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Civil Engineering and Human Rights
What are the connections?
Jessica Wyndham, Associate Director
Scientific Responsibility, Human Rights and Law Program
June 6, 2011
fundamental entitlements
guaranteed by law
inherent to all human beings
derived from the mere fact of being human
What are human rights?
What do you think? Is there a connection between civil engineering and
human rights?
• Yes
• No
• Maybe
Are civil engineers the premier stewards of infrastructure as a human right?
• Yes
• No
• It depends
Is access to the benefits of infrastructure an inalienable human right?
• Yes
• No
• It depends
International Bill of Rights
Universal Declaration of Human Rights
(1948)
International Covenant on
Civil and Political Rights
(1966)
International Covenant on
Economic, Social and
Cultural Rights
(1966)
Life
Torture
Fair trial
Information
Expression
Association
Political participation …
Work
Housing
Health
Environment
Culture
Benefits of Scientific Progress …
International Covenant on
Civil and Political Rights
(1966)
International Covenant on
Economic, Social and
Cultural Rights (1966)
Key Human Rights Treaties
Civil and Political Rights 1966 - 167 Economic, Social and Cultural Rights 1966 - 160 Racial Discrimination 1965 – 174 Discrimination Against Women 1979 – 186 Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment 1984 – 147 Rights of the Child 1989 - 193 Protection of the Rights of all Migrant Workers and Members of their
Families 2003 – 44 Rights of People with Disabilities 2008 – 59
Key Human Rights Treaties: US Ratifications
1992 - Civil and Political Rights 1966 - 167 Economic, Social and Cultural Rights 1966 - 160
1994 - Racial Discrimination 1965 – 174 Discrimination Against Women 1979 – 186
1994 - Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 – 147
Rights of the Child 1989 - 193 Protection of the Rights of all Migrant Workers and Members of their
Families 2003 – 44 Rights of People with Disabilities 2008 – 59
Key Human Rights Treaties: US Signed
1992 - Civil and Political Rights 1966 - 167
1977 - Economic, Social and Cultural Rights 1966 - 160
1994 - Racial Discrimination 1965 – 174
1980 - Discrimination Against Women 1979 – 186
1994 - Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 – 147
1995 - Rights of the Child 1989 - 193 Protection of the Rights of all Migrant Workers and Members of their
Families 2003 – 44
2009 - Rights of People with Disabilities 2008 – 59
Key Human Rights Treaties: Plans to Ratify
1992 - Civil and Political Rights 1966 - 167
1977 - Economic, Social and Cultural Rights 1966 - 160
1994 - Racial Discrimination 1965 – 174
1980 - Discrimination Against Women 1979 – 186
1994 - Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 – 147
1995 - Rights of the Child 1989 - 193 Protection of the Rights of all Migrant Workers and Members of their
Families 2003 – 44
2009 - Rights of People with Disabilities 2008 – 59
UDHR Article Related U.S. Constitutional Amendment
Article 2 14th Amendment (non-discrimination)
Article 3 14th Amendment (life, liberty, security)
Article 4 13th Amendment (slavery)
Article 5 8th Amendment (cruel and unusual punishment)
Articles 6 and 7 14th Amendment (equal protection)
Article 9 5th Amendment (arbitrary arrest)
Article 10 6th Amendment (fair trial)
Article 12 4th Amendment (privacy)
Article 17 5th Amendment (property)
Article 18 1st Amendment (religion)
Article 19 1st Amendment (speech)
Article 20 1st Amendment (association)
Article 21 15th, 19th, 23rd, 24th, and 26th, Amendments
From: The Advocates for Human Rights (2009), Human Rights Toolkit, p. 12
US human rights policy
“Our human rights agenda for the 21st century is to make human rights a human reality.
The first step is to see human rights in a broad context. Of course, people must be free from the oppression of tyranny, from torture, from discrimination, from the fear of leaders who will imprison or ‘disappear’ them. But they must also be free from the oppression of want, want of food, want of health, want of education, and want of equality in law and in fact.”
