—eeeeeeeeeSeseesees CHAPTER 37 : HUMAN RIGHTS LS 37.1 BASIC CONCEPT OF HUMAN RIGHTS Introduction Human rights imply the rights relating to life, liberty, equality and dignity of the individual. ~ The UN Charter in its preamble reaffirmed the determination of the United Nations *to save the succeeding generations from the scourge of wat, reaffirmed faith in fandamental human rights and pledged to promote social progress and better standards of life in larger freedom Article 1 of the UN Charter also proclaims that one of the Purpose of the United Nations is to achieve international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction of race, sex, language or religion Universal Declaration of Human Rights j For the achievement of the objective of human rights, the UN General Assembly Universal Declaration of Human Rights on 10 December the Declaration as": adopted the r 1948. The General Assembly described ‘a common standard of achievement for all the peoples and all nations”. It called upon the member states and all people to promote and secure the recognition and abservance of the rights and freedoms set forth in the Declaration. The UN Charter asserts that all human beings are born equal in dignity and rights and are ., entitled to all the rights and freedoms set forth in the Declaration without any distinction of race, * colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, The civil and political lights to which human beings are entitled have been outlined in Articles 3 to 21 af the Declaration of Human Rights and include the following. 1. Right to life, liberty and security. 2. Freedom from slavery and servitude. 3. Freedom from torture or cruel, inhuman or degrading treatment or punishment. 4, Right to recognition as a person before the law; the right to judicial remedy; freedom, trial and public hearing by an independent and impartial tribunal; the right to be presumed innocent until proved guilty. 5. Freedom from arbitrary interference with privacy, family; home or correspondence; freedom from attacks upon honour and reputation; the right to protection of the law against such attacks. Freedom of movement; the right of asylum; the right to a nationality. Right to marry and have a family. Right to own property. Freedom of thought, conscience and religion; freedom of opinion and expression. Right to peaceful assembly and association. —_ Right to take part in government and to equal access to public service. i PSyana Scanned with CamScanner470 | INTERNATIONAL RELATIONS FOR CIVIL SERVICES (MAIN) Inaddition to the above civil and political rights, the Declaration has outlined several economic, social and cultural rights in Articles 22 to 27. These include (i) right to social security; (ii) right to work; the right to equal pay for equal work; and the right to form and join trade unions; (iii) the right to rest and leisure; (iv) right to a standad of living adequate for health and well-being; (y) the right to education; (vi) the right to participate in the cultural life of the community. The Declaration recognises that everyone is entitled to a social and international order jn which the human rights set forth in the Declaration may be fully realized. 37.2 INTERNATIONAL COVENANTS ON HUMAN RIGHTS Introduction To give legal and binding force to the rights proclaimed in the Declaration of Human Rights, the General Assembly adopted two covenants on Human Rights on the 16 December, 1966, ‘These two covenants were International Covenant on Economic, Social and Cultural Rights; & the International Covenant on Civil and Political Rights. While the first covenant dealt with economic, social and cultural rights, the second dealt with civilandpolitical rights, These Covenants also incorporated the right of people to self-determination as well as right to dispose freely their natural wealth and resources. The International Covenant ‘on Economic, Social and Cultural Rights actually came into force on 3 January 1976. It sought to promote three types of rights viz., the right to work in just and favourable conditions; the right to social protection, to an adequate standard of living and to highest attainable standards of physical and mental well-being; and the right to education and the enjoyment of benefits of cultural freedom and scientific progress. An eighteen member committee was set up to assist in the implementation of the Covenant in the implementation of the Covenant. The International Covenant on Civil and Political Rights and the First Optional Protocol to that Covenant, both came into force on 23 March 1976. This Covenant dealt with rights like freedom of movement, equality before the law, the right to a fair trial and presumption of innocence, freedom of thought, conscience and 1eligion, freedom of opinion and expression, peaceful assembly, freedom of association , participation in public affairs and elections and protection of minority rights, Itprohibited arbitrary deprivation offlife; torture, cruel or degrading treatment or punishment; slavery and forced labour; arbitrary arrest or detention and arbitrary interference with privacy; war propaganda, and advocacy of racial or religious hatred, The Covenant established an 18-member Human Rights Committee for the implementation of the provisions of the Covenant. Specialized Human Rights Treaties In addition to the above two Covenants