Author Archive for Genevieve Zingg

Death Penalty for Child Rapists in India: Populist, Hasty, Counterproductive

by Shardool Kulkarni, a law student at the University of Mumbai

This January, an eight-year-old girl hailing from a minority shepherding family in India was abducted, gang raped and brutally murdered in the Kathua region of Jammu and Kashmir. In the subsequent months, the incident generated polarized reactions in India and around the world, with public outcry juxtaposed against the response from individuals in authority and alleged politicization of rape owing to the victim’s minority status. The ensuing public discourse has placed the ruling dispensation headed by Prime Minister Narendra Modi under intense scrutiny, particularly in relation to the government’s stance and policies regarding child rape.

In April 2018, the Criminal Law Amendment Ordinance, 2018 was promulgated. The said ordinance brought in several changes to the existing legal framework pertaining to child rape in India, the most significant being the imposition of the death penalty as punishment for rape of a girl below the age of twelve years. The move, while hailed by some as an example of the government’s toughened stance on child sexual abuse, was criticized by academics, judges, NGOs and legal practitioners as being likely to worsen the plight of victims of child sexual abuse.

Disincentivising Reporting

The Kathua rape case involved the victim being abducted, drugged, gang-raped and brutally murdered by eight persons, including four policemen. However, it is pertinent to note that this is not the norm when it comes to instances of child sexual abuse: according to the National Crime Records Bureau of India, 95.5 percent of rapes are committed by persons known to the victim. The perpetrator of abuse is not the figurative shadowy stranger who strikes fear into the minds of the public, but rather the more closely known devils such as parents, older siblings, teachers, neighbors, or family friends. Victims of rape aged below twelve years are also unlikely to report a crime unless an older family member does so on their behalf. The likelihood of this happening is already low and could be diminished further if the consequence of reporting is the death penalty. As such, the amendment is likely to push the already underreported crime of child sexual abuse deeper into the chasm of unspoken, unacknowledged secrets of Indian society.

A Death Sentence for Victims?

The ordinance seemingly also ignores the possibility that making the act of raping a girl below twelve years punishable by death, a punishment usually reserved for murders, could encourage perpetrators to kill their young victims. Rape is an exceedingly difficult crime to prosecute if the only witness in most cases, the victim, is dead. While it may seem counterintuitive that a rapist would murder his or her victim and increase his or her chances of being sentenced to death, the heightened risk of being caught if the victim survives and thereby receiving the death penalty anyway could, in the opinion of some, prompt more rapists to kill their victims.

Indian students protest against rape in India in 2015. Sexual assault of women has been an ongoing issue in India. // Sajjad Hussain // AFP Photo

Following the enactment of the Criminal Law (Amendment) Act, 2013, the term “rape” has been accorded a wider connotation, including not only the traditional notion of penetrative sex but also other forced sexual acts such as fellatio. Thus, “rape,” as defined by the Indian Penal Code, is unrelated to the risk of death and need not necessarily be an act that may result in the death of the child owing to the sheer physical violence accompanied by it. Placing the punishment for raping a child on the same pedestal as the punishment for murdering a child might simply incentivize more abusers to ensure that their victim does not live to tell the tale.

Gender Bias: An Evidence of Populism and Apathy

Most media outlets in India carried news of the government’s decision on child rape. Interestingly, the ordinance only makes the rape of girls below the age of twelve years punishable by death, casting a blind eye toward male victims who constitute 52.94 percent of the victims of child sexual abuse in India. This sidelining of male victims points to a knee-jerk response to momentary outrage, a clear manifestation of the skewed discourse surrounding sexual violence that too often turns a blind eye to male victims. 

Subsequent to the promulgation of the ordinance, the Central Government announced its intention to amend the Protection of Children from Sexual Offences Act (POCSO) in order to make the changes brought in by the ordinance apply to male victims as well. While the move is a welcome one, it further highlights the fact that the policy in question was a hasty move.

Death Penalty: An Ineffective Deterrent

In its 262nd report, the Law Commission of India concluded that there was no evidence to suggest that the deterrent effect of the death penalty was any better than that of life imprisonment. In the United States of America, for example, states that did not impose capital punishment for homicide were found to have lower homicide rates than states that did impose capital punishment. As such, the presumption that the death penalty acts as an effective deterrent is fundamentally flawed.

