Achieving Political Inclusion

               Everybody around the world seem to understand that for a more productive and effecient political system, we need more political inclusion. And to achieve this, we need more political activists becoming candidates. We need more candidates with a real chance to win, candidates with a long history of an online and offline activism for democracy, human rights and justice, candidates with a wide coalition of support. Now, more than ever we need candidates speaking about the benefits of political inclusion. More than ever we need politicians and candidates not afraid of competition.  This post is a summary of the book with the title above published in September of 2019 at   https://www.gmfus.org/sites/default/files/achieving_political_inclusion_0.pdf

               We define political inclusion as: engaging all in the community in the political process, such as civic education, voting, running for office, and offering input to representatives as policies and legislation are developed, thereby creating a sense of agency and belonging. Democracies are facing serious stresses at this time. Making our democracies more inclusive, we will also make our democracies more robust and enduring. We look toward democratic practice where the full involvement of citizens increases the total amount of power available in our societies, rather than zero sum approaches, where power is considered to be limited and the temptation is therefore to monopolize and to withhold it. We look toward electoral systems where every vote counts, free of the undue influence of money, and where every voting individual is encouraged to learn about candidates. We look toward better understanding the power of new communication technologies, how to address misinformation and to ensure that our democratic processes are secure. We look toward processes of civic education that teach and nurture democratic practices from early age, equitably across our countries. To achieve these goals within our bodies politic, we must be courageous and innovative. And we have to consider steps that each of us can take as individuals to advance political inclusion from our own circles of influence. The concepts and practice of inclusion are starting to gain traction in public debate. Although the media, business and education sectors have been praising the benefits of inclusion for some time, the political sphere has only recently begun to explore inclusionary policies. In order to better understand the issue of inclusion in the political sphere, we must first acknowledge the delegitimization of participative democracy and a crisis of representation in politics. The problem of legitimacy is directly linked to that of inequality because represented citizens are fundamentally unequal in our society. This is principally due to a marginalization of certain populations that is in turn mirrored in political life. Furthermore, the structure of the political system reinforce feelings of disenfranchisement and abandonment. An asymmetrical power structure, a "top-down" system that emphasizes the power of the executive. brings a twofold threat: undermining both the balance of power within the government, and the representative power of citizenry. Exacerbating this sentiment of desertion is a disconnect between members of parliament and the people. In the absence of representatives who listen, citizens are discouraged by the status quo, intensifying the lack of communication in the political system. A cycle of mistrust results and in turn, intensifies the lack of connection between public authorities and voters. The question we must ask ourselves is: Where do we want to go in inclusion and how do we get there? Here are 5 recommendations reached during a convening of inclusion strategists at Paris, bringing together thought leaders from across sectors, generations, ethnic and socioeconomic backgrounds:     1) It is time to rethink representation in the media and politics with the aim of deconstructing stereotypes and bolstering the visible role of underrepresented groups. A lack of political representation leads to a lack of inclusion and can consequently weaken national identity and even stir contempt. It is essential to systematically engage diverse representatives in highly visible media and public office leadership roles. Greater legislative power can be entrusted to citizens by increasing civic engagement via town hall meetings, debates, and overall inclusivity in policy making.      2) The higher education system needs to have more access in order to disrupt a cycle of social reproduction of the systemic structures of inequality. Education serves as a lever for representation, and could ensure that diversity flourishes in all aspects of a country.       3) There must be a reinforcement of the synergy between the public and private sectors. The private sector recognizes the role of diversity in increasing productivity. This is the time to raise public awareness about the benefits of inclusion as a source of innovation for institutions.    4) There is a need to challenge by implementing data collection and statistical analysis. This would allow the measurement of the impact of public policies by collecting data that would permit a deeper apprehension of various forms of discrimination.      5) Creating Inclusive Leadership Summits aims to understand the roadblocks to inclusion and formulate concrete propositions in order to effectivelly promote a diverse political class. Advocating for political inclusion will not only ensure better representation of all citizens, but above all the legitimacy of our democratic systems.            If each person in a community were at their peak level of personal power, the community would also maximize its collective power. Sources of power such as ideas, drive, imagination, innovation, and vision could be fully tapped, providing the energy and agency for civic and political engagement. A country is stronger when its inhabitants are fully able to realize their capabilities and contribute to the country as a whole. The famous quote"knowledge is power" is perhaps the key driver in how inclusion and leadership are defined in the digital age. Digital transformation is redefining social and emotional intelligence as we know it in human interaction. Disruptive technologies such as artificial intelligence and big data are progressing at a high pace. Soft-skills such as empathy, stress management, resilience and managing unconscious bias are essential components of building trust between different stakeholders to foster political inclusion. 

