= 3 ent and Human Ry he act. Introduction and concept Human Rights are the basic Tights and freedoms that bel all people in the world from birth to death. It is applicable re, te A ofwhere you are from, what you believe or how you choose aa tie These rights can be restricted Sometimes due to any reason like, breaking of law or act against the t national security or national interest but cannot be taken away. Though it originated from Britain, the atrocity of Second World War actually made the protection of human tights as a matter of an international priority. The Birth of the United Nations (History) The idea of human rights emerged stronger after World War I. The extermination by Nazi Germany of over six million Jem Sis and Romani (gypsies), homosexuals, and persons af eas Bien horrified the world. Trials were held in Nuremberg ocean World War Il, and officials from the defeated cous ee a ‘or committing war crimes, “crimes against peace,’ an‘ humanity,” r RTI Act by ion. 2005. to establishing the themselves international peace Governments then committed i . - : f bolstering {ted Nations, with the primary Be to esse — i Preventing conflict. aa 4 life, freedom, a ts principles : cients of these emerBing 7 ovet’s 1981 Sate g in Delan’ ess th captured in President ave aceon Union Address when he spoke184 Environment Management and Human Righ freedoms: freedom of speech and religion and freedom from want fear. The calls came from across the globe for human rights standards to protect citizens from abuses by their governments, standarq, against which nations could be held accountable for the treatment of those living within their borders. These voices played a critical role in the formation of Human Right. Members States of UN pledged to promote respect for the human rights of all. To advance this goal, the UN established a Commission on HR and charged it with the task of drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter. The Commission, guided by Eleanor Roosevelt's forceful leadership, captured the world’s attention. On December 10, 1948, the Universal Declaration of HR (UDHR) was unanimously adopted by the 56 members of the United Nations. The UDHR, commonly referred to as the international Magna Carta, extended the revolution in international law ushered in by the United Nations Charter — namely, that how a government treats its own citizens is now a matter of legitimate international concern, and not simply a domestic issue. Human rights and UN UN charter sets forth the inherent dignity and the equal and inalienable rights of all members of the human family. Upholding these human rights principles as the foundation of freedom, justice and peace in the world is fundamental to every undertaking of the UN. It is the general assembly that ultimately votes to adopt human rights declarations and conventions which are also called Treaties. In 1948 when the UN commission on Human Rights had completed its draft for the universal declaration of human rights, the general assembly voted to adopt the documents. Although human rights are fundamental to all functions of the UN, human rights issue mainly fall under the Economic and Social Council, Concept Human rights are rights inherent to all human being regardless of race, sex, nationality, ethnicity, language, religion or any othe?uman Rights want and standards ‘tandards atment of cal role in .¢ human mmission t spelling oclaimed s forceful 0, 1948, adopted | Magna n by the reats its ern, and ual and holding justice z of the human aties. In eted its” general hts are aonment MAMABEMEN! 2nd Human Rigg atvs Human Rights refer to thy ‘ gevelopme : man Rights adopted by UN on 1g fyta for all humanity. The declaratig gal members of human family is th « peace in the world. This can be pose, ‘dom, justice eons of following fundamental righ . Right to life, liberty, ts:- Security of a person . Right to own property 1 2 3. Right to freedom of opinion and expression. 4, Right to an adequate standard of living. 5. . Right to education, freedom of thought, conscience and religion 7. Right to seek and to enjoy in other countries asylum from | i 6. Right to freedom from torture and degrading treatment, etc. | harassment. Three Generations of HR The division of HR into three generations has been made in 1970 by Czech jurist Karel Vasak. The three types also cover the three | tenets of the French revolution, liberty, equality and ——— The three generations of human rights includes the following l. Civil and political rights (as per article 3 to 21 of the sa declaration of hr and 1966 international convention of civil an political rights) It consists of two subtypes: ele aia ae and civil security (no torture, slavery, 7” pl equality before the law) and (0) BOTS Berne AY Pe bat ane cr ceo nS scenes ce political volu Teligion, freedom of assembly an Participation in one’s society): te a Socio economic rights (25 P national conven! declaration of HR and 1966 inte! €conomic rights) pertaining to physical 97 of the universal tion of Socio186 Environment Management and Human igh, The two sub types of it is (a) norms pertaining to the prohibition of goods meeting social needs( for nutrition, shelter, health care, education) and (b) norms pertaining to the prohibition of gogq meeting economic needs( work and fair wages and adequate living standard, social security net). 3. Socio-cultural Rights (So called Soft law such as 1992 pi, Declaration on environmental and development and 1994 draft declaration of indigenous people’ rights) It is about collective development of human rights for self determination of people to their political status and their economic, social cultural development and) and certain special rights of ethnic and religious minorities (enjoyment of their own culture, language and religions). Universality of Human Rights It means that human rights must be the same everywhere and for everyone. By virtue of being human, every individual is entitled to inalienable rights and freedoms. These rights ensure the dignity and worth of the human person and guarantee human well-being Some ask whether human rights are truly universal. The implication is that the rights contained in the Universal Declaration of Human Rights (UDHR) may not apply to some countries and societies. But the text of the UDHR is written in universal terms. “All human beings” are born free and equal in dignity and rights. “Everyone” is entitled to rights without distinction of. ‘race, sex or other status. “Everyone” has the right to food, health, housing, education. The record shows that the UDHR is a distillation of many different cultural, legal and religious beliefs. In the 50 years since it was written, its ideals have been repeatedly reasserted. The 1993 World Conference on Human Rights affirmed that all human rights are universal: indivisible and interdependent International human rights instruments or documents They are the treaties and other international texts that serve 4 legal sources for International HR laws and the protection of HR i" go 8 2Rwgyironment Management and Human mat Human Ri, : ‘ights eneral. There are a large number ig rohibition ssified into following br Of varying typ, at 0ad categor; es, but m ealth care Bories: ost can be et il 1. DECLARATIONS, adopteg at rats tiv assembly, which are by nature ase Such as the UN General "8 though they may be Politically authoritative yt !eally-binding w and often a ive and R 1992 Rig sof express guiding Principles; ang > Wel tespected 