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Sarina Beges
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On April 13, Kenneth Roth, Executive Director of Human Rights Watch discussed Obama's human rights record to an audience of over 125 students and faculty, marking Roth's first speaking engagement at Stanford University. This event was hosted by the Program on Human Rights at the Center on Democracy, Development, and the Rule of Law, and was the final installment of the Sanela Diana Jenkins International Human Rights Speaker Series.

David Abernethy, Professor Emeritus of Political Science at Stanford University, introduced Roth and provided a detailed overview of his professional background and the stunning growth and impact Human Rights Watch has witnessed since Roth took the helm in 1993. Under Roth's leadership and strategic direction, Human Rights Watch tripled in size, expanding its reach to over 90 countries worldwide. 

"Human rights Watch does a remarkable job in combining carefully documented facts with advocacy for a better world, including naming and shaming egregious violators of universally accepted norms," said Abernethy, in emphasizing the courageous work Human Rights Watch pioneers on a global scale.

Abernethy noted that Human Rights Watch is a "is a north, south, east, west NGO, directed towards all points on the compass and operating from all those points, as a truly globalized institution."

At the outset of his comments, Roth framed President Obama's human rights record as a desire to abandon the principles of the George W. Bush administration and embrace an approach that is in stark contrast to the Bush years of unilateral diplomacy.

Obama has evolved -- it has been a journey from being not George Bush to being himself.
- Kenneth Roth

Since assuming office in 2009, Roth noted, "Obama has evolved -- it has been a journey from being not George Bush to being himself."

Roth highlighted the differences between both presidents, emphasizing the fact that, "most significantly in terms of contrast, Obama was going to lead by example," Roth said. "He was going to have a domestic policy that he and we could be proud of and that would persuade others just by virtue of what the US did itself."

In reflecting on the evolution of Obama's approach to human rights since assuming office, Roth saw Obama moving from rhetoric to practice. Roth cited a number of examples where the Obama administration delivered substantially on their commitment to defend these principles and others where they had fallen short.

In terms of multilateral promotion of human rights, Roth discussed how the Obama administration supported the efforts of the United Nation's Human Rights Council by successfully lobbying for the U.S. to become a member and helping to revive the Council into a more effective body in holding governments accountable. 

According to Roth, "the Council has introduced tough resolutions on Libya, the Ivory Coast, Iran, and revived this tool and the ability of a group of a government's peers to condemn it."

Roth also mentioned how the Obama administration has been a key player in supporting the International Criminal Court (ICC) by voting in favor of referring Libya to the ICC, arresting the leader of the Lord's Resistance Army in the Congo, and exerting pressure on Sudan to surrender President Bashir.

These actions, Roth maintained, "strengthened a key international institution designed to stop the impunity that lies behind so many of the world's worst atrocities."

While, Roth thought Obama had certainly struck a much more modest tone on the world stage than Bush, he did stress that Obama had retained the option of humanitarian intervention and is not afraid to use military force when necessary, highlighting the recent examples of Libya and Cote d'Ivoire.

Roth believed that Obama's biggest shift was towards China's human rights record. In 2009, Obama was hesitant to exert pressure on the Chinese concerning their human rights practice, which proved to be an ineffective strategy in advancing US interests. Since the January 2011 China summit in Washington, Obama dramatically reasserted himself, calling on China to expand human rights protections and realized "human rights is not a dangerous topic."

In surveying the Obama administration's policy in the Middle East and North Africa, Roth judged it as "inconsistent" toward the recent pro-democracy movements where strategic concerns have sometimes outweighed more ideological ones.

In Egypt, Roth believed the administration took too long to take an active stand against Mubarak in support of the protesters, but eventually came around to prove they were "better late than never."

Similarly in Yemen, Roth described the administration as hesitant to initially oppose President Saleh because it jeopardized their relationship with an important counter-terrorism ally.

In Bahrain, Roth explained that the administration refuses to take an active stance and continues to discuss the possibility of reconciliation in light of the flagrant human rights abuses committed at the hands of the Bahraini regime. Roth claimed that Obama is acting in the best interest of the US's Saudi partners who are "terrified" at the prospect of a Shiite revolution in Bahrain. 

Roth characterized the administration's position towards Israel as a "predictable disappointment," in that the US vetoed a UN Security Council resolution classifying the settlements as a violation of international law and rejected the Goldstone report, refusing to recognize the positive aspects of this comprehensive investigation of the war in Gaza.

