Vienna Declaration Research Articles

Role of Economic Rights in the Vienna Declaration and Programme of Action: What is missing in the discussion

This paper examines the Vienna Declaration and Programme of Action (VDPA), adopted in 1993, as a pivotal document in the post-Cold War era that aimed to consolidate and reaffirm universal human rights principles. While the VDPA successfully highlighted the rights of marginalized groups such as women, children, indigenous people, and those with disabilities, it notably falls short in addressing economic rights. The paper argues that the VDPA’s lack of clear guidance on economic rights is a significant omission, especially given the economic upheavals of the 1990s, including high unemployment and the transition to market economies. Through an analysis of primary and secondary sources, the paper reveals that the VDPA’s failure to include detailed provisions for economic rights leaves a critical gap in the protection of individuals’ right to economic participation and well-being. The conclusion calls for a reorganization of human rights frameworks to include economic rights as essential for the realization of human dignity and equality.

Analysis of the Challenges and Dilemmas in the Categorization of Economic, Social and Cultural Rights

This paper discusses the limitations associated with the basic classification of human rights into several categories. The topic of whether international trends have an impact on the State's view of the significance of implementing rights through the acceptance of individual complaint procedures is a complex one. Starting with an acknowledgment of the infinite extent of the issue, this paper displays a belief in the fallacious conceptions of differences in human rights. It investigates and assesses the institutional contribution to the advancement of human rights through a chronological analysis of historical processes that give rise to changes in the 20th century. To address this particular distinction, this paper looks to the 1993 Vienna Declaration and Program of Action and the new Optional Protocol for validation and endorsement. By highlighting many similarities in the language and nature of State responsibilities, it challenges the reader to consider whether non-justiciability provides a basis in the first place. The purpose of this paper is to investigate the function of dispute resolution mechanisms during the implementation phase. From a practical standpoint, it compels the reader to contemplate if the committee procedures outlined in international conventions serve just as symbolic representations of non-cooperation by States or are put into effect. This paper ultimately presents the reader with some thought-provoking material in the shape of the dichotomy between enforcement and justiciability.

PROTECTION OF HUMAN RIGHTS AND ENSURING SOCIAL JUSTICE - A UNITED NATIONS PERSPECTIVE

Social justice is a concept that evolved through industrial revolution and with the advent of socialist views on the organization of the society. The concept has its roots in Anglo Saxon political culture which dominated in 10th century. It does not find place in the Bill of Human Rights which comprised the Universal Declaration of Human Rights which was adopted by the General Assembly in 1948 to ensure fundamental human rights for all and the two Covenants adopted in 1966. Whereas Human Rights are inherent rights that one has because one is human. The Preamble of the Universal Declaration of Human Rights states that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Human rights and social justice are not synonymous and are two different concepts but they are closely linked. The Universal Declaration of Human Rights includes economic, social and cultural rights such as the right to health, security in the event of unemployment, and education. In 1966, these rights were brought into the International Covenant on Economic, Social and Cultural Rights (ICESCR), part of the International Bill of Human Rights. With this The Vienna Declaration and Programme of Action affirm that Human rights education should include peace, democracy, development and social justice, as set forth in international and regional human rights instruments, in order to achieve common understanding and awareness with a view to strengthening universal commitment to human rights. Thus, social justice is based on the concept of human rights and equality and can be defined as the way in which the human rights are manifested in the lives of people at various levels of society. This paper analyses the concept of social justice & human rights from the UN perspective.

Nutritional care is a human right: incorporating principles into clinical practice

The landmark Vienna Declaration (VD), initiated by the international human rights working group (IHRWG) and endorsed by more than 75 professional societies acknowledged that nutritional care is a human right alongside the right to food and the right to health. In a series of position papers the IHRWG have elaborated on the commitments required for translating human rights and ethical principles into clinical practice.1-3 The ultimate objective of the VD is to ensure all patients have a right to be screened and diagnosed for disease related malnutrition (DRM) then to receive evidence based artificially administered nutrition and hydration (AANH) administered by an interdisciplinary team of experts to positively impact clinical outcomes and survival. Unfortunately, nutritional care in hospitals and post discharge is frequently below standard and is not part of the patient's holistic care.2 Reasons include; inadequate education of healthcare professionals (HCPs), lack of malnutrition awareness, no reimbursement for nutrition treatments, or absence of public health policy.2,4

