20 Twenty Years of Economic and Social Rights Advocacy Marking the twin anniversaries of CESR and the Vienna Declaration and Program of Action 20 Cover photos courtesy of (clockwise from top left) Lorena Pajares, Stephen Long, Brett Casper, Gigi Ibrahim, Victor Villanueva. Twenty Years of Economic and Social Rights Advocacy Marking the twin anniversaries of the Center for Economic and Social Rights and the Vienna Declaration and Program of Action 20 Table of Contents FOREWORD 05 Mary Robinson INTRODUCTION 07 Ignacio Saiz Twenty years on the vanguard of economic and 09 social rights Chris Jochnick CESR and Vienna at 20: taking stock 12 Alicia Ely Yamin Human rights in the 21st century 15 global economy Nicholas Lusiani and Kate Donald Reclaiming globalization: four challenges for the 17 human rights movement Olivier de Schutter Economic policies for human rights in the 23 market economy Sakiko Fukuda-Parr Development without human rights is no 28 progress at all Jayati Ghosh Inequality as injustice – the evolution 33 of equality struggles since Vienna Kate Donald and Luke Holland Vienna’s legacy: feminism and human rights 36 Charlotte Bunch A shared world: indigenous peoples and women 41 20 years after the Vienna Declaration Tarcila Rivera Zea Racial equality in the post-2015 era: can we 45 overcome history’s legacy? Gay McDougall Towards implementation: 49 monitoring and enforcement Allison Corkery and Gaby Oré Aguilar The road we’ve travelled, the road ahead 51 Philip Alston Keeping our promises: lessons from South Africa 56 Pregs Govender Access to (what kind of) justice? 62 Bruce Porter Operationalizing rights: legal empowerment as a tool 66 for poverty eradication Irene Khan 4 FOREWORD MARY ROBINSON I n keeping with the pioneering role it has played within the human rights movement for more than 20 years, the Center for Economic and Social Rights offers this timely and forward-looking reflection on the progress made in realizing economic and social rights since their reemergence on the human rights agenda two decades ago at the 1993 Vienna World Conference, and on the challenges that lie ahead. It comes at a pivotal moment. 2015 marks the culmination of two global processes of critical significance for economic and social rights: a new sustainable development framework applicable to all countries and a robust climate agreement Mary Robinson to keep global warming within acceptable limits. These are not separate issues; they are inextricably linked and, if we Mary Robinson is President of are to prove successful, it is absolutely crucial that the full the Mary Robinson Foundation range of human rights be taken as the normative standards – Climate Justice. She served as underpinning both. President of Ireland from 1990 to 1997 and UN High Commissioner As we look to an uncertain future, we must face up to some for Human Rights from 1997 to challenging realities. By 2050, nine billion people will be living 2002. Between March 2013 and in a world with more climate shocks and significantly depleted August 2014 she served as the resources. However, if we succeed in carrying the economic and UN Secretary General’s Special social rights agenda forward, adapted and revitalized to meet Envoy for the Great Lakes region the new and emerging challenges of our time, that world can of Africa. In August 2014 she was also be one characterized by social justice and respect for the appointed the United Nations Secretary-General’s Special inherent dignity of every human being, as well as respect for Envoy for Climate Change. planetary boundaries. This will only be achieved if governments are compelled to honor the spirit and substance of the Vienna Declaration with regard to the indivisibility and equal importance of all human rights, and if those working to defend economic and social rights are able to draw upon the lessons learnt over the last 20 years as they renew their struggle. I congratulate CESR on this publication, which is an invaluable contribution to these critical endeavors. 5 6 INTRODUCTION IGNACIO SAIZ More than twenty years have passed since the international community, gathered together in the Austrian capital Vienna, recognized the indivisibility, interdependence and equal status of all human rights, whether civil, political, economic, social or cultural. Putting an end to the outdated divisions of the Cold War, the 1993 Vienna Declaration confirmed the simple truth that freedom from fear and freedom from want go hand-in-hand, and it is futile to prioritize one over the other. The Center for Economic and Social Rights (CESR) came into being that same year to address the long-standing neglect Ignacio Saiz of these rights on the international agenda. Prompted by the twin twentieth anniversaries of the Vienna Declaration and Ignacio Saiz is Executive Director CESR’s founding, this new CESR publication, Twenty Years of the Center for Economic and of Economic and Social Rights Advocacy, takes stock of the Social Rights. He has formerly progress made in recognizing, defending and enforcing these served as Director of Policy at rights over the past two decades. It draws on a series of events