994 draft 2. CONVENTIONS that are multi-par to become legally binding, usually includ 1Y Weaties that are designed le prescri 8 for seig language, and usually are conciuded by a as a very specific economic, _ frequently requires ratification by each state’s sateen lure that Tights of 3. RECOMMENDATIONS wh 1 culture, — peing multilaterally agreed. common standards. The Human Rights Commission produced two major documents Hee ana __ as below and together with nue. Universal Declaration of Human Rights, ntitled to a these two corenents comprise what is known as the “International "Bill of Human Rights.” That is - nity and 1 | 1. UDHR sal. The _—‘2._‘International Bill of Human Rights a ae i i, ICCPR ca oa : ii, ICESCR rights. | __ The International Covenant on Civil an Police! Rights 1CCPR): orother The ICCPR focuses on issues such as the right to life, free ‘tion. —_SPeech, religion and voting. iferent : nomic, Social and Cultural The International Covenant on Ec: ights (ICESCR). The ICESCR focuses on food, education, health and ) (CESC! : © *helter. Both covenants proclaim these 1 cm pe ah Rights Documents “wbsequent patted pation Ee .al Bill of Human tion y the Internal twenty principal iti ovenants in ! In addition to the ¢ ed more than es as Rights, the United Nations has adoP' ts, These include c ties further elaborating human ™188 Environment Management and Human Right, puses such as torture and genocide and to protect specific vulnerable populations such as refugees (Convention Relating to the Status of Refugcer: 1951), women (Convention on the Elimination of All Forms of. Discempinetion Against Women, 1979), and children (Convention on ap face of the Chil a, 1989). Other conventions cover racial discrimination, prevention of genocide, political rights of women, prohibition of slavery and torture, to prevent and prohibit specific International HR instruments can be divided further into global which any state in the world can be a party, instruments, to < which are restricted to states in a particular and regional instruments, region of the world. Universal Declaration of Human Rights (UDHR) The UN General Assembly has adopted and announced the Universal Declaration of HR through resolution 217A (III) of December 10, 1948 as a common standard for all the people. It also emphasizes for the support of all individuals and organizations to uphold the provisions of declarations. The important articles of declarations encircled to the people including woman and children are as under: * Article 1 deal with reason and conscience in the common spirit of brotherhood. * Article 2 is about with rights and freedoms irrespective of case, sex, and religion. * Articles 3 is on right to life, liberty and security of human being * Article 4 is dealt with prohibition of slavery * Article 5 deals the with prohibition of inhuman tortures and punishment ¢ Article 6 deals with the human recognition before law. * Articles 7 related to protection against any discrimination i? violation of HR. * Article 8 concerned with the right to a remedy for acts violating the fundamental rights given by constitution, * Article 9 dealing with protection against arbitrary or illogical arrest detention and exile.ppsirnment Management and Hum, igh ts ven ml , Articles 10 relates to a, ae ; nage one ‘mination of human rij ee Women + sid aa i all about Provision of righ me Against Se mentianel inj to Premised aur 4.2 Petson charged with >Child, —, Article 12 says that none should be peal Proved guilty, tion of ference with his privacy, family, ae ected to arbitrary inter- orture, , article 13 describes right to reedony °F correspondence, ete > global, Article 14 tells about right to stay movement. party, asylum from persecution or harassment oy Snether countries tical ent. « Article 15 is about right to nationality, + Article 16 is saying that men and limitation due to race Yationality or « Article 17 deals with the right to women of full age without any Teligion have the right to marry. own property. + Article 18 is about the right to freedom of thought, conscience and religion. Article 19 deals with right to freedom of expression and opinion. Article 20 is about the right to freedom of peaceful; assembly and association. Article 21 is about the right to take part in the government of his country. Article 22 deals with the right to social security and to realize international cooperation and development. Article 23 deals with the right to work without le 24 deals with the right to rest and eso 25 deals with the right to a standard of living. i i right to education. right to participate i ed the ember asizes Id the ations © any discrimination. n the cultural life of national order. A d inte! t to social an‘ duties to the with the righ! e of human the right to exercis y tbe right © enare” © scietia any activity or tEnvironment Management and Human Right, 190 The International Covenant on Civil and Political Right, (ICCPR) This Covenant was adopted by the United Nations Genera Assembly on 16 December 1966 and entered into force on 23 March xti¢ 1976. By the end of 2001, the Covenant had been ratified by 147 arti states. Important points of covenant are:- sti Article 1: ‘The states commit themselves to promote the right to self determination and to respect that right. It also recognizes arti the rights of peoples to freely own, trade and dispose of their natural wealth and resources. Among the rights of arti individuals guaranteed by the Covenant are: ei Article 2: The right to legal recourse when their rights have been violated, even if the violator was acting in an official capacity. Article 3: The right to equality between men and women in the Int enjoyment of their civil and political rights. Rig Article 6: The right to life and survival. Imp Article 7: The freedom from inhuman or degrading treatment or rt: punishment. Article 8: The freedom from slavery and servitude. Article 9; The right to liberty and security of the person and freedom ! from arbitrary arrest or detention. g Article 11 : The freedom from prison due to debt. Article 12 : The right to liberty and freedom of movement = Article 14: The right to equality before the law; the right to be a presumed innocent until proven guilty and to have a fait and public hearing by an impartial tribunal. Article 16 : The right to be recognized as a person before the law: Article 17 : The right privacy and its Protection by the law. Article 18 : The freedom of thought, conscience and religion. Article 19 : The freedom of opinion and expression.vent Management and Human Righy, M407 tholtutiaea 0: of pro, . le 2 : ioc, eanda a - 19 al Rights" racial or religious hatreq ““’°C8ting wap ort : ; io ¢ 21: The right to peacefyy assem| ; bly. ise 22° ThE TIBRE to freedom of aoe, ‘Ociation, : The rights for children (stat, ast registration and name), mes Rationality ticle 25: The right to Participate in t he conduct i of public affai vote and to Be elected and access 4, a teeta, to ce. the law and equal protection religious, ethnic or linguistic ‘ulture, practice their religion nicle 26 : The right to equality before jrticle 27: The right, for members of minorities, to enjoy their c and use their language. -n in the _ international Covenant on Economic, Social and Cultural Rights (ICESCR) Important points of this covenant are:- tment OF “irtile 1: All peoples have the right of self determination, including the right to determine their political status and freely pursue their economic, social and