all allocations made to each project and can be<br />

found in the annexes (Appendix V(b)).<br />

4. Costs allocated are the following: Overheads, which include the running costs (“Operating Expenditure”),<br />

as well as a portion of staff time spent on administration (“Staff Salaries”), including recruitment costs;<br />

“Governance”, which includes Board meetings, Council meetings and other governance related activities,<br />

such as reporting to Swiss authorities; “General Projects” (Project reference 101), which includes<br />

representation of the Council at meetings, and all other activities that benefit all projects but that cannot<br />

be specifically attributed to one project in particular; “Fundraising” (Project reference 101-FR);<br />

“Communications” (Project reference 700); and “IT & Website” (Project reference 500).<br />

5. <strong>The</strong> effect of the new arrangement has been to allocate more costs to the Council’s core activity, which<br />

is the delivery of research and research projects. We are currently testing this model and will be in a<br />

position to evaluate it at the end of 2010.<br />

6. <strong>The</strong> Council’s budget is divided into Projects and Administrative Expenses. <strong>The</strong> latter include<br />

governance, staff, and operating expenses (which includes financing costs).<br />

7. Projects include the costs of all project activities that take place during the year, including feasibility<br />

costs of new projects that started in <strong>2009</strong> or will start in 2010.<br />

8. General projects include research costs that cannot be attributed to individual projects, costs that are<br />

incurred before projects are designed, and the costs of projects that do not proceed to design.<br />

9. Governance expenses include all costs related to Council and Board meetings. <strong>The</strong>y include staff time<br />

spent on organising such meetings, including preparation of documents and notes, and the travel and<br />

other costs of Board and Council members. <strong>The</strong>y also include all governance related activities, such as<br />

reporting to State authorities.<br />

10. Operating expenses mainly include running costs (such as the rent, electricity, depreciation and<br />

amortisation of fixed and intangible assets), as well as financing expenditure (such as bank charges and<br />

interest). With the method used this year, these costs have also been allocated to projects.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Funders in 2008-<strong>2009</strong><br />

As shown in the table below (expressed in Swiss Francs), in 2008-<strong>2009</strong> the Council received core grants and multiyear<br />

project grants from the British Department for International Development, the Foreign Ministry of Finland, the<br />

German Ministry for Economic Cooperation and Development, the Netherlands Foreign Ministry, the Foreign<br />

Ministry of Norway, the Foreign Ministry of Spain, the Swiss Agency for Development and Cooperation, the Swiss<br />

Federal Department for Foreign Affairs, the Ford Foundation, Christian Aid, the Catholic Agency for Overseas<br />

Development, the Taiwan Foundation for Democracy, and the United Nations Development Programme.<br />

FUNDERS 2008-<strong>2009</strong><br />

<strong>2009</strong> 2008<br />

Original Currency CHF Original Currency CHF<br />

MINISTRY FOREIGN AFFAIRS, GERMANY (GTZ) EUR 25,000 37,693 EUR 40,000 53,829<br />

MINISTRY FOREIGN AFFAIRS, FINLAND EUR 62,047 92,375 EUR 37,953 56,505<br />

MINISTRY FOREIGN AFFAIRS, NETHERLANDS CHF 310,997 310,997 CHF 311,018 311,018<br />

MINISTRY FOREIGN AFFAIRS, NORWAY - - USD 73,996 78,147<br />

MINISTRY FOREIGN AFFAIRS, SWITZERLAND (DFAE) CHF 23,000 23,000 CHF 23,800 23,800<br />

MINISTRY FOREIGN AFFAIRS, SPAIN - - EUR 6,940 10,332<br />

DEPARTMENT FOR INTERNATIONAL DEVELOPMENT (DFID) GBP 350,000 604,905 GBP 284,748 599,991<br />

SWISS AGENCY FOR DEVELOPMENT AND COOPERATION (SDC) CHF 140,000 140,000 CHF 150,000 150,000<br />

CHRISTIAN AID GBP 20,000 30,572 - -<br />

CATHOLIC AGENCY FOR OVERSEAS DEVELOPMENT (CAFOD) GBP 4,000 6,613 GBP 4,000 7,974<br />

FORD FOUNDATION USD 299,995 347,124 USD 299,995 298,645<br />

TAIWAN FOUNDATION FOR DEMOCRACY USD 7,000 7,258 - -<br />

UNITED NATIONS DEVELOPMENT PROGRAMME (UNDP) USD 20,000 21,629 - -<br />

TOTAL IN CHF 1,622,166 1,590,241<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

