Global Charter-Agenda for Human Rights in the City

Global instruments include: the UN Charter (UNCH), the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Regional instruments include: the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms (and protocols) and the European Social Charter, the American Convention on Human Rights and the African Charter of Human and Peoples Rights. The regional human rights system is strong in Europe, less so in the Americas, weak in Africa and non-existent in the Middle East and Asia.

Subsidiary instruments include: the conventions with respect to labour, refugees, racial discrimination, torture, women, children and migrant workers.

I have compiled a Human Rights Instruments and States Obligations Matrix, to serve as reference map of the complex territory of the sources. The Matrix is attached.
I shall confine myself to the global instruments with respect to the Charter-Agenda.


Ordinary and human rights
Rights whether ordinary or human have correlated duties. Human rights are inherent in human beings. They are what Hart (reference omitted) describes as general rights rather than special rights since they are universal to all humanitydeclarations and conventions of human rights do not create and give rights to human beings. They simply announce the rights that human beings have.

This distinction between ordinary and human rights is important for the Charter-Agenda to be clear about, as the functions of the duty-holder vary in relation to them. The function of the national government in relation to human rights is different from its function in relation to ordinary rights. For the latter, the governments only concerns are to provide an adequate framework of domestic laws to define who has what rights, against whom, and in what circumstances.By contrast, human rights are primarily claims against the public authorities of the State itself either to remain free from interference with them, or to require them to act in some specific fashion. For any human right, the correlative duty falls in the first instance on the authorities of the State itself, not on other members of the community.

Territorial and institutional applications
In regard to the domestic territorial applications of the international human rights instruments, the provisions of their respective covenants extend to all parts within the jurisdiction of the Statewhether unitary or federal (UDHR 2; ICCPR 50; ICESCR 10). Likewise, concerning the institutional application, the provisions extend to all public authorities of the State, which include municipal or local authorities.

Delegation of obligations
It is the obligation of the public authorities of the State to respect, ensure, protect and fulfil human rights. The delegation of obligations and the extent, to such parts of the States, as municipal or local authorities is a complex matter.

The Charter-Agenda is a global declaration of the United Cities Local Government Organizations (UCLG). The members are municipal or local authorities, that is, a category of public authorities of their respective States. They are directly or indirectly duty-holders. There is no exception or exemption. Therefore, the questions the Charter-Agenda requires to resolve are:
a) What are the human rights that ought to be delegated to municipal or local authorities?
b) What is the extent of the obligations of the State that ought to be delegated to municipal or local authorities?
c) How to reach agreement on the delegation of human rights and the extent of obligations to municipal and local authorities?
d) What factors and difficulties might inhibit the municipal or local authorities to fulfil the obligations of the State, within their respective territories and communities?

The global scope of the Charter-Agenda requires thinking on how best to achieve its global fit, given the heterogeneity of the cities within and across the states, and their existence within national human rights systems, both strong and weak or nascent and institutionalized. For example, the Kenyan national human rights system is nascent, whereas the South African one is more institutionalized. Moreover, the Kenyan capital city of Nairobi has very limited autonomy and its legal authority is limited to enacting only by-laws and not laws. What would be an appropriate fit between the Charter-Agenda and a city such as Nairobi, in comparison to Barcelona?

Norms for the Charter-Agenda
The global human rights instruments by themselves enumerate a significant number of rights and freedoms, that is, the substantive and procedural norms. How can they be classified so that they have practical utility? A classification exists, which is designed purely to be functional and to facilitate ease of reference regardless of the instruments in which they appear or any of the sequence followed within these instruments.

The main categories of the Sieghurt classification include: Physical Integrity; Standard of Living; Health; Family; Work; Social Security; Assistance and Welfare; Education and Training; Property; Legal Integrity; Mental and Moral Integrity; Joint Activities; Politics and Democracy and Collective Rights.
I suggest a catalogue of human rights norms for consideration for the Charter-Agenda, based on the above classification of categories (and sub-categories). It is for illustration purposes, a human rights pool to draw on. I have confined myself to the provisions of the covenants of the global instruments. The catalogue is annexed. The question to resolve is: What categories and the provisions of the covenants of global instruments are to be included or excluded from the Charter-Agenda, and why?

For example, the connection of the human rights provisions for torture and ill-treatment may not be obvious on the face of it. But when brutal, punitive and forced evictions occur in cities, in principle the provisions of UDHR (5) and ICCPR (7) are invoked. It is because such evictions cause inhuman or degrading treatment or punishment. The correlative State obligation with respect to the referred covenant is absolute and immediate.


Standards and indicators
The committees of the covenants (ICCPR, CSECR) assume standard setting and indicators development work with respect to the provisions of the covenants. They issue General Comments, to define the normative content of the rights, State obligations and those of non-state actors, including violations. The Charter-Agenda should take advantage of these achievements, in addressing standards and indicators.

Annex: Catalogue of Human Rights Norms

It is for deliberation on the normative content of the Global Charter-Agenda of Human Rights in the City. It includes the provisions of UDHR, ICCPR and ICESCR.

Physical Integrity
1. Life
UDHR
3. Everyone has the right to life.
ICCPR
6 (1) Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
State Obligation: Absolute and immediate under ICCPR.
2. Liberty and security; arrest and detention
UDHR
3. Everyone has the right toliberty and security of person.
9. No one shall subject to arbitrary arrest or detention.
ICCPR
9 (1) Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.
State Obligation: Absolute and immediate under ICCPR.
3. Torture and ill-treatment
UDHR
5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
ICCPR
7. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
State Obligation: Absolute and immediate under ICCPR.
4. Freedom of movement
UDHR
13 (1) Everyone has the right to freedom of movement and residence within the borders of each state.
ICCPR
12 (1) Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
State Obligation: Absolute and immediate under ICCPR.