Moreover, presuming that death penalty does indeed deter child sexual abuse, the deterrent effect is watered down significantly in India by poor case disposal and conviction rates. In its 2016 report titled “Crime in India,” the National Crime Records Bureau revealed that the conviction rate under the POCSO Act is an abysmal 28.9 percent. To make matters worse, pendency in cases of child rape was 89.6 percent. Moreover, there are no witness protection programs in place, and no probe has been made into the functioning of Child Welfare Committees set up by the government. Imposing stringent punishments becomes meaningless if the law remains a mere dead letter.

Several persons in authority responsible for the ruling dispensation, including two ministers in the State of Jammu and Kashmir, protested against the arrest of the accused in the horrific Kathua rape case. The apathy of the police authorities, the statements made by persons in power and the communal color that the entire incident acquired created a strong public sentiment against the ruling party on the issue of child rape. In this light, the Criminal Law (Amendment) Ordinance, 2018 can only be regarded as a hasty and populist move to placate the outraged public without addressing, and moreover possibly aggravating, the plight of the innocent victims of these horrific human rights violations.

 

Shardool Kulkarni is in his penultimate year as a law student of the five-year law course at the University of Mumbai. He holds the distinction of being the youngest Indian to have deposed before a parliamentary committee in Indian legislative history. In the past, he has worked as a law trainee under Justice F. M. I. Kalifulla, Judge, Supreme Court of India, and as an Attaché to the Office of the Speaker, Lok Sabha, Parliament of India.

A Way Forward? Climate Change, Immigration, and International Law

“Climate refugees” will be the new face of immigration. Why isn’t international law prepared? This story is Part II of a two-part series on climate change, immigration and international law.

By Genevieve Zingg, editor of RightsViews and an M.A. student in Human Rights Studies at Columbia University

A potential solution to the looming issue of climate migration has recently been put forward by a commission of academic and policy experts who spent the last two years developing the Model International Mobility Convention. The proposed framework establishes the minimum rights afforded to all people who cross state borders, with special rights afforded to forced migrants, refugees, migrant victims of trafficking and migrants stranded in crisis situations.

A Way Forward? Advancing the International Mobility Convention

The Mobility Convention broadens the scope of international protection by recognizing what it terms “forced migrants.” Climate migrants lacking legal grounds for asylum under the 1951 Convention would qualify for protection under the forced migrant definition it advances.

“We were looking for rules that will really improve protections for forced migrants and refugees,” says Michael Doyle, who helped develop the Model International Mobility Convention as the director of the Columbia Global Policy Initiative and co-director of its International Migration project. “The moral claims that they make on us— environmental reasons— are not that different from the grounds of the 1951 Convention, which are just too narrow,” he said. “We have no expectation that Trump, Viktor Orbán in Hungary or Andrzej Duda in Poland will be interested. But this is a long game, so we’re visiting universities and NGOs to explain the logic behind this highly comprehensive convention that we’ve prepared.”

Doyle rattles off an enviable list of recently visited cities— Nairobi, Mumbai, Paris, London, Ottawa, Vancouver, Barcelona, São Paulo— where he’s travelled to spread the word about the convention. “The hope is to build a valuable network of alliances, building the kind of coalition that will get the attention of friends in government, a sufficiently significant number of them that this prospect might be established,” he explained.

He cites the landmark Mine Ban Treaty, signed in Ottawa in 1997, as exemplifying the power of academic and civil society organizations mobilized in pursuit of a common goal.

The Mobility Convention proposes key changes to international migration, for instance in terms of responsibility-sharing. “The current principle is responsibility by proximity,” Doyle says, referencing the disproportionate impacts of the Syrian conflict on neighboring countries Turkey, Lebanon, and Jordan. “84 percent of refugees live in developing countries nearby, and that is not sustainable.”

