Leland Murtiff

Edward Cafferty
Human Rights
10/1/2020

Challenge Paper One.

With cultural attitudes changing as time progresses, it is fair to consider that alongside

cultural attitudes, ethical considerations would also alter. What could be considered normal, or

justified is no longer accepted by a majority of individuals and many would agree this would be

for the better. However, in  history with the applied new attitudes of today, we are able to see

many instances of denial of human rights propagated by various organizations stemming from as

large of an organization as Empires to as small of an instance as individuals. Interestingly

enough, companies of the past and some would argue companies today were also infringing on

the rights of the individual. We can see this in a multitude of companies today and in the past.

Policies undertaken by governments within a country over a period of time can make for the

view as the country itself having a period of human rights violations. As for the individual, often

it is due to the actions of the specific individual often those in power of a government that human

rights violations are seen to occur. In reference to particular organizations from country to the

individual, what will be described is The British East India Company, and François Duvalier of

Haiti.

The British East India Company was established in 1600 where they then established

Trade monopolies on Indian goods relating to the spice trade “The company settled down to a

trade in cotton and silk piece goods, indigo, and saltpetre, with spices from South India.” (The

Editors of Encyclopaedia Britannica- East India) They soon expanded into SouthEast Asia and

East Asia. The first denial of human rights seen, and while commonplace at the time but clearly

is no longer acceptable is the usage of African slaves. They were brought from primarily East
Africa to their holdings in Asia. “Beginning in the early 1620s, the East India Company began

using slave labour and transporting enslaved people to its facilities in Southeast Asia and India.

(The Editors of Encyclopaedia Britannica- East India) The zenith of slave transportation occured

in the early to mid 18th century. During company rule of India, the primary directive was like

most companies was profit driven. Governing policies were created around the interests of the

stockholders of the company and often would leave the native inhabitants destitute without a

chance of social mobility. No say in their government’s policy and would lead to exploitation by

the upper british middle class and colonial officials. “People of India who were everywhere in

society crushed by poverty and exploitation, denied the minimum amount of social justice,

deprived of rights as human beings and humiliated as inferior creatures not better than animals

that we keep, tame and domesticate.” (CHAPTER –IV) The company’s independence in its

governance of India had ended after Parliament passed an act forcing a handover of  government

operations to the government of the British Empire. 

François Duvalier was the president of Haiti from 1957 to 1971.  The president of Haiti

with assistance of the Tontons Macoutes oversaw the assassination, murder, and torture of

suspected political opponents under his duration without concrete evidence.  By way of

suspending the constitution and allocating executive power François Duvalier was able to not

only gain full control regarding the affairs of Haiti, he was also able to extend his term over the

limit specified in the constitution. “The President has either declared a “State of Siege” or in

recent years ordered the suspension of specific articles of the constitution, Instituted in the early

years of the Duvalier period, this vesting of “Pein pouvoir” or full powers for the president for

life continues each year” (Hooker) With the suspension of the constitution, and the lack of

resistance from the legislative body , the suspension of  individual human rights followed suit
under the guise of combating communist agendas within the country. “ The specific decrees may

vary slightly from year to year, but suspension of the most important guarantees of individual

rights continues to occur on a regular basis. “(Hooker 5) Under François Duvalier, estimated

between 30,000 to 60,000 Haitians had died( Metz) , since then François Duvalier had died

before a verdict could be reached regarding his human rights allegations. 

While there are plenty of examples of Human right violations in history, there are also

legislation both international and domestic that have been created that focus in preserving

individual human rights or preventing actions that would inhibit breaches in human rights. Two

such laws related to the prevention or preservation of Human Rights is the Geneva Convention,

and The Universal Declaration of Human Rights.

The Geneva Conventions was first established in 1864 where they would be ongoing

until as recent as 1977. In 1864 the clauses were decided by major European Powers and

accepted by several other Western States. Since the first convention, more  clauses and

participants began to increase. The initial clauses agreed upon in 1864 were regarding the

treatment of prisoners of war in future conflicts. Its clauses during this period of time regardes

four clauses which in summary is with the first section the prohibition of capture or destruction

regarding areas used for wounded both enemy and friendly. “The immunity from capture and

destruction of all establishments for the treatment of wounded and sick soldiers and their

personnel.” (Shaw) The second section relates to the treatment of soldiers. “the impartial

reception and treatment of all combatants” (Shaw) Then the prohibition of harm of civilians

assisting the wounded. “ the protection of civilians providing aid to the wounded.” (Shaw)

Lastly, the Red Cross being an identifier in regards to people and equipment.” (Shaw) This has

been extended to cover maritime prisoners of war in 1906 “its provisions were applied to
maritime warfare through the Hague conventions of 1899 and 1907” (Shaw) A further extension

was had further identifying the conduct that should be had regarding prisoners in 1929 “ required

that belligerents treat prisoners of war humanely, furnish information about them, and permit

official visits to prison camps by representatives of neutral states.” (Shaw) Amendments were

continued after violations occurred after the second world war and by 1977, several clauses

extended to civil wars and the treatment of both civilians and wounded combatants.  “The second

protocol, Protocol II, extended human rights protections to persons involved in severe civil

conflicts, which had not been covered by the 1949 accords.” (Shaw)  Now while this is a widely

agreed upon law among nations, violations during war and especially civil conflict does occur

even to this day. Infractions can be seen during the Ugandan Civil war, Syrian Civil War, and

Liberian Civil wars to name a few. While stabilized nations are more adherent to these rules,

when push comes to shove when losing, the enemy belligerent would do whatever it takes to

claim victory. 

