Human Rights

This conference, organized by The Europe Center, Mills Legal Clinic at the Stanford Law School and the Research Center for Human Rights at the University of Vienna, will focus on practice-based human rights education in Europe and the United States.  Please see the attached agenda for the session topics, times and speakers.

Co-sponsored by the Stanford Human Rights Center, the Haas Center for Public Service, the John and Terry Levin Center for Public Service and Public Interest Law, and the WSD HANDA Center for Human Rights and International Justice.

"2015 Stanford-University of Vienna Conference on Innovative Experiential Pedagogy" Agenda
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Crown Room 301
Stanford Law School
559 Nathan Abbott Way

 

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Cover of the book "Crossing Heaven's Border," showing a defector looking at North Korea across the border with China.

From 2007 to 2011 South Korean filmmaker and newspaper reporter Hark Joon Lee lived among North Korean defectors in China, filming an award-winning documentary on their struggles. Crossing Heaven’s Border is the firsthand account of his experiences there, where he witnessed human trafficking, the smuggling of illicit drugs by North Korean soldiers, and a rare successful escape from North Korea by sea.

As Lee traces the often tragic lives of North Korean defectors who were willing to risk everything for their hopes, he journeys to Siberia in pursuit of hidden North Korean lumber mills; to Vietnam, where defectors make desperate charges into foreign embassies; and along the 10,000-kilometer escape route for defectors stretching from China to Laos and to Thailand. 
 

Desk, examination, or review copies can be requested through Stanford University Press.

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Please note new location in the

Reuben Hills Conference Room ("East" Conference Room)

Encina Hall, 2nd floor

Abstract: In 1977, the Carter administration began working to implement a new guiding strategy for US foreign policy, oriented toward the promotion of human rights and the management of economic interdependence among the advanced industrialized countries. Carter’s world order politics reflected both the oversights of the Nixon years and the influence of the Trilateral Commission. To manage economic globalization, the Carter administration promoted policy cooperation, its efforts culminating in the Bonn summit of the G-7 in 1978. To promote human rights, the Carter administration devised guidelines for tethering military and financial aid to foreign nations to human rights standards, and applied them with particular rigor in Latin America. By late 1978, however, Carter’s world order politics was already encountering difficulties: the administration’s human rights policy lacked consistency; policy coordination failed to stabilize the liberal world economy; and Iran, a longtime US ally, was imploding.

About the Speaker: Daniel Sargent is assistant professor of history at the University of California, Berkeley. He received his BA from Christ’s College, Cambridge in 2001 and his PhD from Harvard University in 2008. He has held fellowships at the Olin Institute for Strategic Studies at Harvard University and at International Security Studies at Yale University. He is the author of A Superpower Transformed: The Remaking of American Foreign Relations in the 1970s (Oxford University Press, 2015) and a co-editor of The Shock of the Global: The 1970s in Perspective (Harvard University Press, 2010). He is now working on two book-length projects: a history of international economic governance in the modern era and a study on the uses of history and historical thinking in U.S. foreign policy. To purchase A Superpower Transformed: The Remaking of American Foreign Relations in the 1970s, please follow this link to Oxford University Press.

 


Chapter 8, "World Order Politics"
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World Order Politics: The Carter Administration’s Bid for a New U.S. Foreign Policy (and What We Can Learn From It)
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Encina Hall (2nd floor)

Daniel Sargent Assistant Professor of History Speaker University of California - Berkeley
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The final class will pose nine questions, each question digging into
each of the nine topics covered over the quarter.  Pizza at 6pm!

Bechtel Conference Center, EncinaHall

Helen Stacy
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Gi-Wook Shin
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Last spring two North Korean defectors visited Stanford University from Seoul to share their experiences in the North. Hosted by Stanford's Korean Student Association, the event was held to increase awareness of North Korean human rights issues in the Stanford intellectual community. In fact, the Association hosts "North Korean Human Rights Night" every year. Stanford is not alone in this; many other leading American universities across the country, often also led by Korean American students, convene similar gatherings.

