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,’ enunciates Universal Declaration of Human Rights (UDHR). The harrowing incident of Mr.George Perry Floyd, an African-American black who was killed after a white police officer, Derek Chauvin knelt on his neck for almost eight minutes and strangulated him to death at Minneapolis has once again brought to fore the dire need of implementation of international human rights.
His death also spurred world-wide protests led by ‘Black Lives Matter’ movement. Mr. Chauvin has been charged with second degree murder, yet the gross transgression of rights of life, liberty by state power and authority still continues unabated. Another black man Rayshard Brooks was shot during an attempted arrest in Atlanta.
Despite UDHR proclaiming that ‘no man shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’ (Art 5: UDHR), the needless and preventable human suffering across the world is far from over. George Floyd is a reflection of ethno-centrism, jingoism, national identity privileges of one race over others. It symbolizes contumacious violation of ICERD (The International Convention on Elimination of All Forms of Racial Discrimination) to which most of the countries in the world are signatories.
This unwarranted highhandedness, though, set in the premise of racial discrimination, yet it’s innate in the pool of role identities that carve human rights narratives. One may contest that modern nation-states are acting as perpetrators of violation of human rights and protector both in tandem with its self-interests and convenience.
A world stratified into several thousand ethnic, cultural, racial, linguistic or religious identities within 193 nations is bound to manifest ‘majority’ and ‘minority’ debate. It can yet be not licensed to override the basic human rights that an individual acquires by virtue of being born as a human being. Human rights have been recognized since time immemorial. ‘Magna Carta Libertatum’ was a royal charter of human rights agreed to by King John of England at Runnymede as early as 15th June, 1215. The ‘Declaration of Rights of Man’ envisaged on 26th August,1789 during French revolution is considered as a precursor of modern human rights. Modern states are expected to facilitate implementation of international human rights and not exacerbate the problem amidst politics of differences and identity.
Universal tolerance, belief in harmonious co-existence takes a beating in a hyperglobalised world ridden with discrimination and disrespect to those who don’t collude with your ideology. We are in the era governed by constitutions; still human suffering is not ameliorated. Human dignity is uncompromising as it lies at the heart of human rights. Every human being is entitled to inviolable human rights. They are to be protected and promoted by the society, state and the international community.
Man is born free and he aspires to live in peace and freedom. He wants to enjoy his natural rights. From time immemorial, his fight is with the nature, society, and state for preservation of human rights and fundamental freedoms. In horizons of freedom , L.M.Singhvi exhorts freedom as ‘emancipation of the spirit of man from the coercive constraints of fear and want. The fundamental postulate of social freedom is the dignity of man and its foundation is justice.
Eminent jurist Upendra Baxi in his book ‘Future of Human Rights’ explaining the paradox of human rights interestingly underlines that ‘human rights kindle in the hearts of human beings and paradoxically are extinguished by brutality of human beings themselves. The birth of human rights is innocuous , but their application is fraught with politics of power.’
The hue and cry for implementation of international human rights in modern world began in second half of twentieth century after the world was shaken by the devastating consequences of two world wars. It’s estimated that the two world wars caused approximately 50-80 million deaths. The concept of ‘Jus ad bellum’ , the law governing when states may wage war and ‘Jus in bello’, the law governing conduct of war was introduced in an attempt of civilizing the conduct of war in western societies
. The horrors of holocaust brought ‘genocide’ on top agenda of United Nations after second world war. The Nazi genocide of 6 million European Jews between 1941-45 in German occupied Europe had unmasked the monstrous side of human face under Adolf Hitler. In ‘Life and Death of Adolf Hitler’ written by Robert Payne, its narrated that Hitler had not only wished Jews to die, but they must die in agony.
Hitler had searched for a long the best way to prolong their agony before death. Since post war world order was predominantly designed by western states especially under leaders such as Roosevelt, Churchill and Stalin, the human rights discourse of twentieth century was immensely western centric. Non-western voices joined the formulation dialogues of human rights at a very later stage.
One of the earliest efforts to codify international human rights was the Geneva Convention of 27th July,1929. It established the standards of international law for humanitarian treatment in war. It consists of series of treaties on humane treatment of civilians , soldiers including wounded and sick, prisoners of war during war time. The convention, however, came in the eye of storm due to accusations that USA had violated the treaty obligations by indulging in indefinite detention of war prisoners without due process(trial) at Guantanamo bay.
The torture, inhumane conditions of prisoners and human rights violations still remain unpunished and unremedied. Neither UN, ICC, ICJ nor any other international community tribunals have still been able to ensure the closure of Guantanamo bay prison despite the US actions at Guantanamo are grossly infringing provisions of Geneva convention, International Covenant for Civil and Political Rights(ICCPR) and Convention Against Torture(CAT).
The detention centre has been running under the nose of international community even during George Bush, Obama and Trump regime. Bush justified it post terrorist attacks of 11th September,2001 as a need to counter terror. Gross human rights abuses are perpetrated by USA at Guantanamo detention camps as neither US nor International law applies there. The Corona virus pandemic has brought new delays for Guantanamo detainees on trial. This raises a moot question – ‘ Are human rights universal or relative ?’ in a Euro-American dominated world order.
