#4. And Justice For All: Enforcing Human Rights For The World’s Poor, Gary Haugen And Victor Boutros (5.45min) dir international institutions and global governance min universal declar of HR min hum rgt viol

 the new mandate of the human-rights movement in the twenty-first century must be helping to construct effective justice systems in the developing world.  After WW II mod human rgts movement began- scholars and diplomats started to codify international stds on fundamental rgts. E.g. UDHR, civil & pol rgts, social & cultural rgts. Etc.  HR - Outlawed many practices of peoples’ bondage and control  Unrealized potential of HR movement- 60 yrs of developing HR, few of these gains reach the poor who need the public justice.

What are the Obstacles that the poor face in getting legal protection?  the most pervasive criminal presence for the global poor is frequently their own police force the state of the public justice system in the developing world is made worse by scarcity of lawyers in the LDCs: in Cambodia one for (22, 402) and in Zambia (25,667).- not trained – corruption & bribery (drop cases), - 100s of years to hear cases already on the court’s books. – 70% of Indian prisoners have never been convicted of any crimes- law enforcement in favour of social status of the persons often works against the poor – the poor do nto rely on the justice system as it does not protect them.

Why are public justice and law enforcement so weak in LDCs?  Enforcement is left to dysfunctional national law enforcement sys. – colonial roots of power and elite interests are the focus – narrow self-interest of the powerful or authoritarian rulers  Lawlessness allows corrupt officials and local criminals to block and steal crucial goods and services provided by the international development community, e.g. international justice mission.  Elites have no interest in building legal instns as they would limit their influence and power.  Human rights community- UN, NGOs etc. have largely neglected to establish a justice system that helps the poor

How does lack of legal protection undermine development efforts?  Services, Resources, aid and goods earmarked for intended beneficiaries do not reach them. 85% are diverted by corrupt officials – siphoning off the profits - stealing land to which farming tools are given as aid but become useless- sewing machines through micro credit does not help as profits are stolen buy local police  Abused women die at the hands of the violators – 2 out of 3 women physically abused – rape is common – Peru 40% of girls encounter being raped by age 14 - enforcement gap

Why is building public justice system difficult ?  Corruption and theft in the public justice sys discourage pursuing the task of implementing the rights for the poor  Minimal resource allocation for the implementation of the public justice system impeded progress.  International donor countries focus their resources and policies on international crimes, drugs and narcotics.  Need political will, local knowledge and innovative approaches for enforcement  Financial asst for building a system of justice, police and other enforcement institutions is costly  Rule of law aid and development aid would be mutually reinforcing and the poor will gain the benefits of both

Solutions  Cut off aid to countries that do not improve their capacity to protect the poor  Collaborative process betw. IJM (NGO) and the country’s govt in a geog area can work on case-driven agency – helping authorities fight sexual exploitation and violence against children – train the police etc. to learn how to protect the poor against injustices against them through enforcement of HR that remain merely on paper.