In the summer of 2012, Silicon Valley IT giant Google, a Stanford progeny and neighbor, hosted a conference on how technology can be used to disrupt illicit global networks, such as trafficking in human beings, human organs, and weapons. Ten North Korean defectors, ranging from former elite party members to forgotten orphans, flew in from Seoul to participate. They shared their extraordinary stories of survival amid excruciatingly painful quests for freedom.

Growing pressure on Pyongyang

These two stories are not isolated episodes. They reflect a recent trend of the international community paying dramatically more attention to North Korean human rights issues. Most notably, last month the United Nations General Assembly passed a resolution to put North Korean human rights violations on the U.N. Security Council's agenda, despite objections from China and Russia. International pressure has been intensifying on Pyongyang since the release last year of a U.N. report documenting a network of political prisons in the North and atrocities that include murder, enslavement, torture, rape and forced abortions.

While concerns about North Korean human rights are longstanding at the U.N., this was the first time the U.N. Security Council ever debated the isolated country's human rights situation. In the past the international community focused primarily on curbing North Korea's nuclear programs. Now human rights in North Korea have become a matter rivaling the nuclear issue in seriousness and global attention. Its importance appears likely to continue to grow in the coming years.

That the human rights situation in North Korea is appalling was never a secret. Defectors have produced some searing accounts of life in the North Korean gulag. Why then did the international community largely ignore it until recently?

Partly this was a product of the priority given to security issues. But it also has to do with the closed nature of the regime and Cold War dynamics that made many people in the international community doubt that the situation could be as bad as some asserted. Pyongyang made it virtually impossible for foreign journalists to report out of the country, much less obtain video that could dramatize the situation of the ordinary people of North Korea for an international audience.

Moreover, some Western observers suspected that those focusing on North Korea's human rights situation were trying to demonize the regime for political and strategic purposes. Others, such as China and Russia, stayed away from supporting international criticism of North Korea's human rights situation, apparently for fear of opening up their own human rights situation to heightened international scrutiny. In any event, with few practical means to address the North Korean human rights situation, the international community paid little heed to the problem until the end of the cold war.

Unspeakable atrocities

Then, the great famine in North Korea in the mid-1990s led to many more North Koreans leaving their country and seeking temporary relief in China. More than ever they traveled on to the South and brought their life stories with them. One consequence has been an enormous increase in the amount of information available about circumstances inside North Korea, not least due to the flow of information into the country and the use of cell phones and other technology to get reports out. Along with changing international norms about human rights, this contributed to a dramatic growth during the past decade in the number of people, organizations and states throughout the world actively focusing on human rights in North Korea. In South Korea alone, there are many NGOs, often led by North Korean refugees, that work on North Korean human rights issues.

In a logical conclusion to these developments, a special United Nations Commission of Inquiry in February 2014 published a report detailing what it called "unspeakable atrocities" in North Korea. The head of the inquiry sent a letter to Kim Jong Un, warning, in effect, that Kim himself might be brought before the International Criminal Court. While the U.N. Security Council has not yet taken concrete action, the fact that it placed North Korea's human rights record on its agenda means that, theoretically at least, it can now at any point take the next step of referring these crimes against humanity to the International Criminal Court.

How, then, should we deal with the human rights situation in North Korea? While it is not difficult to condemn the current condition on moral and ethical grounds, it is much more challenging to adequately address it in practical terms, especially when the Democratic People's Republic of Korea reacts extremely negatively on such condemnation and uses it as a reason for not engaging on this issue.

For instance, the North Korean human rights situation remains one of the most divisive issues between conservatives and progressives in South Korea. South Korean conservatives advocate a very active program of publicizing and condemning North Korea's human rights situation. Many support steps such as taking the matter before the International Court of Justice with the aim of charging North Korea's leaders with crimes against humanity. Conservatives argue not only that this is the morally correct approach but also that it would put increased pressure on the regime to reform, if not contribute to its collapse.