cultural development. Each State Party undertakes to take steps to the ae of its available resources to achieve progressively ie izati 4 in this , Everyone is realization of the rights in this reat ae to the same rights without discrimination ight of men The States undertake to ensure the equal right o! 5 in this treaty ; of all rights in ; and women to the enjoyment ese rights only if is: t imitations may be placed on eae . : welfare in @ 4 f promoting the general ne purpose 0 : eS Yo person, group oF any of these rights.192 Article 6 : Article 7 : Article 8 : Article 9 : Article 10 : Article 11 : Article 12 : Article 13 : Article 14 : Article 15 : Environment Management and Human Righy Everyone has the right to work, including the right r gain one’s living at work that is freely chosen and accepteg Everyone has the right to just ooo of work; fair wages ensuring a decent living for himself and his family, equal pay for equal work; safe and healthy working conditions; equal opportunity for everyone to be promoted: rest and leisure. Everyone has the right to form and join trade unions, the right to strike. Everyone has the right to social security, including social insurance. Protection and assistance should be accorded to the family. Marriage must be entered into with the free consent of both spouses. Special protection should be provided to mothers. Special measures should be taken on behalf of children, without discrimination. Children and youth should be protected from economic exploitation. Their employment in dangerous or harmful work should be prohibited. There should be age limits below which child labor should be prohibited. Everyone has the right to an adequate standard of living for himself and his family, including adequate food, clothing and housing. Everyone has the right to be free from hunger. Everyone has the right to the enjoyment of the highest attainable standard of physical and mental health. Everyone has the right to education. Primary education should be compulsory and free to all. Those States where compulsory, free primary education is not available to all should work out a plan to provide such education. : Everyone has the right to take part in cultural life; evi the benefits of scientific Progress.ent Management ayironmen and Human Rights Rieke se dimension of Human Righs, oa co Soa era sii the following Points:. a. Human rights are right p. Human rights are plural c, Human rights are Universal 4, Human rights have high-priority J p. The Existence and Grounds of Human Rj, ghts ‘es How Can Human Rights Exist? my OE Justifications for Human Rights i c. Political Conceptions of Human Rights c, Which Rights are Human Rights? a, Civil and Political Rights b. Social Rights c. Rights of Women, Minorities, and Groups d. Environmental Rights D. Universal Human Rights in a World of Diverse Beliefs and Practices Human Rights and United Nations: Human Rights co-ordination within UN system- The United Nations system is made up of the onppepstone ‘sablished by the Charter of the United Nations, thats ihe 17-0 Nations Proper, the specialized agencies provided es is ee Charter and a number of programmes isis is et cae, Assembly under its authority derived from Article i “family” each The UN System has often been characterized a8 @ ing bodies and ‘ «jative and governing DOC higy literent mandates, diverse es re referred to collectively 25 isto, . in a € Sse Stotical roots. The organizations f° 7 4, encompasses tho izati i tions system W" jons Common itions of the United Na! ae eynited Natio Sait Teen: 5 sunthi mé stzations within and outside *r 2g organizations tem”, The Specialized Agencies194 Environment Management and Human Rigg separate legislative and governing bodies which provide the directives for their mandates. These organizations coordinate with the broade, work of the United Nations through Inter-Organizational Agreements with the General Assembly and the Economic and Social Counci,, Office of the High Commissioner for HR (OHCHR) The mandate of the OHCHR is to ensure universal enjoyment of all human rights, to remove obstacles to their effective implementation, and to enhance coordination and cooperation of human rights-relateq activities throughout the United Nations system. Human Rights Bodies ‘The Office of the High Commissioner for Human Rights (OHCHR) works to offer the best expertise and support to the different human rights monitoring mechanisms in the United Nations system : UN Charter-based bodies, including the Human Rights Council, and bodies created under the international human rights treaties and made up of independent experts mandated to monitor State parties’ compliance with their treaty obligations. Most of these bodies receive secretariat support from the Human Rights Council and Treaties Division of the Office of the High Commissioner for Human Rights (OHCHR). 1, Charter Based Bodies 2. Human Right Council 3. Universal periodical Review 4. Special procedures of the HR Council 5. HR Council complaint Procedure 6. Commission on human Rights Treaty Based Bodies There are ten HR Treaty bodies to oversee implementation of the important international treaties 1. Committee on the elimination of racial discrimination (CERD) 2. Committee on Economic Social and cultural Rights (CESER) 3. Human Right Committeesnment Management gavironet 'ement and Human Rights man Rights mmit nie sie 4 - - wi on the elimination of Discrimination agai ue oe 5. Committee against torture (can inst women uncil, 6. Committee on the Right of the chilg. (c 7. Committee on migrant Workers ea 8, Committee on the Tight of 9, Committee on enforced qi Role of United Nations Secretariat It is one of the six major rgans of the United Nn; others -being (a) the General Assembly; (b) the Securi i the Economic and Social Council; (d) the defur ethip Coun ‘4, inct Trusteeship C, il; - and (e) the International Court of. Justice. The Secretariat is is eel ‘ations, with the j the UN (the General Assembly, Economic and Social Council, and arties’ 5 * z recall Security Council), and the implementation of the decision of these reaties dies. The Secretary-General, who is appointed by the General Right al Assembly, is the head of the secretariat. The mandate of the secretariat is a wide one. Dag Hammarskjéld, the United Nations’ second Secretary-General, described its power as follows: “The United Nations is what member nations made it, but within the limits set by government action and ovens cooperation, much depends on what the Secretariat makes it i.c. i i e new ideas. Y it has creative capacity. It can introduc ¥ Ttcan, in proper forms, take initiatives: ings Y It can put before member governments finding: influence their actions. which will “a vurce of economic and political 0 i d Security Council; tive organs; ed by UN's detiberal The secretariat is the main s “nalysis for the General Assembly 2 1. it administers operations initiat 2. It operates political missions196 Environment Management and Human Right, 3. It prepares assessments that precede peacekeeping operat, ons, 4. It appoints the heads of peacekeeping operations; 5. It conducts surveys and research, communicates with nop_ state actors such as media and non-government organizati, ions; 6. And is responsible for publishing all of the treaties ang international agreements; The Economic and Social Council It is at the heart of the United Nations system to advance the three dimensions of sustainable development — economic, social and environmental. It