several specialised human rights treaties have been concluded by the states dealing with particular kinds of human rights violations suchas torture and racial discrimination, or dealing with vulnerable groups like children and migrant workers. The implementation of these treaties is entrusted to committees of experts. The states parties to such treaties have to submit regular reports to respective committees identifying the problems faced in the implementation of rights. In the light these reports the Committee makes recommendations to assist the state in fulfilling its legal obligations. Human Rights Bodies Several Human Rights Bodies have also been set up to protect and promote human rights. Scanned with CamScannerHUMAN RIGHTS | 471 In 1946 the Economic and Social Cou nell Commission on Rights which was responsible fr the submission of proposal (ECOSOC) set up Commissi i als, recommendations and investigative reports on human rights issues to the General Assembly through ECOSOC. Over a period of time this Commission has emerged as a premier organ of the United Nations which provides a forum for the states, inter- governmental and non-governmental organisations to voice their concerns about human rights issues, The Commission meets for six weeks each year at Geneva. 'n addition to the Commission on Human Rights the ECOSOC also set up a Sub-Commission on the Prevention of Discrimination and Protection of Minorities in 1946. The Sub-Commission conducts investigations on issues dealing with prevention of discrimination and protection of ethnic, religious, racial and linguistic minorities and makes necessary recommendations. High Commission for Human Rights In December 1993 the General Assembly created the office of UN High Commissioner for Human Rights which works under the directions and authority of the UN Secretary General. The High Commissioner is responsible for promoting and protecting the enjoyment by all of all civil, cultural, political and social rights; providing through the Centre for Human Rights and other institutions, advisory services and technical and financial assistance in the field of human rights; coordination UNs education and public information programme on human rights; helping in the removal of obstacles in the way of full realization of all human rights and preventing the continuation of human rights violations throughout the world; engaging in dialogue with governments to secure respect for human rights etc. United Nations Human Rights Council ‘The Council, a successor to the United Nations Commission on Human Rights (ICHR) was created through a resolution of the UN General Assembly adopted on 15 March, 2006. The Council is an international body within the UN system. It proposes to address human rights violations. The 47 seat Human Rights Council replaces the 53 member Commission on Human Rights. The Council differs from the Commission in so far as it is a subsidiary body of the Assembly, while the Commission was an independent body. The 47 members of the Council shall be picked up from the various regions as under. Africa 13; Asia 13; Eastern Europe 6; Latin America and Caribbean 8; an Western Europe and other groups 7. . The members of the Council are expected to uphold the highest standards in the promotion and protection of human rights and their conduct shall be subject to periodic review. The membership of each nation of the Council is to be approved by the General Assembly through secret ballot, by majority of the members viz. 96 of 191 members. The members are to be elected through secret ballot. They shall not be eligible for membership for more than two consecutive terms. The membership of a Council member can be suspended by two-thirds vote of the General Assembly. The elections for the membership of Council were held on 9 May 2006. Following members were elected from different regions. (A) African: Algeria, Cameroon, Djibouti, Gabon, Ghana, Mali, Mauritius, Morocco, Nigeria, Senegal, South Africa, Tunisia and Zambia. (B) Asian: Bahrain, Bangladesh, China, India, Indonesia, Japan, Jordan, Malaysia, Pakistan, Philippines, Saudi Arabia, south Korea, Sri Lanka. * (C) East European: Azerbaijan, Czech Republic, Poland, Romania, Russian Federation, and Ukraine. Scanned with CamScanner472 | INTERNATIONAL RELATIONS FOR CIVIL SERVICES (MAIN) {D) Latin American: Argentina, Brazil, Cuba, Ecuador, Guatemala, Mexico, Peru and Uruguay. () Western European and Other Regions: Canada, Finland, Netherlands, Switzerland and United Kingdom. Itisnoteworthy that USA did not seek seat of the Council even through it pledged support the Council. The term of office of council began on 19 June 2006. ‘A view has been expressed that if the UN Human Rights Council is a which can balance the rights between various groups, it would be a big step forward. However, as the things stand at present nothing is likely to change unless people every where are freed from) want and fear and are able to live in dignity. Centre for Human Rights ‘The Centre assists the United Nations in the promotion and protection of human rights. i! carries out research and disseminates information on human rights. The Centre for Human Rights is located at Geneva and comprises of Assistant Secretary General for Human Rights and five branches. These five branches are the Communication Branch which processes