Secretary of State, Hilary Clinton, December 10, 2010
As compared to a ‘development’ approach:
A human rights-based approach entails:
Actively engaging vulnerable groups in planning and implementation (participation)
Ensuring accessibility, acceptability, adaptability and affordability (AAAs)
Measuring disaggregated impact of activities as compared to global averages (vulnerable and marginalized)
Publicizing plans, processes and outcomes (transparency)
Civil Engineering and Human Rights: Example
Schools (ASCE 2009 Report Card for America’s Infrastructure)
- Problem: enrollments are rising, spending and construction are decreasing
- Recommendations: publish updates, expand tax credits, establish federal budget for construction
Human rights considerations:
- Publish regular updates to ensure clear view of conditions (transparency)
- Continue and increase federal grants for high-poverty, high-need school districts (marginalized and vulnerable)
- Provide mechanism for districts to inform policies/ programs on construction/maintenance (participation)
Civil Engineering and Human Rights: Further Examples
‘Human Levee for Human Rights’ (New Orleans)
Mazibuko case - Court upholds right to water, civil engineer testifies (South Africa)
Special Rapporteur on Toxic Waste and Human Rights (United Nations)
Sichuan earthquake, school construction and human rights (China)
1. Build a constituency for human rights
2. Apply your expertise for human rights
3. Respect human rights standards in your work
4. Advance the right to benefit from scientific progress
Civil Engineers’ Role in Human Rights
Governments’ commitment to human rights is only as strong as society’s demands for their rights
Civil engineers can apply their skills and expertise to human rights issues
Technically rigorous and independent analysis adds credibility to human rights demands
Why Civil Engineers?
Entrusted by societyto create a sustainable world andenhance the global quality of life,
civil engineersserve competently, collaboratively, and ethically as:
MASTER: Planners, Designers, Builders & Operators
Environmental Stewards
Innovators and Integrators
Managers of Risk and Uncertainty
Leaders in Shaping Public Policy
Vision for Civil Engineering in 2025
AAAS Science and Human Rights Coalition
A network of scientific and engineering organizations that recognize a role for scientists and engineers in efforts to realize human rights.
Members: scientific associations, professional
societies and science academies
Member/Affiliate Organizations: 46 Affiliated Scientists: 63
Working through the ASCE
Organize an Annual Meeting session on civil engineering and human rights - issues and practice
Publish on the connections between civil engineering and human rights in scholarly and other journals
Organize a public inquiry on a human rights issue related to civil engineering
What do you think?Is there a connection between sustainability and human rights?
• Yes
• No
• Maybe
Is Vision2025 a roadmap for civil engineering and human rights?
• Yes
• No
• Maybe
What aspect of the Triple Bottom Line strongly represents the link between civil engineering and human rights?
• Environmental
• Economic
• Social
• None of the above
• All of the above
1. Build a constituency for human rights
2. Apply your expertise for human rights
3. Respect human rights standards in your work
4. Advance the right to benefit from scientific progress
Civil Engineers’ Role in Human Rights
Applying Technical Expertise to Human Rights
Forensic and genetic sciences (1980s)
Statistical and information management techniques (1990s)
Geospatial image analysis (2000s)
Liliana Pereyra, mid-1970s
21-year-old bank clerk who had disappeared on October 6, 1976, when she was five months pregnant.
(Family of Liliana Pereyra; AAAS Archives)
Clyde Snow at the trial of the Argentinean junta, 1985
(Courtesy of Daniel Muzio)Liliana Pereyra's skeletal reconstruction
(AAAS Archives)
Using data from the border registries and camp surveys to:
• establish where refugees came from, across time
• link refugee flows with Yugoslav movements and NATO actions
• assess competing explanations for refugee flows
Kosovar refugees: Policy or Panic?