On the outskirts of Dadaab refugee camp, a family gathers sticks and branches for firewood and shelter. The carcasses of animals which have perished in the drought are strewn across the desert. //  Andy Hall // Oxfam East Africa, 2011

According to Susan Martin, founder of the Institute for the Study of International Migration at the Georgetown School of Foreign Service and previous executive director of the U.S. Commission on Immigration Reform, the vast majority of climate migrants will be internally displaced, or will travel cross-border to a neighboring country that isn’t much better off than they are.

“Some are able to use their social networks and social capital, their skills and financial resources to move, but the most highly vulnerable people don’t have any of that capital – and if they can move, it’s not very far from where they’re already endangered,” she said. 

“Responsibility is nominally determined by your capacity to exist, but this top-down quota system fell flat in Europe,” Doyle explained. “We’re proposing using naming and shaming against a set of standards to encourage better behavior.”

The proposed system would have UNHCR annually identify refugee costs and the number of refugees needing to be resettled worldwide. The agency would then examine country population, GDP, past refugee loads and so on in order to determine a proportionate quota system based on each country’s capacity. Countries would be expected to make voluntary pledges in terms of dollars and resettlement based on the agency’s calculation. To create a naming-and-shaming incentive, UNHCR would publish a report at the end of each year revealing whether each country lived up to its commitments and resettled its fair share of refugees according to its socioeconomic capacity.

The political tensions that come with responsibility-sharing could be dramatically lessened if we start now. According to Martin, the key is building resilience early by focusing on increasing financial resources and human capital. Australia and New Zealand, for example, have begun admitting people in small numbers who can form the backbone of a diaspora for later climate migrants. Seasonal programs providing supplementary income for farmers and fishers affected by environmental impacts can similarly help raise financial and educational resources.

“This way, they’ll be better able to meet the standards of immigration in other countries rather than being treated as an emergency,” Martin said.

“It’s much better to help people qualify for legal immigration instead of responding to it as a crisis,” Martin emphasized.
“That’s what happened with the Syrian crisis – European countries, including those in Eastern Europe, could have easily absorbed those numbers.”

Conflict, Chaos, Money: Good Preparation is Good Politics

Governments have many incentives to prepare for climate migration. Climate impacts will exacerbate conflict, and failure to prepare legal avenues for displaced persons will only further increase the risks of regional destabilization. For example, climate-related conditions, particularly droughts, have driven conflicts in Syria, Yemen, and contributed to the outbreak of the Arab Spring across several countries in the Middle East and North Africa in 2010.

Man holding a boy during a clash near the border train station of Idomeni, northern Greece, as Macedonian riot police block refugees from crossing the border, August 2015. // AP Photo // Darko Vojinovic

“If no attention is paid and no relevant action is taken to resolve conflicts, you have thousands of refugees in the region with no solution and no prospects for peace to allow voluntary return,” Bertrand warned, highlighting that refugees now make up 25 percent of Lebanon’s population. “Those very numbers can destabilize the destination country – and these situations can last 15, 20 years.”

Bertrand pointed to Afghanistan to illustrate how protracted refugee situations can be. He was sent to Kabul in 1988 to repatriate Afghans after the departure of Soviet forces, as legal arrangements were made for UNHCR to open a repatriation office and ensure that displaced Afghans could return home. “But it’s been 30 years and there are still significant numbers in Pakistan that have not yet returned,” he explained, “and the situation is still triggering new movements.”

Second, contrary to right-wing rhetoric, immigrants actually have positive economic impacts on host countries. Doyle urges the implementation of labor-based migration. “Why not identify where a country is likely to experience shortages and open up visas for this?” he asked, pointing to Canada and Australia, two countries that have already started doing this.“Legal documentation is a win-win all around: design a better system, say, matching recent graduates with openings. There will be a large demand in many areas.”

Martin similarly highlights that many immigrants have the skills needed for the labor force in highly developed countries, especially when considering the implications of aging baby boomers. The reality is that immigrants are not often competing with natives for jobs. 

What now? Making Migration a Social Norm

To convince people opposed to migration,  we need to focus on making migration in urgent circumstances a norm. Looking at the populist boom in North America and Western Europe, Martin highlighted that framing migration solely in terms of international law and international frameworks can feel elitist, as it excludes large swaths of society who have been excluded from these types of issues and discussions. Rather than appearing as hot topics during sudden times of unrest, concepts of migration and displacement should be promoted at an earlier stage so people of all strata, education levels and belief systems grow up understanding the phenomenon to be natural and normal.

