Status of the Study by the Inter-Status of the Study by the Inter-American Commission on American Commission on Human Rights on Citizen Human Rights on Citizen

Security and Human RightsSecurity and Human Rights

Meeting of Experts to Prepare for Meeting of Experts to Prepare for MISPA II, Montevideo, Uruguay, August MISPA II, Montevideo, Uruguay, August

4 and 5, 20094 and 5, 2009

Juan Faroppa FontanaJuan Faroppa Fontana

The relationship between human The relationship between human rights and citizen security in the rights and citizen security in the Americas has been a constant in the Americas has been a constant in the work of the IACHR (in hearings work of the IACHR (in hearings during its sessions, the petition during its sessions, the petition system and precautionary measures, system and precautionary measures, thematic reports, and specific thematic reports, and specific reports issued following on-site visits reports issued following on-site visits to various countries of the region).to various countries of the region).

Purpose of the ReportPurpose of the Report

To propose recommendations to the To propose recommendations to the member states to help improve member states to help improve institutions, laws, policies, programs, institutions, laws, policies, programs, and practices regarding crime and and practices regarding crime and violence prevention and control.violence prevention and control.

To identify international human rights To identify international human rights standards in relation to citizen security, standards in relation to citizen security, in accordance with the provisions of in accordance with the provisions of international human rights law, international human rights law, particularly the instruments of the inter-particularly the instruments of the inter-American system.American system.

Preparation of the ReportPreparation of the Report

Hearing on October 14, 2005. Hearing on October 14, 2005. Presentation of a concept document by Presentation of a concept document by nongovernmental organizations. nongovernmental organizations. Consideration of the drafting of a thematic Consideration of the drafting of a thematic report by the IACHRreport by the IACHR

IACHR decision to prepare the reportIACHR decision to prepare the report Meeting of experts in Washington, D.C., on Meeting of experts in Washington, D.C., on

May 30 (technical and methodological May 30 (technical and methodological aspects)aspects)

December 2007: Questionnaire to member December 2007: Questionnaire to member states and nongovernmental organizationsstates and nongovernmental organizations

Cooperation AgreementCooperation Agreement

With the Office for Latin America With the Office for Latin America and the Caribbean of the United and the Caribbean of the United Nations Children’s Fund (UNICEF)Nations Children’s Fund (UNICEF)

Inclusion of the Office of the United Inclusion of the Office of the United Nations High Commissioner for Nations High Commissioner for Human Rights (UNHCHR)Human Rights (UNHCHR)

Second meeting of experts (Bogotá, September Second meeting of experts (Bogotá, September 18, 2008)18, 2008)

Subregional consultations with representatives Subregional consultations with representatives of member states, nongovernmental of member states, nongovernmental organizations, and experts: Southern Cone organizations, and experts: Southern Cone (Asunción, Paraguay, November 2008); (Asunción, Paraguay, November 2008); Central America, Caribbean, and Mexico (San Central America, Caribbean, and Mexico (San José, Costa Rica, March 2009); Andean José, Costa Rica, March 2009); Andean countries (Bogotá, March 2009)countries (Bogotá, March 2009)

Analysis of advances made in this regard in Analysis of advances made in this regard in research, studies, and other academic work in research, studies, and other academic work in the region the region

Need to Define the ConceptNeed to Define the Conceptof “Citizen Security”of “Citizen Security”

In order to determine the source of In order to determine the source of member state obligations under member state obligations under international human rights international human rights instruments.instruments.

The international human rights legal The international human rights legal system does not specifically embody system does not specifically embody the right to security in cases of the right to security in cases of crime or interpersonal or social crime or interpersonal or social violence. violence.

Source of the State’s International Source of the State’s International ObligationsObligations

Integrated body of rights made up of Integrated body of rights made up of rights that must be guaranteed because rights that must be guaranteed because of their special vulnerability in the face of their special vulnerability in the face of violent or criminal acts and whose of violent or criminal acts and whose prevention and control are the objective prevention and control are the objective of citizen security policiesof citizen security policies

In particular: the right to life, the right to In particular: the right to life, the right to physical integrity, the right to liberty, the physical integrity, the right to liberty, the right to the peaceful use of property right to the peaceful use of property (without prejudice to the other rights (without prejudice to the other rights examined in the report) examined in the report)

The definition of citizen security is at The definition of citizen security is at times overly broad (incorporating the times overly broad (incorporating the guarantee of other human rights) and at guarantee of other human rights) and at other times overly restrictive (limiting other times overly restrictive (limiting itself to action by the state’s system for itself to action by the state’s system for police and judicial control).police and judicial control).