Protection and Redress for Victims of Crimes and Human Rights Violations

                        This post is a summary of the report published in 2012 at   https://crcvc.ca/wp-content/uploads/2021/09/Wemmers__Victims-rights-are-human-rights2012.pdf. The second summary is the chapter 15 with the title above, of the book "Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers," published at    https://www.un.org/ruleoflaw/files/training9chapter15en.pdf

                        In this paper the author argues that victims' rights are human rights. Criminal law typically views victims as witnesses to a crime and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced. The last fifty years have witnessed the birth of victimology and the victims' movement. Crime constitutes a violation of victims' rights and they require recognition as persons before the law. The word "right" has several different meanings. It has a moral and a political meaning: rectitude and entitlement. Human rights are basic rights, which it is generally considered all people should have and without which we would be unable to live as humans and develop to our full potential. Human rights have four major characteristics: universal, inherent, indivisible and inalienable. Past abuses of power have led to the development of human rights instruments in order to protect the rights of individuals and groups. Following the horrors of the Nazi Regime, the international community pulled together to create the United Nations. As one of its first tasks, the U.N. created the Commission on Human Rights, which wrote the UDHR. The core of the declaration is moral individualism and respect for human dignity. It attempts to protect individual agency against the totalitarian state. Rights empower the powerless. In order to improve the plight of victims of crime, in 1985, the U.N. General Assembly adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. According to the declaration, its aim 'to assist governments and the international community in their efforts to secure justice and assistance for victims of crime and victims of abuse of power.' It recognize that victims sometimes need support in order to deal with the impact of crime and it gives them the right to be referred to adequate support services. The declaration recognizes victims' right to receive notification about the progress of the case. Also recognizes victims' right to protection of their physical safety and their privacy. Finally, the declaration acknowledges victims right to reparation from the offender as well as compensation from the state. The notion of looking at victims through the lens of human rights is not entirely new. As early as 1985, Robert Elias argued for a "victimology of human rights." Elias warned that victimologists should study all man-made victimizations, which includes crime as well as gross violations of human rights such as genocide, torture and slavery. Previous work linking victims' rights to human rights can be found in the work of legal scholars such as Sam Garkawe and Jonathan Doak. Sam argued that the poor treatment of victims should be viewed as a matter of human rights protection. To this end, he proposes the creation of a U.N. Convention on Victims' Rights. Following the structure of international lawmaking, a Convention would include some kind of monitoring mechanism. The idea of developing a Convention was supported by the World Society of Victimology. Victims' rights, like human rights, are only meaningful if they confer entitlements as well as obligations on people. Otherwise, they are not rights and they will ultimately fail to empower victims. Legal protection of rights is necessary in order to defend victims' rights. It is the ability to exercise our rights, using our free will and rational choice, which gives meaning to the notion of 'human dignity.'                                                                                                                              A particularly serious aspect of abuses of power such as human rights violations is that they are committed by, or at least, with the knowledge of authorities that are expected to protect the individual and his or her rights instead of violating them. In other words, the sense of trust that should have existed has been seriously betrayed. The duty to investigate, prosecute and punish human rights violations is inherent in States' responsibility to ensure effective human rights protection and it is a duty that has been consistently emphasized by the international monitoring bodies. In certain circumstances, it may be difficult to investigate acts that violate an individual's rights. They duty to investigate, like the duty to prevention, is not breached merely because the investigation does not produce a satisfactory result. Nevertheless, it must be undertaken in a serious manner and not as a mere formality preordained to be ineffective. An investigation must have an objective and be assumed by the state as its own legal duty, not as a step taken by private interest that depends upon the initiative of the victim or his family or upon their offer of proof, without an effective search for the truth by the government. This is true regardless of what agent is eventually found responsible for the violation. Where the acts of private parties that violate the Convention are not seriously investigated, those parties are aided in a sense by the government, thereby making the state responsible on the international plane. The State have a duty to ensure that victims of violations obtain redress and that they have "an enforceable right to fair and adequate compensation, including the means for a full rehabilitation as possible." State shall take all appropriate measures to promote physical and psychological recovery and social integration of a victim. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity. Impunity for human rights violations is one of the most serious threats to the full enjoyment of the rights and freedoms of the individual. A culture of impunity widens a gap between those close to the power structures and others, who are vulnerable to abuses.  Victims of human rights violations yearn for recognition of their hardship and for ultimate justice for the wrongs committed. On the other hand, perpetrators of human rights violations insist on obtaining pardon for the acts committed. But in the midst of these apparent tensions, society needs to find a modus vivendi in order to move forward for the good of all. This is not the place to seek to resolve complex issues of guilt, admission of guilt, reparation, rehabilitation and reconciliation that arise in such situations. It may, however, be said in the light of this chapter that, pardons can not in any circumstances be granted for violations. Some rights can not be derogated from and any circumstances, not even in times of public emergency. The principle of justice for everyone demands that victims' rights and sufferings be recognized and remedied, that the perpetrators be punished and the State involved act efectively to prevent similar acts from occurring in the future. A society is unlike to be able to heal unless these requirements are effectively met. 