communications, concerning alleged human rights violations; the Special Procedures Branch which services the investigative organs set up by human rights bodies; the International Instruments Branch which follows the implementation of human rights treaties and conventions; the Legislation and Prevention of Discrimination Branch, which assists in preparing international human rights, instruments and prepares studies and reports requésted by the Sub-Commission; The Technical. and Advisory Services Branch which administers the programme of advisory services and technical, assistance, including the Voluntary Fund for Technical Cooperation and Advisory Services. France, Germany, to financially ble to serve as a forum, Check on Human Rights Violations | The UN strives to combat human rights violations through consideration of complaints from, individuals as well as organizations. It holds open discussions on the violations of human rights taking place in different parts of the world and appoints fact finding groups or experts to examine the situation. On the basis of the information received from the experts the Commission calls) upon the concerned governments to bring about necessary changes, and restore full enjoyment of human rights. | ‘The Commission also considers human rights in the global context and investigates ‘thematic’ human rights issues. Thus it has examined human rights issues like religious intolerance; freedom of expression; violence against women; child prostitution; child pornography. Where ever appropriate the Commission exerts pressure on the governments to bring human rights violations, toanend. | Complaints Against Specialised Treaties | ‘The UN also entertains complaints against violations of rights covered under specialised treaties like the Convention on the Elimination of All Forms of Racial Discrimination; the Convention against Torture and the Convention on the Rights of Migrant Workers. In fact all these treaties contain a provision which authorises the UN to receive complaints from their citizens. General Complaints | Apart from the treaty-based complaints the UN also receives large number of complaints regarding human rights violations. As the number of letters and reports received regarding humar, Scanned with CamScannerhuman cnt | 473 fights violations is solarge that specialized committees summarise them in confidential documents which are sent to the members of the Commission on Human Rights and its Sub-Commission Copies ofall such complaints are sent to the member state which can send its response on these Complaints to the UN, The individual complaints and government responses are first discussed in the Sub-Commission. Ifthe Sub-Commission finds that there is a consistent pattern of gross and reliably attested violation of human rights, the complaint may be sent to the Commission which may further investigate the matter. The complaints are discussed in closed meetings and are kept confidential until the Commission decide? to submit a report to the ECOSOC. Special Groups on Summary Executions and Disappearances The Commission on Human Rights has established special groups to investigate summary oF arbitrary executions and disappearance. In 1982 the Commission on Human Rights appointed a Special Reporter to investigate sumimary of arbitrary executions carried out by the order of @ government or with its complicity in violation of international human rights norms. The Special Reporter sent'special messages to the concerned government asking it to comply with the international standards. Similarly it set up a Working Group on Enforced or Involuntary Disappearance. This group receives complaints from individuals, their families or their Tepresentatives about missing persons. These reports re forwarded to the concerned governments and they are required to furnish fullest possible information on the fate and whereabouts of the missing persons. This information is then passed on to the relatives of the missing persons. Prevention of Arbitrary Detention In 1991 the Commission on Human Rights set up a Working Group on Arbitrary Detention to investigate cased of arbitrary detention. The group receives information from various sources viz,, governments, inter-governmental organizations, NGOs, concerned individuals, their families or their representatives. This information is transmitted to the concerned government which hi to send necessary reply within nine months. The Working Group takes a decision in the light of the information received in the context of international standards and obligations of the country concerned. Fight Against Torture The UN has also felt concerned about growing use of torture and inhuman methods. In 1975 the General Assembly adopted Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. The Declaration considers all these acts as an offense to human dignity and a violation of human rights and fundamental freedoms, In 1984 the General Assembly adopted the Convention against Torture and Other Cruel Inhuman and Degrading Treatment or Punishment. The Convention makes torture a crime and enjoins upon the governments to prosecute and punish those guilty of it. It clearly states that neither higher orders not exceptional circumstances can justify torture. The Convention established a 10 member Committee against Torture which receives complaints