Moreover, different terms are used to Moreover, different terms are used to refer to the subject of the study (“public refer to the subject of the study (“public security,” “human security,” “law and security,” “human security,” “law and order,” etc.) order,” etc.)

Citizen SecurityCitizen Security

This is the most appropriate concept to This is the most appropriate concept to address the problems of crime and address the problems of crime and violence from a human rights perspective.violence from a human rights perspective.

Because it focuses the topic on the Because it focuses the topic on the development of higher levels of development of higher levels of democratic citizenship.democratic citizenship.

Because it clearly indicates that the main Because it clearly indicates that the main objective of the policies established in this objective of the policies established in this regard is the individual, and not state regard is the individual, and not state security or the security of a specific security or the security of a specific political system.political system.

Definition of Citizen SecurityDefinition of Citizen SecurityAdopted in the ReportAdopted in the Report

A situation in which people can live free from A situation in which people can live free from the threats generated by violence and crime, the threats generated by violence and crime, and in which the state has the necessary and in which the state has the necessary capacity to guarantee and protect the human capacity to guarantee and protect the human rights directly jeopardized by those threats.rights directly jeopardized by those threats.

From a human rights perspective, it is a From a human rights perspective, it is a situation in which people can live free from situation in which people can live free from the violence perpetrated by state and non-the violence perpetrated by state and non-state actors.state actors.

In this context, citizen security is one of the In this context, citizen security is one of the dimensions of human security, a guarantee of dimensions of human security, a guarantee of human development.human development.

Citizen Security in the AmericasCitizen Security in the Americas

Structural adjustment policies began, as of the Structural adjustment policies began, as of the 1980s, to lead to a marked deterioration in the 1980s, to lead to a marked deterioration in the government’s role as a guarantor of the pact on government’s role as a guarantor of the pact on social harmony and triggered profound cultural social harmony and triggered profound cultural changes, primarily with regard to a restructuring of changes, primarily with regard to a restructuring of social and personal relations.social and personal relations.

This cultural transformation is one of the factors that This cultural transformation is one of the factors that have had the greatest impact on citizen security in have had the greatest impact on citizen security in the countries of the region, which have some of the the countries of the region, which have some of the world’s highest rates of crime and violence, with world’s highest rates of crime and violence, with young people the primary victims and perpetrators.young people the primary victims and perpetrators.

Moreover, crimes against property or theft, which Moreover, crimes against property or theft, which generally affect middle-income and low-income generally affect middle-income and low-income sectors, have risen steadily. sectors, have risen steadily.

Traditional citizen security policies in the Traditional citizen security policies in the Hemisphere have been characterized by Hemisphere have been characterized by their isolation from international human their isolation from international human rights standards. This has happened with rights standards. This has happened with the two most representative models of the two most representative models of these policies: the repressive model and these policies: the repressive model and the denial model.the denial model.

Both models agree on negating the Both models agree on negating the possibility of implementing citizen possibility of implementing citizen security policies from an effective human security policies from an effective human rights approach. rights approach.

Repressive ModelRepressive Model

Characterized by the implementation Characterized by the implementation of “zero tolerance” or “heavy-handed” of “zero tolerance” or “heavy-handed” strategies.strategies.

Ineffective in lowering crime rates; on Ineffective in lowering crime rates; on the contrary they have led to increased the contrary they have led to increased social violence and have become a social violence and have become a source of human rights violations.source of human rights violations.

Impunity and development of criminal Impunity and development of criminal power structures. power structures.

Denial ModelDenial Model

Posits that problems of insecurity in the Posits that problems of insecurity in the face of crime and violence do not exist face of crime and violence do not exist objectively (they are merely a fabrication objectively (they are merely a fabrication of society’s most conservative power of society’s most conservative power groups).groups).

The relationship between human rights The relationship between human rights and citizen security is limited exclusively and citizen security is limited exclusively to an indication of the negative to an indication of the negative obligations of states, with attention given obligations of states, with attention given to the restrictions they must respect in to the restrictions they must respect in implementing security policies. implementing security policies.

