1. Civil Engineering and Human Rights What are the connections?
Jessica Wyndham, Associate Director
Scientific Responsibility, Human Rights and Law Program
June 6, 2011

2. What are human rights? fundamental entitlements guaranteed by law
inherent to all human beings
derived from the mere fact of being human

3. What do you think?
Is there a connection between civil engineering and human rights?
Yes No
Maybe
Are civil engineers the premier stewards of infrastructure as a human right?
It depends
Is access to the benefits of infrastructure an inalienable human right?

4. International Bill of Rights

5. Political participation … Work Housing Health Environment Culture
International Covenant on
Civil and Political Rights
(1966)
International Covenant on
Economic, Social and
Cultural Rights (1966)
Life
Torture
Fair trial
Information
Expression
Association
Political participation …
Work
Housing
Health
Environment
Culture
Benefits of Scientific Progress …

6. Key Human Rights Treaties
Civil and Political Rights
Economic, Social and Cultural Rights
Racial Discrimination 1965 – 174
Discrimination Against Women 1979 – 186
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 – 147
Rights of the Child
Protection of the Rights of all Migrant Workers and Members of their Families 2003 – 44
Rights of People with Disabilities 2008 – 59

7. Key Human Rights Treaties: US Ratifications
 Civil and Political Rights
Economic, Social and Cultural Rights
 Racial Discrimination 1965 – 174
Discrimination Against Women 1979 – 186
 Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 – 147
Rights of the Child
Protection of the Rights of all Migrant Workers and Members of their Families 2003 – 44
Rights of People with Disabilities 2008 – 59

8. Key Human Rights Treaties: US Signed
 Civil and Political Rights
 Economic, Social and Cultural Rights
 Racial Discrimination 1965 – 174
 Discrimination Against Women 1979 – 186
 Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 – 147
 Rights of the Child
Protection of the Rights of all Migrant Workers and Members of their Families 2003 – 44
 Rights of People with Disabilities 2008 – 59

9. Key Human Rights Treaties: Plans to Ratify
 Civil and Political Rights
 Economic, Social and Cultural Rights
 Racial Discrimination 1965 – 174
 Discrimination Against Women 1979 – 186
 Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 – 147
 Rights of the Child
Protection of the Rights of all Migrant Workers and Members of their Families 2003 – 44
 Rights of People with Disabilities 2008 – 59

10. Related U.S. Constitutional Amendment
UDHR Article
Related U.S. Constitutional Amendment
Article 2
14th Amendment (non-discrimination)
Article 3
14th Amendment (life, liberty, security)
Article 4
13th Amendment (slavery)
Article 5
8th Amendment (cruel and unusual punishment)
Articles 6 and 7
14th Amendment (equal protection)
Article 9
5th Amendment (arbitrary arrest)
Article 10
6th Amendment (fair trial)
Article 12
4th Amendment (privacy)
Article 17
5th Amendment (property)
Article 18
1st Amendment (religion)
Article 19
1st Amendment (speech)
Article 20
1st Amendment (association)
Article 21
15th, 19th, 23rd, 24th, and 26th, Amendments
From: The Advocates for Human Rights (2009), Human Rights Toolkit, p. 12

11. US human rights policy
“Our human rights agenda for the 21st century is to make human rights a human reality.
The first step is to see human rights in a broad context. Of course, people must be free from the oppression of tyranny, from torture, from discrimination, from the fear of leaders who will imprison or ‘disappear’ them. But they must also be free from the oppression of want, want of food, want of health, want of education, and want of equality in law and in fact.”
Secretary of State, Hilary Clinton, December 10, 2010

12. As compared to a ‘development’ approach:
A human rights-based approach entails:
Actively engaging vulnerable groups in planning and implementation (participation)
Ensuring accessibility, acceptability, adaptability and affordability (AAAs)
Measuring disaggregated impact of activities as compared to global averages (vulnerable and marginalized)
Publicizing plans, processes and outcomes (transparency)