The formation of modern states and evolution of contemporary international human rights are intrinsically intertwined. International human rights are thus considered as products of enlightenment, renaissance by many jurists. Its emblematic of an end to centuries of abuse of power. May it be the Classical Greece, ancient China, imperial Rome, rennaisanced Italy, Golden Mauryan , or majestic Mughals, the recognition of human rights in some or the other forms has always been there.
Human rights are good ideas that are culturally and historically transcendent. The basic values of freedom, liberty, liberalism, social justice, non-discrimination, human dignity, security, prosperity, harmony, peace, non-violence have been at the helm of all human affairs. The multinational or multi-cultural demographic make-up of nations guided by their narrow self-interests unleashed arbitrary use of power by them 20th century onwards .
The righteous conduct and justice both on the part of ruler and the ruled is missing in WTO regime of economic self-interests. Modern nation states are warring to become economic and cultural hegemons as rightly described by Samuel Huntington in ‘Clash of Civilizations’. The uneven practices of domination, governance, counterpower, resistance in a hyperglobalized world has made the future of international human rights uncertain.
Its not only wars, aggressions, or armed conflicts that jeopardize the human rights implementation , but innumerable other factors too influence human rights exponentially. International Relations expert and noted American philosopher, Henry Shue has aptly explained that- ‘Starvation, disease, and deprivation of basic needs like clean water kill human beings just as certainly as do torture, war and genocide. Elimination of conditions and practices associated with violation of human rights is therefore advisable.
One of the purposes of United Nations as mentioned in its Article 1 is- international co-operation in solving international problems of social, cultural, and humanitarian character. This led to a sea change in UN character and today it addresses myriad issues of human rights by establishing new agencies like WHO, ILO, UNESCO, UNDP, FAO, et cetera. The United Nations Human Rights Council (UNHRC) is a specialized body of UN whose mission is to promote and protect human rights around the world.
Even UN charter carves ‘inherent dignity’ and ‘equal and inalienable rights of all members of the human family’ as principles for the foundation of freedom, justice, and peace in the world. Its fundamental to every undertaking of the United Nations.
A galaxy of issues in international human rights are encompassed in civil, political, economic, social and cultural rights. Lack of equal opportunities for civil and political participation lead to marginalization and disenfranchisement of individuals and groups leading to violation of their human rights. Hunger, torture, lack of access to basic resources like food, clothing, shelter, clean drinking water, ethnic cleansing, genocide, discrimination, extra-judicial execution, child soldiers, rapes, human trafficking, child labour, dispossession, forced assimilation of indigenous people, pandemics, migrant refugees also impair state of enjoyment of human rights along with wars.
Most of these problems are attributed to state and respect for human rights is considered as its solution. No doubt that individual along with state, international organisations, non-state actors, and movements is one of the important subjects of international law, yet action for it is always a work in progress. State autonomy and sovereignty is used as an excuse to volte face the problems associated with implementation of human rights. The weak and defunct ‘Rule of Law’ in most nation states and at international level renders implementation of human rights virtually impossible.
The Rwanda genocide of 1994 was one of most horrendous manifestation of crimes against humanity in 2oth century due to ethnic clash between extremists Hutus and minority Tutsi tribe. A whopping eight lakh Tutsi minorities were slaughtered by Hutus in just 100 days. About 84 percent of Rwanda’s population were Hutu, 15 percent were Tutsi and one percent were Twa. This genocide is a testimony to the fact that minorities, howsoever, deserving will have to eventually bear the brunt of superior identity conscience of majority.
The genocide was sparked on false suspicion and pretext that Tutsi were responsible for the plane crash of Rwandan president Juvenal Habyarimana who was a Hutu. UNSC later had established International Criminal Tribunal for Rwanda(ICTR) to judge people responsible for Rwandan genocide and violations of international laws. ICTR had indicted a total 93 individuals including politicians, businessmen, highranking military and government officials, heads of media and even religious leaders for this genocide. Former Rwandan PM Jean Kambanda became first head of Government ever to be convicted of genocide by an international court. Jean Paul Akayesu, a former mayor was also indicted for genocide, crimes against humanity and violation of Article 3 of Geneva convention.
The Darfur civil war of 2003 is also believed to be the first genocide of 21st century that underlined the indisputable atrociousness of humanity. As many as 4 lakhs Darfari men, women, and children became victims of this Arab identity privilege clash in Sudan , one of the largest African country. The Arab militias known as ‘Janjaweed’ who were government funded and supported systematically destroyed Darfuris by burning villages, looting economic resources, polluting water bodies, murdering, raping and torturing civilians.
Regretfully when these mass atrocities were committed , the international community was a mere mute spectator. It was only after BBC reporting that UN woke up from slumber and UNAMID(United Nations African Union Mission) was sent to maintain peace there. Omar Al-Bashir, former president of Sudan is still scot-free and has not been tried in either ICC or ICJ for these brutalities.