is the central platform for fostering debate and innovative thinking, forging consensus on ways forward, and coordinating efforts to achieve internationally agreed goals. It is also responsible for the follow-up to major UN conferences and summits, The UN Charter established ECOSOC in 1945 as one of the six main organs of the United Nations and is responsible for coordinating the economic and social fields of the organization, specifically in regards to the 15 specialized agencies, the eight functional commissions and the five regional commissions under its jurisdiction. The Council serves as the central forum for discussing international economic and social issues and formulating policy recommendations addressed to member states and the United Nations system. A number of non-governmental organizations have been granted consultative status to the Council to participate in the work of the United Nations. It holds one four-week session each year in July, and since 1998, it has also held an annual meeting in April with finance ministers heading key committees of the World Bank and the International Monetary Fund (IMF). International Human Rights Commission THRC isa non-profitable International Human’ Rish@ Organization. The name of the International Executive Committee (150) of HRC was declared on 24th December 2003 in Geneva, Switzerlandan Rights ations; h non- ations; Sand ce the al and e and , and s also mits. le six ating ly in onal tion. sing olicy ions een vork 998, ters nal ronment Management and Human Rights t ¢ head quarters of UN. The Inc have 197 yember from 24 countries of Asia, Afri been €stablis) ember country of United Nagi. wi: Euro, uN a sovereign, neutral anq ri gradually take affiliation of UN and Intern; yational Human Rights Commissio NHRC is an Statutory Public body 1993 under the Protection of Human ‘ational Network bodies. n (NHRC) of India promotion of human rights, defined by the Act as “Rights Relating To life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International covenants (agreements)”. Security Council and Humn Right The UN Security Council, at times, deals with grave human rights violations, often in conflict areas. The UN Charter gives the Security Council the authority to investigate and mediate, dispatch a mission, appoint special envoys, or request the Secretary-General to use his 800d offices. The Security Council may issue a ceasefire ee dispatch military observers or a peacekeeping force. i a a Work, the Security Council can opt for GS aay me ies a 88 economic sanctions, arms embargos, ete a Se *strictions, travel bans, the severance of diplom lockade, or even collective military action. f The Committee on the Elimination o fat monitors “ination (CERD) erts t CERD is the body of Be on of All Forms of plementation of the Convention on eS ial Discrimination by its State partes: Racial Discri-198 Environment Management and Human Right All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Convention and then every two years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of concluding observations The Committee on the Elimination of Discrimination against Women (CEDAW) CEDAW is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women. The Committee consists of 23 experts on women’s rights from around the world. Countries who have become party to the treaty (States parties) are obliged to submit regular reports to the Committee on how the rights of the Convention are implemented. During its sessions the Committee considers each State party report and addresses its concerns and recommendations to the State party in the form of concluding observations. In accordance with the Optional Protocol to the Convention, the Committee is mandated to: (1) Receive communications from individuals or groups of individuals submitting claims of violations of rights protected under the Convention to the Committee and (2) Initiate inquiries into situations of grave or systematic violations of women’s rights. These procedures are optional and are only available where the State concerned has accepted them. The Committee also formulates general recommendations and suggestions. General recommendations are directed to States and concern articles or themes in the Conventions. The Committee on Economic, Social and Cultural Right* (CESCR) ‘The CESCR is a United Nations body of 18 experts that usual meets twice per year in Geneva to consider the five-yearly repo" submitted by UN member states on their compliance with the International Covenant on Economic, Social and Cultural Right°S must | met Mi ana yy, | cESCR). Members are eg, a a a ae wate ECOsog ae Sf four years by g 1985. Members serve in their Personal Solution fines tates i of if nominated. “APacity an, a 8 May May be Te-electeq guMAN RIGHTS COMMITTEE The Human Rights Committee isa ty the International first Optional Protocol, : _ COMPOSITION Cted fo, ‘judicial bod, and Political W York and G ©venant on Ciyi) Y, established Tt convenes in No Rights and its ieneva, (Article 31(2) ICCPR), ] ] + National experts: A Committee member Shall not take part in the examination of a communication by the Committee if the state Party in respect of which he or she was elected to the Committee is a party to the case (Rule 84, Rules of Procedure). The United Nations and Human Rights: A critical appraisal Recent events have thrust human rights into the world nie They have now become “a dominant concern” of ieusrnagena discourses, The pre-eminent human rights sede i aa Provide effective procedures and mechanisms esta ase "onitoring and for rapid and constructive respor ions human rights regime United Nations ak hag ver the past 20 ats ae new treaties have 220 ee a ae res and monitoring bodies ae and many new procedw tem is now such panne uz ‘ated. The co: x yevre ‘The time is resulting maze.200 Environment Management and Human Righ “These essays critically examine the functions, procedures, and Performance of each of the major UN organs dealing with human rights. They also look at the relationship between the various organs and the potential for major reforms and restructuring. The contributors have all been close and active participants in the regime and all are ideally placed to evaluate its achievements and shortcomings. The nature of shortcoming is on following aspects:~ 1. Ethical consideration of Human rights and double standard On the one hand, human rights have become an effective tool to protect human agency, have empowered millions of peoples globally in the access to justice, and made- nations rich or poor- legally and morally accountable for the violations of human rights. However, on the other hand, foundational weakness of human rights have marred its efficacy and, have led to double use of human rights discourse by some powerful Western nations, whose actions are sometime driven by economic and military interest. 2. Foundational weakness ‘The power to interpret and shape understanding of human rights as a concept, and passing judgment on the human rights record of other state still mostly lies in the hand of powerful Western nations. Moreover, human rights- as a principal of liberation and energy of vulnerable have become a political weapon. 