APPENDICES<br />

34


International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Appendix I<br />

THE<br />

INTERNATIONAL<br />

COUNCIL<br />

OUNCIL'S S MISSION STATEMENT<br />

<strong>The</strong> Council was created in 1998 to undertake practical (applied) research on dilemmas and problems<br />

which face organisations working in the field of human rights. Its mission and objectives were set out by<br />

the first Board in 1996:<br />

MISSION STATEMENT<br />

<strong>The</strong> International Council on Human Rights Policy will provide a forum for applied<br />

research, reflection and forward thinking on matters of international human rights<br />

policy. In a complex world in which interests and priorities compete across the globe,<br />

the Council will identify issues that impede efforts to protect and promote human<br />

rights and propose approaches and strategies that will advance that purpose.<br />

<strong>The</strong> Council will stimulate co-operation and exchange across the non-governmental,<br />

governmental and intergovernmental sectors, and strive to mediate between<br />

competing perspectives. It will bring together human rights practitioners, scholars<br />

and policy-makers, along with those from related disciplines and fields whose<br />

knowledge and analysis can inform discussion of human rights policy.<br />

It will produce research reports and briefing papers with policy recommendations.<br />

<strong>The</strong>se will be brought to the attention of policy-makers, within international and<br />

regional organisations, in governments and intergovernmental agencies and in<br />

voluntary organisations of all kinds.<br />

In all its efforts, the Council will be global in perspective, inclusive and participatory in<br />

agenda-setting and collaborative in method.<br />

<strong>The</strong> Council is registered as a Foundation under Swiss law.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Appendix II<br />

MEMBERS OF THE<br />

INTERNATIONAL<br />

COUNCIL<br />

At 31 December <strong>2009</strong><br />

Fouad Abdelmoumni (Morocco) Executive Director of Al Amana; Chair, SANABEL network of<br />

microfinance institutions.<br />

Lydia Alpízar Durán (Costa Rica)<br />

Executive Director, AWID, Mexico.<br />

Fateh Azzam (Palestine)<br />

Regional Representative of the United Nations High Commissioner for<br />

Human Rights, Beirut.<br />

Maggie Beirne (United Kingdom)<br />

Independent consultant; former Director of the Committee on the<br />

Administration of Justice, Northern Ireland.<br />

Akila Belembaogo (Burkina Faso)<br />

Lawyer; Deputy Regional Director of the Office for the Middle East and<br />

North Africa, UNICEF.<br />

Tapan Kumar Bose (India)<br />

Filmmaker; Secretary General, South Asia Forum for Human Rights.<br />

Cynthia Brown (United States)<br />

Independent consultant.<br />

Roberta Clarke (Trinidad & Tobago) Regional Programme Director, Caribbean Regional Office, UN<br />

Development Fund for Women.<br />

Lyse Doucet (Canada)<br />

Presenter and correspondent for BBC World Television and BBC World<br />

Service Radio.<br />

Tiebile Dramé (Mali)<br />

Former Foreign Minister of the transitional government of Mali.<br />

Imrana Jalal (Fiji)<br />

Lawyer; Human Rights Adviser, Regional Rights Resources Team.<br />

Hina Jilani (Pakistan)<br />

Advocate, Supreme Court of Pakistan; Special Representative of the<br />

Secretary General on Human Rights Defenders.<br />

Konstantin Korkelia (Georgia)<br />

Ambassador of Georgia to Lituania.<br />

Ian Martin (United Kingdom)<br />

Personal Representative of the United Nations Secretary-General in<br />

Nepal for Support to the Peace Process.<br />

Juan E. Mendez (Argentina)<br />

President, International Center for Transitional Justice.<br />

Jessica Montell (Israel)<br />

Director, B’tselem, Israeli Information Centre for Human Rights in the<br />

Occupied Territories.<br />

Chidi Anselm Odinkalu (Nigeria)<br />

Senior Legal Officer, Africa programme, Open Society Justice Initiative.<br />

Devendra Raj Panday (Nepal)<br />

Former Finance Secretary and Finance Minister; President, Transparency<br />

International Nepal.<br />

Jelena Pejic (Serbia)<br />

Legal Adviser, International Committee of the Red Cross.<br />

Emma Playfair (United Kingdom)<br />

Former Ford representative; former Director of Interrights, London.<br />

Usha Ramanathan (India)<br />

Human rights lawyer; independent consultant.<br />

Roger Raupp Rios (Brazil)<br />

Federal Judge, District Court of Porto Alegre; Professor of Law, Federal<br />

University of Rio Grande do Sul.<br />

Anthony Romero (United States)<br />

Executive Director, American Civil Liberties Union.<br />

Marco Sassoli (Switzerland)<br />

Professor of law, University of Geneva.<br />

Wilder Tayler (Uruguay) Deputy Director, International Commission of Jurists, Geneva,<br />

