Monday, December 17, 2007

2101 course...

3 main topics of the course:

first:
development theories: theorizing development, liberal and modernisation theory,socialist model and (new)dependency theories, state vs market in development, human insecurity, conflict and development ( Loux, Hout, Salih, Grimm, Pronk)

second:
new foci of development: democracy and participation, culture and development, human development, and environment and sustainable development ( Biekart, Shehada, Box, Opschoor)

third:
recent issues of development:
the practive of development, and policy making for development; urban poverty.

EXPLORATION

DEFENITION OF DEVELOPMENT
Robert Chambers: Good Change
modernization theory: growth economic; and political-social modernization
Dependency: acumulation of the center, and exploitation of the pheripheri, unequal relation because of the structural and historical patterns.
Human development: enlarging capacity and choices to reach freedom; agency analysis
Post development: authoritarian engineering; disaster for third world, hoax by USA
Tim allen: immanent process, historically and contextuality of development

democracy and participation
...........

Sunday, December 16, 2007

revolution in human rights law ( IGNATIEF)

1. JURIDICIAL REVOLUTION; from state parties to involvement of individual as subject of international human rights law. NON DISCRIMINATION, PUBLIC SHAMING.

2. ADVOCACY REVOLUTION, reinforcing UN role thru: rapporteurs, human rights council, etc and the new role of NGO: HRW, AMnesty International,and local NGOs...

3. Enforcement revolution: enforcement by establishing rapporteurs, regular report of state parties, ability to punish individual violators, and political powers of UN..etc

UN and its problem...

strenghts:
1. has a strong mandate from all nations.
2. promoting a just world/human rights all over the world..
3. Media/space for nations to araise international affairs
4. source, guidance of deriving values...

weaknesses:
1. too political: and make human rights as forefront ( alat)
2. lack of resources
3. lack of money ( 1,9 billion per year)
4. complex beureucracy and structure.......
5. domination of US.

International Human rights Law: SOURCES

Main sources of IHRL are: charter (UN Charter),treaties, traditional international law (customs), national yurisprudencies, and international judicial decisions ( ICJ, ICTY..)

traditional international law( customs)are state pratices and opinio juris, idea of experties about the international law. Threaties are such as ICCPR, ICESCR, CEDAW, etc. yurisprudency, related to international affairs.

subject of IHRL: mainly; State, the others are: groups/minorities, MNCs, international organizations, and individuals.

enforcement mechanisms are such as rapporteurs, international courts, and also report mechanism for individual or state using certain protocols.

International Human rights Law: history

Historical evolution of human rights.

Magna charta libertatum ( great charter of freedom), 1215, a charter to limit the power of king of England, codifying rights and freedom, addressed as a fundamental historical of the human rights, far away before UN set up in 1945.

Then, general assembly of UN adopted Universal Declaration of Human rights (UDHR) on December 10, 1948, then celebrated as human rights day. The raising of human rights debate came after the nations all over the world considered the massive victims of the first and second world war ended 1945.

In 1945, the world war won by US and Europe and punished Germany and Japan, as war crimes. Nurenberg trial held by world war winner was very famous as a part of beginning the road map in building the new form of global relation binded by United Nation. the traumatic experiences of the war made most nations in the world agreed to build new understanding to respect the humanity, universal declaration of human rights.

Post world war, the world faced a new form of war, cold war, ideological war between US and USRR, at the same time UDHR was interpreted to what was called bill of rights: ICCPR ( Politic and civil rights) and ICESCR ( economic, Social, cultural rights). the cold war ended in the early of 90s brougt the new notion of human rights form not to separate ICCPR and ICESCR.

the proliferation of human rights discourse on international level was started. there are many conventions, protocols, and other treaties efforted by UN.
moreover, there were many regional human rights systems built as apart of the international willing to think about the positive progress of human rights, e.g. European charter on Human rights,ECHR, African charter on human and people rights, ACHPR, Intern American charter on Human rights, IACHR, and arab league.

how does govt address urban poverty?

