Human Rights Monitoring, FactFinding and Documentation

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Human Rights Monitoring, Fact-Finding and
Documentation
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MONITORING, FACT-FINDING DOCUMENTATION

• MONITORING -- the close observation of a
  situation or individual case carried out so as to
  determine what further action needs to be taken.
• FACT-FINDING -- identifying the violations in one
  event, and establishing the facts relevant to
  these violations. Fact-finding and investigation
  are terms that are used interchangeably.
• DOCUMENTATION -- the systematic recording of the
  results of the investigation of an event
• Monitoring usually involves the investigation and
  documentation of a large number of events

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The information system
1. INPUT Collecting data
2. PROCESSING Organising data
3. OUTPUT Using data
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Monitoring

• The close observation of a situation or
  individual case
• Carried out to determine what further action is
  needed

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Elements of Monitoring

• Carried out over an extended period of time
• Involves collecting or receiving a large quantity
  of data
• Requires constant or periodic investigation and
  documentation of developments
• Uses standards or norms to assess the situation
• Results in a report, which provides a basis for
  further action

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Example of a Norm

• RIGHT Right to Life
• INTERNATIONAL STANDARD No one shall be
  arbitrarily deprived of his life. (Article 6 (1)
  of the International Covenant on Civil and
  Political Rights)

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Monitoring Gaps

• Monitoring for gaps at two levels
• Between universally accepted standards and
  domestic (national) legislation
• Between domestic standards and how they are
  applied in reality

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Types of Monitoring

• SITUATION MONITORING monitors
• Human Rights Violations
• Legislation
• Laws and Policies
• Human Rights Institutions (establishment and
  progress)
• CASE MONITORING monitors
• An individual clients legal case proceedings
• Relief and rehabilitation services provided to a
  client
• Other forms of intervention in the case

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

• RIGHTS COVERED
• Broad ex. A report on the performance of a
  government regarding civil and political rights
• Narrow ex. A report on disappearances in one
  country
• TARGET GROUPS
• Broad ex. Monitoring the entire population of a
  country
• Narrow ex. Focusing on specific sectors, such
  as
• children, ethnic minorities, workers,
  prisoners, etc.
• GEOGRAPHICAL SCOPE
• Country-wide is the most common, but a different
  focus includes
• Broad ex. Large regional areas, such as Eastern
  Africa
• Narrow ex. Smaller regional areas, such as a
  depressed locality

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Why Monitor?

• REACTIVE RESPONSES
• Pinpoint defects in a situation or case and
  indicate remedies
• (Most common general purpose)
• Decide whether steps towards improvement are
  working
• EARLY WARNING
• Present an assessment of a situation to cite the
  likelihood of conflict well in advance so that
  mechanisms of intervention may be established

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Monitoring Purposes(Including, but not Limited
to)

• ASSISTING governments in applying international
  standards
• PRESSURING governments to adopt and implement
  these standards through such actions as publicity
  campaigns
• UNDERTAKING domestic legal action (i.e. take
  cases to court)
• ENHANCING public awareness through actions like
  publicity campaigns
• AIDING victims
• PROVIDING early warning in potential conflict
  areas

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Primary Monitoring Methodologies

• Indicators-Based Methodology
• Acts-Based Methodology
• (Events Methodology)

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Indicators-Based Methodology

• An INDICATOR demonstrates where something is,
  what direction it is headed, and how far it is
  from the objective. May be
• Result (Ex. mortality rate)
• Process (Ex. Proportion of children immunized
  against childhood diseases)
• A BENCHMARK refers to the level to be met when
  using a certain indicator
• (Ex. 90 of all children under 5 years immunized
  )

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Events-Based MethodologyA single case of
killing is one too many.

• Has been used by human rights groups and NGOs for
  decades for visible types of violations, such as
  
• killings, abductions, torture, and detention
• Involves investigating events and determining
  which acts within the event may be or lead up to
  violations. These include acts of
• Commission (ex. beating a detainee executing a
  labour leader)
• Omission (ex. failing to protect a labour
  leader from being killed)

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Events Methodologys Main Problems

• Monitoring body may miss some events due to
  (amongst other reasons)
• Lack of local contacts
• Private matter (thus unreported)
• Inability to investigate and document all events
  a monitoring body learns about due to (for
  example)
• An ongoing military operation
• Unwillingness of actors to be interviewed

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What are human rights violations?

• The failure of the state to meet three kinds of
  obligations
• Respect
• Protect
• Fulfil

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Obligation to Respect

• To abstain from doing anything that violates the
  integrity of an individual, or group, or
  infringes on their freedom.
• This may include such acts as
• Extra-judicial killing (violates the obligation
  to respect an individuals right to life)
• Arbitrary arrest (violates the obligation to
  respect an individuals right to liberty)
• Banning a trade union (violates the obligation to
  respect a groups right to freedom of
  association)
• Restricting the practice of a specific religion
  (violates the obligation to respect an
  individuals freedom of religion)

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Obligation to Protect

• To take the necessary measures necessary to
  prevent others from violating the rights of an
  individual or group. This may include acts of
  omission, such as
• Failure to acts when a specific group, such as an
  ethnic group, attacks another
• Failure to compel companies to pay decent wages

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Obligation to Fulfil

• To ensure opportunities for each person to obtain
  satisfaction of needs recognized by human rights
  instruments that cannot be secured through
  personal efforts alone. These include acts of
  omission, such as
• Failure to adopt a basic health care system
• Failure to implement a free education system at
  the primary level

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Basic Elements of a Human Rights Violation Case
PERPETRATOR
ACT
VICTIM
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An event may consist of
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Names of Types of Acts

• Universally accepted names of violations include
• Extra-judicial execution
• Disappearance
• Torture
• Displacement
• Others may be categorized according to the rights
  they violate, such as
• Restriction of the right to movement
• Denial of the right to bail

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Varying Durations of Events

• Instantaneous (ex. killing)
• Endure for some time (ex. torture)
• Take years from start to end (ex. the case of
  an accused person)
• This demonstrates the need for follow-up
  documentation.

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Rights of Arrested/Accused

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

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Who is a victim?
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Perpetrator Characteristics

• May be an individual or a group
• May have varying levels of involvement, such as
• Directly carried out the act
• Gave orders that lead to the act
• Was present but did not participate in the act