The Public Prosecutor's Office and Legal Change in Brazil

                  The Brazilian population wants a better judiciary system and for this they know that a strong and independent Public Ministry is essential.  Despite have 33 political parties, social rights including political rights have not been guaranteed to everyone. And to make matters worse, the public budget for politicians to spend in ads before the elections, called big fund, has increased the inequalities between politicians and ordinary citizens wanting to become politicians. Brazil needs urgently more activists, more people debating how we can have a better country, more people watching authorities and demanding transparency with public money, economic growth, employment and better education, we need more people no afraid to speak what need to be done in your city, in your state to have a better place. Why a country with a huge economic potential as Brazil can not reach its potential? Why had Brazil one of the lowest GPD growth of the world in the last decade? Why, according to a forecast by CEPAL, will Brazil have the lowest GDP growth in Latin America this year? How can we diminish the distance between the Brazil legal and the brazil real? These are questions we need to do in this election? This post is a summary of the report with the title above published at   https://opendocs.ids.ac.uk/opendocs/bitstream/handle/20.500.12413/8770/IDSB_32_1_10.1111-j.1759-5436.2001.mp32001008.x.pdf?sequence=1

                 In Brazil, as in most democratic countries, the involvement of judicial institutions in political and social matters has grown significantly in recent years. In the light  of such recent changes it is surprising that the number of sociological studies of the justice system in Brazil is still relatively insignificant. Despite the academic community's increasing interest, the judiciary remains the least studied of the three branches of government. The same can be said of the remaining institutions that comprise the justice system: Public Prosecutor's Office (PPO), public defenders, police, lawyers and civil registries. The importance of the justice system in Brazil is greater that that of a pillar of the democratic rechtsstaat. The Constitution of 1998 confers a critical role on the justice system, expanding its scope of intervention over the other branches of government. Furthermore, a wide range of social rights was constitutionalised in 1988. Taking into consideration the absence of a tradition of respect for social rights, the 1988 Constitution is a legal landmark. But has the new constitutional text provoked changes beyond formal law? Have justice institutions affected the life chances and opportunities of ordinary citizens? In Brazil, the desired effects of legal equality have been, if not null, at least of little significance. The distance between the two, legality and reality, has been observed by many analysts. The legal Brazil has been a country of equality, which incorporates rights and respect legal norms. The real Brazil is characterised by enormous inequality that produces dramatic effects in the opportunities for economic and social inclusion. The real Brazil, in contrast to the legal, has been a country of exclusion and of disrespect for legal principles. In the real country, rights are a dead letter for a part of the population. The dissatisfaction with the performance of the judiciary is not a recent problem. Public perception for a long time now has been that these institutions are incapable of responding to the rising demand for justice, are anachronistic or even worse, and are impervious to change. The current situation differs from that of the past, in at least two regards: first, justice has become a national priority, and second, tolerance for the inefficiency of the judicial system has decreased significantly. The lack of access to judicial institutions is a significant obstacle to the achievement of citizenship. Lack of knowledge of their