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Globalization
is
a
complex
and
ambiguous
phenomenon.
It
is
for
some
a
synonym
for
new
opportunities
made
possible
by
the
growth
of
exchange,
new
technology,
foreign
investment,
the
development
of
the
media
and
the
information
superhighways.
In
contrast,
for
others,
economic
globalization
has
generated
a
growth
in
poverty,
cultural
and
social
marginalization
aggravated
by
a
weakening
of
the
capacity
of
States
to
guarantee
the
respect
of
fundamental
rights.
In
this
way,
globalization
presents
itself
as
a
dual
phenomenon,
significant
for
some
as
the
integration
of
the
"global
village"
but
striking
the
majority
with
multiform
exclusions.
The
different
aspects
of
globalization
have
a
"multiplying
effect"
:
as
those
who
are
"integrated"
become
more
and
more
numerous,
those
who
are
"excluded"
find
themselves
increasingly
confined
to
the
margins
of
international
society.
Four
sub-themes
will
allow
us
to
analyze
the
link
between
globalization
and
exclusions.
For
each
one
it
will
first
be
necessary
to
examine
the
facts
in
order
to
consider
the
possibilities
of
action
by
human
rights
NGOs.
To
begin
with,
workshop
#1
will
aim
to
explore
certain
factors
which
create
exclusion
(the
impact
of
regional
or
international
liberalization
of
trade
for
instance)
as
well
as
several
economic
and
social
issues
which
are
associated
with
these
factors
(poverty
and
conflicts,
the
question
of
migration).
The
two
following
workshops
will
examine
in
depth
the
situation
of
those
groups
that
are
particularly
vulnerable
:
women
and
minorities.
Finally,
workshop
#4
will
examine,
the
pertinence
and
forms
of
law
to
respond
to
these
questions.
- I.
GLOBALIZATION
AND
ECONOMIC
AND
SOCIAL
EXCLUSION
1
Trade
and
human
rights
The
impact
of
the
liberalization
of
trade
on
fundamental
rights
is
enormous.
Yet,
the
trade
and
human
rights
legal
regimes
have
been
developed
on
parallel
tracks,
separated
and
sometimes
inconsistent.
Rare
are
those
States
ready
to
recognize
this
contradiction,
or
to
act
in
a
coherent
manner
to
remedy
it.
How
can
we
assess
the
impact
of
international
trade
on
human
rights
and
social
rights,
whether
in
the
implementation
of
bilateral
or
multilateral
trade
agreements,
or
from
the
activity
of
transnational
corporations
?
How
can
we
obtain
and
articulate
the
subordination
of
international
trade
law
to
the
international
law
of
human
rights?
1.1
Trade
Agreements
and
Human
Rights
-International
perspective
:
case
of
the
WTO
So
that
free
trade
does
not
become
an
end
in
itself
but
works
within
a
framework
of
sustainable
development
and
social
justice,
an
international
institution
is
of
course
indispensable
in
order
to
regulate
international
trade
flows
according
to
the
rule
of
law,
on
the
basis
of
mutual
and
fair
agreements.
In
effect,
liberalization
must
not
be
synonymous
with
deregulation.
Today,
the
WTO
interprets
the
principles
of
international
law
in
a
limited
fashion,
even
selecting
certain
principles
according
to
its
own
interests
and
agenda.
Under
a
pretext
of
wanting
to
"depoliticize"
trade,
the
WTO
tries
to
distance
itself
from
obligations
stemming
from
the
primacy
of
international
human
rights
law
over
other
international
treaties.
Moreover,
the
actual
functioning
of
the
WTO
gives
priority
to
the
wealthiest
countries
in
a
disproportionate
manner,
preventing
entire
regions
from
reaping
the
benefits
of
international
trade.
How
can
we
return
to
just
and
equitable
trade?
Is
the
insertion
of
a
"human
rights"
clause
is
preferable
to
a
simple
"social
clause"
?
Is
it
a
possible
remedy
for
the
endangering
for
rights
resulting
from
the
opening
of
markets?
What
must
be
the
role
of
human
rights
NGOs
in
this
debate?
What
partnerships
are
there
to
tighten
with
NGOs
already
engaged
in
this
debate
with
more
ideological
positions?
