comparative issues in human rights - sit study abroad€¦ · · 2014-10-20rights (hrmt) and the...

*This syllabus is representative of a typical semester. Because courses develop and change over time to take advantage of unique learning opportunities, actual course content varies from semester to semester.

Copyright © SIT, a program of World Learning 1

“The real political task in a society such as ours is to criticize the workings of institutions that appear to be

both neutral and independent, to criticize and attack them in such a manner that the political violence that

has always exercised itself obscurely through them will be unmasked, so that one can fight against them.”

(Michel Foucault, 1984:6)

If people are not aware of the historical and contextual nature of human rights and are not aware that human

rights become realized only by the struggles of real people experiencing real instances of domination, then

human rights are all too easily used as symbolic legitimizers for instruments of that very domination.”

(Fields Belden 1992).

Course Description This course is designed to introduce students to some of the contentious issues surrounding human rights and to examine whether rights are universal or only a reflection of a particular history, a specific set of economic arrangements or a peculiar set of ideological biases. The course explores and examines political and economic contexts that contribute to the production of various human rights and the extent to which these factors are shaped by economic and sociocultural global processes. The course will be guided by the following questions: What economic, political and social factors shape human rights? How are different actors involved in the creation and maintenance of human rights? What is the role

Comparative Issues in Human Rights

HMRT 3500 (4 Credits / 60 class hours)

Professor Mamadi Matlhako SIT Study Abroad Program:

Human Rights: Foundations, Challenges, and Advocacy

Michael Arquin

Text

*This syllabus is representative of a typical semester. Because courses develop and change over time to Copyright © SIT, a program of World Learning 2

of power in the creation and maintenance of human rights? What are the limitations and challenges of human rights? How can we address these problems in a meaningful way? This course aims to provide a critical space for participation, analysis, exchange of ideas and mutual learning. It will closely complement the Foundations and Frameworks of Human Rights (HRMT) and The Role of Civil Society (SDIS), guest lecturers, site visits and other programmatic elements we experience in each city. Because human rights are so central to our conception of our identities, our society and our values both shared and disputed, it will require intellectual discipline and openness to freely and fairly examine these issues. Course Objectives • To introduce students to a variety of theoretical, analytical and methodological tools

towards analyzing and understanding the political construction of human rights. • To examine the importance of power, which is crucial to understanding the construction

of human rights. • To experience, observe, understand and analyze government policy, citizen action, local,

regional and global forces on the creation of human rights • To challenge students to connect the experiential content of the program - site visits with

refugees, indigenous people, discussions with host families, and guest speakers to broader analytical questions regarding human rights through dialogue, and observation in reflective and substantive ways.

• Effectively evaluate multiple and contradictory sources. • To develop critical assessment and analytical skills to connect theory to practice. • To develop presentation and writing skills. Course Methodology The course will use a combination pedagogical methods: presentation, reflection, critical inquiry, and discussion techniques. The intention is to create a learning community where students actively contribute ideas and questions, and everyone contributes to the learning process. For sessions that have more than two readings, the readings will be split up amongst students. Course Materials Required readings, compiled on SIT eReserves and box.com, will be available at the beginning of the launch of the program. Supplementary readings and sources, listed at the end the syllabus, are provided for further reference and to better understand the course content. Students are expected to complete the required readings before each class session and to use them in fulfilling assignments. Students should explore local resources, such as newspapers and television, and take the initiative in seeking out other material. Course Requirements Participation (20 %) Students are expected to actively participate in the scheduled course sessions with faculty and to complete the required readings on time. Sessions with faculty will be linked to and complemented by site visits, guest lectures and other activities in each city, as well as the


content of other courses. Participation is more than coming to or speaking out in class; it means that you actively contribute to the intellectual growth of the group by thoughtfully engaging with faculty, classmates and guest lecturers and by integrating information and experiences from field visits, other courses, observations, conversations with homestay families as well as through daily life in the sites visited. Written Assignments Human Rights Activism Project (Paper = 30%, Presentation = 10%) 40%

- See details at end of syllabus - This project also counts towards your grade for the Role of Civil Society course

Paper on the Comparative Construction of Human Rights 40% - See details at end of syllabus