A “Refugees Welcome” sign displayed on the Palacio de Cibeles in Madrid, October 2015. // Harvey Barrison //  Creative Commons.

Doyle urges students to campaign in the human rights sense of climate migration, lobbying governments, forming campaigns, and mobilizing in support of low-hanging policy fruit like family reunification. He suggests looking to cities as bases of support. 

The private sector, too, presents a key partnership opportunity. Companies like Ikea, Google, and Uniqlo all have corporate social responsibility initiatives that can be mobilized in support of more adept immigration policies.

Over the next ten years, Doyle hopes that civil society and academia will mobilize in support of the Mobility Convention, urging cities and governments to adapt immigration policies and offer stronger protections to both conflict and climate-driven migrants.

“By 2028, we hope to have formed a coalition,” Doyle says. “A coalition that will see the value of bringing international law up to date.”

Genevieve Zingg is currently pursuing her Master’s degree in Human Rights Studies at Columbia University, focusing on human rights in the context of armed conflict, counterterrorism and national security. She is interested in refugees and migration, foreign policy and international politics, international criminal and humanitarian law, and intersectional issues of race and gender. She holds a B.A. (Hons.) from the University of Toronto and has professional experience working in Geneva, Athens, Paris, Brussels and Toronto. Connect with her on Twitter @GenZingg. She is editor of RightsViews. 

When the Wave Comes: Climate Change, Immigration, and International Law

“Climate refugees” will be the new face of immigration. Why isn’t international law prepared? This story is Part I of a two-part series on climate change, immigration and international law.

By Genevieve Zingg, editor of RightsViews and an M.A. student in Human Rights Studies at Columbia University

“Climate refugees”— broadly defined as people displaced across borders because of the sudden or long-term effects of climate change—are not a future phenomenon. Climate migration is already happening in a growing number of countries around the world: the Internal Displacement Monitoring Centre estimates that the impact and threat of climate-related hazards displaced an average of 21.5 million people annually between 2008 and 2015. In 2016 alone, climate and weather-related disasters displaced some 23.5 million people.

Floods, droughts and storms are the primary causes of climate-related displacement. In the coming decades, severe droughts are expected to plague northern Mexico, with some studies predicting up to 6.7 million people migrating to the U.S. by 2080 as a result. High-intensity storms like cyclones have already displaced thousands from Tuvalu in the South Pacific and Puerto Rico in the Caribbean, and rising sea levels are projected to put Kiribati, a tiny Pacific island with the smallest carbon footprint in the world, completely under water.

A woman and child walk through Chennai, India after severe floods in December 2015. // Anindito Mukherjee // Reuters

Projections of future migration patterns expect at least 200 million citizens to flee their homelands by 2050. Further, according to a recent paper investigating the correlation between migration and significant fluctuations in temperature, asylum applications will increase by almost 200 percent by the end of the century if greenhouse gas emissions continue unabated. 

“Climate Refugees” Do Not Exist  Technically

The problem, however, is this: under international law, there is technically no such thing as a “climate refugee.” The 1951 Refugee Convention and the Additional Protocol adopted in 1967 define the term “refugee” as “any person outside their country of origin and unable or unwilling to return there or to avail themselves of its protection, on account of a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular group, or political opinion.” In other words, under the current framework, the millions of people soon to be displaced due to climate-related impacts will have no legal grounds to seek international protection.  

 


“It’s interesting how often the impact of climate change is illustrated by talking about the problems polar bears will face, rather than the much greater number of poor people who will die unless significant investments are made to help them.” 

Bill Gates, 2009

According to Pierre Bertrand, former Director of UNHCR in New York and Lead Rapporteur to the UN Global Migration Group, the “climate refugees” phenomenon is increasingly visible in the public discourse, despite its lack of legal status. “People are on the move for many compelling reasons. But what is more compelling than people whose country disappears?” he said.