Switzerland.<br />

Taswell Papier stood down from the Council in mid-<strong>2009</strong> for professional reasons. Akila Belembaogo, Tapan Kumar<br />

Bose, Tiebile Dramé, Konstantin Korkelia, Ian Martin, Jessica Montell, and Anthony Romero will stand down during<br />

2010 at the end of their six year terms. <strong>The</strong> Council’s Executive Board is currently inviting a number of individuals<br />

to join the Council as new members in 2010.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Appendix III<br />

MEMBERS OF THE INTERNATIONAL<br />

COUNCIL<br />

OUNCIL’S EXECUTIVE<br />

BOARD<br />

At 31 December <strong>2009</strong><br />

Hina Jilani<br />

Fateh Azzam<br />

Maggie Beirne<br />

Imrana Jalal<br />

Emma Playfair<br />

Marco Sassoli<br />

Wilder Tayler<br />

Chair<br />

Imrana Jalal will stand down from the Board in 2010. Chidi Odinkalu will join the Board in the course of<br />

2010. <strong>The</strong> Board is likely to make one or two additional Board appointments in the course of the year.<br />

Appendix IV(a)<br />

STA<br />

TAFF OF THE SECRETARIAT<br />

At 31 December <strong>2009</strong><br />

Robert Archer<br />

Executive Director<br />

Vijay Kumar Nagaraj<br />

Magdalena Sepúlveda Carmona<br />

Research Director<br />

Research Director<br />

Fairouz El Tom<br />

Axelle Devun<br />

Outreach and Publications Coordinator<br />

IT and Communications Officer<br />

Sabrina Lambat<br />

Accountant<br />

Annabelle Ranasinghe<br />

Administrative Assistant (part time)<br />

Scott Jerbi<br />

Co-ordinator, <strong>The</strong> Ethical Globalization Initiative<br />

Stephen Humphreys left the <strong>ICHRP</strong> in September <strong>2009</strong> to become a lecturer at the London<br />

School of Economics and Political Science (LSE).<br />

Robert Archer will stand down as Executive Director in May 2010. He will be succeeded by Mr<br />

Maina Kiai, who will take up the post from July 2010.<br />

Interns in <strong>2009</strong>:<br />

Steve Ako Tango<br />

James Douglas<br />

Liz Morrissey<br />

Carly Nyst<br />

Angela Onikepe<br />

Tom Sanderson<br />

Other:<br />

Alison Graham, Consultant<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Staff: short biographies and contact information<br />

Appendix IV(b)<br />

Executive Director<br />

Mr Robert Archer archer@ichrp.org Phone: +41 (0) 22 775 33 08<br />

Before he became the Executive Director of the International Council in 1997, Robert Archer was Senior Policy<br />

Adviser for Christian Aid (London), where he set up the Policy Programme and worked on aid policy, governance<br />

and development issues in sub-Saharan Africa (Burundi, Kenya, Lesotho, Somalia, Sudan, DRC). Between 1981 and<br />

1991, at the Catholic Institute for International Relations (London) he set up a policy and advocacy programme on<br />

East and South East Asia (on political reform, human rights and labour issues in the Philippines, East Timor, Hong<br />

Kong and South Korea). He worked for two years for the publisher and bookshop l’Harmattan in Paris, and also<br />

taught English for two years at the University of Madagascar.<br />

Research Director<br />

Mr Vijay Kumar Nagaraj nagaraj@ichrp.org Phone: +41 (0) 22 775 33 02<br />

Prior to joining the Council Vijay Nagaraj was an Assistant Professor at the Tata Institute of Social Sciences in<br />

Mumbai, India. Concurrently he taught and was a consultant at the National Law School of India University. Between<br />

2000 and 2003, he re-established Amnesty International’s section in India, as its Director. Vijay has also been a<br />

consultant to the World Commission on Dams 1999-2000 and worked with the Board of Oxfam, India 1998-1999.<br />