rights, and a view of the law as something expensive and slow. has kept most of the population away from the courts, which are seen as a last resort. Social movements and their respective struggles for rights and social inclusion have gained significant visibility in Brazil since the 1980s. New collective actors have helped transform the concept of citizenship. Recent studies demonstrate that prosecutors see themselves as political actors whose role is not only legally to defend collective rights, but also to act in conjunction with social movements to 'resolve problems' that lie behind the defence of these rights. Some groups within the Public Prosecutor's Office even work towards developing political projects that seek non-judicial solutions in the defence of certain rights. While the Constitution undoubtedly delegates to the Public Prosecutor's Office the responsibility for supervising political and judicial institutions, it does not define who should supervise the institution. Such ambiguity raises the old question: 'who will guard the guardians? Two agents are responsible for ensuring internal control: the inspectorate and the Attorney-General, the highest post in the Public Prosecutor's Office. The Constitution grants a number of protections to members of the Public Prosecutor's Office to guarantee the institution's independence, mainly fron the executive. The current judicial reform proposal in the Brazilian Congress includes an important item that 'prohibits members of the office, the judiciary, and the police from unduly disseminating to the media, or other parties, information gathered in the process of carrying out their respective responsibilities, which violates confidentiality laws to the detriment of personal privacy and the public image of the individual in question.  According to the reform proposal, the National Council of the PPO is empowered to fire members of the institution who violate the above caluse. Known as Lei da Mordaça (Muzzle Law). Those in favour of the reform justify it as a necessary means to protect individual rights. Opponents, however, claim that, if approved, the reform will effectively give impunity to public administrators involves in charges of corruption, public contracting fraud, misuse of public funds and illicit personal enrichment. The proposed Muzzle Law is not only the first reaction by opponents of the office, but it also is an indicator that the 'formal-legal country' has had an impact on the 'real country'. Simultaneously, however, there has been a rediscovery of the rule of law by society. A significant and growing segment of the population is discovering that the justice system can be an effective means to oblige government to carry out its responsibilities.

World Press Freedom Day - 2022

                            Last Tuesday, 3rd of May, all over the world was celebrated the importance of a free, independent, and courageous news media. And like many other have done this week, this post is a tribute to all journalist, human rights defender, and anyone else that are helping us to know what is really happenning around the world. I have been doing summaries about this important day since 2013. This year the theme is about the importance of digital privacy for all journalists and human rights defenders, since nowadays almost all articles and reports are done and published or broadcasted online. We can not tolerate the violation of these two essential human rights, both are the pillars of democracy and justice. And justice in these cases mean above all, compensation for the victims, since it is hard to identify the responsible for the violations that generally involve many persons from internet supplier  companies to governments officials. This post is a summary of two articles. The first was published at   https://www.un.org/en/observances/press-freedom-day. The second was published at   https://www.state.gov/briefings-foreign-press-centers/world-press-freedom-day-2022-state-of-world-press-freedom