Intersexuality: The Role of Political Elite in Recognizing, Respecting, Protecting and Affirming Persons Born with Intersex Variations’ Human and Citizenship Rights in Tanzania

Intersex’ is an umbrella for persons born with variations of sex characteristics which may not correspond with societal and medical expected ‘male’ or ‘female’ bodies. Persons with intersex variations, therefore, are born with physical or biological characteristics that do not fit the typical definition for ‘male’ or ‘female’. In this paper I establish that there is no vivacious evidence that the Tanzania Government has taken stern measures to end discrimination against persons born with intersex variations in the country, and to ensure the right of bodily integrity, physical autonomy and self-determination as per demands and calls by The UN Human Rights Declarations and Resolutions, The Vienna Declaration and Programme of Action 1993, The Malta Declaration, 2013, the World Intersex Fora (that took place between 2011 and 2017), The Public Statement by the African Intersex Movement, 2017, and The African Commission on Human and Peoples’ Rights, 2023. Incontestably, awareness of intersex conditions and persons born with intersex variations’ human and citizenship rights is increasing among this population group, researchers, parents/guardians, activists and in the media in this country. Increase of awareness is likely to come with increasing revolt, which may provide the impetus for legal reform. The Tanzania government, therefore, ought not to wait for this ignominy to surface — rather should act now to end cosmetic and harmful surgeries and protect vulnerable infants and children born with intersex variations in this country.

Philosophy Concept of Restorative Justice in Handling Juvenile Delinquent

Restorative justice in handling juvenile delinquent occurs because of the juvenile justice system growth. The increasing number of institutions that guarantee the rights of children in juvenile delinquent at the courts has led more implementation of the criminal justice system that applies restorative justice. Alignment between the 2000 UN declaration as the main principles regarding the use of restorative justice programs in criminal matters, the Vienna Declaration on crime and justice, the XI UN congress in 2005 on crime and criminal justice as a basis for researchers who passionate to examine how philosophical concept of restorative justice in juvenile delinquent and how the mechanism for applying restorative justice in juvenile delinquent uses normative juridical research. After conducting research, the philosophical concept of restorative justice in handling juvenile delinquent can be seen from before the rise of Law Number 3 of 1997 concerning Juvenile Court which refers to the provisions of the Criminal Code Articles 45, 46, and 47 which contain the authority of judges in making decisions regarding types of crimes, types of punishment and the length of punishment for children, Law Number 3 of 1997 concerning Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In line with the philosophy of the mechanism for the application of restorative justice in handling juvenile delinquent, there are several regulations in Indonesia such as the Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling of Children who have not 12 years old and a certificate from the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 dated 22 December 2020 concerning Guidelines for the Implementation of Restorative Justice in the General Courts.

A Critical Analysis of the Indonesian Human Rights Action Plan 1998-2020

This article analyzes the emergence and development of the National Human Rights Action Plan (NHRAP) or Rencana Aksi Nasional Hak Asasi Manusia (Ranham) during Indonesian Reform era, 1998-2020. Ranham is recognized as a national strategic policy document that describes and explains; 1) how the state incorporates human rights principles and norms into its policies, and 2) how to measure its remarkable achievements. All Indonesian governments have adopted and implemented Ranham, which was enacted by Presidential Regulations during five phases in the two decades of the Reform era. Ranham was derived and mandated by the Vienna Declaration and Program of Action (VDPA) 1993. Up until recently, more than 70 states have formulated the Ranham, including Indonesia. This article discovers that the policy of Ranham during the Reform era reflects the national commitment to the human rights agenda. However, the lack of the conceptualization of human rights still impedes the development and reinforcement of the national human rights system.

Intimate partner Violence and Psychological Attributes during Pandemic - Violation of Right to Live with Dignity

