HUMAN RIGHTS AND POLITICS

THE CONCEPT OF RIGHTS

• The issue of human rights dates back to ancient

writings of John Locke, Thomas Hobbes
• 18th century > Locke’s writings influenced the doctrine
of natural law and rights
• Men have a natural right to life, liberty and property
• 1689: English Parliament turned these natural rights
into law
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• Locke’s views influenced those who drafted the US

constitution, the French revolution
• Declaration of the rights of man and citizens
• Men are born free and are equal in rights
• UN General Assembly proclaimed the Declaration of Human
Rights in 1948
• Right to life, freedom of movement, free speech
 WHAT ARE HUMAN RIGHTS?

• A safeguarded right entitled to a person-every human being

• A right is a claim to something
• A right is an advantage/benefit which a person is justly entitled
to
• Individuals are born with rights > inalienable
• Human rights are not given to the individual by government,
president or parliament
 THERE ARE TWO KINDS OF RIGHTS

 Civil and political rights

• set of rights designed to protect individuals from unfair treatement
or discrimination (eg. protection from discrimination on the basis
of race, colour, sex, religion, disability)
• guarantees equal protection under the law
 Contained in the Bill of Rights of Botswana’s constitution & they
include:
• Right to life and security of person
• Right to freedom from slavery
• Right to freedom from torture, cruel, inhuman and degrading
punishment
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 Social, economic and cultural rights

• Initially not protected, only civil and political rights were
protected
• Recently recognized after realization that without socio-eco
& cultural rights, it is pointless for an individual to enjoy
political rights
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The Socio-economic & cultural rights include the right to:

•Social security
•Work, form & join trade unions
•Rest and leisure
•Education
•Standard of living adequate for one’s health
•Participate in cultural life of community
 HUMAN RIGHTS

• Measures are taken both at national & international levels to

secure rights, ensure they are enjoyed & protected
At national level > in the case of Botswana: Chapter 2 of the
Constitution
• Concerned with protection of fundamental rights & freedoms
• Constitution though is not the source of these rights
• Enjoyed by an individual merely by being human
 HUMAN RIGHTS

• Whether the constitution exists or not, we are human and entitled

to fundamental rights
• But the constitution merely protects and safeguards the
enjoyment of rights
• Section 3 to 16 of Botswana’s constitution
• Protection of rights afforded to all individuals irrespective of race,
sex, gender, etc.
• Enjoyment of rights must not prejudice public interests and rights
of others
 HUMAN RIGHTS

• Rights not guaranteed in absolute terms,

even right to life > can be taken away
• But one can seek justice through courts of law
if the right is contravened
• Section 18 of the Constitution of Botswana
 HUMAN RIGHTS

At the international level, there are various treaties &

conventions
•Following WWII, UN formed 1945
•International community was concerned with large
scale loss of life
 UN GENERAL ASSEMBLY NOTED

• “All Human Rights & fundamental freedoms are

indivisible & interdependent, equal attention & urgent
consideration should be given to the implementation,
promotion & protection of both civil & political, and
economic, social and cultural rights; and that,
• The full realization of civil & political rights without the
enjoyment of economic, social & cultural rights is
impossible” Resolution 22/130 of 1977
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• The Universal Declaration of Human Rights > international
document adopted by the UN General Assembly
• Enshrines the rights and freedoms of human beings
• “All human beings are born free and equal in dignity and
rights” (Universal Declaration of Human Rights)
• Every human being is entitled to them irrespective of
gender, colour, race, nationality, religion, sexual orientation,
etc.
• Other rights include, privacy, marriage by choice, just or fair
trial, freedom from torture
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• Extensive violation of human rights in various ways

• 10th December 1948 UN General Assembly adopted
Universal Declaration of Human Rights
• Article 1 > “All human beings are born free and equal in
dignity & rights”
• But the Universal Declaration also states that rights cannot
be guaranteed in absolute terms
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Limited situations where the taking away of right to life is

permissible:
•To protect rest of members of society
•So an individual’s enjoyment of rights should not infringe others’
rights
•States have a duty to respect their citizens’ rights
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• They must not violate them, but many states (including in
Africa) do not respect their citizen’s human rights
• In many countries, infringement of citizen’s rights
• Eg. voter intimidation; citizens denied employment by hiring on
basis of ethnicity, political beliefs, religion; state-sponsored
violence, etc.
• Partly explains why there are so many refugees all over
Africa- Nigerians, Somalis in South Africa
• Refugees are people who have been grossly and persistently
denied human rights and flee to other countries in search for
freedom.
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• In some countries there are prisoners of conscience: people

imprisoned because of their political/religious beliefs and for
opposing government > China, North Korea
So states have a duty to protect human rights and fundamental
freedoms, and to:
• Create conditions conducive to the enjoyment of these rights
• Failure by governments to deal with gross violation of rights leads
to intervention on humanitarian grounds by the UN
• The R2P
 IN CONCLUSION

• Human rights remains a major issue in international

politics
• There is need to strengthen state institutions, civil
society & enhance public awareness in observance
of rights
• Democracy, human rights & peace are dependent on
good behavior of state in its policies
• Rights should be treated as pre-condition for
development, observance of rule of law