and reports to the concerned states as well as the General Assembly. The UN has set up a Voluntary Fund for the Victims of Torture and provides humanitarian, legal and financial aid to Victims of Torture and their relatives. Elimination of Racial Discrimination In 1963 the UN General Assembly adopted a Declaration on the Elimination of All Forms of Scanned with CamScanner474 | INTERNATIONAL RELATIONS FOR CIVIL: ‘SERVICES (MAIN) ty ofall persons and opposed Hof race, colour or ethnic origin. This ¢ AIL Forms of Racial Discrimination Racial Discrimination. The Declaration affirms fundamental equali discrimination between human beings on the ground followed by the International Convention on the Elimination 0! i undertot which came into force in January 1969. The states parties to this convention ok to pursue a policy of eliminating racial discrimination and promotion of understanding among races, An 18-member committee was set up to ensure the implementation of i e — ion ‘The Committee considers complaints regarding violations of the Convention avd Wt kes general econsmendations, In 1993 the General Assembly proclaimed the Third Decade to Comhay Hcism and Racial Discrimination (1993-2003) and called on all states to take measures to sane forms of racism through laws, administrative measures, education and information, 1 detlared thetall forms of racisne and racial discrimination constitute serious violation of human rights and must be combated through all available means. i Promotion of Women Rights ‘The UN clearly acknowledges the equal rights of elaborated by the Universal Declaration of Human Rights which asserted that all human beings are born free and equal in dignity and rights, and that every one is entitled toall the rights and freedoms without distinction of any kind, including distinction based on sex. In 1946 the Economic and Social Council set up a Commission on the Status of Women to examine women’s progress towards equality throughout the world and to make recommendations for the promotion of women's rights in political, economic, social and education fields, and to address problems requiring immediate attention in the field of women's rights. A further step in the direction of protection of rights of women was taken in 1993 when the General Assembly adopted a Declaration on the Elimination of Violence against Women. This Declaration offered a clear definition of violence and included in it physical, sexual and psychological violence which takes place in the family or the community and condoned by the state. It not % only insisted on offering protection to women but also emphasised the need of action on the part of the states and international organizations ‘men and women. This principle was further Equal Rights for Women UN has taken several steps to ensure equal rights for women in various spheres. In 1952 the General Assembly adopted the Convention on the Political Rights of Women whereby the States parties undertook legal obligations involving: the principle of equal rights between men and Women. The same year the General Assembly adopted Convention on the Nationality of Married Women to secure equal rights for them. In 1962 the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages was adopted with the intention to ensure equal right for both spouses through national legislation. In 1979 the Convention on the Elimination of All Forms of Discrimination against Women was adopted. The Convention listed the measures to be taken by the states to eliminate discrimination against women in many areas including political and public life, nationality, education, employment, health, marriage and family life. Right of Child The UN has also sought to protect the interest of the children. In 1959 the General Assembly adopted Declaration of the Rights of the Child, which affirmed the right of children to special Protection, opportunities and facilities for healthy normal development. This was followed by the Convention on the Rights of the Child which was adopted by the General Assembly in 1989. Undet Scanned with CamScannerHUMAN RIGHTS | 475 this Convention a Committee on Rights of Child we § Monitor the progress made by the state can make suggestions and recommendatiot ways in which the objectives of the ‘As established, This Committee meets regularly 's parties in fulfilling their obligations. The Committee Ns to the governments and to the General Assembly on Convention may be met, Protection of Minorities See General Assembly adopted Declaration on the Rights of Persons belonging to to enjoy their own cane 24 Linguistic Minorities, which assures to the minorities the right co establigh eon Sulture; to profess and practice their own religion; to use their own langua; to establish and maintain contacts with other members of thelr group; and to leave any country, including their own and to return to their country. The Declaration called for action by the States to promote and pi ) prom Protect the human rights and fundamental freedoms of persons belonging to minorities, especially in the areas of teaching, education, culture and information. Protection of Indigenous People In 1990, the General Assembl Indigenous People to strengthen i indigenous communities. By indi the original inhabitants of a cou 'y proclaimed 1993 as the International Year of the world’s nternational cooperation