Posts Tagged ‘UDHR’

RIGHTS: Politics Still Reign Over Principles at U.N.

December 11, 2008

By Thalif Deen | Inter Press Service

UNITED NATIONS, Dec 10 (IPS) – The United Nations Wednesday commemorated the 60th anniversary of the landmark Universal Declaration of Human Rights (UDHR) against the backdrop of widespread political repression — most notably in Zimbabwe, Sudan, Burma (Myanmar), Iraq, Afghanistan and in the Israeli-occupied territories of West Bank and Gaza.

But a sharply divided Security Council has remained politically impotent against continued atrocities worldwide, in violation of humanitarian law and international conventions, including the UDHR.

Andrew Hudson, a senior associate with the Human Rights Defenders Programme at Human Rights First, singled out U.N. member states, primarily Security Council members, “who have frequently failed to prevent or address gross violations of the UDHR.”

The United Nations, he said, should redouble its efforts to demonstrate that the human rights contained in the UDHR are universal and allow for translation into specific local contexts.

“The new Universal Periodic Review mechanism at the Human Rights Council demonstrates that the UDHR applies universally to all states,” he stressed.

The U.N. human rights system should engage in objective, impartial and universal evaluation of the human rights records of all states, Hudson told IPS.

More recently, at a political level, the Security Council has remained deadlocked because of the partisan role of the five veto-wielding permanent members.

The United States, France and Britain have continued to protect Israel, Iraq and Afghanistan while Russia and China continue to shield Zimbabwe, Sudan and Burma (Myanmar) against any strictures or sanctions for human rights violations.

Article 1 of the UDHR, which was adopted by the General Assembly on Dec. 10, 1948, states that “all human beings are born free and equal in dignity and rights.”

But in reality human rights abuses are increasingly becoming the norm in most developing nations. And in developed countries, including the United States and Britain, violations are being justified in the name of fighting terrorism.

Speaking at a ceremony to mark the 60th anniversary of the UDHR on Wednesday, Secretary-General Ban Ki-moon said: “We see human trafficking, the exploitation of children, and a host of other ills plaguing millions of people,” he added.

The “host of other ills”, according to human rights organisations, includes torture, disappearances, extra-judicial killings, arbitrary detention, surveillance, defamation and administrative and judicial harassment. The victims also include journalists and human rights defenders.

Navi Pillay, the U.N. High Commissioner for Human Rights, told reporters that tens of millions of people around the world are still unaware that they have rights that they can demand, and that their governments are accountable to them, to a wide-ranging body of rights-based national and international law.

“Despite all our efforts over the past 60 years, this anniversary will pass many people by, and it is essential that we keep up the momentum, thereby enabling more and more people to stand up and claim their rights,” she added.

Anuradha Mittal, executive director of the San Francisco-based Oakland Institute, pointed out the failure of nation states and governments in fulfilling their obligation to ensure human rights for all.

For instance, she said, in the United States, where homelessness, hunger and poverty — particularly among children and seniors — abound, it is the failure of the government to fulfill its obligation to its people.

“The United Nations could have done more in terms of emphasising the relevance of human rights treaties, insisting on these treaties taking precedence over, say, trade agreements or other social economic policies that might conflict with human rights of people,” Mittal told IPS.

Asked where the United Nations has succeeded or failed in helping implement the UDHR, Julie Gromellon of the International Federation for Human Rights (FIDH) told IPS the objective of the founders of the U.N. to add a human dimension to international law through the UDHR has become a reality.

She said international law, and especially the UDHR, has become an important tool to promote respect for and observance of human rights.

The Universal Declaration has also served as a starting point for further standard-setting activities through eight core human rights conventions, whose implementation is monitored by so-called treaty bodies, a more advanced system of supervision.

In this framework, the United Nations has contributed to the recognition of the accountability of all states for compliance with their human rights obligations as laid down in the UDHR, she added.

But important lacunae need to be filled to implement the UDHR. States should be continuously urged by the U.N. to ratify all relevant international human rights treaties and to accept and implement the supervisory procedures.

In particular, they should be urged to ratify the relevant individual complaint procedures, Gromellon added.

She also said the crucial role of non-governmental organisations (NGOs) should be recognised by the U.N. “They have contributed in a most significant way to the development and enforcement of the international human rights system,” she noted.

And such organisations should also be given a consultative status with other organisations, including the international financial institutions and the World Trade Organisation.

Rob Wheeler of the World Alliance for Transforming the U.N. said the United Nations, in failing to ensure that all people’s rights are met, is actually violating several articles of its own founding Charter.

“We thus urge the United Nations to organise and hold a U.N. Charter Review Conference, under Article 109 of the Charter, in order to determine what can and must be done to ensure that the charter is upheld and that all people’s most basic human rights are indeed provided and met,” he said.

Unfortunately, he said, most of the provisions included in the Universal Declaration have still not been met even after 60 years — 830 million people still do not have enough food to eat, 1.1 billion lack access to clean water, 2.6 billion to basic sanitation, and 2.0 billion to essential drugs.

Hudson of Human Rights First said that the United Nations, especially the High Commissioner for Human Rights, has played a critical role in education, outreach and awareness-raising about the universality of the UDHR.

