Human Rights, Their Challenges, and the Path Forward
Introduction
The speaker expresses gratitude for being at the University of Pretoria and the Human Rights Centre, commending their role as a partner to the Open Society Foundations.
The current global context raises concerns regarding the future of human rights, with a need to evaluate the adequacy and effectiveness of existing approaches amidst escalating violations and impunity.
Key questions discussed include:
What is the role of human rights in a shifting global order?
What aspects need to be defended and reimagined?
How to ensure human rights remain effective tools for justice?
The intention is to propose ideas and solutions for discussion and debate.
The Universality of Human Rights
Historical context of the Universal Declaration of Human Rights (UDHR) drafting.
Disagreement on the wording of Article 1, specifically Eleanor Roosevelt's original statement:
"All men are born free and equal in dignity and rights."
The initial phrasing reflected a historical exclusivity favoring men, particularly property-owning ones, neglecting rights of women, colonized individuals, and marginalized groups.
The declaration was criticized as merely entitlements, creating a hierarchy among people.
Hansa Mehta's Contribution
In light of International Women’s Day, the speaker references Hansa Mehta's challenge to Roosevelt’s text, advocating for a revision to:
"All human beings are born free and equal in dignity and rights."
This change underscores the universality of human rights, transcending distinctions of gender, race, and class.
Mehta’s vision indicates human rights as a universal construct, countering the notion of superiority or foreign imposition.
Active participation of women in the rights discourse is highlighted:
Mehta founded the National Women-Workers Group, leading non-violent protests against colonial rule and faced imprisonment for her activism.
As president of the All-India Women’s Conference, she drafted the “Indian Woman’s Charter of Rights and Duties”, advocating for civil and political rights alongside economic and social rights equally.
Broader Global Voices
The UDHR was influenced by multiple voices from the Global South, for instance:
Shaista Ikramullah advocated against child and forced marriages.
The drafting committee led by Charles Malik from Lebanon.
At ratification, 34 of the 48 signatory nations were from the Global South.
Struggles for Human Rights
South Africa's Context
In South Africa, prominent activists include Ida Mntwana, who headed the ANC Women’s League.
Mntwana organized various forms of civil disobedience against apartheid, highlighting unique challenges faced by women in a political struggle.
Her contributions were pivotal during the 1952 Germiston march, where she was detained alongside fellow activists.
Mntwana was a drafter of the Freedom Charter, showcasing that rights emerge from collective struggle and defiance.
The Freedom Charter
The Freedom Charter outlined essential human rights and freedoms:
Self-governance, equal rights for all national groups, equitable sharing of a nation’s wealth, universal legal equality, job security, access to education and culture, housing, and peace.
The aspirations depicted in the Freedom Charter are acknowledged as universal, appearing across various historical contexts including struggles against slavery, women’s rights, LGBTQI+ rights, labor movements, and indigenous rights.
Threats to Human Rights
Contemporary Challenges
The universality of human rights faces challenges from forces attempting to fragment and exclude rights.
The refugee rights paradigm is highlighted through the example of the Refugee Convention of 1951, originally established post-Holocaust, which is now undermined.
European governments are criticized for framing asylum seekers as threats rather than victims.
Rights are increasingly positioned against one another, leading to conflicts between women's rights and LGBTQI+ rights with religious freedoms, and free speech being curtailed under security pretexts.
Global Conflicts
Current global conflicts reveal a disdain for human life, marked by selective grief over civilian casualties.
Examples include ongoing violations of human rights in conflict zones such as the Democratic Republic of Congo, Gaza, Sudan, and Ukraine, indicating a grave disregard for civilian protections.
The Erosion of the Liberal International Order
The Role of States
The UDHR was central to the post-WWII liberal international order, where powerful states promoted and protected human rights.
Contemporary events indicate these same states are dismantling established norms, undermining accountability frameworks, and fostering impunity.
Division among UN Security Council members between erstwhile champions of human rights and those with a different track record is discussed.
However, there is a notable resurgence of commitment among many Global South nations to reaffirm international law and human rights, evidenced by significant UN General Assembly votes condemning violations in conflict regions.
New Challenges and Human Rights Framework
Engagement of 97 countries in cases regarding climate change illustrates an evolving human rights context.
A call for new human rights champions is stressed, emphasizing a moral imagination connected to emergent global shifts.
The need to address systemic inequalities and the future rights landscape is posited.
Revitalizing the Human Rights Movement
Addressing Current Shortcomings
The necessity to re-examine how human rights work is conducted, noting a drift in civil society away from community engagement.
Acknowledgment of rising rights violations in Africa is paralleled with burgeoning activism and youth engagement in rights advocacy worldwide, highlighting methods of organization and resistance.
Future Frameworks and Shifts
Outlined are six critical shifts necessary for the future of human rights:
Community-Driven Approaches: Recognizing that human rights emerge at a community level, ensuring participation from marginalized voices.
Modernization of Methods: Adapting approaches to remain relevant, moving away from outdated practices that dissociate from rightsholders.
Intersectional Analysis: Connecting multiple dimensions of identity (race, gender, class) in rights advocacy, reflecting how individuals experience injustice.
Future-Oriented Advocacy: Addressing not just current rights but anticipating future impacts from environmental degradation, conflicts, and technology.
Digital Rights Focus: Recognition of the changing technological landscape and the urgent need for comprehensive digital rights protections, including issues of surveillance and censorship.
Movement Building and Solidarity: Emphasizing transnational cooperation to oppose anti-rights movements, fostering global South alliances.
Conclusion
The demand for human rights advocacy remains vital and pressing amidst contemporary challenges.
Recognizing that the fight for rights is ongoing, collective determination and courage, as invoked by Ida Mntwana, is necessary for progress.