for the solution of problems faced by igenous people we mean the people who are the descendants of e l intry. However, subsequently people of other cultures or ethnic ongins arrived in the country and established their dominance through conquest, occupation, settlement or other means. Subsequently the General Assembly proclaimed 1994-2004: as International Decade of the World's Indigenous People to solve the problems faced by the indigenous communities in the areas of human rights, the environment, development, education and health. Protection of Migrant Workers !n 1990 the General Assembly adopted the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which set standards for laws and judicial and administrative procedures of States. The main purpose was to ensure that the migrants workers may be able to get justice. Fight Against Apartheid From the very beginning UN has felt gravely concerned about the policy of apartheid followed by South Africa. This policy based on segregation and discrimination was clearly a violation of the human rights because the coloured people were not permitted to participate in the political life and were subjected to repressive laws and regulations. The issue was first raised in UN by India in 1946 when it raised the question of discriminatory laws against the people of Indian origin. Subsequently in 1952 the General Assembly included the wider isste of racial conflict, arising from the policy of apartheid, in its agenda, In the following years the General Assembly continued to impress of the South African Government to abandon policy of apartheid as it constituted a Violation of the UN Charter. However, the South African Government did not respond favourably | and persisted with the policy of apartheid. In 1962 the General Assembly established the United Nations Special Committee against Apartheid to keep a watch on the racial policies of South Africa, The Assembly called on states to end diplomatic relations with South Africa; boycott all trade with South Africa; close ports to all South African flag vessels; refuse landing and passage facilities to ‘Scanned with CamScanner476 | INTERNATIONAL RELATIONS FOR CIVIL SERVICES (MAIN) a ft belong ament and companies registered under the South African laws etc. mandatory sanctions against South Africa. Initially the Security Council insiuted a voluntary armsembargoin 1963 but made the embargo mandatory in November 1 977.In the meanw! 7 7 General Assembly denied the South African delegation the right to participate in its proceedings hetween 1970 and 1974, In 1974 the Assembly recommended the exclusion of South African regime from participation in all international organisations and conferences so long it continued to practice apartheid, However, this proposal could not muster the necessary majority in the Council in 1976 the General Assembly approved a Programme of Action against Apartheid for implementation by the governments intergovernmental organizations, trade unions, churches, anti-apartheid and solidarity movements and other NGOs. It proclaimed the year beginning 21 March 1978 asInternational Anti-Apartheid Year. Despite ll pressures South Africa continued with policy of apartheid. However, with the beginning of 1989 certain developments took place both “within and outside South Africa which held out the promise of elimination of apartheid through negotiations. Within South Africa there was change in the thinking of the ruling National Party. The party acknowledged the failure of apartheid and the need for constitutional change. Accordingly in 1990 South African Government lifted ban on ANC, PAC and South African Communist Party and other political organizations and released Nelson Mandela, who had been imprisoned for over 27 years. As a result of an agreement with the UN High Commissioner for Refugees, South Africa allowed the return of exiles and refugees. The Government also repealed the apartheid laws and entered into a National Peace Accord with major political parties and organizations with a view to promote peace in the country. It may be observed that in the meanwhile in December 1989 the General Assembly adopted the Declaration on Apartheid and its Destructive Consequences in Southern Africa. This Declaration also encouraged the people of South Africa to find a negotiated solution of the problem of apartheid. In 1991 the Government held talks with the concerned parties and an agreement was reached on constitutional principles, political participation, the role of the international community, transitional arrangements and the time-frame for implementing decisions leading to the adoption of a new Constitution and holding of free democratic and non- racial elections. In 1992 the Security Council passed two resolutions emphasising the need for involving the international community for facilitating the transition. The Secretary General even dispatched two special envoys to carry out fact-finding mission. In September 1992 the Security Council deployed a United Nations Observer Mission in South Africa (UNOMSA) to strengthen the structure of the National Peace Accord and to end the violence. UNOMSA established contacts with governmental structures, political parties and organisations, civic associations and other community based groups. By 1993 significant progress had been achieved at the Multi-Party