South Korean progressives, on the other hand, while acknowledging the seriousness of the situation, are adamant that focusing on it will not serve to improve the situation. Instead, they say, by making the regime feel even less secure, it would actually worsen the human rights situation in North Korea as well as hurt efforts to improve inter-Korean relations. Progressives therefore argue South Korea should instead focus for the time being on state-to-state dialogue while providing aid to the North. This would reassure Pyongyang, they say, and eventually contribute to its taking its own reform measures, including improving the human rights situation.

As a result of these very different views, the Republic of Korea has adopted significantly different policies depending on whether a progressive or a conservative leader occupies the Blue House. When progressives Kim Dae-jung and Roh Moo-hyun were president, the ROK often abstained on votes in UN bodies addressing North Korea's human rights situation. In contrast, conservative governments voted in favor of international criticism of North Korea's human rights situation and sometimes took the lead in raising the issue.

A coordinated effort

Meanwhile, South Korea's National Assembly has for years been unable to pass a North Korean human rights bill at all. Progressives favor "human rights" legislation that deals primarily with providing humanitarian aid to the North, consistent with their perspective on the problem's roots, while conservatives have drafted a bill that focuses on human rights along the lines of the United States' North Korea Human Rights Act, first passed in 2004.

For its part, the U.S. itself became focused on human rights only about a generation ago. It was not until the administration of President Jimmy Carter (1977-81) that the U.S. embraced an activist policy placing international human rights near the top of its foreign agenda. Before then, the U.S. fiercely criticized communist states, but mostly because of the nature of their regimes rather than their human rights practices per se.

Today democratic governments throughout the world routinely criticize aspects of the human rights situations even in friendly and allied countries, not just in those of adversaries. Actions on behalf of human rights that in earlier decades would have been deemed unacceptable "interference in domestic affairs" now enjoy international legitimacy and broad support. Concepts such as the "responsibility to protect (R2P)," which many Japanese have promoted, assert that national sovereignty is not absolute and that the international community must intervene to stop situations where the regime is unable to protect its people.

While concern is well-taken that a focus on the North Korean human rights situation would burden any engagement effort with Pyongyang and, moreover, would not improve the lives of the people of North Korea in the short- to mid-term, we cannot ignore the human rights situation. Any policy toward the North must take into account that the North Korean human rights issue has developed dramatically in recent years.

For South Korea, this requires a principled but nuanced approach. It has long been the primary center for research on North Korean human rights, with the Korea Institute for National Unification producing its annual White Paper since 1996, but it needs to establish a bipartisan body to develop programs to effectively address those areas most in need. It should also support all important and accurate criticism of North Korea's human rights situation at the United Nations and other international organizations.

However, South Korea may not take the lead in addressing North Korea's human rights abuses, while increasing the humanitarian provision of nutritional assistance and public health services in North Korea without linkage to the nuclear issue. Such an approach would deprive North Korea of the argument that South Korea is not actually concerned about human rights but is using the issue as a weapon against Pyongyang.

Like other aspects of North Korea policy, the human rights problem is extremely troubling yet enormously difficult to address effectively. The international community must share its wisdom and its resources to develop and implement principled, pragmatic, long-term approaches to the challenges that Pyongyang presents, especially the human rights situation. Leaders of the international community as a whole but above all South Korea's neighbors should support and participate in such a coordinated effort. This is in fact an area in which Japan and South Korea can easily cooperate more.

 

Shin recently coauthored the policy report, "Tailored Engagement: Toward an Effective and Sustainable Inter-Korean Relations Policy," released at a hearing of the Korean National Assembly's special committee on inter-Korean relations. This Nikkei Asian Review article was originally carried on Jan. 20 and reposted with permission.

