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Translation Spanish: Time to get it right: economic and social rights in transitions to democracy

Achieving 'freedom from fear' does not automatically translate into gains in achieving 'freedom from want'. Countries emerging from dictatorships or internal wars in Latin America, the world???s most unequal region, have systematically missed the opportunity to embark on the meaningful institutional and policy reforms acutely needed to correct the social injustice and historic inequalities at the root of the political violence. In those cases in which some social and economic issues were included in peace accords, these commitments were neglected in practice or precariously implemented. The peace accords of Guatemala (1996) and El Salvador (1992) for instance, contained tangible - albeit limited - economic and social rights-related provisions. In both cases the implementation was precarious and slow. The levels of inequality, exclusion and human insecurity especially of the most vulnerable in these countries remain among the highest in the region. Macroeconomic policies promoted by international financial institutions aimed at creating liberalization and economic growth in transitions have been in large part responsible for widening inequalities in transitional countries in Africa. Mozambique, Rwanda, Nigeria, and Ghana are examples of this situation.

Yet, the transitions now unfolding in the Arab region offer another opportunity for international actors and domestic political and economic elites to get it right. The 'Arab Spring' is deeply rooted in the economic and social hardship caused by corrupt governments and the absence of democratic institutions. The Arab people are demanding 'wide-ranging transitions towards democratic institutions and practices, as well as deep-cutting reforms of social, economic and political policies, based on inclusive national dialogue, participatory governance processes and empowered civil society'. Civil society organizations from the MENA region have made clear the economic and social justice goals of their uprisings. Kinda Mohamadieh, program director of the Arab NGO Network for Development stated: 'The Arab Spring is not only a social expression of rebellion against political oppression, but also against the prevailing economic and social model.' A strong civil society call by a large number of civil society organizations form 12 Arab countries warned against 'diverting the Revolution's economic and social justice goals through conditionalities' imposed by international and regional financial institutions. They call for a 'democratic people-led process of development' and warn against increasing these countries debts and restricting the domestic policy making space on economic and social justice issues.

The Arab Human Development Report 2009 highlights economic and social issues, affirming that the deep inequalities and pervasive subordination and violence against women in the region represent threats to human security. Enormous gaps exist between rich and poor countries in this region of 300 million people, 23 per cent of which live on less than $2 a day. The Arab region exhibits the highest unemployment rates in the world (14.4 per cent of the workforce compared to a world average of 6.3 per cent) affecting youth and women disproportionately. The ILO has made evident the need to build social protection systems that guarantee minimum levels of social protection for people, build national social security systems to progressively realize the universal right to social security and improve maternity insurance schemes. There is also an enormous disparity among richest and poorest countries in the region. The poverty rates among the former is 36.2 per cent, while in the latter it is 15.9 per cent.

Transitions bring the opportunity to rewrite the social contract between state and society, to restructure institutional architecture and tackle deficits in the political, social and economic systems that contribute to the exclusion and deprivation of large segments of the society. In transitions, economic and social rights have the potential to translate people's social justice claims into normative and enforceable entitlements through constitutional processes and national legislation. Human rights principles and standards should inform the design and implementation of international aid and development policies, assist domestic policymakers in setting priorities, encourage participatory processes in policy design and monitoring and advance the adoption of effective access to justice and redress mechanisms for violations of these rights. Institutional reforms must address the deficits in the policymaking cycle, generate human rights-centered policy processes, along with transparent and non-discriminatory fiscal policy and taxation systems. They should also ensure the collection of human development and human rights statistics, the building of independent and efficient NHRIs, high level mechanisms to promote and protect women's rights, and efficient judicial and non-judicial mechanisms to address violations of human rights including economic and social rights.

Transitions in the MENA region are occurring at a time in which there is a growing body of evidence and analysis on equality and social justice deficits in transitions. UN Charter bodies are giving increased attetion to the interdependence between development and security, and more importantly, a clear demand and critical perspectives are emanating from development, human rights and women's organizations. The proposals put forward by regional and national organizations include demands on aid development to fulfillment of economic and social rights and gender equality. Egyptian women have demanded that the revolution slogan 'freedom, dignity and social justice' be translated into reality. Women have claimed representation in the drafting of the new Constitution, in parliament, and in leadership posts while simultaneously demanding the protection and fulfillment of key economic and social rights. Civil society demands constitute a road map for international organizations and transitional governments to set priorities in macroeconomic as well as domestic policymaking and financing.