negotiating Forum and an agreement was reached on constitutional issues and transitional arrangement such as the holding of free and democratic elections to non-racial Constituent Assembly, the formation of a Transitional Executive Council andthe establishment of an independent electoral commission. In view of all these developments ANC President Nelson Mandela called on the international community toliftall economic sanctions against South Africa in response to the historic advances achieved towards democracy and to add impetus to the process under way. ' i October the General Assembly unanimously called for the lifting of economic sanctions. n December 1993 the Security Council approved the appointment of a new Secretary General's Scanned with CamScannerHUMAN RIGUTS | 477 Special Representative for South Africa, who was to assess the needs of the United Nations in carrying out its mandate of assisting in the electoral process. Elections were held in South Africa from 26 to 29 April 1994 which resulted in victory of ANG which secured 62.6 per cent of votes, while the ruling National Party could secure only 20-4 er cent votes, Inkatha Freedom Party could secure only 10.5 per cent votes. On 9 May, 1994 the Parliament proclaimed Nelson Mandela as President of South Africa. The next day he was inaugurated as President. With the first non-racial democratic Constitution coming into force the apartheid came to an end. In the elimination of apartheid the UN played an important role. 37.3 EVALUATION OF HUMAN RIGHTS Introduction Since the adoption of the Universal Declaration of Human Rights some 60 human rights treaties and declarations have been negotiated at the United Nations. Though the Declarations are not legally binding on the members they are indicative of the growing importance which is being attached to human rights. Despite the growing assertion of human rights all over the world, majority of the people do not enjoy any genuine freedom of speech and expression due to lack of education; or right to vote because they are hardly able to manage two square meals a day; or right to work due to absence of adequate opportunities of employment. Majority of the people in the under-developed countries do not have access to food, water, shelter, education, work, health care etc, Human Rights and Development It is now broadly agreed that there is a close relationship between human rights and development. In fact sustainable development is not possible without the provision of human rights and vice-versa. The relationship between human rights and development was very well brought out by the Human Development Report of 2000. In fact human rights and development share a common motivation and seek to promote freedom, well-being and dignity of the individual. 37.4 GLOBALISATION AND HUMAN RIGHTS The process of globalization has left a deep impact on human rights. Most of the industrialized and developed countries tend to include in their trade agreements a clause stipulating that the agreement would be suspended in the event of non-compliance with human rights. On the other hand the developing countries feel that compliance with human rights reduces their competitiveness and helps the developed countries. It may be noted that globalisation is not only an economic process, it has also social, political, environmental, cultural and legal dimension, which affect the human rights. Globalization has given rise to new patterns of interaction among the people and states, and~ provided unprecedented opportunities for the material progress. It would be wrong to presume that the government by themselves can play an effective role in promoting and protecting human rights. In fact, nothing less than a global perspective on human rights is acceptable. There is also need for reforming the UN human rights machinery to improve the legitimacy and effectiveness of human rights. Some Suggestions regarding Human Rights The following steps are needed to make the human rights more effective and genuine, ‘Scanned with CamScannerA7B | INTERNATIONAL RELATIONS FOR CIVIL SERVICES (MAIN) (1) For the effective enjoyment of human rights itis desirable that the governments should take lead in protecting human rights. However, in the present day global world global perspective of human rights should be taken. (ii) The UN Security Council members should commit themselves not to use veto in dealing with genocide, crimes against humanity and war crimes, and other human rights abuses. (ili) Reforms are needed in the UN human rights machinery to improve the legitimacy, efficiency and effectiveness of Human Rights. (iv) For the sake of creation of a just global economic order, the world bodies should show commitment towards human rights principles. (v) The people should have the right to choose their government and participate in its decision making with regard to matters which affect their lives. (vi) Steps be taken to eradicate slavery in those parts of the world where it still exists. (vii) People should be encouraged to show respect for the dignity of others. This can be achieved through consistent education about human rights. (viii) Effort should be made to involve largest possible number of people in the cause of human rights with a view to build environments where freedom and dignity of all is respected. ‘ ‘Scanned with CamScanner