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The United Nations Security Council met to discuss the situation in North Korea on Dec. 22, 2014.
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Douglas Rutzen, president and CEO of the International Center for Not-for-Profit Law (ICNL), and adjunct professor of law at Georgetown University in Washington, D.C., gave a talk on defending civil society for the Stanford Program on Human Rights’ Winter Speaker Series, “U.S. Human Rights NGOs and International Human Rights,” on January 7, 2015.

Rutzen sounded the alarm of today’s disturbing trend of governments around the world using the rule of law to restrict civic spaces of congregation and protestation. Highlighting that national governments are constitutionally committed to a rule of law, Rutzen claimed this is not being applied in the interests of the citizen but rather to restrict citizens’ criticism of government. Rutzen emphasized that this misuse of the rule of law to restrict civil society is a tool of manipulation utilized not just by nations with a history of civic control, such as Cuba and Russia, but also by liberal democracies, including the United States.

Rutzen noted that the Millennium Development Goals (MDG) established in 2000 were dramatically altered by the attacks of September 11, 2001. NGOs were targeted as potential terrorist organizations, while at the same time recognized for their potential to fight terrorism. This contradiction shows the tension in the role of NGOs in civil society. The challenge now lies in a long-term transformation of the relationship between NGOs representing civil society and national governments.

The talk continued with a discussion with Helen Stacy, director of the Program on Human Rights, and Rutzen. Stacy posed provocative questions that challenged Rutzen to defend his stance with questions on U.S. cultural imperialism; “good” and “bad” civil society groups; and the need to understand domestic civil society engagement with human rights issues as part of international human rights activism. 

-Dana Phelps, Program Associate, Program on Human Rights

 

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Speaker Bios

Pamela Merchant served as the Executive Director of the Center for Justice & Accountability for the past nine years.  CJA is the leading U.S- based organization pursuing international human rights abusers through litigation.  Ms. Merchant is a former federal prosecutor and has testified before Congress on human rights issues.  She currently serves on the Advisory Council for the ABA Center on Human Rights and is a Director of the Foundation for Sustainable Rule of Law Initiatives. Ms. Merchant received her B.A from Georgetown University and her J.D. from Boston College School of Law.

Kristin Linsley Myles is a litigation partner in the San Francisco office of Munger, Tolles & Olson LLP. Her practice has focused upon complex business litigation in a wide spectrum of matters.For many years Ms. Myles has been named among California's "Top Women Lawers" by the Daily Journal. SHe has been profiled by Law360 as a Female Powerbroker. Ms. Myles frequesntly writes and speaks on a range of issues, including the Alien Tort Statue, especially in light of the U.S. Supreme Court's ruling in Kiobel.

 

Bechtel Conference Room, Encina Hall

Kristin Linsley Myles Litigation Partner Speaker Munger and Tolles, LLP
Pamela Merchant Speaker Center for Justice and Accountability
Helen Stacy Director Commentator Program on Human Rights
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Abstract

Much of the work done in international development is ineffective, non-sustainable and sometimes even harmful.  Habitat for Humanity International and other global NGOs are rightfully being challenged to undertake new strategies and work with new private and public sector partners to increase the effectiveness and the long-term sustainability of their efforts.  During this talk, I will share the framework of Habitat’s global work in seventy plus countries around the world and highlight how that work is changing and must continue to change to further its impact and Mission.

I will support the case made by others that human rights visionaries, policy makers, and advocates of the next generation must help shape a changing world to one where international development causes community-based priorities to be enabled and implemented based upon permanent and varied improvements in local capacity especially among vulnerable populations. This will require a new vocabulary, new timelines, new coalitions with new actors, new --- but not necessarily more -- resources and new metrics.

I will illustrate these issues in several contexts including Haiti, where past practices have had results ranging from disappointing to devastating but where new and exciting efforts are emerging and setting positive global standards.