Would
that
constitute
a
contradiction
with
the
traditional
"apoliticism"
of
human
rights
NGOs
?
-Regional
perspectives
Case
of
the
Americas
The
debate
regarding
the
link
between
trade
and
human
rights
has
been
examined
through
the
social
impact
of
economic
integration
policies
in
the
region.
Some
aspects
of
the
"social
impact"
of
trade
agreements
have
been
taken
into
account
by
MERCOSUR
or
ALENA.
Indeed,
MERCOSUR
has
a
Consultative
Economic
and
Social
Committee
that
can
make
recommendations
to
governments
regarding
workers'
rights.
Contrastingly,
ALENA
has
the
North-American
Agreement
on
Employment
Cooperation
which
includes
an
economic
sanction
mechanism
if
the
standards
set
out
in
the
agreement
are
not
respected,
which
only
concerns
a
limited
set
of
rights.
How
can
the
fundamental
and
structural
of
this
clause
be
remedied?
As
the
negotiations
on
the
implementation
of
the
Free
Trade
Zone
of
the
Americas
take
place
and
several
months
before
the
Summit
of
the
Americas
in
April
in
Quebec,
what
are
the
demands
of
human
rights
NGOs
on
this
question?
Case
of
EU
agreements
with
third
countries
Throughout
the
1990s,
under
the
impulsion
of
NGOs
and
the
European
Parliament,
an
inclusion
of
explicit
clauses
concerning
the
respect
of
human
rights
and
democratic
principles
in
cooperation
agreements
between
the
EU
and
other
states
began.
If
we
count
countries
parties
to
the
Convention
of
Lomé
(Cotonou),
approximately
120
countries
are
linked
to
the
EU
by
a
clause
of
this
sort.
Yet,
this
mechanism
does
not
make
up
for
the
harmful
effects
of
trade
agreements
on
fundamental
rights,
and
notably
on
economic
and
social
rights.
How
should
we
assess
this
kind
of
conditionality?
Does
it
not
conceal
the
impact
of
liberalization
on
fundamental
rights?
1.2
Transnational
Corporations
Transnational
corporations
play
a
growing
role
on
the
global
economic
scene,
and
the
impact
of
their
activities
regarding
the
respect
and
the
promotion
of
human
rights
is
not
only
more
and
more
important,
but
equally
more
and
more
recognized.
The
growing
political
role
of
transnational
corporations
is
moreover
particularly
important
in
that
they
make
use
of
a
quasi-total
impunity
with
regard
to
the
consequences
of
their
investments
and
their
activities
when
it
comes
to
human
rights.
While
voluntary
"codes
of
conduct"
multiply,
diverse
initiatives
at
the
intergovernmental
level
(Global
Compact
of
the
United
Nations,
the
OECD
code
of
conduct,
the
drafting
of
a
Human
Rights
Code
of
Conduct
for
companies
at
the
Sub
Commission
of
Human
Rights
of
the
UN,
a
similar
initiative
at
the
European
Parliament…)
aim
to
develop
an
international
legal
instrument
in
order
to
make
private
corporations
accountable
at
the
international
level.
What
must
the
form
of
this
instrument
be,
must
it
be
binding?
Within
which
authority
must
it
be
negotiated?
Is
there
a
contradiction
between
the
voluntary
and
normative
approaches,
and
how
might
they
coexist?
Human
rights
NGOs
are
being
solicited
more
and
more
by
corporations
to
carry
out
human
rights
and
social
audits
on
the
latters'
compliance
with
international
human
rights
standards.
They
often
intervene
in
an
orderly
manner
in
an
area
where
an
international
binding
rule
is
lacking.
Should
priority
not
be
given
to
the
development
of
such
a
standard
that
would
hold
accountable
multinationals
?
2.
Poverty
and
Conflicts
The
conflicts
are
tightly
linked
to
desperate
economic
and
social
situations.
Unequal
access
to
productive
resources
such
as
land,
capital,
ability
or
basic
services
create
or
exacerbate
social
and
ethnic
tensions,
often
aggravated
by
the
presence
of
a
State
too
weak
or
too
corrupt
to
tackle
the
question
of
economic
and
social
rights
in
an
efficient
manner.