3. The moral legitimacy of war Moral legitimacy of war also has been justified in the name of human rights protection. Human Rights in India Section 2 (d) of the Protection of Human Rights Act, 1993, defined the expression of human rights by stating that human rights means the rights relating to life , liberty, equality and dignity of the individuals guaranteed by the Constitution or embodied in the Covenants and enforced by courts in India. : ili tatI ronment Management and F nan Righty 7 Haman Righy } Human rights in India j iS an urge size aNd Population idespr >! education, 28 Well a8 its diye, 3 Prea, i organs the country, Povert, try's ibus Wiens Ys overeign 1 Culture, ever - ack of pron ‘tors gest 8 a 81, democrat; thou, all a : a provides for Funda ears - C republic = she worla’s i” Tights, Stitution of 8. The 7) qigion. Clauses also Provide for which "ch include f fi reedom of vation of executive ang dicia. -°2™ of SPeech, as wen of | sepa! lary and freedo, ell as ) the country and abroad. The country a1 ™ of Movement within i 5 iSO ndard 7 diary and well as bodies to look inte issues aa tool to) q 2016 report of Human Rights Watch accepts the above. obally faculties but goes to state that India has “seri concerns. Civil society 8Toups face harassment €r,on | face intimidation and lawsuit arred | both from the state and by interest Sroups. se by | ninorities accuse authorities of not doing e i nghts. But in the recent years, rights & freedom of Speech. Thy S: Free speech has come under attack Muslim and Christian for abuses. Human Rights in Indian Constitution i itutic into force on Rights and The Indian Constitution came i aan fess with 395 Articles and 8 Schedules, is st es le Most ainees fundamental laws ever adopted. ‘The faa a ee ign, Socialist, i as LACE bebe of tes that the pe yublic. The term pane = a eal ae. its authority from the will of the peo . they equal “irrespective of the race; religion, nae eens ble to the Constitution pledges202 Environment Management and Human Rights 3 FUNDAMENTAL RIGHTS General 4. 1. ARTICLE 12. Definition 2. ARTICLE13. Laws of inconsistent with or in derogation of the fundamental rights. { Right to Equality 2 1, ARTICLE14. Equality before law. 2. ARTICLE 15, Prohibition of discrimination on grounds of religion, = race,caste,sex or place of birth. re 3, ARTICLE 16. Equality of opportunity in matters of public employment. . ARTICLE 17. Abolition of Untouchability 5. ARTICLE 18. Abolition of titles. Right to Freedom Rig 1. ARTICLE 19. Protection of certain rights regarding freedom of 1. speech, etc. 2. ARTICLE 20. protection in respect of conviction for offences. Hu 3. ARTICLE 21. Protection of life and personal liberty. 4. ARTICLE 22. Protection against arrest and detention in certain 39: cases. Right against Exploitation 1, ARTICLE 23. Prohibition of traffic in human beings and forced labour. 2. ARTICLE 24. Prohibition of employment of children in factories, ete. The Constitutional Conteat of Human Rights Right to Freedom of Religion 1, ARTICLE 25. Freedom of conscience and free profession, practice and propagation of religion. 2. ARTICLE 26. Freedom to manage religious affairs. yp ex egegeageEgyironment Management and Huma, hae, sini, | nan Rights ‘i ARTICLE 27. Freedom aS to any particular religion, Payment of taeag, ee j RTICLE 28. Promoti a iste OM as to attendance a | BOB Attain education ina ious instruction of thaull Cultural and gay, nstitutions, ‘cational Ri, , ts ARTICLE 29. Protection of interests of . ; ICLE 30. ane ARTI ! 3 , Right of minorities to iP |” cestode &stablish ang administ : er ligion, |, ARTICLE 31. FRepealed |Saving Of Certain La : ws ARTICLE 31A. Savings of laws... Vings of laws Providing for Acquisition of estates, this Part. ; Dublic ete. / Validation of certain Acts anc Regulation Saving of laws giving effect to Certain directive principles | Right to Constitutional Remedies om of |. ARTICLE 32. Remedies for enforcement of rights conferred by 7 Human Rights and Indian Constitution The constitution of India camer into force on 26 Jan 1950 with 395 articles and 8 schedules is the one most elaborated fundmanetal laws ever adapted. The preample of the constitution declares India to bea soverign, soialist, secular and democratic republic. Democracy "eans government gets its authority from the will of the people. It 8s the feeling of equality (irrespective of lan religion, ae Sex, and culture). The preamble ensures justice, social a "4 Political, liberty of thought, expression, belief, Se #s “Wuality of status, opportinuty assuring dignity of in Whity ang integrity of the nation. ewe eas india tal Rights, Directive Princi hase srective Principles of State The Fundamental Rights, Direct! s of the Constitution of “ley ana Fundamental Duties are section204 Environment Management and Human Rights India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections comprise a constitutional bill of rights for government policy. making and the behaviour and conduct of citizens. These sections are.considered vital elements of the constitution, which was developeq between 1947 and 1949 by the Constituent Assembly of India. The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, applied irrespective of race, place of birth, religion, caste, creed, or gender, ‘They are enforceable by the courts, subject to specific restrictions, ‘The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing policies and passing laws Human Rights Protection of Vulnerable Groups The aim of human rights instruments is the protection of those vulnerable to violations of their fundamental human rights. There are particular groups who, for various reasons, are weak and vulnerable or have traditionally been victims of violations and consequently require special protection for the equal and effective enjoyment of their human rights. Often human rights instruments set out additional guarantees for persons belonging to these groups: the Committee on Economic, Social and Cultural Rights, for example, has repeatedly stressed that the ICESCR is a vehicle for the protection of vulnerable groups within society, requiring states to extend special protective measures to them and ensure some degree of priority consideration, even in the face of severe resource constrain’s- This part focuses on groups that are especially vulnerable to abuse of human rights; groups that are structurally discriminated agains! like women and groups that have difficulties defending themselves and are therefore in need of special protection. Twelve groups already discussed are: . ‘uman Rights ites to its ite. These nt policy. Sections leveloped dia. rights of » applied ' gender, rictions, nce that g laws. of those . There ak and ns and ffective gavironment Management ang Human Rights 1) women and girls; 2) children; 3) refugees; 4) internally displaceq 5) stateless persons, 205 Persons; 6) national minorities, 7) indigenous peoples 8) migrant workers; 9) disabled persons; 10) elderly persons; 11) HIV positive persons and Alps victim; iS; 12) Roma/Gypsies/Sinti; and 13) Lesbian, gay and transgender people. Fundamental Rights and Indian Constitution Rights for Women and Children Women right actually is a revolutionary concept. The inclusion of women’s problems into Human Right standards and practices was a milestone to protect woman and children worldwide ensuring their recognition and dignity. Women’s Human Rights frame work equips women with a way to define and analyze and articulate their experience on violence, degradation and marginality. Human Rights Article 2 of declaration on elimination of violence against women describes gical violence that occurs in the | abuse of female children, dowry ale genital mutilation and other pousal violence, other Y Physical, sexual and