Information on Current Human Rights Conditions Students should stay informed about current global human rights conditions, facilitated in part by subscribing to Human Rights Watch’s weekly digest. Go to www.hrw.org and click under Sign up for Newsletter. Additional human rights internet sites, noted under Supplementary Resources, should also be consulted. Course Organization and Required Reading New York, USA Session 1: Introduction: Human Rights, Politics, Economy, and Power Brown, C. (1997). "Universal human rights: A critique." The International Journal of Human Rights, 1(2): 41-65. Tony Evans, ‘Introduction: Power, Hegemony, and the Universalization of Human Rights’ in Tony Evans, eds., Human Rights Fifty Years On: A Critical Appraisal. New York: St. Martin’s Press, 1998. Neil Stammers, ‘Human Rights and Power’, Political Studies, 41, 70-82. Anthony McGrew, ‘Human rights in a global age: coming to terms with globalization’ in Tony Evans, eds., Human Rights Fifty Years On: A Critical Appraisal. New York: St.Martin’s Press, 1998. Santiago, Chile

Session 2: Power, Ideology, Accountability and Transitional Justice Collins, C. (2010) Human Rights Trials in Chile during and after the ‘Pinochet Years’ The


International Journal of Transitional Justice Vol 4 p67-86 Pringle, J. (2013). "Holding Leaders Accountable for Human Rights Abuses in Chile, Argentina, and the United States ." Journal of Political Inquiry, Spring Issue

Session 3: Privatization and the Politics of Education The Economist. "Chile: Progress and its Discontents."Apr 14th 2012 | SANTIAGO. http://www.economist.com/node/21552566 Cabalin, C (2012). "Neoliberal Education and Student Movements in Chile: inequalities and malaise." Policy Futures in Education Volume 10 Number 2 Soma, N. M. (2012). "The Chilean student movement of 2011-2012: challenging the marketization of education." Interface: 4 (2): 296 - 309 (November 2012). http://conjuncturemagazine.org/2014/05/14/reform-in-chile-between-popular-power-and-the-political-elite/ Session 4: The Politics of Indigenous Peoples Rights

Richards, P. (2010). "Of Indians and Terrorists: How the State and Local Elites Construct

the Mapuche in Neoliberal Multicultural Chile." Journal of Latin American Studies, 42, 01

(February) 59-90.

Toamassel, A (2012). "Natural Resource Claims, Land Conflicts of Indigenous Movements in the Cono Sur - The Case of the Mapuche People in Chile." International Journal on Minority Group Rights, 19: 15 Amman, Jordan Session 5 : Women, Inequality, Dependency and Citizenship Sweis, R F. (2011) "In Jordan, a Struggle for Gender Equality." November 30. http://www.nytimes.com/2011/12/01/world/middleeast/in-jordan-a-struggle-for-gender-equality.html?pagewanted=all&_r=0 . Amawi, A. (2000). "Chapter 8: Gender and Citizenship in Jordan," (pp. 569-575) in Gender and Citizenship in Gender and Citizenship in the Middle East. Syracuse University Press. MacDougall, S. "Refugees from Inside the System: Iraqi Divorcees in Jordan." Refuge, 28 (1): 37-47


Session 6: The Politics of Forced Migration from Palestine. Shiblak, A. (2009). "The Palestinian Refugee Issue: A Palestinian Perspective." Middle East and North Africa Programme | February 2009. http://www.voltairenet.org/IMG/pdf/Palestinian_Refugee_Issue.pdf Akram, Susan M. “Palestinian Refugees and Their Legal Status: Rights, Politics and Implications for a Just Solution,” Journal of Palestine Studies (2002), pp. 36-51. Session 7: The Politics of Humanitarian Intervention I'Anson C & Pfeifer, G (2013). "A Critique of Humanitarian Reason: Agency, Power, and Privilege." The Journal of Global Ethics (9): 49-63

Ayoob, M. (2001). "Humanitarian Intervention and International Society." Global

Governance, 7 (3) (July–Sept), pp. 225-230 Kathmandu, Nepal Session 8: Political Economy of Development and Sex Trafficking Hunt, S. (2013). "Deconstructing Demand: The Driving Force of Sex Trafficking." The Bron Journal of World Affairs, vol XIX (II) Spring/Summer Jha, Chandra Kant and Madison, Jeanne (2011). "Antecedent and Sequalae Issues of Nepalese Women Trafficked into Prostitution." Journal of International Women's Studies, 12(1), 79-90. Session 9: What Does Colonialism Have To Do With It? Making Sense of "Human Rights" discourse. Said, E. (1978) Orientalism: Introduction in Said, E. Orientalism New York: Random House, pp 1 -30

Joseph Andoni Massad. (2002) "Re-Orienting Desire: The Gay International and the Arab

World." Public Culture 14.2: 361-385.