Human Rights are inalienable. As stated by the UN Charter, gender equality is the fundamental right of every human being. As stated by the Vienna Declaration, women’s and girls’ rights are inalienable, integral, and form an indivisible part of universal human rights. The entire world has raised its voice and has reached its peak in the 1990s. India, precariously being a male-dominated society, has always looked down on a woman as a vulnerable group, to be dependent, owing to certain sociological, political, and biological conditions. Gender-based violence, as stated by the UN declaration, includes violence against women. It brings within it the broader framework of gender-based discrimination. In every nook and corner, we see and hear about violence against a girl child/ women irrespective of their age, caste, creed, social and economic conditions, and the happenings that shackle all humanity with ignominy. These instances profligately eliminate their basic human rights. Intimate Partner Violence is such a kind of violence, which is distinct from domestic violence and is most common among couples. It is a behavior prevailing in an intimate relationship that leads to physical, psychological, or sexual harm. It is restricted to marital status and extends to non-marital, extramarital relationships, dating couples, live-in relationships, and non-discriminatory. There are instances where women also abuse men in intimate relations. In cases of self-defense, women can be more violent against men. However, overwhelming instances illustrate women as victims in the hands of their male partners, existing or ex-partners. Though attached a social stigma to these relationships, the abuse meted in the hands of their perpetrators affects the physical and psychological traits. This paper mainly emphasizes the nature of Intimate Partner Violence, its instincts, the psychological disorders, and its effects on their right to live with dignity during covid-19 and concludes with possible suggestions and recommendations.

2.P. Round table: Covid-19 pandemic: the rise or downfall of public health

Abstract This year, we are celebrating 30 years of the European Public Health Association. But celebrating this after over two years of COVID-19 and the Russian reinvasion of Ukraine, invites us all to reflect on the use, misuse and non-use of public health. Over the years, our approach to public health has evolved. At the start of the 20th century, public health emphasized the inequalities created by the environments in which people lived, including housing, sanitation, and nutrition. By the end of the century, this extended to the political and commercial determinants of health and the concept of planetary health, which would later be encapsulated by the 2016 Vienna Declaration on Public Health. Given this comprehensive approach, supported by a much greater body of knowledge produced by many disciplines, public health should have been in the driver's seat when the world was hit with COVID-19. But it was not. Its expertise was often absent from COVID-19 response teams. Policies were often driven by panic in the face of visions of overwhelmed hospitals. Restrictions on mixing were essential until more was known about this new virus but there were failures to appreciate the impact that these measures would have on those already disadvantaged, many in precarious employment in public-facing jobs and overcrowded accommodation. As a consequence, existing health inequalities deepened. It seemed that much that had been learned over the preceding decades had been forgotten. In this roundtable, we seek to explain why, and what needs to change in order to refocus the centrality of public health on supporting and creating fair societies as a prerequisite for health for all. So, is COVID-19 the downfall or the new rise of public health? In this Round Table, we will discuss the questions as follows. 1. Where was public health during COVID-19? 2. Why were social factors ignored during COVID-19? 3. Why has public health not used/is not using the momentum created by COVID-19? 4. And the main question: How can we create a fair society? Key messages • Public health needs to strengthen its core activities. • Advocacy is a key role for public health. Speakers/Panellists Martin McKee LSHTM, London, UK Natasha Azzopardi Muscat WHO, Msida, Malta Dineke Zeegers Paget EUPHA Klaus D Pluemer Independent Public Health & Health Promotion Consultant, Duesseldorf, Germany Caroline Costongs EuroHealthNet, Brussels, Belgium

MAIN PRIORITIY AREAS AND PROBLEMS OF UKRZALIZNYTSIA’S DIGITALIZATION

In this paper we have outlined the main priority areas in digitalization of Ukrzaliznytsia according to the ones stated by the Community of European Railway and Infrastructure Companies in Vienna declaration, and also analyzed the current situation regarding digitalization in Ukrainian railway transport in each of these areas. The priority areas are Smart technical operations, Smart infrastructure, Smart freight and passenger transport, Smart ticketing, and Smart human resources. There are a few projects implemented by Ukrzaliznytsia (such as tracking rolling stock in real time with the help of the Internet of things, digital ticket, updating the automated "Monthly Plan" system, creating an electronic client's office, modernizing the customer service call center, etc.) and several ones which are in progress. Smart human resources appeared to be the less developed area in which there are no relevant projects, only regular professional development courses provided once in 4 years. Therefore we suggested digitalization of HR departments so that their specialists will be able to deal with great amount of employees’ documents more efficiently and therefore, boost effectiveness of dealing with personnel. Moreover, it might bring to life a shift to transparency, e.g. transparent application and recruitment process, transparent remuneration and feedback. But we should admit that a great problem connected with nepotism and corruption makes aforementioned shift highly unlikely and this is an urgent problem to cope with. Also, we have identified main problems impeding digitalization in Ukrzaliznytsia with the help of a cause-effect diagram (Ishikawa diagram). They appeared to be caused by financial factors (lack of investments), human factors (ineffective staff motivation and manager’s reluctance to change), technical factors (insufficient technical level of fixed asset) and organizational factors (no system approach to digitalization). To our mind, the crucial one that should be solved first is manager’s reluctance to change (due to corruption and outdated mindsets). It explains the absence of official Strategy or Programme of digitalization in Ukrzaliznytsia and consequently, a relevant department in its structure. Should this great obstacle be overcome, others will be solvable, especially with the help of European railways, as it is promised in Vienna Declaration on commitment to support Ukrainian Railways. The results obtained in the paper can be used in further research in this realm, particularly in working out Strategy of digitalization for Ukrzaliznystia.