Standard of Living
UDHR
25 (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstance beyond his control.
ICESCR
11 (1) The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
State Obligation: Qualified and Progressive under ICESCR.

Health
UDHR
25 (1) Everyone has the right to a standard or living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services.
ICESCR
12 (1) The State Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
(2) The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of the infant mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.
State Obligation: Qualified and progressive under ICESCR.

Family
1. Marriage and Family
UDHR
UDHR 16 (1) Men and women of full age, without any limitation due to the race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and its dissolution.
(3) The family is the natural fundamental group unit of society and is entitled to protection by society and the State.
ICESCR
10. The States Parties to the present Covenant recognizes that:
(1) The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.
State Obligation: Qualified and progressive under ICESCR

2. Mothers and Children
ICCPR
24 (1) Every child shall have, without any discrimination as to race, color, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
State Obligation: Absolute and immediate under ICCPR.

Work
1. The right to work
UDHR
23 (1) Everyone has the right to work, to free choice of employmentand to protection against unemployment.
ICESCR
6 (1) the State Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.
State Obligation: Qualified and progressive under ICESCR.

2. Pay and Conditions of work
ICESCR
7. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favorable conditions of work, which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed condition of work not inferior to those enjoyed by men, with equal pay for equal work.
(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;
(b) Safe and healthy working conditions
State Obligation: Qualified and progressive under ICESCR.
3. Slavery, servitude, forced labour
UDHR
4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
ICCPR
8 (1) No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

(2) No one shall be held in servitude.

(3)(a) No one shall be required to perform forced or compulsory labour.
State Obligation: Absolute and immediate under ICCPR.

Social Security, Assistance, and Welfare
UDHR
22. Everyone as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
25 (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in the circumstances beyond his control.
ICESCR
9. The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.
State Obligation: Qualified and progressive under ICESCR.

Education and Training
UDHR
26 (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
(14) Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years to be fixed in the plan, of the principle of compulsory education free of charge to all.
ICCPR
18 (4) The State Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
State Obligation: Absolute and immediate under ICCPR.
13 (1) The States Parties to the present Covenant recognize the right of everyone to education, They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethic or religious groups, and further activities of the United Nations for the maintenance of peace.
(2) The States Parties to the present Convention recognize that, with a view to achieving the full realization of this right:
a) Primary education shall be compulsory and available free to all.
b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education.
c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education.
d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education.
e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.
(3) The State Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians, to choose for their children schools, other than those established by he public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.
(4) No part of this Article shall be construed so an to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph 1 of this Article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Property
UDHR
17 (1) Everyone has the right to property alone as well as in the association with others.
(2) No one shall be arbitrarily deprived of his property.

Legal Integrity
1. Recognition before the law
UDHR
6. Everyone has the right to recognition everywhere as a person before the law.
ICCPR
16. Everyone shall have the right to recognition everywhere as a person before the law.
State Obligation: Absolute and immediate under ICCPR.

2. Equality before the law
UDHR
7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
ICCPR
14 (1) All persons shall be equal before the courts ands tribunals.
State Obligation: Absolute and immediate under ICCPR.
3. Fair Trial
UDHR
10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunals, in the determination of his rights and obligations and obligations and of any criminal charge against him..
4. Retroactive penal laws
UDHR
11 (1) Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.
ICCPR
14 (2) Everyone charged with a criminal offense shall have the right to be presumed innocent until proven guilty according to law.

14 (3) In the determination of any criminal charge against him, everyone shall be
entitled to the following minimum guarantees in full equality
State Obligation: Absolute and immediate under ICCPR.

Mental and Moral Integrity
1. Dignity, personality, and name
UDHR
1. All human beings born free and equal in dignity and rights that are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
29 (1) Everyone has duties to the community in which alone the free and full
development of his personality is possible.
ICCPR
24 (2) Every child shall be registered immediately after birth and shall have a name.
State Obligation: Absolute and immediate under ICCPR.
2. Privacy, honor and reputation
UDHR
12. No one shall be subjected to arbitrary interferences with his privacy, family, home or correspondence, nor to attack upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
ICCPR
7 (1) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation
(2)Everyone has the right to the protection of the law against such interference or attacks.
State Obligation: Absolute and immediate under ICCPR.
3. Thought, conscience, and religion
UDHR
18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in a community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

ICCPR
18 (1) Everyone shall have the right to freedom of though, conscience and religion. This right shall include freedom to have or to adopt a religion or belief on his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
(4) The State Parties to the present Covenant undertake to have respect for the
liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own conviction.
State Obligation: Absolute and immediate under ICCPR.
4. Culture, arts, and science
UDHR
27(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
ICESCR
15 (1) The State Parties to the present Covenant recognize the right of everyone:
(a)to take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests resulting form any scientific, literary or artistic production of which he is an author.
(2) The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.
State Obligation: Absolute and immediate under ICESCR.


Joint Activities
Assembly
UDHR
20 (1) Everyone has the right to freedom of peaceful assembly
ICCPR
21. The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in democratic society in the interest of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.
State Obligation: Absolute and immediate under ICCPR.

Politics and Democracy
UDHR
21 (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right to equal access to public service in his country.
(3) This will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
ICCPR
25. Every citizen shall have the right and the opportunity, without any of the distinctions mention in Article 2 and with ought unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal of the electors.
(c) To have access, on general terms of equality, to the public service in his country.
State Obligation: Absolute and immediate under ICCPR.

Collective Rights
1. International peace and security
UDHR
28. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully released.
ICCPR
(2) Any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
State Obligation: Absolute and immediate under ICCPR.
2. Minorities
ICCPR
27. In those States in which ethnic, religious, or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.
State Obligation: Absolute and immediate under ICCPR.