HOW DOES GOVERNMENT ADDRESS URBAN POVERTY ?
Whether the current policies for urban poverty implemented in your country can reduce the number of urban poverty?

urban poverty is one of the biggest problem of modernity.
1. the orientation of development to the city than to the rural area
2. Govt usually just resettle the slum area but govt doesnt think about their live.
3. urban area is such a dream for every people to live.
4. land reform for the people.

proposal:
1. changing the orientation of development not only to the city, but also to the rural area
2. microcredit to the poor in the slum area.
3. build process production in rural area.
4. build education, water, energy, facility in rural area

wuih...drowsy...

saurlin.....

New Foci of Development theories

Some notions brought by theorists are the new foci of development, thought that it can be stuck by the debates of old style of development. The new one seems brought narrower and more practical, and in many aspects, it can not be addressed to the old debate of development.

first, environmental sustainability. Environmental obviously is the victim of development for the most of the time. Notion to the enviromental comes after realizing that development has been too far away devastated and destroyed in the name of development.Moreover, in the long term, destroying the enviromental is also step back of development project it self. To pay the enviromental devastating realizing more expensive than the money paid for the development. uncontrolled carbon emision by industrial development causing global climate change and higher temperature of the earth. United Nation has paid attention to the issue and organizing UN meeting under UNFCCC ( UN Forum on Climate Change Conference). the latest meeting after the Kyoto meeting (1997)has been done at Bali,december 2007 aiming Bali Road Map, such as an agreement of nations to reduce the carbon emision.

second, Human Development. The idea built by Amartya Sen, a nobel prize winner in economic,1998, which sees Development as enlarging choices and capacity of human. the more human gets choice, the more he/she developed. The theory practizing by Mahbub Ul Haq, an economist from Pakistan working in UNDP, by leading researches called Human Development Index, since 1990. The Human development concept also comprehenced by Martha Nussbaum, particularly in involving gender analysis to the concept. Some of indicators of the human development are longevity, healty, education, and gender index, and of course, involved economic growth inside/percapita. Sen claimed that human development is not apart of the old debates about development paradigm, such as sosialism, liberalism, and third way by Anthony Giddens.

Third, Democracy and participation. Democracy in the third world, related by World bank to the concept of Good governance requiring: good management of government, transparency and information, accountbility, and legal frame work of development/law enforcement.

saurlin
for 2101 course, dec 2007

Third

Saturday, December 15, 2007

Development theories

"Development" is a terminoligy used in either multi-faces defenition. Traditional defenition given by Robert Chambers, defining develompent as "good change". In fact, development has shown other faces, even contrary to the good change tht mentioned by Robert Chambers. We can see some defenition related to perspectives theoretically or school of thoughts.

Modernization school of thought defines that development is economic growth, and social and political modernization. J.J. Rostow gives contribution by mentioning the five stage of growth, in his book, the stage of growth, a non communist manifesto. from the traditional society, precondition to take off, take off, dirve to maturity, and the high mass consumtion society

Structulalist/dependency school of thought defines that development is enrich the center (developed countries) and makes pheripery or developing countries poorer. Andre Gunder Frank, one of the leading thinkers of dependency theory, wrote development as underdevelopment, the inequality of the center and pheripery because of many factor: unjust structure and colonial history of the developing countries.
He propose another form which is called as national autonomy in the international/ global relation.

Human Development school of thought defines development as enlarging capasities of human to aim choices, development is a freedoms and choices. the more you have choice, the more you develop. they argued that the problem of the poverty is not because of lack of food, but deprivation of everyone to access the food. Amartya Sen, said that the earth gives enough human needs, but the problem is about the inequal distribution of the needs to every people

Post development school of thought, said that development as a hoax, made by developed countries particularly US. Development is done just for enlarging the hegemony of US. Development is disaster to the thrid world countries.

I think, development can be what every expert said above. every school of thought has an angle to see the development, such as institution and structure angle, actors or agency angle, international and politic angle. The views have weaknesses and strenghts. But, like Tim Allen said, Development is the reality, not just a discourse. Development is the real situation in every place, related to the context, and history of each society. Develompent is a progress that has immanent process in it self, where the structure, actors, social, and politic playing.

for 2101!!!