“However, U.N. member states fail to implement aspects of the UDHR by suggesting that human rights do not acknowledge cultural difference — a specious argument used to avoid human rights scrutiny,” Hudson told IPS.

Human Rights Day Celebration in Gaza

December 10, 2008

Abukar Arman | Global Research, December 10, 2008

It was Dec 10, 1948 when the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Today this document is the most widely translated and perhaps the most referenced.

And as the international community and media around the world eagerly await the celebration of the 60th anniversary of the Universal Declaration of Human Rights (UDHR,) some communities still remain under the boots of domination and oppression. And no modern community has suffered more than the people of Palestine . This suffering has gotten worse since the Palestinian people exercised their democratic right and overwhelmingly elected Hamas– an entity that both Israel and the U.S. consider a terrorist organization– as its legitimate representative in January 2006.

UDHR is a powerful fusion of religious and secular principles whose aim is to uphold the existential values that sustain humanity. Its profound importance is based on its recognition of the fundamental rights of all human beings to breathe life in peace and through liberty, to have equal access to justice, and be able to live in dignity. However, UDHR is not without shortcoming. The document is simply a declaration not an international treaty that is binding. And this perhaps explains the inconsistency in its application and why the state of Israel could continue its inhumane treatment of the Palestinian people with impunity.

Ironically, several months ago, the state of Israel also celebrated its sixtieth anniversary. Some welcomed this historic occasion as a celebration of a triumph for justice while others bemoaned it as a glorified failure of the state of Israel to confront its bloody past and oppressive present!

In his book The Ethnic Cleansing of Palestine, Israeli historian Ilan Pappe, documents horrific accounts that began with systematic extermination of villagers that continue today mainly by way of inhumane treatment, uprooting of communities for land grab, and economic strangulation. And as a result of a sustained media blackout, most of the world remains misinformed or woefully ignorant about the miserable condition in which the Palestinian people, especially in Gaza , live.

Some global leaders and Nobel Peace Prize laureates such as former U.S. President Jimmy Carter, former President of South Africa, Nelson Mandela, and Archbishop Desmond Tutu have, in one way or another, condemned Israel ’s treatment of the Palestinian people.

“The world is witnessing a terrible human rights crime in Gaza , where a million and a half human beings are being imprisoned with almost no access to the outside world. An entire population is being brutally punished,” wrote Carter in an article published by the Guardian newspaper. The world “must not stand idle while innocent people are treated cruelly,” said Carter. “It is time for strong voices in Europe, the US , Israel and elsewhere to speak out and condemn the human rights tragedy that has befallen the Palestinian people,” he added.

Carter was accused of anti-Semitism for comparing the Israeli treatment of the Palestinian people to that of the old Apartheid system of South Africa in his book Palestine : Peace not Apartheid. However, he was neither the first nor the last high profile leader to make that comparison.

Buried through the pages of history are the words of Mandela when he, On Dec 4, 1997, in a speech delivered during the commemoration of the International Day of Solidarity with the Palestinian People said “… the UN took a strong stand against apartheid; and over the years, an international consensus was built, which helped to bring an end to this iniquitous system. But we know too well that our freedom is incomplete without the freedom of the Palestinians”.

Moreover, Tutu, as a special UN envoy that led a fact-finding mission to Gaza last May, described what he witnessed as a “gross violation of human rights” that is contrary to the teachings of Holy Scripture. Depicting the daunting impact of the economic blockade, he said the Gaza strip was “forlorn, deserted, desolate and eerie place.” Furthermore, he talked about the children whose conditions are seldom covered in the evening news: “We were struck particularly by the absence of the sounds of children shrieking and playing.”

While they are far from making an immediate impact that would free the Palestinian people from its current misery, these vocal leaders have triggered a global, conscience-based movement that would continue the arduous struggle till Israel profoundly changes its treatment of the Palestinian people.

The latest to join these champions of conscience is Miguel d’Escoto Brockmann- the current president of the United Nations General Assembly.

Like those before him, he too compared Israel ‘s treatment of the Palestinian people to “the apartheid of an earlier era.” And like those before him, he too was accused of being “Israel-hater” and being driven by anti-Semitic motives.

Going public with what no UN high official has ever vocalized, and others would only whisper, d’Escoto addressed the de facto double standard that exists and how the world accepted an endless peace process that leads to no where. The failure to establish a Palestinian state made “a mockery of the United Nations and greatly hurts its image and prestige,” he said.

Recognizing the Israeli Palestinian issue as a case of yesterday’s oppressed people doing the same to others, d’Escoto said the cruelty of the Holocaust affords Israel neither a justification nor “the right to abuse others, especially those who historically have such deep and exemplary relations with the Jewish people.”

D’Escoto urged a paradigm shifting action that would end the human suffering and not just offer symbolic rhetoric. He called on the international community to consider stricter measures against Israel ….measures similar to those taken against South Africa in the 1980s that include “boycott, divestment and sanctions.”

Whether in Israel , Sudan , Ethiopia , Somalia or any where else, the vicious cycle of oppression and human misery can only be broken when all people of conscience rise to resist it, and pressure the powers that be to heed the moral will of the people.

Abukar Arman is a freelance writer whose articles and analysis have appeared in the pages of various media groups and think tanks.