In 1994-1995 and 1996-1998 he worked with Mazdoor Kisan Shakthi Sangathan (MKSS), a social movement<br />

organisation working with the rural poor in Rajasthan.<br />

Research Director<br />

Ms Magdalena Sepúlveda Carmona Sepúlveda@ichrp.org Phone: +41 (0) 22 775 33 07<br />

Magdalena Sepúlveda Carmona, a Chilean lawyer, is concurrently the UN Independent Expert on Extreme Poverty<br />

and human rights. Before joining the <strong>ICHRP</strong>, she was Co-Director of the Department of International Law and<br />

Human Rights of the United Nations-affiliated University for Peace in Costa Rica. She has also worked as a<br />

researcher at the Netherlands Institute for Human Rights, staff attorney at the Inter-American Court of Human<br />

Rights, consultant to the Department of International Protection of UNHCR, and for the Norwegian Refugee Council<br />

in Colombia. She holds a Ph.D in international law from Utrecht University in the Netherlands and an LL.M in human<br />

rights law from University of Essex, UK.<br />

Accountant<br />

Ms Sabrina Lambat lambat@ichrp.org Phone: +41 (0) 22 775 33 09<br />

Sabrina Lambat's has been the <strong>ICHRP</strong>’s Accountant since 2008. Her previous work experience was mainly<br />

administrative and customer-oriented in governmental, telecommunications, brokerage and insurance<br />

organisations, as well as industrial, construction and mining companies. She has a Masters degree in International<br />

Studies from the IUHEI, University of Geneva, and a Diploma of Advanced Studies (DEA) in Development Studies<br />

from the IUED, University of Geneva.<br />

Outreach and Publications Co-ordinator<br />

Ms Fairouz El Tom eltom@ichrp.org Phone: +41 (0) 22 775 33 05<br />

Before joining the Council Fairouz El Tom was an Education Observation Officer with UNICEF in Iraq. Prior to that,<br />

she was a Consultant at the Hague Appeal for Peace in New York. Fairouz also worked as Programme Assistant at<br />

Family Care International, New York. She has a Master's degree in international educational development from<br />

Columbia University, New York.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

IT and Communications Officer<br />

Ms Axelle Devun devun@ichrp.org Phone: +41 (0) 22 775 33 21<br />

Before joining the Council, Axelle Devun worked in Communication and Promotion at the International Federation<br />

of Red Cross and Red Crescent Societies, on web edition and marketing. Earlier, she worked for the Sphere Project,<br />

promoting materials and training. She has developed activities, organized events, and created and produced<br />

communications tools in a think tank, a web agency, and a biotechnology Research & Development company. She<br />

graduated in Marketing and Management from the IDRAC Business School, Lyon, and has a Master's degree in<br />

Media and Communication from Paul Cézanne University, Aix en Provence.<br />

Administrative Assistant<br />

Ms Annabelle Ranasinghe ranasinghe@ichrp.org Phone: +41 (0) 22 775 33 04<br />

Prior to joining the Council Annabelle Ranasinghe had a long career in the airline industry as a Personal<br />

Assistant/Secretary and has many years of experience dealing with various secretarial duties and conference<br />

assistance in Geneva and world-wide. She has worked for various international organisations in Geneva. Annabelle<br />

was educated in Sri Lanka and is bilingual in English and French.<br />

Senior Adviser, Realizing Rights - <strong>The</strong> Ethical Globalization Initiative<br />

Mr Scott Jerbi scott.jerbi@eginitiative.org Phone: +41 (0) 22 755 21 25<br />

Scott Jerbi has been attached to the Council's Secretariat since September 2002. He is Senior Adviser to Realizing<br />

Rights: the Ethical Globalization Initiative (EGI), led by Mary Robinson, to whom he reports. He worked previously in<br />

the Office of the United Nations High Commissioner for Human Rights (OHCHR), where he was a speechwriter and<br />

the focal point for the development of OHCHR's policies and activities relating to the private sector. Before joining<br />

the United Nations, Scott worked with the Amherst Wilder Foundation, a non-profit health and human services<br />

organization serving low-income individuals and families in the central neighbourhoods and communities of Saint<br />

Paul, Minnesota.<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Appendix V(a)<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

Appendix V(b)<br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

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International Council on Human Rights Policy - Narrative Report <strong>2009</strong><br />

48

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