psycholo family including battering, sexual related violence, marital rape, fem: practices harmful to women, non © exploitation. is see edi} Fann ral society i i with in the gene stitution, oe oe a jintimidation in work, forced Pros ise, rape, S a etc, ica i Physical and psychologic! vi the state wherever its occurs:206 Environment Management and Human Righs, For Women Tenth plan of India refers to the needs of gender sensitize the various organs of the government and proposes to continue with the strategy of women empowerment as an agent of social change ang development with three fold strategy * Social empowerment economic empowerment with adoption of the concept of gender budgeting and auditing © Gender justice to end gender discrimination and * to allow women enjoy freedom on par with men in all sphere of life. Commensurate with the Human Rights, National commission for women was set up in 1992 to act as a nodal agency to look after the general well being of the women including the protection of women human rights. It gives comprehensive permission to sort out the various problems like economic empowerment, vocational training, equal wage system, representation in legislative/parliament/other bodies from lower level to upper level. Human right frame work for women give special regards to:- Physical, sexual and psychological violence in the family * Physical, sexual and psychological violence in the community ‘The increasing incidence of crime against women really tests the effectiveness of theory and practice. So there should be periodical improvements in policy formation and their implementation to get the desired result to women. The commission aims to achieve the following:~ . To assess the need of review of law for justice, .. Special provision on custodial justice, . Provision to ensure redressal of grievances, . Helps on health and social issues i.e. female foeticide and infanticide Prevention of trafficking women and children 6. Address the problems of SC/ST women ene - gavi Fo! g in me wi eC Tes ar an a se thm Rights Ive pli 7. Resolve plights or troubles of wid 207 places, lows, particulariy ; ees Ularly in religious Ze the g. Protect women victim of dom ith the sete estic vio} hi ‘ lence Sand 9. To achieve improvement in St 10.Dowry ‘tus of women in India 11.Child marriage por Children The various Benefits under Right to phere F meee Education and other acts for children RTE helps to provide ace i ok "ess to secondary and higher education 2. RTE helps to provide education to chi r te ‘ ; ‘0 child labor, migrant children, ae and Se with special needs, the 3 RTE Provides an opportunity to reach the unreached, ning, particularly the disadvantaged such as child labor. other 4, Provides an opportunity to reach the unreached, particularly Ic for the disadvantaged such as child labor and 5. Prohibition of child labor 6. Prohibition of child marriage unity 7. Act against sexual abuse of children SC/ST and backward caste and minorities groups of people who remain i those Marginalized group refers to bjugation or depression for i f lenial and sul ‘ : many year cour, Tey ae toatl he ation A With other section of society. Denial of their a resources conomic and political rights and eee ee ‘They have negative ee eae eae ae sad ‘on the path of ores wldieteameegeme epee ee oT Week gilda Dalits , Adivasi Tee gira on these age The discourse of Human Rights of the rest of ‘tganized workers. The di of Human aoa 20208 Environment Management and Human Righy, economic, cultural differences. To overcome these problems there are various provisions of human rights and Constitutional or legislative protections. Human Rights and National constitutions Protect this vulnerable section by means of Acts, Special Policies and programmes along with Global Efforts by UN National Commission for Minorities Constitution of India doesn’t define the word ‘Minority’ but has used the word minorities considering two attributes religion or language of a person. For minorities Constitution of India has envisaged a number of rights and safeguards. To provide enough equality and to dwindle the discrimination, makers have spelt out various things in Fundamental Rights (PartIII); Directive Principles of State policy (Part IV) and also the Fundamental Duties (Part Iv-A). However, with rising right and rising wedge between right and left and also the ephemeral political aspirations of various political parties have diluted the discrimination safeguards. The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minority communities by the Union Government all over India. Original notification of 1993 was for Five religious communities Sikhs, Buddhists,Parsis,Christians and Muslims For minorities Constitution of India has envisaged a number of rights and safeguards. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minoritycommunities by the Union Government all over India. Human rights of the minorities groups Minorities are group of people numerically less to the rest of the population ofa state whose members b ethnic, religious, linguistic charact: group of population. It ensures the ing citizens of the state possess eristic differing from the majority following:- prviron® ov mmoanppvronment Management and Fiymgy Rights man Rights a. State shall not deny tg any pery 209 01 here are of law or equal protection” law a ality before the court Bislative b. There should not be any tine, the territory of India, : us i rect thig of religion, sex, place of birth, PY state on the basis ramme; als 2 : e. Equality in opportunity for Public employment d. Right to equality. ae i e. Infuse a sense of complete Confidence in them. ut has ‘ ality in free i onion Equi fe ‘ “© profess, practice, Propagate religion eae g. inc ig) t guarantees the freedom to manage the religious nough affairs of institutions. elt out h, Additional protection to Teligious activity by exempting funds ples of from tax labiality. IV-A). i, Ethic and linguistic minorities are bestowed with distinct set id left of cultural and educational tights. arties Unorganized work force n for Our labor force is two types; one is formally organized and second isunorganized. Organized one consist of (State/ coarall senemigeetee along with registered public or private companies. i oe nnd sector keeps huge majority of work force soo a es ae Errore pais ion orate ee ae Pm. About oo eda abesseseesp sont income e .d sector with low wages wlan cetegeatia ron eee very poor working and without job security and poe aera ‘nvironment as well. The pathetic situati pee eerie ee in Government is not able to intervene pees cee tiie te labor market. Since there are oe eee anleare = ‘nefits of them only goes to organize fortunate lot. There shoul is a hapless or unto” Jation concerning “horganized labor totally as rehensive legisla' tis rary ser Lee anos emergence the social security of un to the organized aD “of relief to the Y*tto be protected as sarees become @ ° Principle of human right 4c 7 Satire ae working grUP sAct, im ikhs,210 Environment Management and Human Righy, Basic Principles for the Treatment of Prisoners Adopted and proclaimed by General Assembly resolution 45/1; 1 of 14 December 1990 1. Allprisoners shall be treated with the respect due to their inherent dignity and value as human beings 2. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or socia} origin, property, birth or other status. 3. Itis, however, desirable to respect the religious beliefs and cultural precepts of the group to which prisoners belong, whenever local conditions so require. 