Monday, December 03, 2007

Comments of NJCM to the II CRC Report of NL

Comments of the NJCM to the Report II of CRC
Draft report presented by NJCM and JWS, NGOs working for human rights issues in Netherlands. Below is the highlight comments of NJCM and JWS to the II report of Netherlands Government about the implementation of CRC ( Convention on the Rights of Child) in Netherlands. Those comments contain analysis, concerns, and some questions by NJCM . I am just highlights some of the most important of the comments.
Introduction And Remarks
1. Some developments in Dutch legislation which are very relevant for the implementation of CRC aren not mentioned in the Government report.
2. The report did not contain analysis of difficulties factors as stipulated in article 44:2 CRC.
3. The Committee’s general comments have not been translated to Dutch, so the dissemination becomes more difficult.
4. Need s special independent ombudsman Institution for the Children in Netherlands for monitoring the full implementation of the convention.
Developments of Rights of Child in the light of CRC in Netherlands:
I. Civil Rights and freedom (article 7 CRC)
5. Netherlands should give children a preferential treatment with regard to acquiring Dutch nationality by Law
6. No information in the report about the simplification of the condition for the easy acquisition of Dutch nationality by stateless children born in the Netherlands.
7. Regarding to Female Genital Mutilation ( FGM) there is no information about education or program developed by Government. (FGM is illegal by the law of Netherlands)
II. Family environmental and Alternative Care: (Family reunification, art. 10, and standard of living, art 27,)
8. Difficulties in family reunification, denying the family reunification conflict with article 10 CRC, and article 8, European Convention on HR.
9. Children and her/his parents should be helped with standard of living without considering the status (legal or illegal)
10. NJCM concerns about several categories of aliens are excluded from facilities in the Netherlands, and Dutch policy does not take into account that these categories include children. Even people who still have a procedure running are excluded from facilities and have to live in the streets with their children.
III. Basic health and welfare (Parental responsibilities, art. 18)
11. Government has substantially reduced the subsidy for the reporductive health care centres where reproductive information and services are provided. As the result, most of the centres were forced to close down. In the other side, the report mention about the prevention of STDs ( Sexual Transmitted Deseases: such HIV) and and abortions.
IV. Special protection measures (Refugee children, art. 22,39, and unaccompanied minors, art. 3, 27, 22, 31, 39)
12. Dutch govt. reported that wanted to reduce the number of unaccompanied minors that come to Netherlands by returning them. NJCM concerns that it is not the best interests of the child.
13. The NJCM is concerned about the condition in the campus ( for aliens) and the impact this situation has on the children involved.
14. Children whose parents apply for asylum at Schippol are detained during procedure in the Application center and after a rejection of their asylum request. NJCM questions the consistency of this detention with the CRC and wonders whether the Minister is not under an obligation to use alternatives to detention in the case of children.

Sunday, December 02, 2007

Comments of the NJCM to the Report II of CRC

Draft report presented by NJCM and JWS, NGOs working for human rights issues in Netherlands. Below is the highlight comments of NJCM and JWS to the II report of Netherlands Government about the implementation of CRC ( Convention on the Rights of Child)

1. Some developments in Dutch legislation which are very relevant for the implementation of CRC aren not mentioned in the Government report.

2. The report did not contain analysis of difficulties factors as stipulated in article 44:2 CRC.

3. The Committe's general comments have not been translated to Dutch, so the dissemination becomes more difficult.

4. Need s special independent ombudsman Institution for the Children in Netherlands for monitoring the full implementation of the convention.

5. Netherlands should give children a preferential treatment with regard to acquiring Dutch nationality by Law

6. No information in the report about the simplification of the condition for the easy acquisition of Dutch nationality by stateless children born in the Netherlands.

7. Regarding to Female Genital Mutilation ( FGM) there is no information about education or program developed by Government.

8. Difficulties in family reunification, denying the family reunification conflict with article 10 CRC, and article 8, European Convention on HR.

9. Children and her/his parents should be helped with standard of living without considering the status ( legal or illegal)

to be continued...