Citizen Security Matters in the Citizen Security Matters in the Americas as Human Rights Americas as Human Rights

ProblemsProblems Consideration of the scope of the obligations to Consideration of the scope of the obligations to

respect, protect, and guarantee these human respect, protect, and guarantee these human rights internationally assumed by the member rights internationally assumed by the member states: states:

Negative obligations (or obligations to refrain Negative obligations (or obligations to refrain from acting or interfering in the enjoyment of from acting or interfering in the enjoyment of specific rights) specific rights)

Positive obligations (or obligations to act or take Positive obligations (or obligations to act or take measures), which may involve not only relations measures), which may involve not only relations between persons and the state but also relations between persons and the state but also relations among persons or groups of persons in a among persons or groups of persons in a democratic societydemocratic society

The report evaluates the actions of The report evaluates the actions of member states in terms of whether or not member states in terms of whether or not they contribute to protecting and they contribute to protecting and guaranteeing the body of human rights guaranteeing the body of human rights jeopardized in the face of situations of jeopardized in the face of situations of crime and violence, for which the entire crime and violence, for which the entire government apparatus must be organized government apparatus must be organized and the corresponding measures taken and the corresponding measures taken with regard to laws, rules, and regulations with regard to laws, rules, and regulations as well as institutional procedures.as well as institutional procedures.

In this Context:In this Context:

Any limitations or restrictions that can be Any limitations or restrictions that can be legally imposed on the exercise of specific legally imposed on the exercise of specific human rights must be applied in light of human rights must be applied in light of international standards, as a guide and at the international standards, as a guide and at the same time as an inviolable limit for government same time as an inviolable limit for government intervention. intervention.

The design, implementation, and assessment of The design, implementation, and assessment of citizen security policies in the region must be citizen security policies in the region must be defined by the context of international human defined by the context of international human rights principles, especially the principles of rights principles, especially the principles of participation, accountability, and participation, accountability, and nondiscrimination.nondiscrimination.

Public Citizen Security PolicyPublic Citizen Security Policy

Understood as the guidelines or courses of Understood as the guidelines or courses of action that are established by government action that are established by government officials to achieve an established goal and officials to achieve an established goal and help create or alter the conditions in which the help create or alter the conditions in which the individuals and groups that make up society individuals and groups that make up society operate.operate.

An instrument for member states to meet their An instrument for member states to meet their obligations to protect and guarantee human obligations to protect and guarantee human rights, taking into account the various rights, taking into account the various dimensions of the problems caused by crime dimensions of the problems caused by crime and violence, by means of a comprehensive and violence, by means of a comprehensive approach to said problems.approach to said problems.

The positive obligations assumed by The positive obligations assumed by states require states to create public states require states to create public citizen security conditions that citizen security conditions that envisage, as a matter of priority, the envisage, as a matter of priority, the functioning of an efficient institutional functioning of an efficient institutional structure that guarantees the people structure that guarantees the people the effective exercise of human rights the effective exercise of human rights related to crime and violence related to crime and violence prevention and control. prevention and control.

Difficulties NotedDifficulties Noted

Care for victims of violence and Care for victims of violence and crimecrime

Privatization of security servicesPrivatization of security services Citizen security governanceCitizen security governance Professionalization and Professionalization and

modernization of police forcesmodernization of police forces Intervention of armed forces in Intervention of armed forces in

citizen security activities citizen security activities

The report specifically analyzes the following human rights The report specifically analyzes the following human rights that are related in particular to public citizen security that are related in particular to public citizen security policy and the negative and positive obligations incumbent policy and the negative and positive obligations incumbent on the member states to protect and guarantee them:on the member states to protect and guarantee them:

Right to lifeRight to life Right to physical integrityRight to physical integrity Right to personal liberty and securityRight to personal liberty and security Right to the peaceful enjoyment of propertyRight to the peaceful enjoyment of property It also examines: the right to procedural guarantees and It also examines: the right to procedural guarantees and

judicial protection, the right to privacy and to the judicial protection, the right to privacy and to the protection of honor and dignity, the right to freedom of protection of honor and dignity, the right to freedom of expression, the right to freedom of assembly and expression, the right to freedom of assembly and association, and the right to participate in matters of association, and the right to participate in matters of public interest. public interest.

ConclusionsConclusions Specific recommendations to the Specific recommendations to the

member statesmember states

Thank you very much.Thank you very much.