CHAPTER 7- THE HUMAN RIGHTS AND HUMANITARIAN PROFESSIONAL

The Professionalization of the Human Rights and Humanitarianism  The professionalization of the human rights and humanitarian work is evidenced by proliferation of handbooks, codes, and guidelines issued by states, IGO, and NGOs.  International human rights and humanitarian law contributes to the “professionalization” of the human rights and humanitarian worker because it provides common standard that diverse organizations and individuals can reference.  The 2008 Statement of Ethical Principles for Human Rights Professionals includes eighteen ethical guidelines and principles to ensure that professionals “undertake their work with truthfulness, humility, and compassion.

Field Diplomacy: The Art of Negotiation  Negotiation is an essential aspect of human rights and humanitarian diplomacy.  This includes negotiating access since human rights and humanitarian organizations almost always need state consent in order to enter and establish themselves within a state’s territory.  Mancini-Giffoli and Picot identify several key phases to successful humanitarian negotiations:  The “analysis” phase involves defining humanitarian objectives, identifying the right negotiating counterparts, and determining the forms of leverage available. Human rights and humanitarian professionals have several different kind of leverage: quiet advocacy (persuasion); loud advocacy (denunciation); material assistance (substitute); professional expertise (support); and allies (mobilizing those who can exert influence).

Field Diplomacy: The Art of Negotiation cont’d.  The second phase centers on developing a negotiating “strategy.”  This includes selecting the negotiating team, defining the starting point, and choosing tactics.  The third phase is the actual “face-to-face” negotiations.  The team must build rapport with their counterparts, manage cultural differences, and pay particularly close attention to language.

The Human Rights Officer  Direct, routine human rights diplomacy is often conducted by human rights officers.  The human rights officer usually is employed either by governments or by IGOs and maybe an intern or volunteer.  The monitoring and reporting role of human rights and humanitarian officers complements multilevel diplomacy occurring because it provides negotiators with the necessary information to form strategy and make good decisions.

Lawyers  Lawyers specializing in international human rights and humanitarian law provide the legal expertise that helps states, IGOs, and NGOs create, implement, and enforce international human rights and humanitarian law.  International human rights and humanitarian lawyers  Serve in government and IGO agencies advising public officials and creating policy.  They represent their organizations in legal proceedings and advance missions.  Within IGOs, international human rights and humanitarian lawyers advise and serve as IGO officials.

Lawyers cont’d.  Within the UN system, lawyers also comprise the International Law Commission (ILC) which is responsible for the progressive development of international law.  The ILC is made up of 34 legal experts nominated by member states who produce treaty drafts and legal research on substantive questions related to international law.  Known as cause lawyers, these politically motivated lawyers formulate and advance social and political causes.

Detention Monitors  Detention monitors (or delegates) are specialized professionals who perform the unenviable task of protecting individuals who are being detained or incarcerated against their will.  Another category includes migrants, asylum-seekers, and those fleeing natural disaster or civil unrest as they are often subject to detention.  Persons who are detained as a result of armed conflict (prisoners of war and interned civilians) comprise one category and are monitored by the ICRC, as well as other international and national entities.  The ICRC has the most institutionalized presence relating to detention visits because this ICRC role is prescribed by the Geneva Conventions.  In 2012, the ICRC visited 540,000 detainees in 97 countries.

The Diplomatic Role of other Professionals  Human rights and humanitarian principles are also pursued by other kinds of professionals such as artists, journalists, and academics and their work has an indirect impact on diplomacy at all levels.  Acting independently or as member of an NGO (e.g. Artists for Human Rights, Journalists for Human Rights, Lawyers for Human Rights, Scholars at Risk) other professionals can shape the diplomatic discourse by presenting, dramatizing, depicting, and advancing human rights issues or humanitarian situations within their professions.

Discussion Questions  What is field diplomacy and who is involved in its conduct?  What steps have been taken to define “the professional” in terms of operational guidelines and ethical codes of conduct?  Compare and contrast the roles of the field officer and lawyer in protecting and promoting international human rights and humanitarian principles?  Describe different kinds of detainees and the challenges detentions monitors face in protecting the human rights of detainees.