The 2016 Paris Agreement, a landmark international climate agreement signed by 195 countries, failed to address climate-related disasters as a basis for asylum despite significant lobbying by international NGOs.

Bertrand says this was due to fears surrounding amending or expanding the definition set out by the 1951 Convention. “The thinking in UNHCR is that if we put this up for revision and discussion to adapt the Convention to contemporary forms of forced movement, it will risk downgrading the standards of the Convention itself,” he said. 

UNHCR// Ibarra Sánchez

Citing the current political mood towards migration, Bertrand highlighted the risk that opening the Convention to review may carry.

“Countries in the North and in Europe want to review the Convention to bring some limits to it, rather than improvements,” he said.

In December 2015, for example, Danish Prime Minister Lars Løkke Rasmussen suggested that the 1951 Convention might need to be renegotiated in light of the European migration crisis.

“In the discussion of migration, there is a divide between countries who export migrants, and the countries who receive them. Some are interested in how their nationals are treated in countries of transit and destination; they want the best treatment possible for their nationals,” Bertrand told RightsViews via telephone. “But then you have the elephant in the room: the countries in the north arguing that they have the competence to decide who to admit, which is a sacred principle. It remains the right of states to decide, based on the classic concept of sovereignty enshrined in the Charter of the United Nations.”

He points to the International Convention on the Protection of the Rights of All Migrant Workers, developed in 1990 and entered into force in 2003, to illustrate his point. “This Convention has 51 ratifications, all from the South. No developed country has ever ratified it,” he said.

Walls Won’t Work: Adapting National Immigration Policies

Despite the predictions of climate-fueled migration on the horizon, American and European political leaders are currently building walls and slashing annual refugee quotas. Among the most visibly anti-migrant is the Trump administration, which in only one year cut its federal refugee program by more than half, cracked down on undocumented immigration, deployed the National Guard to the Mexican border while the president’s controversial wall remains stalled, and proposed slashing legal immigration numbers by half over the next ten years. Anti-migrant policies are hardly unique to Donald Trump and strongly correlated with the rise of far-right populist parties across the European Union. The number of border walls around the world has jumped from 15 in 1989 to 70 today.

Flooding in the Walia neighborhood of N’Djamena in Chad, October 2012, caused by the rise of the Chari and Logone rivers. // Pierre Peron // OCHA

Susan Martin, founder of the Institute for the Study of International Migration at the Georgetown School of Foreign Service and previous executive director of the U.S. Commission on Immigration Reform, notes that migration is a natural and effective adaptation process for environmental changes. “There needs to be preemptive action to provide legal avenues to facilitate those movements,” she said.

Some countries have already begun to adapt their immigration policies in preparation for climate migration, particularly those who have already experienced it. After a devastating earthquake in 2010 killed 300,000 Haitians and displaced more than one million, Brazil developed a policy issuing humanitarian visas and work authorizations for those arriving from the stricken nation. Argentina and Peru have implemented similar policies accounting for people affected by environmental disasters, and New Zealand recently became the first country in the world to introduce a climate refugee scheme by creating a special “refugee visa” for Pacific Islanders forced to migrate because of rising sea levels. Humanitarian visas, work authorizations, and other legal pathways are innovative policy options that states can institute even without an overarching international legal framework.

Other states, however, have responded to high rates of current asylum applications by closing existing legal avenues for climate migrants. In response to the European “refugee crisis,” for example, both Finland and Sweden— previously hailed as the only two countries in the world recognizing environmental disaster as a basis for protection— recently removed the clause from their respective immigration and asylum legislation.

Part II of the two-part series on climate change, immigration and international law coming soon.

Genevieve Zingg is currently pursuing her Master’s degree in Human Rights Studies at Columbia University, focusing on human rights in the context of armed conflict, counterterrorism and national security. She is interested in refugees and migration, foreign policy and international politics, international criminal and humanitarian law, and intersectional issues of race and gender. She holds a B.A. (Hons.) from the University of Toronto and has professional experience working in Geneva, Athens, Paris, Brussels and Toronto. Connect with her on Twitter @GenZingg. She is editor of RightsViews. 