On domestic policies, Roth commended Obama's immediate effort to end the Bush policy of torture and shutter the CIA secret detention facilities, but was disappointed that Obama refused to prosecute the Bush torturers and investigate where the torture took place. 

Roth described the issue of long-term detention without trial as a work in progress, believing that Obama's hesitation to release a core group of 48 prisoners in Guantanamo stemmed from his concerns about potential future acts of terrorism. 

In closing, Roth was optimistic about Obama's evolution over the past two years, noting the great strides he has taken to actively implement his values in US human rights policy. However, he was cautious in highlighting the tensions that exist between US interests and human rights, claiming that Obama still has a ways to go in striking a better balance between the two.

This event was a rare opportunity for the CDDRL community to hear from a leading investigator and critic of human rights abuses, committed to reducing human suffering on a global scale.

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Please join the Program on Human Rights at the Center on Democracy, Development, and the Rule of Law, in welcoming Kenneth Roth, Executive Director of Human Rights Watch for a special event on the topic of President Obama's human rights record. Mr. Roth will speak about the US response to human rights abuses around the world, including recent uprisings in the Middle East and North Africa.

The event will be chaired by Professor David Abernethy, Professor Emeritus in the Stanford department of Political Science.  

How is Obama doing on human rights?
Executive Director Kenneth Roth will assess the Obama Administration's human rights record. How has the president done in addressing the uprisings in the Middle East and North Africa? How has he performed on legacy issues, such as Guantanamo and torture? How has he handled competing national interests in places like China? Has his greater emphasis on multilateral diplomacy, especially at the United Nations, helped or hurt the promotion of human rights? 

Kenneth Roth is the executive director of Human Rights Watch, one of the world's leading international human rights organizations, which operates in more than 80 countries. Prior to joining Human Rights Watch in 1987, Roth served as a federal prosecutor in New York and for the Iran-Contra investigation in Washington. A graduate of Yale Law School and Brown University, Roth has conducted numerous human rights investigations and missions around the world. He has written extensively on a wide range of human rights abuses, devoting special attention to issues of international justice, counterterrorism, the foreign policies of the major powers, and the work of the United Nations.

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Kenneth Roth Executive Director Speaker Human Rights Watch
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Hicham Ben Abdallah
Hicham Ben Abdallah
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On Sunday February 20, Morocco experienced its first encounter with the wave of democratic change that has been sweeping across the Arab world. In each of several major cities, tens of thousands of Moroccans demonstrated for the same kinds of demands that we have seen elsewhere: to replace arbitrary and absolute uses of power with real, open democracy, to end the corruption and clientalism that stifles economic life, and to assert the rights of citizens to be treated with dignity and respect and to have a decent life for themselves and their families. Like these other demonstrations, those in Morocco also give us a glimpse of a new kind of movement -- one that brings together disaffected youth, impoverished working people, Islamists, traditional political dissidents, human rights groups, and others, in a kind of "leaderless" movement without a fixed ideological agenda. Unlike some other movements, the Moroccan demonstrations were predominately oriented toward reform, not overthrow; they did not attack the person of the King or the institution of the monarchy, and - what is most likely to keep them on that path - they were not met with brutal repression.

It would be possible for the regime to ignore what this means - there, after all, is no occupation of a central square to contend with. It would be better, however, for everyone to heed what it means - there is, clearly, a widespread, persistent discontent, affecting a broad swath of the populace. We have only seen the beginning of a process through which that discontent will manifest itself and find its political expression. How things develop from here is not known or predictable, and will depend on how the different forces react and interact going forward, but, in the present context, it is unlikely that expressions of that discontent will simply disappear. 

The welcome lack of bloody conflict has produced a curious uncertainty on both sides, a kind of double-double-bind situation that seems good for everyone: for the movement, the lack of fierce confrontation and overly radical demands helps legitimize the protest, and may make more people comfortable with and in it; but it may also be perceived as a sign of weakness. For the regime, the avoidance of brutal repression redounds to its credit, but it may also embolden the movement and help it grow. Neither side should underestimate the complexity of the pas de deux in which they are now engaged. For the regime, especially, to react with complacency and condescension - treating this movement as something that can either be ignored or absorbed in the usual ways, would be a very risky bet.