From: Ball, P. (1999), Policy or Panic: The Flight of Ethnic Albanians from Kosovo March – May 1999
Port Farma, Zimbabwe – April 6, 2006
Port Farma, Zimbabwe – June 22, 2002
Physicians for Human RightsProject: Document evidence of
torture to support asylum applications
Location: USAScientists: Health practitioners (10)
AAAS “On-call” Scientists
Montana Innocence ProjectProject: Provide evidence in post-
conviction claims of innocence
Location: MontanaScientist: DNA and forensic analysts,
crime scene reconstruction
Global RightsProject: Assess impact of extractive
industries on local communities
Location: Congo, Guinea, DRCScientists: Geologist, psychologists
Environmental Defender Law CenterProject: Review and advise on
technical reports in oil cleanup case
Location: West AfricaScientist: Industrial and chemical
engineers
What do you think? Can civil engineering be applied to human rights?
• Yes
• No
• Don’t know
Do you currently or are you interested in applying your skills and expertise for human rights purposes?
• Yes
• No
• It depends
Are you interested in learning more about how you can work in support of human rights?
• Yes
• No
• Maybe
1. Build a constituency for human rights
2. Apply your methodologies and technologies
3. Respect human rights standards in your work
4. Advance the right to benefit from scientific progress
Civil Engineers’ Role in Human Rights
Participation of affected communities
Consideration of unique vulnerabilities of populations
Respect for cultural sensitivities and requirements
Commitment to meeting high quality standards
Human rights implications of professional conduct
1. Build a consituency for human rights
2. Apply your methodologies and technologies
3. Respec human rights standards in your work
4. Advance the right to benefit from scientific progress
Civil Engineers’ Role in Human Rights
The Benefits of Science and Technology as a Human Right
“States shall recognize the right of everyone … to enjoy the benefits of scientific progress and its applications.”
-- International Covenant on Economic, Social, and Cultural Rights, Article 15
Article 15, International Covenant on Economic, Social and Cultural Rights
Governments shall:1. recognize the right of everyone to (b) enjoy the
benefits of scientific progress and its applications;
2. conserve, develop and diffuse science and culture;
3. respect the freedom indispensable for scientific research and creative activity; and
4. recognize the benefits of international contacts and co-operation in the scientific and cultural fields.
Broad Acceptance of the Right
160 governments have ratified the International Covenant on Economic, Social and Cultural Rights
All G8 countries, with the exception of the US, have ratified the Covenant
The right is recognized in international and regional treaties, e.g., bioethics (2005); human genetic data (2003); biomedicine (1997 - Europe)
The right is recognized in several national Constitutions:
Armenia (1995); Moldova (1994); Paraguay (1992)
What does the right mean? UNESCO
Purpose:
to launch a process of research and dialogue on the content of this right
Participants:
lawyers, academics, medical ethicists, human rights practitioners, UN experts, AAAS
Venice Statement: Fundamental Principles
The right:
Is applicable across all disciplines
Can be enjoyed individually and collectively
Implementation requires:
Close international cooperation
Creation of an enabling and participatory environment
Particular attention be paid to the needs of marginalized and vulnerable population
Protection from abuse and adverse effects of science and its applications
Venice Statement
17. “The comprehensive elucidation of this right, raising awareness of it, its implementation, and the monitoring of its realization require the cooperation and participation of [among others]… the scientific and academic communities.”
AAAS
“Recognizing that this right lies at the heart of the AAAS mission and the social responsibilities of scientists, AAAS will:
pursue opportunities to collaborate with the global scientific community so that the voice, interests and concerns of scientists can be brought to this process [and]
engage the domestic and global scientific communities in defining the content of the right and determining its application to a diverse range of scientific disciplines and issues of concern to the scientific community”
AAAS Board of Directors, Statement, April 2010
What do you think? Is there a connection between civil engineering and
human rights?
• Yes
• No
• Maybe
Are civil engineers the premier stewards of infrastructure as a human right?
• Yes
• No
• It depends
Is access to the benefits of infrastructure an inalienable human right?
• Yes
• No
• It depends
Questions to be answered
How does civil engineering and its applications benefit society?
What barriers exist to accessing the benefits of civil engineering?
What are some potential dangers or misuses of civil engineering from a human rights perspective?
What are the freedoms necessary for civil engineers to be able to conduct their work?
What “international contacts” and forms of “international cooperation” are required to effectively participate in civil engineering?
And more…