                             This year's World Press Freedom Day theme, "Journalism under digital siege," spotlights the multiple ways in which journalism is endangered by surveillance and digitally-mediated attacks on journalists, and the consequences of all this on public trust in digital communications. The latest UNESCO world trends report insight discussion paper, "Threats that Silence: Trends in the Safety of Journalists," highlights how surveillance and hacking are compromising journalism. Surveillance can expose information gathered by journalists including from whistleblowers, and violates the principle of source protection, which is universally considered a prerequisite for freedom of the media and is enshrined in U.N. resolution. Surveillance may also harm the safety of journalists by disclosing sensitive private information, which could be used for arbitrary judicial harassment or attack. There is a growing global push encouraging more transparency regarding how internet companies exploit citizens data; and enables amplification of disinformation. This was underlined in the Windhoek Declaration, call for tech companies to work to ensure transparency in relation to their automated systems. The annual World Press Freedom Global Conference in Uruguay, the safety of journalists, access to information and privacy are to be discussed.                                                                                                                                                                      It is vital promoting the right to freedom of expression, including a free press, at home and also around the world. The free flow of information, ideas, opinions, including dissenting ones, is essential to inclusive and tolerant societies. A vibrant independent press is a cornerstone for any healthy democracy. At its core is the idea that information is a public good, crucial to everything we do, to every decision that we make. And often we trust the press with providing that information. It is what helps citizens understand the events, the forces that are shaping their lives. It allows people to engage meaningfully in the political and civic spheres of their communities, their nations, and the world. A free press is one of the most effective tools that we have for advancing human rights. Whether it is documenting unjust working conditions, corrupt or failing public services, discrimination, abuse of security forces, accurate reporting shines s bright light on the parts of our societies that need fixing, that need to be iluminated. That brings pressure to change, to form, as we say, a more perfect union. Journalists face risks beyond areas of conflict. Around the world, governments, as well as non-state actors like criminals organizations, threaten, harass, imprison, and attack journalists every week. When journalists are threatened, when they are attacked, when they are imprisoned, the chilling effects reach far beyond their targets. Some in the media start to self-censor. Other flee. Some stop reporting altogether. And when repressive governments come after journalists, human rights defenders, labor leaders, others in civil society are usually not far behind. More governments are taking steps to control access to information, and news in particular, on the internet, whether through shutdowns or outright censorship. Technology is being used not only to block journalists, but to watch them. From 2020 to 2021, more than 30 reporters in El salvador were hacked with the spyware Pegasus, according to an independent investigation. Whether these attacks on journalists are made using old methods or new ones, the overwhelming majority of crimes against journalists worldwide are carried out with impunity. This sends a clear message to perpetrators that can keep targeting the press without consequences. 

220th Birthday of Victor Hugo

                A little more than two months ago, precisely on 26th February, the French writer Victor Hugo would complete 220 years old, so this post is a tribute to him. He fought for human dignity, justice, political inclusion and democracy in his writings and in his political work. This post is a summary of three articles. The first was published at   https://en.wikipedia.org/wiki/Victor_Hugo. The second was published at https://isreview.org/issue/89/enduring-relevance-victor-hugo/index.html. The third was published at https://www.wya.net/op-ed/what-les-miserables-taught-us-about-human-dignity/