Much more productive, and much smarter, would be to heed the message of this movement - which, right now, is nothing else than to recapture the spirit of the new reign of Mohammed VI that the country had twelve years ago, to restart a hopeful process that so many feel has been rudely interrupted and replaced with disappointing new versions of business-as-usual. We started with the Justice and Reconciliation Authority (IER) and a promise of a new era of justice and accountability, and have arrived instead, post-16 May, with new waves of mass arrests, anti-"Islamist" fear-mongering, torture, and rendition [sous-traitance]. We started with a new era of freedom of the press, and have arrived at a state of censorship and legal harassment that has closed much of the independent press, and silenced or driven into exile many of its strongest voices. We began with a promise of economic transparency, and have ended in a state of economic predation, conducted by lobbies and vested interests in the name of the monarchy. We began with alternance, welcoming opposition parties and political dissidents into a new era of open democracy, and have passed through technocratic fixes to arrive at a return to "political normalcy," only to be undermined by ad-hoc commissions. The latest "new" political stratagem is a frankly royalist party, which may accrue more power to the monarchy in the short term, but, by bringing it further down into the arena of day-to-day political infighting, undermines the legitimacy it was recently accorded by all actors.

In short, many feel that the hopes and promises - the very spirit -- of the new reign have been abandoned. This is because they were not subject to a participatory process of constitutionalization and institutionalization, which is the only way that would have become permanent and irreversible. They were instead, once again, left discretionary. The monarchy has not submitted to a new, viable contract with the people. What the movement of February 20 is telling us is that these hopes and promises -- these rights -- can't be discretionary anymore. We have to return to them, and quickly begin a process that people can see is making them fixed and irrevocable. We have, that is, to revive and recast the spirit of the new reign with new urgency -- because there are new actors on the political stage who won't go away. Our nation has been put on notice: Change must and will come, and it will not be top-down anymore.  The commander [commandant de bord] now has a co-pilot, the Moroccan people, who will not fall asleep at the wheel.

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Larry Diamond
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The toppling of Egypt's modern-day pharaoh through peaceful mass protests, aided by Facebook and Twitter, marks a watershed for Egypt and the entire Arab world. Contrary to widespread anxieties in the U.S. foreign policy establishment, it will also serve the long-term interests of the United States - and Israel.

Many analysts of Egypt have been warning for years that the status quo under Hosni Mubarak was not sustainable. A repressive and deeply corrupt dictatorship was sitting on top of a social volcano - an increasingly young, urbanized, digitally connected population seething over the lack of freedom, dignity and economic opportunity. A quarter of Egypt's working-age youth are unemployed and many more under-employed. Over the past two decades, average incomes in Egypt stagnated while they doubled or tripled elsewhere in the region.

Think of what could have happened. Many observers (including myself) worried that the growing alienation of young Egyptians might flow in anti-American, anti-Israeli and radical Islamist directions. The inevitable eruption could have turned violent, resulting in the kind of bloody suppression that gripped Algeria in the early 1990s, when 200,000 died. Or it might have been hijacked by radical Islamists who would ride the popular revolution to power, as in Iran in 1979.

So far, none of these have happened. The millions of Egyptians who have poured into the streets of Cairo and other cities have not been chanting "down with America," nor have their protests been about Israel (or the Palestinians). Rather, they want freedom, justice and accountability in Egypt. They have mobilized for democratic change with extraordinary discipline, imagination and moderation. In the face of killings, provocations, arrests and torture, they have adhered to nonviolence as a sacred principle.

In achieving the first condition for Egypt's liberation, the departure of the pharaoh, through peaceful grassroots mobilization, a huge chip has been lifted from their shoulders. Now Egyptians feel a new sense of pride, confidence and empowerment. And they are beginning to view the United States in a fresh and more hopeful light, not because of President Obama's Cairo Speech in 2009 but because of what he said and subtly did in the last two weeks (after several rhetorical blunders by some in his administration). As the mass protests grew, Obama aligned the United States more explicitly behind the goal of peaceful democratic change, warned the regime against the use of force, and urged Mubarak to step aside. The experience could mark a turning point not just for Egypt but for Barack Obama personally. He now has the chance to nurture democratic change in the Arab world through artful diplomacy and timely assistance, where George W. Bush failed with blunter rhetoric and means.

Israel as well should be reassured by developments so far. Egypt's new (and hopefully temporary) military junta has quickly reaffirmed the country's treaty obligations. Few protesters are calling for abrogation of Egypt's peace with Israel. Most protesters resent Israel's treatment of the Palestinians and want an independent Palestinian state, but mainly they want to transform their own country politically and economically. They know their aspirations for human dignity and economic opportunity can only be met with far-reaching internal reforms, and that the worn-out theme of anti-Zionism is a divergence from that. Israel and its friends should thus welcome democratic change in Egypt. The only way to guarantee a lasting Middle East peace is to root negotiated agreements in the same democratic legitimacy that undergirds the stability and resilience of Israel's political system. As Thomas Friedman recently observed, it is a better bet to make peace with 82 million people than with one man.