 

Taming the Bull: Can Global Finance ‘Save’ Human Rights?

by Genevieve Zingg, editor of RightsViews and a M.A. student in Human Rights Studies at Columbia University

The global financial system has long had a public image problem.

In the United States, Wall Street has become virtually synonymous with greed, power, and ruthlessness, a reputation turned into American lore by a long line of iconic films and insider tales. From the eponymous “Wall Street” starring Michael Douglas in 1987 to Leonardo DiCaprio’s 2013 role as Jordan Belfort in “The Wolf of Wall Street” and the dark story behind the 2008 financial collapse in “The Big Short,” finance has been cast as the epicenter for the self-interested and corrupt.  

David Kinley, chair in Human Rights Law at the University of Sydney, however, sees an opportunity to leverage Wall Street, and its international counterparts in London, Tokyo, Hong Kong and Geneva for the benefit of international human rights and social justice, a chance for finance to shed its bad reputation and become a positive force for socioeconomic impact.

Kinley, an expert member of high-profile London law firm Doughty Street Chambers, spoke at Columbia University in March about his new book, “Necessary Evil: How to Fix Finance by Saving Human Rights.” The book, a ten-year project aimed at bridging the gap between finance and human rights, argues that there is an unavoidable relationship between the two sectors.

David Kinley, chair in Human Rights Law at the University of Sydney, spoke at Columbia University in March. // Genevieve Zingg

Noting a lack of existing scholarship to investigate the intersectional scope between finance and human rights, Kinley says he deliberately chose a broad and accessible lens to kick off the conversation. Human rights, for instance, are defined in the book not according to technical legal instruments and international agreements but by our day-to-day understanding of the term: simply those things that give people dignity, respect, security and equality within a given community.

Citing the drop in global poverty over the last 30 years, Kinley emphasized that his critique of finance is not a rebuke of capitalism as a whole. Capitalism is to a large degree responsible for many positive economic effects, including overall increases in aggregate and global wealth.

“I’m not trying to say, let’s erase the capitalist system,” Kinley said, “but I do think its sharp edges can be dulled. It has become introspective, concerned with its own indicia of success rather than having a consciousness or awareness of its impacts outside finance itself.”

As the sole sector necessary for every other sector, human rights included, finance is in a unique position. However, it is precisely this exceptionalism that has rendered finance a dangerous purveyor of political power.

“There’s a revolving door between Wall Street and K Street,” Kinley said, referring to a corridor of top lobbying firms in Washington, D.C. “This is the same in all financial centers of power. You want the SEC and other watchdogs to know how the system works, but if they come from within, they may start to become protectors rather than scrutinizers of the system.”

He pointed to the recent appointment of Jerome Powell to head the Federal Reserve. Powell joins a growing roster of former Goldman Sachs attorneys and executives appointed to key U.S. economic policy positions. Despite campaign promises to “drain the swamp,” President Donald Trump has stacked his administration with a bevy of Goldman Sachs bankers. The list includes Steven Mnuchin, a former Goldman Sachs partner and current Treasury Secretary; Eric Ueland, a former Goldman Sachs lobbyist, now the Under Secretary of State; Gary Cohn, Trump’s top economic adviser; John Clayton, a lawyer who advised Goldman Sachs during the 2008 bailouts, now the chair of the Securities and Exchange Commission (SEC); and Steven Peikin, another former Goldman Sachs attorney, now one of two directors of the SEC enforcement division.

Wall Street has become virtually synonymous with greed, power, and ruthlessness, a reputation turned into American lore. // Photo by DFLORIAN1980 // Flickr

Perhaps the only thing worse than being ensnared by the unavoidable tentacles of the financial system, Kinley continued, is being excluded from it. However, he argues that the growing use of microcredit, microfinance and mobile money are slowly increasing financial inclusion among those previously left outside the system.

“I’ve just come back from Nepal, and everyone there owns a mobile phone— which allows you to have mobile money. People may be overcharged for it, but they will still go for it because they believe in themselves and their ability to break out of the cycle of poverty,” he said.

Overcharging is just one of many criticisms leveled at the microfinance industry like any practice, it is not without its risks. Predatory loan sharks reportedly thrive among microfinance initiatives in the developing world, and some studies find that overindebtedness can leave poor people more desperate than they were before. 