                 Victor Marie Hugo (1802-1885) was a French novelist of the Romantic movement. During a literary career that spanned more than sixty years, he wrote abundantly in a variety of genres. Hugo is considered to be one of the best-known French writers. Though he was a committed royalist when young, Hugo's views changed as the decades passed, and he became a passionate supporter of republicanism serving in politics as both deputy and senator. His opposition to absolutism and his colossal literary achievement established him as a national hero. He was the youngest son of Joseph Hugo, a general in the Napoleonic army. In 1848, Hugo was elected to the National Assembly, he broke with the conservatives when he gave a speech calling for the end of misery and poverty. Other speeches called for universal suffrage and free education for all children. When Louis Napoleon seized power in 1851, establishing an anti-parliamentary constitution, Hugo openly declared him a traitor to France. He moved to Brussels, then to Jersey and finally to Guersey, where he would live in exile from 1855 until 1870. While in exile, Hugo published his famous political pamphets against Napoleon III.  Throughout his life Hugo kept believing in unstoppable humanistic progress. In 1879, he prophesied in an optimistic way, "In the 20th century, war will be dead, hatred will be dead, frontier boundaries wll be dead, dogmas will be dead; man will live." Hugo's death from pneumonia at the age of 83, generated intense mourning. He was not only revered as a towering figure in literature, he was a statesman who shaped democracy in France. All his life he remained a defender of liberty, equality and fraternity as well as an adamant champion of French culture.                                                                                                                                 To understand the significance of Victor Hugo, one must begin at the end, with his death on May 1885. His funeral attracted more than two million people, one of the largest mass mobilization ever seen in Paris. The French government was aware that Hugo's funeral would attract masses of people and feared an uprising. In an attempt to capitalize on his death, the government co-opted the service, preparing a massive tribute to the writer. Despite all the pomp and circumstance, it was truly a festival of the oppressed, and the exploited arrived in masses to celebrated the work of a man who had given voice to the voiceless. 150 years later in a tirade by David Denby for The New Yorker titled: "There is Still Hope for People who Love Les Miserables." Denby deplores the sense of victimization that he argues is at the center of the story. It is Denby, however, not Hugo who is disconnected from the world today. For modern viewers, the victims of Hugo's novel: the oppressed and disenfranchised are all too familiar. Furthermore, Hugo's victims fight back. It is their heroism, despite adversity, that continues to inspire. To be clear: Hugo is neither anticapitalist nor a revolutionary. Rather, he had a vision of a humane and beneficient capitalism. Nonetheless, Les Miserables leaves behind a powerful legacy of the oppressed rising up to fight for what rightfully belongs to them. Writing to an Italian minister, Hugo gave voice to the universality of the themes and ideas expressed in Les Miserables: "You are right, sir, when you say that the book is written for all people. It speaks to England as much as Spain, to republics that have slaves as well as to empires that have serfs. Social problems know no borders. Wherever man is ignorant, wherever the child suffers for lack of a book to instruct him and a heart at which to warm him, the book Les Miserables knocks at the door and says: "Open to me, I come for you." Today as 150 years ago, such works are still necessary.                                                                                                                                                                        What is it that has made Les Miserables such a timeless treasure? The novel is a show about courage, love, heartbreak, passion, and the resilience of the human spirit. Perhaps the most relevant themes, however, are related to the dignity of the human person. The affirmation of human dignity through compassion, empathy and mercy, ultimately evokes restoration. Each of our choices contributes to the formation of not only ourselves but of other people. We are constantly impacting those around us, positively or negatively, through our actions, conversations and lifestyles. So each of us has the ability to offer a kind of hope and encouragement and light and love to the world. Les Miserables also demonstrated that in giving ourselves to others, we begin to recognize our own worth. John Paul II once said: "Man cannot fully find himself except through a sincere gift of self." How true this rang for Jean Valjean in Les Miserables! In repeatedly risking his life, he becomes increasingly aware of his own dignity. Les Miserables contains several blatant of human dignity, which leave characters broken, rejected and alone. Javert dehumanizes Jean Vealjean by referring to him merely by his convict number, "24601." The students revolutionaries dehumanize themselves, telling each other that the state is worth more than their individual lives. Les Miserables is an example of how art can express human value and dignity and elevate the audience to a higher understanding of their own dignity. It is the story of the human spirit tested under terrible conditions and persevering in love, kindness, and self-worth.