13. Civil Engineering and Human Rights: Example
Schools (ASCE 2009 Report Card for America’s Infrastructure)
Problem: enrollments are rising, spending and construction are decreasing
Recommendations: publish updates, expand tax credits, establish federal budget for construction
Human rights considerations:
Publish regular updates to ensure clear view of conditions (transparency)
Continue and increase federal grants for high-poverty, high-need school districts (marginalized and vulnerable)
Provide mechanism for districts to inform policies/ programs on construction/maintenance (participation)

14. Civil Engineering and Human Rights: Further Examples
‘Human Levee for Human Rights’ (New Orleans)
Mazibuko case - Court upholds right to water, civil engineer testifies (South Africa)
Special Rapporteur on Toxic Waste and Human Rights (United Nations)
Sichuan earthquake, school construction and human rights (China)

15. Civil Engineers’ Role in Human Rights
Build a constituency for human rights
Apply your expertise for human rights
Respect human rights standards in your work
Advance the right to benefit from scientific progress

16. Why Civil Engineers?
Governments’ commitment to human rights is only as strong as society’s demands for their rights
Civil engineers can apply their skills and expertise to human rights issues
Technically rigorous and independent analysis adds credibility to human rights demands

17. Entrusted by society to create a sustainable world and enhance the global quality of life, civil engineers serve competently, collaboratively, and ethically as:
Here is what the Vision says.
Note that the words were chosen very carefully, with every word in place for a reason.
[read the vision, emphasizing ‘sustainable’, ‘global’, ‘ethically’]
Civil engineers will be …
entrusted by society to create a sustainable world and enhance the global quality of life, serving competently, collaboratively and ethically as . . .

18. Vision for Civil Engineering in 2025
MASTER:
Planners, Designers, Builders & Operators
Environmental Stewards
Innovators and Integrators
Managers of Risk and Uncertainty
Leaders in Shaping Public Policy
Master builders, environmental stewards, innovators, risk managers and leaders …
The Vision for 2025 professes a new role for our profession – an ambitious goal to guide civil engineers around the globe to a new level of problem solving leadership and recognized professionalism.
To achieve this vision, a roadmap called “Achieving the Vision” focuses on five desired outcomes and breaks them down into achievable tactics.
Today I am going to talk about ASCE’s progress in the area of sustainability – one of the elements of Environmental Stewardship. 18

19. AAAS Science and Human Rights Coalition
A network of scientific and engineering organizations that recognize a role for scientists and engineers in efforts to realize human rights.
Members: scientific associations, professional
societies and science academies
Member/Affiliate Organizations: 46
Affiliated Scientists: 63

20. Working through the ASCE
Organize an Annual Meeting session on civil engineering and human rights - issues and practice
Publish on the connections between civil engineering and human rights in scholarly and other journals
Organize a public inquiry on a human rights issue related to civil engineering

21. What do you think?
Is there a connection between sustainability and human rights?
Yes No
Maybe
Is Vision2025 a roadmap for civil engineering and human rights?
What aspect of the Triple Bottom Line strongly represents the link between civil engineering and human rights?
Environmental
Economic
Social
None of the above
All of the above

22. Civil Engineers’ Role in Human Rights
Build a constituency for human rights
Apply your expertise for human rights
Respect human rights standards in your work
Advance the right to benefit from scientific progress

23. Applying Technical Expertise to Human Rights
Forensic and genetic sciences (1980s)
Statistical and information management techniques (1990s)
Geospatial image analysis (2000s)

24. Clyde Snow at the trial of the Argentinean junta, 1985
(Courtesy of Daniel Muzio)
Liliana Pereyra, mid-1970s 21-year-old bank clerk who had disappeared on October 6, 1976, when she was five months pregnant. (Family of Liliana Pereyra; AAAS Archives)
Liliana Pereyra's skeletal reconstruction
(AAAS Archives)

25. Kosovar refugees: Policy or Panic?
Using data from the border registries and camp surveys to:
establish where refugees came from, across time
link refugee flows with Yugoslav movements and NATO actions
assess competing explanations for refugee flows 25