The challenge now is to ensure that Egypt's revolution produces a genuine pluralist democracy. This is far from assured.

Egypt's military rulers may well seek to sabotage the transition and restore the old order with a slightly more democratic façade. Or the Muslim Brotherhood (which rejects violent means but clings to Islamist political ends) could gain the upper hand in popular mobilization or elections. But the second scenario will be much more likely to follow, rather than prompt, the first. If a democratic transition unfolds seriously and peacefully through negotiations and reform, and if democratic institutions are well designed, the Muslim Brotherhood will be a significant but minority player.

For Egypt, Mubarak's fall is only the first step along a tortuous path. If its transition leads to democracy, it will produce a much more reliable partner for peace and progress in the Middle East. That is why other democracies in the world should support it in every way possible.

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On February 1, James Cavallaro, Clinical Professor of Law at Harvard and Executive Director of Harvard Law School's Program on Human Rights, spoke at the fifth installment of the Sanela Diana Jenkins Speaker Series hosted by the Center on Democracy, Development and the Rule of Law's Program on Human Rights.

While much of Cavallaro's research has focused on the Inter-American Court of Human Rights, his talk focused on his experience working on human rights issues in Brazil. Recounting stories from when he helped establish offices for Human Rights Watch in Brazil, Cavallaro raised the question of why human rights has not caught nearly as much traction in Brazil as in its South American neighbors.

To explain this "Brazilian exceptionalism" with regard to human rights, Cavallaro highlighted the persistently high crime rates that continue to plague Brazilian society. According to Cavallaro, Brazilian police are the worst human rights violators and have been known to torture suspects, employing apparatuses like the Parrot's Perch, and to use firearms and force indiscriminately. However, these violations of human rights agreements are tolerated in Brazil because the general population considers a hard stance on crime necessary to maintain order and to keep crime rates from rising to the levels seen during the early 1990s. Cavallaro noted that when people are forced to weigh their personal security against the rights' of others, people's self-interest almost always take precedence.

However, Cavallaro said that human rights in Brazil could be at a crossroads of sorts. He pointed out that how police forces handle security issues when Brazil hosts both the 2014 World Cup and 2016 Summer Olympic games could potentially mark the course for future human rights advancement or prolonged stagnancy in Brazil. He suggested that these events, during which Brazil's economic development and national pride will be on display, could serve to professionalize the police force and redefine the boundaries of appropriate action. Unfortunately, he said, the likelihood of such a shift in norms is unlikely to develop in the few years before these events.    

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David Luban is University Professor and Professor of Law and Philosophy, and the Acting Director of the Center on National Security and the Law. Luban received his B.A. from the University of Chicago and Ph.D. in philosophy from Yale University. He came to Georgetown in 1997 from the University of Maryland. Luban has been visiting professor and Distinguished Senior Fellow in Legal Ethics at Yale Law School, and Leah Kaplan Visiting Professor of Human Rights at Stanford Law School; he has also held visiting appointments at Dartmouth College,  the University of Melbourne, and Harvard Law School. In spring 2011, he will be a fellow of the Institute for Advanced Studies at Hebrew University, Jerusalem. Luban has held a Guggenheim Fellowship and Woodrow Wilson Fellowship, and won awards for his legal ethics scholarship from the New York State Bar and the American Bar Foundation.

In addition to legal ethics and philosophy, his recent scholarship concerns international criminal law, just war theory, human rights, and the US torture debate. Luban has published more than 150 articles; his books have been translated into Chinese and Japanese. They include Lawyers and Justice (1988), Legal Modernism (1993), Legal Ethics and Human Dignity (2007) and, most recently, International and Transnational Criminal Law (2010) (with Julie O'Sullivan and David P. Stewart). Luban has written for Slate.com, the Washington Post, and the Los Angeles Times; he is a member of the group legal blog Balkinization. He is a frequent speaker at universities in the United States, and has lectured in ten other countries. Luban served on the DC Bar's legal ethics committee, and chaired the Professional Responsibility Section of the Association of American Law Schools, as well as the American Philosophical Association's committee on law and philosophy.

Graham Stuart Lounge

David Luban Professor and Professor of Law and Philosophy, and the Acting Director of the Center on National Security and the Law Speaker Georgetown University
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