The Committee on Economic, Social and Cultural Rights—The Power of Subjective Rights?

Abstract The perception of the nature and standing of economic, social, and cultural rights (ESCR) has significantly changed and more than ever corresponds to the spirit and letter of the 1993 Vienna Declaration and Programme of Action. However, it would be difficult to overlook the residual impact of the scepticism towards these rights. From the very beginning of its existence, the Committee on Economic, Social and Cultural Rights has devoted continuous efforts to address said scepticism, focusing, inter alia, on three fundamental issues: the dependence of the implementation of ESCR on the resources available to states; the general articulation of relevant standards; and the related denial of subjectivity and justiciability of these rights. This article sketches out the Committee’s interpretation of some of the provisions of the International Covenant on ESCR and its Optional Protocol that are key to the legal standing of the Covenant rights, such as the obligation to use the maximum of available resources, the principle of progressive realization of ESCR, the standard of reasonableness, and the essential (core) content of rights and the minimum core obligations of states. The article concludes that the Committee has made a considerable contribution to the recognition of the subjective nature and justiciability of ESCR. Looking at the Committees approach over the years since its creation, it can be seen that it has consistently developed its doctrine of interpretation of the Covenant and its standards. The case law under the OP not only serves the protection of victims but has also enabled the Committee to expand its interpretation of ESCR and apply them as subjective and justiciable rights.

Piecing the Puzzle—Women and Freedom of Religion or Belief

Despite the normative integration between freedom of religion or belief (FoRB) and women’s rights, the misperception that women’s rights and FoRB are clashing rights persists. This is compounded by the extensive religiously phrased reservations by States upon ratification of international treaties that amplify this misperception that FoRB serves to restrict women’s rights. The correctives to these misperceptions lie in reflecting upon the universality, indivisibility, interdependence and interrelatedness of all human rights norms (see the 1993 Vienna Declaration and Program of Action, article 1.5). They also lie in the realization that FoRB is a right like any other. FoRB is neither a right of “religion” as such nor an instrument for support of religiously phrased reservations and limitations on women’s rights.

A Significance of Human Rights

The present day human rights advocacy can be justified on grounds of ‘positive view of freedom’. This entails ‘the view that individual freedom in the full sense involves having an opportunity for self- realization... The political content of the positive view is that, if certain resources, powers or abilities are needed for self-realization to be effectively achievable, then having these resources must be considered part of freedom itself. It is on this basis that modem revisionary liberals have defended the welfare state as a freedom- enhancing institution: it is alleged to confer needed resources on individuals and thereby to expand their chances of freedom’.( Gray.l986:pp.57,58). The view of Bentham on natural rights and the statement of Maurice Cranston on human rights sets in motion the contemporary debate on human rights. On natural rights Bentham opined that “Right is the child of law; from real laws come real rights, but from imaginary law, from “laws of nature”, come imaginary rights...Natural rights is simple nonsense,, natural and imprescriptibly rights...rhetorical nonsense, nonsense upon stilts’.(Quoted in Cranston, Maurice 1967:p.44). According to Maurice Cranston, “The traditional human rights are political and civil rights such as the right to life, liberty and a fair trial. What are now being put forward as universal human rights human rights are social and economic rights such as the right to unemployment insurance, old-age pensions, medical services and holidays with pay. I have both a philosophical and political objection to this. The philosophical objection is that the new theory of human rights does not make sense. The Political objection is that the circulation of a confused notion of human rights hinders the effective protection of what are correctly seen as human rights.(Ibid.p.43). The views expressed by Cranston appealed to me as relevant on perusal of the Vienna declaration and Programme of action adopted by the World Conference on Human rights in Vienna on 25 June 1993.