Mbembe, A. (2001) Introduction: Time on the Move and Ch.1, Commandement in A. Mbembe, On the Postcolony, Berkeley: University of California Press, pp1 - 16 Mohanty, Chandra (1986) “Under Western Eyes: Feminist Scholarship and Colonial Discourses” in Feminism without Borders: Decolonizing Theory, Practicing Solidarity, Durham: Duke University Press, 17-43


Session 10: Semester synthesis; final workshop and presentation. Supplementary Resources Selected Internet Sites (partial) Amnesty International: www.amnesty.org Arab Institute for Human Rights; www.aihr.org.tn Arab Organization for Human Rights: www.aohr.org Business for Social Responsibility: www.bsr.org Human Rights Watch: www.hrw.org Human Rights Documents: www.hrweb.org/legal/undocs.html Human Rights Documents: http://hrcolumbia.org.publications International Center for Transitional Justice: www.ictj.org International Crisis Group: http://www.crisisgroup.org/ New Tactics: www.newtactics.org UN Office of the High Commissioner for Human Rights: http://www.ohchr.org/EN/Pages/WelcomePage.aspx Recommended Readings Achilli, L., (2014). "Disengagement from politics: Nationalism, political identity, and the everyday in a Palestinian refugee camp in Jordan." Critique of Anthropology, 34 (2) 234 -257 Aziz, N. "The Human Rights in the Era of Globalization: Hegemony and Discourse," (2003) in Debating Human Rights: Critical Essays from the United States and Asia"edited by Peter Van Ness. Taylor & Francis e-Library Chatelard, G. (2008). "Constructing and deconstructing 'the Iraq refugee crisis." French Institute for the Near East (IFPO), Amman. Paper presented at the conference of the International Association of Contemporary Iraqi Studies, SOAS, London, 16th-17th July 2008. Chimni, B.S. (2004) From resettlement to invountary repatriation: Towards a critical history of durable solutions to refugee problems Refugee Survey Quarterly Vol. 23 No. 3 pp55-73 De Guzman, M.M. (2000) The Road from Rome: The Developing Law of Crimes Against Humanity Human Rights Quarterly 22 pp.335 – 403 Donnelly J. (2002). ‘Human Rights, Globalizing Flows and State Power’ in Alison Brysk, ed., Globalization and Human Rights. Berkeley: University of California Press Evans, T. (2005). ‘Introduction: Globalization and the Study of Universal Human Rights’. Evans, ‘Chapter 4: 'The Political Economy of Human Rights’ in The Politics of Human Rights: A Global Perspective, 2005.


Fassin, D. (2007) Humanitarianism as a politics of life Public Culture 19:3 pp 499-520 FitzGerald, S.A. (2012) Vulnerable Bodies, Vulnerable Borders: Extraterritoriality and Human Trafficking Feminist Legal Studies 20:227–244 Geehan, N (2013). "Modern-day slavery' in Qatar: there's bad and good news. theguardian.com, Friday 27 September Haughey, D (2012). "Defending Territory, Demanding Participation: Mapuche Struggles in Chile." Latin American Perspectives, 39:201-218 Joshi, S. (2001). ’Cheli-Beti’discourses of trafficking and constructions of gender, citizenship and Nation in modern Nepal. In South Asia: Journal of South Asian Studies, 157-175 Kindornay, S., James, R., Carpenter, C. (2012) Rights-based approaches to development: Implications for NGOs Human Rights Quarterly Vol 34 No 2 pp. 472-506 Landy, D, (2013). "Talking human rights: How social movement activists are constructed and constrained by human rights discourse". International Sociology, 28(4) 409 –428 Leve, L. G. (2007). Failed Development and Rural Revolution in Nepal: Rethinking Subaltern Consciousness and Women's Empowerment. Anthropological quarterly 80 (1):127-172. Margaret, P and N. Roht-Arriaza (1995). "Truth as Justice: Investigatory Commissions in Latin America. " Law & Social Inquiry, 20 (1):79-116 Paudel, P. and J. Caryer (2000). Girl-Trafficking, HIV/AIDS, and the position of Women in Nepal. Gender and Development, 8 (2): 74-79 Richards, P. "The Politics of Difference and Women's Rights: Lessons from Pobladoras and Mapuche Women in Chile." Social Politics, Spring 13 (1): 1-29 Stychin, C. F. (2004). "Same-Sex Sexualities and the Globalization of Human Rights Discourse." McGill Law Journal, vol 49, pp 951 - 968. Tameshie, D. (2010). "Cross-Border Trafficking in Nepal and India-Violating Women's Rights . Human Rights Review. December, 11 (4) 4- 49. Teitel, R. T., (2002). "Transitional Justice in a New Era." Fordham International Law Journal, 26 (4): Warren, K.B. (2012) Troubling the Victim/Trafficker Dichotomy in Efforts to Combat Human Trafficking: The Unintended Consequences of Moralizing Labor Migration Indiana Journal of Global Legal Studies 19:1 pp105-120