Speaker Bio

Liz Blake retired in December 2014 after serving nearly nine years as Senior Vice President – Advocacy, Government Affairs & General Counsel for Habitat for Humanity International.  Prior to Habitat, Liz worked in the corporate world and in private law practice for 28 years.

At Habitat for Humanity, Liz created and led its Global Advocacy initiative, ran a global legal team and headed its government affairs office in Washington, D.C.  Liz traveled extensively in the developing world working on land rights, women’s inheritance rights, issues of secure tenure, women’s issues, and water/sanitation related issues.  Liz founded the Haiti Property Law Working Group working on land rights in Haiti and was also responsible for Habitat on the Hill, World Habitat Day events, and supported Habitat’s participation in the World Urban Forum, the World Bank Land and Poverty Conference and Prep Con for Habitat III.  Liz served as a founding member of the Board of MicroBuild and represented Habitat for Humanity on the boards of the National Housing Conference and the International Housing Coalition.

Liz continues to lead the Haiti Property Law Working Group including implementation of a land tenure grant from US AID.  Liz is on the board of the National Association of Realtors, the International Women’s Forum – Atlanta, the National Association of Corporate Directors – Atlanta and the Children’s Healthcare of Atlanta where she heads the Audit and Compliance Committee.  Liz is a director of Green Brick Partners, Inc. (NASDAQ).

Bechtel Conference Room, Encina Hall

Elizabeth Blake Senior Vice President, Government Affairs Speaker Advocacy and General Counsel, Habitat for Humanity
Helen Stacy Director Commentator Program on Human Rights
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Speaker Bio

Mark Lorey serves as Vice President for Child Development and Programme Effectiveness in World Vision International. The group that he leads provides global technical leadership for World Vision's work in education, child protection, child participation, gender, disability, peace building, urban programming, local partnering and advocacy, and other technical areas. Mark has worked with World Vision for more than a decade. He has previously been based in Malawi, South Africa, and Zambia and worked with Save the Children, USAID, and other agencies. He currently lives near Washington, DC with his wife and two daughters.

Bechtel Conference Room, Encina Hall

Mark Lorey Speaker Vice President for Child Development and Programme Effectiveness in World Vision International.
Helen Stacy Director Commentator Program on Human Rights
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ABSTRACT

The Buddhist Compassion Relief Tzu Chi (Ciji) Foundation from Taiwan is perhaps one of the largest Buddhist charities in the Chinese world today. This talk traces how Tzu Chi developed under the “regime of civility” in Taiwan. The same regime also contributed to the recent controversies between Tzu Chi and the Aborigines. I argue that the tension between the Buddhist non-governmental organization and the Christian Aborigines has to do with the inequality under the regime of civility: on the one hand, the Aborigines have been marginalized as the “subject” of the civility campaign by the state; and, on the other hand, the same regime of civility is what allows the Buddhist charity to thrive in civil society. This talk raises the question whether civility could turn against civil society.

SPEAKER BIO

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C. Julia Huang is a Professor of Anthropology at National Tsing Hua University, Taiwan, and currently a Visiting Scholar at the Ho Center for Buddhist Studies at Stanford University. Huang has published articles in the Journal of Asian Studies, Ethnology, Positions, Nova Religio, the Eastern Buddhist, and the European Journal for East Asian Studies. Her book, Charisma and Compassion: Cheng Yen and the Buddhist Tzu Chi Movement (Harvard University Press, 2009) is an ethnography of a lay Buddhist movement that began as a tiny group in Taiwan and grew into an organization with ten million members worldwide. Huang has recently completed a book manuscript, The Social Life of Goodness: Religious Philanthropy in Chinese Societies (with Robert P. Weller and Keping Wu). She is currently working on a project on the Buddhist influences on cadaver donations for medical education in Taiwan.

 

This event is part of the Taiwan Democracy Project.

Ends of Compassion--presentation
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C. Julia Huang Professor of Anthropology National Tsing Hua University, Taiwan
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