4. The responsibility of prisons for the custody of prisoners and for the protection of society against crime shall be discharged in keeping with a State’s other social objectives and its fundamental responsibilities for promoting the well-being and development of all members of society. 5. Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human tights and fundamental freedoms set out in the Universal Declaration of Human Rights, and, where the State concerned is a party, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as such other rights as are set out in other United Nations covenants. 6. All prisoners shall have the right to take part in cultural activities and education aimed at the full development of the human personality. 7. Efforts addressed to the abolition of solitary confinement as 4 punishment, or to the restriction of its use, should be undertaken and encouraged. 8. Conditions shall be created enabling prisoners to undertake meaningful remunerated employment which will facilitate theif reintegration into the country’s labour market and permit them to contribute to their own financial support and to that of theif families. 8 ati Serge 836vironment Management and Hyman Rights n Rights prisoners re have access to the health mu . without discrip i country ou! discrimination = Services Available in the 5/111 situation. © Brounds of their 1 ; . eet legal 10, With the participation ang help of th, lerent institutions, and with due Tegard ¢ fe community and social ia 0 the ji ‘ favoura le Seer Shall be created for fetes of victims, our, a Passaic society unseetn ke Dossibgg eration of the “Ocial | 1, The above Principles shall nie Conditions, I be applied imp _ Science, Technology ang Human Righ: local artially, its | Itis possible to discern at least ff ive connections betwe i _ technology and human rights: Soren 1 for 1 in Scientists and engineers have human Tights: these tights include ital —_—the freedom to associate with others in their Profession, to conduct tof research (responsibly) to inves : 8 3 3 3 i g internationally. Science and technology can be applied for human rights purposes: since at least the 1980s scientists and engineers have been developing and applying tools and methods that have strengthened human rights work, unearthing new truths, validating findings and providing the Credibility of robust empirical data to support claims. The conduct of science and the applications of science ‘ethnology can. have negative human rights implications: following : tocities of the Second World War, concerted efforts have se ms A ‘ugh legal proscription and institutional oversight wn ae Nsure against unethical practices and human eae i *"tPetrated by scientists, engineers and health profpnvit @ 22 Environment Management and Human Righy, neers can be a constituency for human rights Scientists and engi cement of Science to the from the American Association for the Advai Committee of Concerned Scientists, Physicians for Human Rights ang «i the International Council for Science, increasingly scientists ang ai) engineers are bringing their voices to human rights issues of relevance 6 to their work and discipline, not just as individuals with a persona} passion for human rights, but as members of large professional ang scholarly societies that recognize a role for scientists and engineers in human rights. Co All these connections between science, technology and human Co rights are only recently being explored and positively exploited. There off are several reasons for that, including the initial reluctance on the part of most Western nations to acknowledge economic and social or rights as human rights imposing legal obligations on the State; the general separation of human rights practitioners from the scientific community, in principle and in practice; and the absolute failure of any interested party to explore and articulate the practical implications of the right to science. However, this has started to change. National Human Rights Commission National Human Rights Commission is a statutory body responsible for the protection and promotion of human rights in the country. The National Human Rights Commission was established in the year 1993 by the Protection of Human Rights Act, 1993 passed by the Parliament. It must be headed by the retired chief justice of India. National Human Rights Commission: The National Human Rights Commission is responsible for the protection and promotion of human rights in India. The Protection of Human Rights Act, 1993 states that the commission is the protector of “rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International covenant”. Composition of NHRC: NHRC comprises of a chairman and four members. The chairma? should be a retired chief justice of India. The other members should begvonment Management and Human Rigi, man Rights | # _ ne Member who is, o; mS rohie: YO india TAS Been, a Judge of th 213 = 0 the a © Supreme Court s Member whois, thts ang fi) One ‘ or has been, the Chief, Justice of Lt am qa) two Members to be appointea from amo; High Court levance knowledge of, or practical experience in, a NE persons having ersonal rights ' matters related to hunt eo Apart from these memb. gineers ers, the Chass ’s, National commission for STs and National Commission for Wom: officio members. otieelgee President appoints the chairperson and members of th on the recommendation of a six member ae committee consisting of (ij The Prime Minister (chairperson) (i) The Home Minister (ii) The Speaker of the Lok Sabha (iv) The Leader of the Opposition in the Lok Sabha (v) The Deputy Chairman of the Rajya Sabha (vi) The Leader of the Opposition in the Rajya Sabha Functions of NHRC: According to the protection of Human Rights Act, 1993, below are the functions of NHRC: (8) Inquire suo motu or on a petition presented to it, bya. victim, ¢ any person on his be into complaint of violation oe a or negligence in the prevention of such violation by a P Servant. dia. “| ion of violation (0) Intervene in any proceeding involving any cece of Bink of human rights before a Court with the Pata isis dk Visit any jail or detention places y ae sca A det ake reco! al ie ee ied the constitution of any der : (q) rs ided by or unt ec eentenuat ets atx ase eg fre ot OS law for the time being in ait implemé and recommend measures ‘rite Environment Management and Human Right, (c) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedia} measures. () Undertake and promote research in the field of human rights, (g) Spread human rights literacy among various sections of Society and promote awareness of the safeguards available for the protection of these rights. Encourage the efforts of Non-Governmental organizations and institutions working in the field of human rights. () Undertake such other functions as it may consider necessary for the promotion of human rights. Powers of NHRC are:- (h) 1. Tosummon/call for and enforce the attendance of witnesses and examine them on oath; To search or find and produce documents. To receive evidence on affidavit; 4. To demand of any public records or copy thereof from any office including court; 5. To constitute Commissions for cross examination of witnesses or documents. 6. To utilize service of any investigating agency of Central/State Government if necessary. 7. Commission can also act up on any public criticism on violation of human rights. 