Evaluation and Grading Criteria The faculty will grade you on the basis of points and will return written assignments with comments. The range of points will indicate how your work compares with the rest of the class. At the end of the term, your cumulative point score will be calculated to determine your final letter grade for the course. Point grades for individual assignments are not directly correlated to final letter grades, which will reflect your work on assignments in all countries. It is useful for faculty and students to view final grades in this way. An “A’ represents truly outstanding work, exemplifying rigorous analysis, superior insights, and precise presentation.. A “B” signifies highly competent work that completes the assignment very well, with considerable thought, reasonable analytical results and an effective presentation. A “C” represents acceptable, work, satisfying the basic requirements, but lacking distinction, original analytical insights or organization. A “D” grade indicates poorly or partially completed work, reflecting a lack of initiative, inconsistent analytical conclusions and/or a disorganized presentation. Pluses and minuses for the four letter grades indicate better or poorer work. There is no “A+” grade. Student Expectations Class Participation Participation in class refers to attendance, punctuality, attentive listening and active engagement in all lectures, discussions, educational excursions and other activities. It also means polite and respectful behavior. Please refer to the SIT Study Abroad handbook for policies on academic integrity, ethics, warning and probation, diversity and disability, sexual harassment and the academic appeals process. Also, refer to the specific information available in the Student Handbook and the Program Dossier given to you at Orientation.


HMRT 3500: Comparative Issues in Human Rights Fall 2014, Professor Matlhako Assignment: The Construction of Human Rights Country Comparison. The constructionist perspective centers around one question: why do we recognize some social conditions as ‘human rights issues’ while simultaneously ignoring other conditions? Additionally, why are some issues universalized? The answers to these questions, constructionists argue, have several elements: privilege, power, representation, and knowledge production. This assignment of brief response papers is an opportunity for you to engage the issue of the construction of human rights from a comparative perspective. In your papers, draw on all the academic readings you are covering this term (i.e. not just the comparative issues class), on materials from guest lectures, site visits, and on your own research (observations, conversations etc.), synthesizing data across countries. Each paper should summarize one aspect of human rights issue (women's rights, indigenous people's rights, human trafficking, transitional justice, refugee rights, humanitarian intervention, governance, development, and rights) in at least two countries, one of which must be the U.S. Your papers should compare and contrast how the rights in this issue are socially constructed as well as the political economic context of the topic you choose. In particular, discuss four issues: (1) how has this issue been constructed as a “human right” in different contexts?; (2) who are the main actors involved in the construction of this issue?; (2) how is the issue of power related to this human right issue; and (3) your explanation for why these differences and/or similarities have occurred, supported with evidence from your sources. Your goal in this paper should not only describe the important similarities and/or difference but also analyze how they differ. There are no “right” or “wrong” answers to your analysis, but there are well-supported conclusions and poorly-supported ones. You will want to weigh the evidence and identify the most likely or most important causes contributing to the similarities and/or differences between your cases. Each paper should be 1250--1500 words and use appropriate citation format, including a bibliography at the end. The paper is worth 40% of your grade. ! !


!HMRT 3500: Comparative Issues in Human Rights Fall 2014, Professor Matlhako Group Assignment: Human Rights Activism Project For this project, students will work in groups of four to identify a human rights issue affecting any community in Chile and develop a plan of action to address that issue. To think of a viable project, you should draw on the myriad of possibilities for intervention based on the program's guest lectures, site visits, exchanges, and independent explorations. Each group will then work together to do the following: • Research the issue. • Interview at least one activist working on this issue to find out some of what is being

done. • Develop a plan or strategy for future action that promises to have an impact on the issue. • Write a report that details the previous three items. • Deliver a brief (10-15 minute) presentation on the work you've done and the strategy

you've planned. • Submit a 1-2 page review/evaluation of your group.

IMPORTANT NOTE ON WORK-SHARING!!! �It is the responsibility of each group to share the work equally and it is each group member's responsibility to complete their assigned tasks. The project includes several different elements, each of which can be tackled by groups, pairs, or individuals. But: it is very important that the different elements of this project be well integrated in your final product. In other words, the research section ought to connect with the activist interview (e.g., does the activist share the predominant understanding(s) of the issue that your research uncovered? Does s/he agree with how the issue is being analyzed?) and the activist interview should inform the action that you are planning or proposing (e.g., what other actions have been taken in the past? What has been effective? What would the activist advise against? If you choose not to follow your activist's suggestions, please explain why). However you choose to divide the work ( if you decide to the divide the work), you must continue to work together as a group so that your final report integrates all the different elements successfully, and thus achieves an over-all coherence and persuasiveness. Lack of integration will adversely affect the evaluation of your project.