THE INDIVISIBILITY OF CIVIL AND POLITICAL RIGHTS AND ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN CRPD

The separation of civil and political rights and economic, social and cultural rights has impeded the fulfilment of human rights. Thus, the concept of the indivisibility of both types of rights appears to assist the fulfillment of human rights. Later, CRPD came out and embodied civil and political rights alongside with economic, social and cultural rights. Hence, this research aims to find out how far the indivisibility of civil and political rights and economic, social and cultural rights applied in CRPD. There are two questions this research proposed to address. First: how the indivisibility of CPR and ESCR stipulated in international human rights instruments. Second: how the indivisibility of CPR and ESCR applied in CRPD. This research used qualitative research method which analyse regulations, literatures and documents related to the research. This research found out that the indivisibility of CPR and ESCR indicates that the fulfilment of CPR is unlikely to happen without the fulfilment of ESCR and vice versa. The indivisibility of CPR and ESCR have been mentioned in UDHR and Vienna Declaration but the CRPD is one of the international instruments which embodied this successfully. CRPD integrated CPR and ESCR into its provisions and provide mechanism and expansive way for states to fulfil the right of persons with disabilities. However, states still find difficulty to implement the obligations given by the CRPD.

Legal Protection Against Women Victims of Sexual Harassment Through Social Media (Cyberporn)

guarantee of protection and discrimination against women in Indonesia as contained in various international regulations including the Universal Declaration of Human Rights in 1948, then the International Covenant on Civil Rights. and Political Rights 1966, International Covenant on Economic, Social & Cultural Rights 1966, Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW, Convention on the Elimination of All Forms of Discrimination against Women) in 1979, the Vienna Declaration (1986), the Declaration on the Elimination of Violence Against Women in 1994, and the most monumental is the Beijing Declaration and Platform for Action (1995). The purpose of this study is to analyze the legal protection for women victims of sexual harassment through social media (cyberpron).

Intimate Partner Violence and Psychological Attributes - Violation of Right to Live with Dignity

Human Rights are inalienable. As stated by the UN Charter, gender equality is the fundamental right of every human being. As stated by the Vienna Declaration, women's and girls' rights are inalienable, integral, and form an indivisible part of universal human rights. The entire world has raised its voice and has reached its peak in the 1990s. India, precariously being a male-dominated society, has always looked down on a woman as a vulnerable group, to be dependent, owing to certain sociological, political, and biological conditions. Gender-based violence, as stated by the UN declaration, includes violence against women. It brings within it the broader framework of gender-based discrimination. In every nook and corner, we see and hear about violence against a girl child/ women irrespective of their age, caste, creed, social and economic conditions, and the happenings that shackle all humanity with ignominy. These instances profligately eliminate their basic human rights. Intimate Partner Violence is such a kind of violence, which is distinct from domestic violence and is most common among couples. It is a behavior prevailing in an intimate relationship that leads to physical, psychological, or sexual harm. It is restricted to marital status and extends to non-marital, extramarital relationships, dating couples, live-in relationships, and non-discriminatory. There are instances where women also abuse men in intimate relations. In cases of self-defense, women can be more violent against men. However, overwhelming instances illustrate women as victims in the hands of their male partners, existing or ex-partners. Though attached a social stigma to these relationships, the abuse meted in the hands of their perpetrators affects the physical and psychological traits. This paper mainly emphasizes the nature of Intimate Partner Violence, its instincts, the psychological disorders, and its effects on their right to live with dignity and concludes with possible suggestions and recommendations.

BIREGIONAL COOPERATION FOR ADVANCING GAMIFICATION IN TRANSPORT POLICIES AND INFRASTRUCTURE IN THE EUROPEAN UNION AND LATIN AMERICA AND THE CARIBBEAN