This
often
leads
to
a
"privatization"
of
conflicts.
In
fact,
the
origins
of
numerous
conflicts
lie
in
economic
or
social
demands,
whether
they
be
explicit
or
implicit.
15
of
the
20
poorest
countries
of
the
world
have
undergone
a
major
conflict
over
the
past
fifteen
years.
Moreover,
the
conflicts
affect
the
most
impoverished
in
a
disproportionate
manner.
Any
strategy
of
prevention
and
conflict
resolution
must
be
centered
around
the
respect
of
civilian
population's
economic
and
social
rights,
and
particularly
with
regard
to
minorities.
The
attitude
of
numerous
donors
of
funds,
that
is
the
imposition
of
the
conditionality
of
human
rights
in
order
to
benefit
from
profits
generated
from
arms
sales,
reveals
the
hypocrisy
of
the
international
community
and
illustrates
the
priority
granted
to
commercial
gains
to
the
detriment
of
conflict
prevention.
What
could
be
a
coherent
strategy
to
adopt
with
regard
to
the
arms
trade?
How
should
we
efficiently
articulate
the
fight
against
poverty
and
conflict
prevention?
3.
Globalization
and
Migration
Taking
into
account
the
political,
social,
economic
and
environmental
situations
existing
in
many
countries,
it
has
become
more
and
more
difficult,
even
impossible,
to
establish
a
clear
distinction
between
the
migrants
who
leave
their
country
because
of
political
persecution,
conflicts,
economic
difficulties,
environmental
destruction
or
for
several
of
these
reasons,
and
those
who
search
for
means
of
survival
or
well-being
that
they
cannot
find
in
their
home
countries.
The
system
of
protection
for
refugees,
which
is
theoretically
universally
applied,
allows
the
recognition
of
civil
and
political
rights
violations
by
allowing
people
fleeing
their
countries
when
there
is
a
genuine
threat
to
their
life
and
security
to
take
refuge
in
another
country.
Yet,
nothing
similar
exists
to
recognize
violations
of
economic,
social
and
cultural
rights,
which
can
also
force
individuals
to
flee
their
countries
of
origin.
Does
the
indivisibility
of
human
rights
not
necessitate
the
development
of
a
specific
regime
for
economic
refugees?
How
can
NGOs
contribute
to
a
revision
of
immigration
policies,
whether
this
be
in
industrialized
or
developing
nations?
Furthermore,
illegal
trafficking
of
persons
has
arisen
around
the
world
for
the
ends
of
sexual
exploitation,
forced
labour,
contemporary
slavery
or
domestic
work.
This
trade
takes
advantage
of
economically
vulnerable
populations
and
in
particular
women
and
children.
Trafficking
is
organized
by
international
crime
networks,
notably
those
linked
to
drugs
and
money
laundering.
How
can
we
raise
awareness
about
the
fight
against
trafficking
and
the
protection
of
victims
among
public
authorities?
- II
EXCLUSIONS,
RACISM
AND
CULTURAL
PLURALISM
1
Racism
and
Identity
Folding
Globalization
is
not
only
a
matter
of
integration
but
also
fragmentation,
operating
within
communities,
countries
and
regions,
creating
a
division
between
those
who
are
integrated
and
those
who
are
excluded.
The
current
forms
of
globalization
have
aggravated
the
social
exclusion
of
those
groups
most
in
danger
and
most
marginalized,
that
is
those
who
are
susceptible
to
the
tensions
and
manifestations
of
racism,
social
discrimination,
xenophobia
and
intolerance,
or
more
specifically
antisemitism
and
islamophobia,
and
all
forms
of
religious
intolerance.
This
form
of
violations
is
particularly
evident
in
Western
democracies.
Moreover,
the
development
of
a
unique
model
tends
to
exacerbate
nationalist
and
identity
folds.
How
can
we
optimize
the
efficiency
of
existing
protective
measures?
Must
we
consider
new
measures
at
the
international,
regional
or
national
level?