The Universal Declaration of Human Rights, declared in 1948 in Paris was created by

countries of various backgrounds not all stemming from western powers. The document leads the

foundation of The International Human Rights Law, whereas 30 articles dictate what all

countries should strive to achieve regarding Human Rights.  Article one states all people are free

and have equal rights in summary. “All human beings are born free and equal in dignity and

rights. They are endowed with reason and conscience and should act towards one another in a

spirit of brotherhood.” (Universal Declaration of Human Rights) Article two relays that every

human is subject to the rights and freedoms listed there after. Article three states everyone has a

right to life, freedom, and security. Article four states that slavery is no longer an accepted

institution. Article five bans the usage of tourture, as article six details everyone’s position being
that of a person before the law and not anything else such as property. Article seven states

everyone is protected under the law, or at least should be protected.  Articles eight declares that

anyone can demand responsibility for the actions of their officials as article nine states that no

individual should be subject to arbitrary arrests. Article ten states that everyone is eligible to a

fair trial. “Everyone is entitled in full equality to a fair and public hearing by an independent and

impartial tribunal, in the determination of his rights and obligations and of any criminal charge

against him.” (Universal Declaration of Human Rights) The articles thereafter continue in this

direction outlining the rights of the individual set to be placed in every type of government

including state of living, employment, criminal treatment, and the cultivation of uniform

treatment no matter the differences between people. 

Regarding the question of what BLM means to me, I would reply with mixed feelings.

On the one hand, the advancement of equality among minorities is something that I would agree

wholeheartedly no matter the minority, however, what is being proposed, and what actions have

been taken in name of BLM are at times disagreeable. To me there seems no unified organization

that would push the agenda of BLM. To me there are no steps in order to achieve their overall

agendas.  Burning of monuments, burning places of business, or assaulting police is something I

do not consider positives in regards to the movement. For instance the 54th Massachusetts

Infantry, a primarily Black Infantry regiment was defaced in the name of BLM. “What many

consider to be America’s greatest public monument, the Robert Gould Shaw and Massachusetts

54th Regiment Memorial, was thoughtlessly defaced in Downtown Boston on May 31 during the

protests against George Floyd’s murder by a Minneapolis police officer.” (Favermann) In

closing, I reiterate that the push to equalize any minority to be on equal footing as the ruling

class is something that I would support, however, the actions undertaken and the idealism behind
BLM seem to differ. To this point, more investment in organizations such as the NAACP or

Common Ground Foundation. The first appearance of BLM stemmed in 2013 from the acquittal

of George Zimmerman for the death of Trayvon Martin. “Founded in 2013 in response to the

acquittal of Trayvon Martin’s murderer. Black Lives Matter Foundation, Inc is a global

organization in the US, UK, and Canada” (Black Lives Matter)The organization renewed its

traction in sight of the death of George Floyed at the hands of Minneapolis police officers in

2020 where by now has received not only domestic support among statesmen, but international

support from individuals in varying countries such as England, France, and S. Korea to name a

few. 

Works Cited

“Black Lives Matter.” Black Lives Matter, Black Lives Matter,

blacklivesmatter.com/about/.

CHAPTER –IV, Information and Library Network (INFLIBNET) Centre, Gandhinagar ,

sg.inflibnet.ac.in/bitstream/10603/172020/11/11_chapter_04.pdf.

 
Favermann, By: Mark, et al. “Visual Arts Commentary: Boston's Historical Memorial to Black

Lives Vandalized.” The Arts Fuse, 18 June 2020, artsfuse.org/205108/visual-arts-

commentary-bostons-historical-memorial-to-black-lives-vandalized/.

Hooker, Michael J. “Violations of Human Rights in Haiti : a Report of the Lawyers Committee

for International Human Rights to the Organizati..” Violations of Human Rights in Haiti : a

Report of the Lawyers Committee for International Human Rights to the Organization of

American States, University of Florida George A. Smathers Libraries. All Rights Reserved.,

ufdc.ufl.edu/AA00001006/00001/12x.

Metz, Helen Dominican Republic and Haiti : Country Studies, The Library of Congress,

archive.org/stream/dominicanrepubli00metz#page/288/mode/2up.

 
Shaw, Malcolm. “Geneva Conventions.” Encyclopædia Britannica, Encyclopædia Britannica,

Inc., 4 Mar. 2020, www.britannica.com/event/Geneva-Conventions.

 
The Editors of Encyclopaedia Britannica. “East India Company.” Encyclopædia Britannica,

Encyclopædia Britannica, Inc., 23 Jan. 2020, www.britannica.com/topic/East-India-Company.

 
“The Universal Declaration of Human Rights.” OHCHR,

www.ohchr.org/EN/UDHR/Pages/UDHRIndex.aspx.

 
 
“Universal Declaration of Human Rights.” United Nations, United Nations,

www.un.org/en/universal-declaration-human-rights/.