The talk at Columbia University focused on at bridging the gap between finance and human rights. // Genevieve Zingg

Joel Moser, founder and Chief Executive Officer of AQM Capital LLC and an adjunct professor at Columbia’s School of International and Public Affairs, defended the essence and objective of Wall Street. “It facilitates the movement of money so that companies can get started, so that Columbia can borrow money to build a new medical center, so a government can borrow to build water treatment centers,” he said.

Moser argued that there is nothing fundamentally evil about the system itself, nor is there anything wrong with people wanting to make money— as John Locke said, a central freedom of democracy is the pursuit of money. “There are evil actors, but there are evil actors everywhere,” Moser added.

Like Kinley, he pointed to the political side of finance as the sector’s major fault, pushing against the idea that human rights issues evolve from Wall Street itself. “It’s an issue of enforcement and regulation. When you have the Street controlling the government, that’s the problem, and that’s a problem with democracy,” he said, pointing to the National Rifle Association (NRA) as a pertinent example of lobby groups leveraging their political power to manipulate the very regulations meant to control them. The NRA’s influence on Capitol Hill is undeniable: of the 535 current members of Congress in both the House and the Senate, 307 have received direct or indirect financial contributions from the NRA. Similarly, the finance lobby spent a whopping $2 billion on political activity between 2015 and 2016. 

All this money can, of course, be used to drive human rights forward. Daniel Berezowsky, a second year student in SIPA’s Human Rights and Humanitarian Policy concentration, argued that finance is beginning to look beyond philanthropy to drive social impact. He pointed to the recent precedent of LGBT rights being embedded into World Bank loans, creating a significant incentive for human rights compliance even in countries firmly opposed to recognizing its LGBT members and communities. In 2014, for example, the World Bank blocked a $90 million loan to Uganda on the basis of its draconian anti-LGBT laws, the first time a loan was explicitly tied to the rights of sexual minorities.

The event was one of the first of many collaborations between the Human Rights and Humanitarian Policy and International Finance and Economic Policy concentrations. // Genevieve Zingg

Majda Radovanovic, a first year student in SIPA’s International Finance and Economic Policy program, argued that human rights have as much practical weight as they do moral or ethical. Like Warren Buffet’s classic principle— good practices pay off in the long run— there is increasing evidence that Environmental, Social and Governance (ESG) factors offer investors long-term performance advantages.

The most important issue is figuring out specific, concrete steps that can better fuse human rights and finance. “The broad, open-ended gist of human rights doesn’t help advocates be taken seriously by finance,” Kinley said. “Human rights are aspirational hopes of the most divine kind, but lack real steps describing how you achieve these goals— we need to drill it down to what it means in the specific context of finance.”

Radovanovic pointed out that unmet human rights needs may arise because the sector is simply unequipped to identify and address them. A potential partnership opportunity between government, human rights experts and the financial sector might help provide the missing education and information to fill this crucial gap, she said.

Joanne Bauer, who teaches business and human rights at SIPA and moderated the discussion, sees SIPA as an ideal place for productive collaboration between finance and human rights professionals given its expertise in both fields. She suggests that this event, a co-sponsorship between SIPA’s Human Rights and Humanitarian Policy and International Finance and Economic Policy concentrations, will be the first of many collaborations focusing on finance and human rights as tools for the promotion of corporate accountability.

“If we continue to oppose the bull, we’ll just be run over,” Berezowsky mused, in reference to the “Fearless Girl” boldly staring down the Charging Bull of Wall Street. “We need to learn to tame the bull, and use it for purposes that benefit human rights as well as finance.”

 

 

 

Genevieve Zingg is currently pursuing her Master’s degree in Human Rights Studies at Columbia University, focusing on human rights in the context of armed conflict, counterterrorism and national security. She is interested in refugees and migration, foreign policy and international politics, international criminal and humanitarian law, and intersectional issues of race and gender. She holds a B.A. (Hons.) from the University of Toronto and has professional experience working in Geneva, Athens, Paris, Brussels and Toronto. Connect with her on Twitter @GenZingg. She is editor of RightsViews.