the international secretariat of organized by CESR in 2013 and 2014 to reflect critically on Amnesty International (AI), and achievements and challenges in the economic and social rights as AI’s deputy director for the Americas. field. As highlighted by all the activists and practitioners who came together for these reflections, many of whose voices are gathered together in this publication, a great deal has been achieved since Vienna. Economic, social and cultural rights are now much more fully codified in international standards, better protected in national laws and constitutions, and more effectively safeguarded by national and international oversight bodies. They have been claimed by individuals and communities across the globe to challenge unjust policies affecting their rights to health, education and food, among others. The human rights movement has paid increased attention to economic, social and cultural rights, developing new tools, techniques and strategies to monitor and enforce them. 7 But the stark reality is that many millions of This publication analyses how the movement people continue to suffer daily deprivations for economic and social rights has evolved over that should be unconscionable in the 21st the past 20 years, what it has achieved and how century. Nearly 7 million children die before it can address the urgent challenges it faces as it the age of five each year, while 72 million, the looks to the future. It is not intended to provide majority of them girls, do not have access to an exhaustive account of developments in the primary education. Close to a billion people are field over the past two decades, but rather an undernourished, while similar numbers live in exploration of key trends and milestones, along precarious and insecure conditions in informal with lessons learned and opportunities ahead. settlements. Access to even minimum levels of Bringing together some of the leading economic water, sanitation, health care and housing remain and social rights advocates from across the globe, elusive for large parts of the human family. it provides a concise overview of the state of the field that we hope will be a useful resource not ‘The stark reality is that many only for the human rights community but for all millions of people continue to suffer those committed to the call of economic and daily deprivations that should be social justice. unconscionable in the 21st century’ The publication is divided into three sections, each with an introductory chapter accompanied by pertinent think pieces from leading figures The dogma of fiscal austerity imposed from the human rights, development and social worldwide in the wake of the global financial justice fields. and economic crises has represented a renewed assault on economic and social rights. As The first section, Human rights in the 21st CESR has shown, austerity policies in both century global economy, explores progress in developing and industrialized countries have applying human rights standards in the sphere of contributed to escalating levels of inequality economic and development policy. Human rights and wealth concentration, affecting the rights of norms have increasingly engaged with issues of marginalized communities disproportionately. corporate governance, fiscal and monetary policy, This recent trend has worked in a dysfunctional industrial policy, financial regulation and unpaid synergy with others, such as accelerating care work. A dynamic movement has emerged climate change and environmental degradation, to advance the applicability of human rights persistent corporate impunity and a pronounced norms in relation to the environment. However, lack of accountability in economic governance at the implementation of these evolving standards both the national and international levels. Despite has been piecemeal at best. Contrasting the the lessons of recent years, and the recognition triumphalist “spirit of the age” of 1993 with of economic and social rights on paper, many the uncertain realities of our current time, as governments still behave as if human rights were evidenced by increasing global disorder, the irrelevant to economic and social policy-making. reemergence of market fundamentalism, and the limits to economic growth posed by planetary CESR was born of the conviction that, in a boundaries, the chapter considers continuing world of unprecedented wealth, resources challenges to the operationalization of human and technological know-how, such chronic rights in the economic and ecological spheres. deprivation cannot be seen as “natural” or With a strong focus on the transformative “inevitable”, but is the result of unjust policies and impact of human rights-based approaches to abusive practices by governments, corporations development, Section 1 also details the ongoing and other powerful actors, for which they must campaign to ensure human rights are fully be held to account. CESR seeks to unleash incorporated into the post-2015 sustainable the transformative potential of human rights development framework. as a pathway to seek accountability for these injustices, and to mobilize for change. 8