The globalization process is constantly growing and actors in the international scene have to find ways to adapt to the changes that this makeover involves. Therefore, there has been an increased cooperation between the European Union and Latin America and the Caribbean in many policy areas, including transport, especially in terms of access, affordability and sustainability. The Vienna Declaration of the Fourth ALC-UE Summit of Heads of State and Government from 2006 mentions the encouragement towards European and Latin American and Caribbean financial institutions to support physical integration by means of interconnectivity, network infrastructures, notably in the fields of energy, transport, telecommunications and research. The Lima Declaration of the Fifth ALC-UE Summit of Heads of State and Government from 2008 moves a step forward and comprises the fact that the states from the two regions will develop bi-regional energy cooperation regarding improvement of energy services, inter alia, in the metropolitan public transport. Moreover, the Madrid Declaration of the Sixth ALC-UE Summit of Heads of State and Government from 2010 refers to energy savings in all sectors of the economies, including transports, meanwhile the Santiago Declaration of the First UE-CELAC Summit of Heads of State and Government from 2013 prioritises the improvement of policies and providing, among others, adequately resourced basic health services, water and sanitation, housing, education, public transport and energy, besides strengthening the Latin America Investment Facility, to improve integration, energy and transport infrastructures, energy efficiency, renewable energy. Therefore, this paper aims to analyse best practice cases from both regions in terms of gamification of transport policies and infrastructure, in order to highlight the the potential of the biregional consolidated cooperation for advancing gamification (in view of modern, sustainable, affordable, efficient transport policies, networks and infrastructure), the financial and political instruments that can be used in this sense and the mutual benefits that it would bring for the participant actors.

Women’s right to health – modern challenges: international legal aspect

The article contains a detailed analysis of international legal acts regulating women's right to health; the focus is on problematic aspects that need to be addressed, including: violence, HIV / AIDS, protection during a pandemic of COVID-19. The article highlights the provisions of the following universal and regional acts of a general nature: the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Declaration on the Elimination of Violence against Women (1993), Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (2011), Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (2003). The article also covers proceedings of international intergovernmental forums, strategic documents, reports of the UN Secretary-General focusing on the general protection of women's rights and, in particular, the right to health, including the Vienna Declaration and Program of Action (1993), the Beijing Declaration (1995), Global Strategy for Women's and Children's Health (2010), Global Strategy for Women's, Children's and Adolescent's Health (2016-2030), Strategic Preparedness and Response Plan (2020), Report of the Secretary-General UN "Shared Responsibility, Global Solidarity: Responding to the Socio-Economic Impacts of COVID-19" (2020) etc. The emphasis is placed on the importance of general and special recommendations developed by international treaty monitoring bodies - the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women in the field of women's health, which oblige states to comply with, protect and enforce rights in this area. In order to improve the situation in the field of protection of women's rights, the appropriate conclusions and recommendations on the im-plementation of the provisions of these acts into national state legislation have been made.

Dilemma in localising international law in the drafting process of Thailand’s human rights action plan

ABSTRACT The Vienna Declaration 1993 is an important instrument that provides a platform for creating a national human rights plan. This paper focuses on the practical aspect of localising international law in the drafting process of Thailand's human rights action plan. It argues that while the drafting process can serve as an argument against the existing criticism concerning the “supra-national” character of international law in the alienation of the local participation, the process also gives rise to the dilemma of public participation, which the paper calls “a national standardisation” on important human rights issues, namely the rights to social welfare of migrant workers and their dependants, and the abolition of capital punishment.

Displacement from land as a limit to the realisation of the right to development in Ethiopia

Land remains a valuable asset to the Ethiopian rural population that constitutes approximately 85 per cent of the total population. Land and development are inextricably intertwined in developingagricultural economies such as Ethiopia and the majority of other African countries. Any meaningful social, economic and cultural development or self-determination of the people depends on how land is protected, guarded and defended by those who wield government powers. The state assumes, under human rights law, an obligation to respect land and other property rights and to prevent violations of the people’s rights by third parties and against property dispossession during internal conflicts. While the past few months have seen rapid and complex new developments–literally transforming the landscape of Ethiopian politics – these developments also bring certain dangers. Prominent among these are the large-scale internal conflicts and major population displacements that have caused appalling suffering to hundreds of thousands of Amhara and Oromo people and other ethnic groups. It is over three-and-a-half decades since the right to development gained universal recognition as an inalienable human right. The Vienna Declaration and Programme of Action adopted in 1993 firmly underlines the universal recognition of the right to development. The right to development has also gained domestic recognition in many African countries, including Ethiopia, where it is explicitly enshrined in the Federal Constitution as one of the fundamental rights. Using available literature, this article examines the implications of displacement from land and investigates its impacts on the non-realisation of the right to development by inquiring how displacement and the human right to development are being pursued in Ethiopia. Considering the continued displacement from their lands and the implications for the right to self-determination of the various ethnic groups over their property, the article advances the argument that, without a strict adherence to land rights, the 2063 and 2030 agendas for sustainable development would fail to achieve their purpose in making living standards better for the vast majority of the people of Ethiopia.