26. From: Ball, P. (1999), Policy or Panic: The Flight of Ethnic Albanians from Kosovo March – May 1999

27. Port Farma, Zimbabwe – June 22, 2002
Port Farma, Zimbabwe – April 6, 2006

29. AAAS “On-call” Scientists
Physicians for Human Rights
Project: Document evidence of torture to support asylum applications
Location: USA
Scientists: Health practitioners (10)
Global Rights
Project: Assess impact of extractive industries on local communities
Location: Congo, Guinea, DRC
Scientists: Geologist, psychologists
Montana Innocence Project
Project: Provide evidence in post- conviction claims of innocence
Location: Montana
Scientist: DNA and forensic analysts, crime scene reconstruction
Environmental Defender Law Center
Project: Review and advise on technical reports in oil cleanup case
Location: West Africa
Scientist: Industrial and chemical engineers

30. What do you think? Can civil engineering be applied to human rights?
Yes No
Don’t know
Do you currently or are you interested in applying your skills and expertise for human rights purposes?
It depends
Are you interested in learning more about how you can work in support of human rights?
Maybe

31. Civil Engineers’ Role in Human Rights
Build a constituency for human rights
Apply your methodologies and technologies
Respect human rights standards in your work
Advance the right to benefit from scientific progress

32. Human rights implications of professional conduct
Participation of affected communities
Consideration of unique vulnerabilities of populations
Respect for cultural sensitivities and requirements
Commitment to meeting high quality standards

33. Civil Engineers’ Role in Human Rights
Build a consituency for human rights
Apply your methodologies and technologies
Respec human rights standards in your work
Advance the right to benefit from scientific progress

34. The Benefits of Science and Technology as a Human Right
“States shall recognize the right of everyone … to enjoy the benefits of scientific progress and its applications.”
-- International Covenant on Economic, Social, and Cultural Rights, Article 15

35. Article 15, International Covenant on Economic, Social and Cultural Rights
Governments shall:
1. recognize the right of everyone to (b) enjoy the benefits of scientific progress and its applications;
2. conserve, develop and diffuse science and culture;
3. respect the freedom indispensable for scientific research and creative activity; and
4. recognize the benefits of international contacts and co-operation in the scientific and cultural fields.

36. Broad Acceptance of the Right
160 governments have ratified the International Covenant on Economic, Social and Cultural Rights
All G8 countries, with the exception of the US, have ratified the Covenant
The right is recognized in international and regional treaties, e.g., bioethics (2005); human genetic data (2003); biomedicine ( Europe)
The right is recognized in several national Constitutions:
Armenia (1995); Moldova (1994); Paraguay (1992)

37. What does the right mean? UNESCO
Purpose:
to launch a process of research and dialogue on the content of this right
Participants:
lawyers, academics, medical ethicists, human rights practitioners, UN experts, AAAS

38. Venice Statement: Fundamental Principles
The right:
Is applicable across all disciplines
Can be enjoyed individually and collectively
Implementation requires:
Close international cooperation
Creation of an enabling and participatory environment
Particular attention be paid to the needs of marginalized and vulnerable population
Protection from abuse and adverse effects of science and its applications

39. Venice Statement
17. “The comprehensive elucidation of this right, raising awareness of it, its implementation, and the monitoring of its realization require the cooperation and participation of [among others]… the scientific and academic communities.”

40. AAAS
“Recognizing that this right lies at the heart of the AAAS mission and the social responsibilities of scientists,
AAAS will:
pursue opportunities to collaborate with the global scientific community so that the voice, interests and concerns of scientists can be brought to this process [and]
engage the domestic and global scientific communities in defining the content of the right and determining its application to a diverse range of scientific disciplines and issues of concern to the scientific community”
AAAS Board of Directors, Statement, April 2010

41. What do you think?
Is there a connection between civil engineering and human rights?
Yes No
Maybe
Are civil engineers the premier stewards of infrastructure as a human right?
It depends
Is access to the benefits of infrastructure an inalienable human right?

42. Questions to be answered
How does civil engineering and its applications benefit society?
What barriers exist to accessing the benefits of civil engineering?
What are some potential dangers or misuses of civil engineering from a human rights perspective?
What are the freedoms necessary for civil engineers to be able to conduct their work?
What “international contacts” and forms of “international cooperation” are required to effectively participate in civil engineering?
And more…

43. Thank you! Jessica Wyndham Program Director, AAAS Human Rights Program jwyndham@aaas.org