I will meet with all group members to discuss progress of the project and the status of group dynamics. Except under extraordinary circumstances, all group members will receive the same grade for the final project. It is your responsibility as a group to ensure that all members contribute equally to the project. If it appears that one or more members of the group are not fully participating/contributing to the project you must address this issue within the group as soon as it arises. You will submit a written evaluation of the project a the end of the project completion in which you will assess each group member's contributions as well as your own.


Please note that the group evaluation, while important, is not a sufficient means to address problematic group dynamics. These concerns must be dealt with collectively by your group before the written and oral reports are due. The formal requirements for the project are laid out below. Preliminary description: Identify a specific human rights issue. In identifying the issue, take into account how other categories and dynamics, for example gender, sexuality, citizenship, class, and race, are part of the general puzzle. Once you have identified the issue, write a 2-3 page statement explaining: (1) why the group has chosen this issue, (2) what, if any local resources exist that address this issue, (3) an identification of 2 scholarly resources beyond the assigned course readings that the group intend to use in researching their project, (4) a list of potential interviewees (ask the coordinator for advice and connections), and (5) how you will divide the work among group members. I will meet with all groups to discuss their preliminary descriptions. Proposal for a plan of action: Groups develop three possible actions, interventions, and/or strategic plans to address the issue they are working on. These should offer a brief outline of the relative merits of each strategy and how each might impact the issue they had chosen. Again, I will meet with all group members to discuss their proposal for an action plan and the status of group dynamics. Written Report (6-8 pages, 1,500 - 1,750 word count):�The written report must include three sections that address: (1) research on this issue, (2) a summary or accounting of what the group learned from the activist interview (NOT a transcript of the interview), and (3) a detailed plan about how you would implement your proposed activism project.

1) Research the Issue: �This section consists of a write-up on the research you have done on the issue you have chosen. Include a) an introductory discussion/presentation of the issue; b) an explanation of the issue's significance, including information on the specific communities that are affected by it and the impact it has on their lives; c) a discussion of key theories or arguments about the issue. In addition to any pertinent readings from the syllabus, you should use at least two additional sources that are not on the course syllabus. These might be books, articles from scholarly journals, and reports prepared by research and/or advocacy organizations.

2) Activist Interview/What Is Being Done�This section will contain a write-up of the information you've obtained from the activist(s) with whom you've spoken. Merely providing a transcript of the interview is not sufficient. In addition to learning about the particular things that others are doing, your goal is also to get a general sense of what resources are available and what actions are being taken in the larger--global or domestic--context.


You ask about the particular concerns, interests, strategies, and experiences that the person has had; but you might also want to ask them for their impression on the over-all status of activist work on that issue and suggestions of appropriate interventions.

By "interview" I mean you engage in a direct and extended conversation with someone actively working on the issue you've identified. This direct and extended conversation might take place in person, it might take place by email, or it might take place by phone. In any event you briefly detail when, how, and with whom they've made contact. ��

Please note : activists are, in general, extremely busy and (over-) committed people who may or may not find conversing with students a good way to spend their time. For this reason, you are strongly suggested to contact more than one potential interviewee. Keep this in mind as you "reach out" to make contact.

3) Developing a Plan for Future Action�This section will outline, in as much detail as possible, an action, intervention, and/or strategic plan that each group has worked out to address this issue. You are not obliged or expected to carry out this action. This section of your report will need to present your plan as if it could be enacted. So if, for example, your topic area is Health and your issue is indigenous women with HIV/AIDS, it would not be sufficient to indicate that your plan is to raise money for a clinic, and leave it at that. If you determine that fund-raising for that clinic is a viable and vital activist project, then you'd need to determine how you would fund-raise; what would be entailed in planning the fund-raising event; a realistic money figure for what the event would cost; a realistic account of where that money would come from; etc. In other words, you must complete a detailed "mock" plan for your event/action/plan. It may be necessary to consult with additional activists / professionals when devising your intervention. For example, if you plan to ask an organization or individual to donate to your project you should contact them to ascertain the feasibility of such a request being granted.

Presentation�The group will deliver a deliver a brief (10 minute) presentation in your section on the work you've done and the strategy you've planned. The presentation may incorporate audiovisual elements, handouts, and any other resources that will help you to share your work with the class.

Evaluation IMPORTANT! You must evaluate your experience! Within 48 hours of completing the final submission, each member of the group is required to submit a two-page project evaluation to the instructor.