Insincere Commitments This page intentionally left blank Insincere Commitments , , human rights treaties abusive states and citizen activism Heather Smith-Cannoy Georgetown University Press/Washington, DC Georgetown University Press, Washington, DC www.press.georgetown.edu © 2012 by Georgetown University Press. All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Smith-Cannoy, Heather M., Ph. D. Insincere commitments : human rights treaties, abusive states, and citizen activism / Heather M. Smith. p. cm. Includes bibliographical references and index. ISBN 978-1-58901-887-7 (pbk. : alk. paper) 1. Human rights—International cooperation. 2. Human rights—Government policy. 3. Human rights monitoring. 4. United Nations, Human Rights Committee. I. Title JZ4974.S65 2012 ′ 341.48—dc23 2011035687 This book is printed on acid-free paper meeting the requirements of the American National Standard for Permanence in Paper for Printed Library Materials. 15 14 13 12 9 8 7 6 5 4 3 2 First printing Printed in the United States of America To my Grandfather Kurt Alexander Julius Gattman (1913–2005), who introduced me to the joys of learning and inspired me to question the world This page intentionally left blank Contents List of Illustrations ix Acknowledgments xi List of Abbreviations xiii Introduction 1 1 A New Approach to Commitment and Compliance 17 2 Patterns of Commitment 41 3 Causes of Commitment 64 4 Individual Petitions in Eastern Europe: Racial Discrimination in Slovakia 92 5 Hungary and the Committee on the Elimination of All Forms of Discrimination Against Women 116 6 The UN Human Rights Committee in Central Asia: Kyrgyzstan and Tajikistan 139 7 The Causes and Consequences of Commitment Reconsidered 166 Appendix 179 References 183 Index 199 vii This page intentionally left blank Illustrations Figures 1.1 Pressures on Newly Independent States 23 1.2 How NGOs Enhance Compliance 37 2.1 Cumulative Percentage of Treaty Ratifications per Year 44 2.2 Cumulative Percentage of IPM Ratifications per Year 46 2.3 Ratification of the Optional Protocol to the ICCPR: Established and Transitional Regimes 48 2.4 Accepting the Oversight of the Committee Against Torture: Established and Transitional Regimes 49 2.5 Accepting the Oversight of the Committee Against Torture: Regime Type 50 2.6 Ratification of the Optional Protocol to the ICCPR: Regime Type 51 2.7 Percentage of States Ratifying Human Rights Treaties in Western Europe 52 2.8 Regional Support for Human Rights Instruments 54 2.9 Ratification of the Optional Protocol to the ICCPR: Regional Comparisons 55 2.10 Accepting the Oversight of the Committee Against Racial Discrimination: Regional Comparisons 56 ix