2
Attack
on
Cultural
Pluralism
and
Marginalization
of
Vulnerable
Groups
There
are
numerous
examples
demonstrating
that
for
certain
sectors
of
the
population
the
enjoyment
of
rights
such
as
the
right
to
education,
work,
adequate
standard
of
living,
is
only
possible
at
the
price
of
the
abandonment
of
their
cultural
identity,
and
particularly
their
language
and
specific
lifestyle.
Globalization,
which
should
be
a
vehicle
of
enrichment
by
means
of
an
exchange
of
cultures,
knowledge
and
ideas,
instead
tends
to
level
cultures
according
to
a
uniform
and
global
model.
What
are
the
mechanisms
we
might
envisage
to
defend
cultural
rights,
which
include
the
right
to
conserve
one's
own
culture?
How
can
we
reconcile
the
potential
tension
between
the
realization
of
economic
and
social
rights
and
the
preservation
of
cultural
rights?
Another
interesting
question
concerns
the
right
of
intellectual
property.
New
laws
on
patents
pay
little
attention
to
the
knowledge
of
indigenous
populations,
leaving
them
vulnerable
to
demands
on
the
part
of
large
international
groups.
As
a
result,
multisecular
knowledge
is
quietly
stolen
from
developing
nations.
The
TRIPS
agreement
of
the
WTO
is
particularly
dangerous
in
this
regard.
-
III
EXCLUSION
AND
WOMEN'S
RIGHTS
Women
are
the
great
"losers"
of
the
globalization
process.
Often
excluded
from
political,
public,
economic,
or
cultural
life,
women
are
in
fact
victims
of
many
forms
of
violence
stemming
from
situations
of
exclusion.
The
inequalities
between
men
and
women
are
enshrined
in
the
law
of
numerous
countries,
and
the
mentalities
and
traditions
as
well
as
the
lack
of
political
will
to
recognize
men
and
women
equal
status
before
the
law
are
many
obstacles
to
the
inclusion
of
women
in
the
benefits
of
globalization.
Women
are
victims
of
different
sorts
of
violence
:
they
stem
from
sometimes
the
State,
society
or
from
the
family.
1
Exclusion
Generated
by
Violence
perpetrated
or
condoned
by
the
State
through
its
legislation:
the
Question
of
Personal
Statute
Numerous
cultural
behaviors
and
practices,
which
perpetuate
the
inferior
status
of
women
in
the
family,
at
the
workplace,
within
the
community
and
society
are
often
reflected
in
the
laws
which
institutionalize
discrimination
against
women.
The
question
of
personal
statut
throughout
many
countries
along
the
perimeter
of
the
Mediterranean
serves
as
proof.
2
Exclusion
Generated
by
Violence
within
Society
or
the
general
community:
The
Specific
Case
of
Trafficking
The
globalization
phenomenon
with
its
lot
of
"forgottens"
and
"excluded"
has
accelerated
beyond
precedent
the
migration
of
women.
The
feminization
of
poverty
has
indeeed
driven
women
from
throughout
the
world,
deprived
of
viable
economic
alternatives,
to
"non-choices,"
preferring
to
engage
in
prostitution
or
putting
their
lives
in
the
hands
of
a
trafficker
in
order
to
finance
their
needs
and
those
of
their
families.
Lost,
deprived,
poor,
these
women
make
the
perfect
prey
for
traffickers.
The
feminization
of
poverty
thus
explains
that
the
overwhelming
majority
of
victims
of
illegal
trafficking
is
women.
3
Exclusion
Generated
by
Violence
Within
the
Family:
the
Case
of
Domestic
Violence
Violence
against
women
in
the
family
comes
from
the
subordinate
statute
of
women
and
the
subordination
of
women.
Because
of
legal
and
social
structures
in
many
countries,
and
because
of
the
gaps
which
still
exist
in
national
legislation,
violence
perpetrated
in
the
private
sphere
is
not
often
considered
by
the
authorities
as
a
serious
crime
but
as
a
private
affair.
1
Enforcement
(justiciability)
of
Economic,
Social
and
Cultural
Rights
The
idea
that
States
are
legally
responsible
for
the
implementation
and
protection
of
economic,
social
and
cultural
rights
is
getting
more
and
more
widespread.