8. Commission has the power to take all out effort in the areas of insurgency and terrorism, custodial death, rape, torture, etc for bringing normalcy in society and justice to victims. 9. Commission has the power to engage in any treaty and its implementation as an instrument for human right literacy. 10. Commission a also have the power to join hand with _ nongovernmental or non statutory Human agencies working for r Si a] jonment Management and Human Right hn the | state sie a Commission 215 lial qhe Protection of Human Rj ights eation of State Human Rights Co _ of 1993 provilids aman Rights Commission can eager at the state level i Bee ! ji lire into violati A State S | lated to subjects covered under state list and Stion of human rights he seventh schedule of the Indian Constitutio, concurrent list in the | mn. The Protection of Human Ri HHS } | t ad qeation of State Human Rights Commis; of 1993 provides for the or | related to subjects covered under state list an Composition: | Humee Rights (Amendment) Act, 2006 consists of three members including a chairperson. The chairperson should be a retired Chief Justice of a High Court. The other members should be: (i) A serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District judge. (i) A person having practical experience or knowledge related to human rights. ‘The Governor of the state appoints the chairperson and other members on the recommendations of a committee consisting of the Chief Minister as its head, the speaker of the Legislative oa the state home minister and the leader of the opposition in the legislative Assembly. The chairman and the leader of the opposition és ecin of logic emereeeeneeaiciaiec’be The memorts Oo committee the state has legislative 0% five years or until and members is 3 tae ae eo agit whichever js earlier. After the a attain the ane ol they are ot eligible for any ee pletion of their tenuTe, sant of the central governm ‘™ployment under the statene Environment Management and Human Righy, However, chairman or a member is eligible for another term in the commission subject to the age limit. Functions of the Commission: According to the protection of Human Rights Act, 1993; below are the functions of State Human Rights Commission: (a) Inquire suo motu or on a petition presented to it, by a victim, oy any person on his be into complaint of violation of human rights or negligence in the prevention of such violation by a public servant, (b) Intervene in any proceeding involving any allegation of violation of human rights before a Court with the approval of such Court, (c) Visit any jail or any other institution under the control of the State Government where persons are detained to study the living conditions of the inmates and make recommendations thereon (d) Review the safeguards provided by or under the constitution of any law for the time being in force for the protection of human rights and recommend measures for their effective implementation. (e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures. () Undertake and promote research in the field of human rights. (g) Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights. (h) Encourage the efforts of Non-Governmental organizations and institutions working in the field of human rights. () Undertake such other functions as it may consider necessary for the promotion of human rights. Powers of the Commission 1, The commission is vested with the power to regulate its ow? procedure. 2. Sct ne ateaimcsanaatnanintet judicial character.onment Management ay paviro "d Human Righs » Rights may call for info In the : rmation or any other authority Subordinate Om the state gon It has the power to y, lereto, ernmen; qhich may be claimed y furnish information on p, 217 tor “quire any Perso; der any N subject - LY law f . to any privi ints or matre ee time being p eee latters useful 8 in force, to f inqui . subject matter of inquiry. The commi for, or releva; "i sion a int to the n, or within one year of its occurrence, fan look into matter ne fuman Rights Education vant. The United Nations Decade for Human Rit tion) 2904) has defined Human Rights pag cation (1995. has : cat Wears yurt. dissemination, and information efforts seer tee ca the universal culture of human rights through the imparting Bes a ving and skills and the molding of attitudes which are directed to: fi on ii (a) The strengthening of respect for human rights and fundamental any freedoms; hts (b) The full development of the human personality and the sense of its dignity; () The promotion of understanding, respect, gender equality, and friendship among all nations, indigenous peoples and racial, national, ethnic, religious and linguistic groups; The enabling of all persons to participate effectively in a free society; : () The furtherance of the activities of the United Nations for the > d from the Plan of Action of the Maintenance of Peace.” (Adapted fre Tecuication (1995-2004), United Nations Decade for Human Rights Paragraph 2) During this Decade, the UN is States to make knowledge about hu! ‘hrough both the formal school syste™ ‘ducation, Human Rights Education as @ Human Rig right js itself a fundamen si ei Eueation in lumen rieh ple to the Universal “nd also a responsibility: (d i ber ing and supporting all mem! eanet available to everyone aed through popular and adult218 Environment Management and Human Righy, of Human Rights (UDHR) exhorts “every individual and every organ of society” to “strive by teaching and education to promote Tespect for these rights and freedoms.” The International Covenant on Civil ang Political Rights (ICCPR) declares that a government “may not stand in the way of people learning about (their rights]. People who do not know their rights are more vulnerable to having them abused and often lack the language and conceptual framework to effectively advocate for them. Growing consensus around the world recognizes education for and about human rights as essential. It can contribute to the building of free, just, and peaceful societies. Human rights education is also increasingly recognized as an effective strategy to prevent human rights abuses. Rights, Responsibilities, and Action Integral to learning about one’s human rights is learning about the responsibilities that accompany all rights. Just as human rights belong to both individuals and society as a whole, the responsibility to respect, defend, and promote human rights is both individual and collective. The Preamble of the UDHR, for example, calls not only on governments to promote human rights, but also on “every individual and every organ of society.” Human rights education provides the knowledge and awareness needed to meet this responsibility. The responsibilities of all citizens in a democratic society are inseparable from the responsibility to promote human rights. To flourish, both democracy and human rights require people’s active participation. Human rights education includes learning the skills of advocacy ~ to speak and act every day in the name of human rights. Human rights education also provides a basis for conflict resolution and the promotion of social order. Rights themselves ofte? clash, such as when one person's commitment to public safety conflicts with another's freedom of expression. As a value system based 0” respect and the equality and dignity of all people, human rights ca create a framework for analyzing and resolving such differences: Human rights education also teaches the skills of negotiation, mediation, and consensus building. wits