UNIVERSITY OF BOTSWANA DEPARTMENT OF LAW SECOND SEMESTER 2011/2012 LAW 437, HUMAN RIGHTS LAW COURSE OUTLINE AND

READING LIST VISITING PROFESSOR NAOMI ROHT-ARRIAZA OFFICE NO: 230/127 EXTENSION: 3552334 OFFICE CONSULTATION TIMES: T 1400 1600, R 1300-1400

I. COURSE DESCRIPTION The prospect of an international society based on the concept of the rule of law, where every human being regardless of race, gender, religion, or nationality is treated with equal care and concern is becoming increasingly promising. While theoretical and practical obstacles are tremendous, the number of individuals and groups committed to the idea of a political order in which human dignity is protected in accordance with fair and just principles that transcend racial, sexual, religious, and national boundaries is on the rise. This course will provide an overview of international human rights, with an emphasis on the usefulness of international and regional mechanisms. Since the historic day i.e 10th December 1948 when the Universal Declaration of Human Rights was adopted by the General Assembly of the United Nations, more than sixty years have passed. During this period the movement of human rights has spread all over the world. It did not take long for human rights to become

permanent part of, not only Public International Law, but also of the Domestic Law of many countries, including Botswana. The course will focus on the meaning of human rights, the content of human rights treaties, and the global and regional machinery for the enforcement of rights. We will also look at the application of human rights by the courts of Botswana, South Africa, the United States and other countries. We will spend about a quarter of the course looking at the responses to international crimes and violations of international humanitarian law. We will also consider the human rights obligations of non-state actors, especially corporations. III. COURSE REQUIREMENTS: The minimum requirements for successful completion of this course are regular reading, active participation in class discussion and timely completion and submission of assignments. We will do a number of role plays and simulations and you will need to fully participate and to read the assigned cases and materials carefully. Academic freedom is a hallmark of education and is especially important in a course of Human Rights. All class members are permitted to freely express their opinions within the class without fear. Our opinion belongs to us as individuals and free thinkers within an ocean of diversity. Class members are welcome to challenge differing opinions for the benefit of academic discourse and this type of critically challenge will form and important part of our learning. However, principles of basic respect and tolerance must be adhered to by all class members. Mutual respect and tolerance breeds respect for human rights and is necessary ingredient to any class-room. Constructive criticism enhances learning for all and fosters honesty and accountability for the individuals and the class. IV. TEACHING METHOD: A combination of different methodologies will be used in the presentation of the course. Class lectures will be combined with Socratic questioning and assignments. On specific topics of the course, case studies will also apply. We will do a lot of work in small groups. Guest speakers will be invited to share their experience and knowledge on selected topics.

Students will be expected to assume responsibility for their own learning and the extent of their knowledge at the end of the course will depend on the effort they put into the course. When I assign a case or other materials, I expect you to read it carefully and be prepared to discuss it. The class materials will be available on the class website, and you may also find additional materials on your own. I also expect you to download and have available the major human rights treaties as we discuss them. The cases have been selected to illustrate the principles discussed in lectures and how courts deal with human rights violation issues. There is repetition in some instances, deliberately so, to illustrate and consolidate. I am much less interested in your ability to memorize materials than I am in your ability to apply the rules and ideas in the cases to new facts, to make reasoned arguments, and to analyse the best strategies to represent your client in a human rights case.

V. AIMS AND OBJECTIVES The course is intended: a. To improve their problem solving skills b. To provide opportunities to practice the type of tasks which they will be required to perform in the examination at the end of the course; and c. To give them some idea of the requirements of group work they operate as a member of a team. A test will be conducted towards the end of the course. While tests are primarily an assessment mechanism, an additional purpose of this test is to prepare students for the examination. There will also be at least one ungraded paper, which must nonetheless be turned in to receive credit. Class participation (quality not quantity!) will be 10% of the grade, completion of exercises will be 15% of the grade, the test will be 15% of the grade, and the final examination will be worth 60% of the grade. VI. STUDENT RESPONSIBILITIES

1. Late coming will NOT be tolerated. An attendance register will be kept and regularly reconciled. 2. Students should study assigned readings prior to coming to class, and should be prepared to discuss assigned materials for scheduled topics. I will call on groups of students who will be responsible for discussing the assigned material, but I reserve the right to call on others as needed. 4. All assignments must be handed on the submission date failing which the work will not be counted as submitted. VII. COURSE CONTENT IN DETAIL Chapter 1 (week 1) meaning and Historical background of Human Rights a. b. c. d. Chapter 2 What are human rights Its meaning and Definition, Origins of Human rights law, Human rights before United Nations and in regional systems.

Sources of International Human Rights Law (week 1) a. b. c. d. e. International treaties International custom, Other international instruments (soft law) Jus cogens/peremptory norms Judicial decisions and national law

Chapter 3

Civil and Political Rights (weeks 2-4) a. ICCPR b. Non-derogable rights and torture c. Non-discrimination and protection of minorities

d. Treaties re specific groups: women, children, minorities, migrants, disabled, indigenous peoples Chapter 4 Economic, Social and Cultural Rights (weeks 5-6) a. Interdependence of human rights and CESCR b. The nature of the obligations c. Collective and individual human rights d. Emerging issues: non-state actors and rights Chapter 5 International Institutional arrangement for the protection of Human rights (week 7) a. United Nations treaty bodies and Human rights b. The UN Charter and Human rights, Chapter 6 (weeks 8-10) Regional mechanisms for the protection of human rights

a. b. c. d. Chapter 7

European system: limits on rights Inter -American system: exhaustion and remedies African System: evolution and possibilities Other regional systems

International Human Rights standard under the Constitution of Botswana/the Recognition and Protection Human Rights under the Constitution of Botswana. (guest lecture) (week 11) International Humanitarian Law Laws of war (week 12) a. Definitions and development of IHL b. Contents of Humanitarian Law -1949 Geneva Conventions, 1977 Protocol c. Implementation and enforcement: the emergence of international criminal law

Chapter 7

Chapter 8 13-15)

International Criminal Law and Transitional Justice (weeks

a. The definition of international crimes: genocide, crimes against humanity and war crimes b. The ad-hoc and hybrid tribunals c. The International Criminal Court simulation d. Universal jurisdiction and the Pinochet case e. Transitional justice: truth commissions, reparations and reform f. Customary practices in transitional justice

Prescribed Text H.,Steiner & P.,Alston, International Human Rights in Context,Oxford,2000, 2007, 2010. F.M. Francisco, J.S.Stephen, R.J Wilson, J.S. Simon & M.V. Tushnet,International human rights and Humanitarian law- Treaties, Cases & Analyses, Cambridge,2007. Recommended Texts 1. 2. 3. 6. 7. Weissbrodt and de la Vega, International Human Rights (2010). M.,Hamalegwa,The International Law of Human Rights in Africa, The Hague,1997. I., Brownlie, Basic Documents on Human Rights, (3rd ed), O.U.P., 1994. Clayton, Richard, The Law of Human Rights,Oxford, (Vol I&II),2000. Davidson, Scott,Human Rights,Open University Press,1993.