Every
individual,
and
not
just
the
collectivity
as
a
whole,
can
legitimately
expect
the
State
to
work
towards
the
full
realization
of
these
rights
and
therefore,
one
should
be
able
to
lodge
a
complaint
against
a
State,
not
only
before
national
jurisdictions
but
also
in
front
of
international
courts
or
commissions,
for
violation
of
the
right
to
health,
food
or
education
for
example.
The
past
few
years
have
thus
been
witness
to
the
emergence
of
proposals
for
the
creation
of
international
procedures
to
this
effect.
Some
of
these
proposals
have
been
able
to
take
shape,
following
the
example
of
the
Optional
Additional
Protocol
to
the
European
Social
Charter,
which
sets
up
such
a
system.
What
assessment
can
we
take
from
the
push
for
the
adoption
of
an
additional
protocol
to
the
International
Covenant
on
Economic,
Social
and
Cultural
Rights
?
How
must
economic
and
social
rights
be
clarified
so
that
they
can
be
really
enforceable?
What
practical
responses
law
can
give
when
the
implementation
and
protection
of
economic
and
social
rights
have
strong
financial
implications
for
States
:
how
could
we
force
states
to
take
some
kind
of
action
in
this
respect
?
2
Accountability
of
New
Actors
While
globalization
has
helped
new
actors
in
economic
and
social
fields
(such
as
International
Financial
Institutions,
the
World
Trade
Organization,
transnational
corporations
…)
become
even
more
powerful,
it
has
reduced
the
scope
of
action
of
states
on
which
bears
the
legal
obligation
to
protect,
promote
and
fulfill
social,
economic
and
cultural
rights.
In
the
process
characterized
by
the
diminution
of
decision-making
centers
and
regulating
authorities,
the
question
of
the
accountability
of
these
new
actors
has
become
essential.
This
question
concerns
firstly
transnational
corporations,
which
have
been
granted
an
unprecedented
amount
of
power
because
of
globalization,
and
who,
in
conjunction
with
international
commercial
and
financial
institutions,
currently
act
in
virtual
impunity.
What
assessment
can
we
make
of
the
existing
mechanisms
in
International
Commercial
and
Financial
Institutions
(Dispute
Settlement
Body
of
the
WTO,
Inspection
Panel
of
the
World
Bank)?
As
for
the
impunity
of
transnational
corporations,
the
modern
evolution
of
international
law
sees
as
its
paramount
principle
the
accountability
of
private
entities,
including
corporate
entities.
New
possibilities
in
terms
of
legal
actions
against
transnational
corporations
are
therefore
possible.What
legal
actions
can
human
rights
NGOs
take
based
on
this
principle?
Will
the
creation
of
an
International
Economic
Court
under
the
United
Nations
"umbrella",
independent
of
the
WTO
and
its
Dispute
Settlement
Body
constitute
a
necessary
step
to
ensure
effective
enforcement
for
economic,
social,
and
cultural
rights,
by
opening
access
to
the
procedure
to
private
individuals
(workers,
independent
NGOs
and
representatives,
for
example…)
?
3
Poverty
and
Access
to
Justice
While
a
country's
judicial
system
should
guarantee
the
equality
among
citizens,
the
truth
is
that
the
most
impoverished
do
not
have
access
to
the
resources
nor
the
necessary
information
to
bring
a
complaint
to
the
system.
One
sees
an
identical
phenomenon
taking
place
at
the
international
level
as
poor
countries
are
often
placed
in
the
impossible
situation
of
asserting
their
rights
in
front
of
international
judicial
or
quasi-judicial
authorities,
lacking
the
financial
or
human
means.
On
the
national
level,
what
are
the
means
we
can
implement
to
guarantee
better
access
to
judicial
mechanisms
for
the
most
impoverished?
How
can
we
adapt
this
stance
to
the
international
level?
What
are
the
possibilities
of
extrajudicial
dispute
settlement
procedures
?
Submitted
by
:
Antoine
Bernard,
Driss
El
Yazami,
Anne
Christine
Habbard,
Marie
Guiraud,
Odilel
Sidem
Poulain
|
OVERVIEW OF THE INTERNATIONAL CALENDAR FOR 2001
Rapport