The protection of rights of ‘indigenous people’ by curbing their forceful assimilation is needed. The gross violation of rights of Caucasians by imperialist and expansionist Russia is not debated much in human rights discourse. The Russo –Circassian war of 1864 displaced lakhs of Caucasians who were native ethnic tribes of Caucasus region in Russia. Russians believed that they have authority to rule Caucasians after ‘Treaty of Adrianople’ that concluded Russo-Turkish war of 1828 between Russia and Ottoman empire.
When the indigenous Caucasians resisted Russian atrocities, their villages and forest dwellings were destroyed. Many Caucasians were exiled to neighboring states due to high-handedness of Russians.
Article 1 of United Nations Declaration on the Rights of Indigenous People was adopted by UNGA in 2007 and it emphatically states that indigenous peoples and individuals are free and equal to all other peoples and individuals and have right to be free from any kind of discrimination , in exercise of their rights, in particular that based on their indigenous origin or identity. Its implementation in letter and spirit by member states is much sought.
US invasion of Iraq in 2003 left the country in trail of destruction and chaos . Bush administration invaded Iraq on the pretext that it was developing and amassing weapons of mass destruction(WMD). Later on, it has been highly contented by international experts that this war was just a result of demonstration effect of USA. The victory was intended to send a message to the Arab world especially Syria, Libya, Iran that American hegemony was unwavering.
Iraq war was motivated with the desire to re-establish American standing as the world’s leading power. The world is still wondering what happened to those WMD’s cited by Bush to justify war. Around 4 lakh deaths are attributable to this war. There is no special tribunal set up by UN to book the perpetrators of these war crimes against humanity only because majority of these wars were fought by Euro-American countries on pretext of either terrorism or spread of democracy and protection of humanity.
Whenever the issue of initiating trials for war crimes committed by other countries and their leaders comes up, the Euro-American powers take deep interest. The Nuremberg trials ( 1945-1949) were administered exclusively by USA, Great Britain , Soviet Union and France. German Government and military leaders were tried in German city of Nuremberg itself as a symbolic gesture against oppression of Nazi Germany. Four types of crimes were determined namely crimes against peace, crimes against humanity, war crimes and conspiracy for first three crimes. Death sentences were awarded to 12 persons, life imprisonment to 3, lengthy jail terms to 4, while 3 were acquitted.
In Tokyo trials of 1946, a special tribunal named International Military Tribunal for Far East (IMTFE) was set up at the initiative of USA .Japanese leaders were tried by 11 countries including USA, UK, Soviet Union, Phillippines, New Zealand, Netherlands, France, China, Canada, India and Australia for their wars of aggression in neighboring countries during 1941-45. Former PM of Japan, Hideki Tojo and six others were executed by hanging after this trial holding them guilty of war crimes.
Refugee crises is one of the most nagging problems of human rights in twenty first century. The Syrain civil war that kicked off in 2011 has led to flagrant human rights violations. About 5.6 million Syrian refugees and another 6.2 million people are displaced. Nearly 12 million people in Syria need humanitarian assistance. Its estimated that half of these affected people are children. Syrain movement for Government reforms is an integral part of Arab Spring that swept Middle East. Government is continuously countering these protests through crackdowns and violence. Militant groups are fighting for their rights against Syrain official military.
Millions of Syrian families have been destabilized. Majority of them are children who were at receiving end. An estimated 5 lakh people have been killed in this war. Syrian refugees have fled to neighboring countries like Turkey, Lebanon, Jordan, and Iraq by sea and land. Most of the member states of UN have ratified the UNHCR refugee convention of 1951and its 1967 protocol, yet they are reluctant to provide shelter to war-torn Syrian refugees.
Is there any legal remedy with UN agencies like ICJ or ICC for these countries which are obliged to protect refugees on their territory and treat them according to internationally recognized standards, but are conversely defying their treaty obligations ? UNHCR estimates that globally a child is born stateless every ten minutes. The Principle of Non-Refoulement has been consigned to lumber room by UN members.
The other war crimes in Iraq, Afghanistan, Somalia, Libya, Yeman, Chechanya committed by Euro-American powers have disappeared in oblivion in a system of global governance led by the coterie of Euro-American hegemonic powers. The human rights discourse thus needs to be freed from the shackles of ‘from the west to the rest’ approach. Due recognition of the human rights of non-western countries has to be acknowledged by international community. The journey of human rights discourse has to be from ‘politics of human rights’ to ‘politics for human rights’.
The problem of ‘narrative monopolies’ in international human rights has to be diagnosed. We need to encourage the ‘subaltern’ voices of thirdworld countries in human rights discourse. The crucial site of struggle for implementation of human rights is local not global. Right to life, right to self-determination, right of indigenous people, right to clean environment, right to development, right to peace are some of the most crucial aspects of human rights as recognized by UN. All member states should accept the binding character of these rights.
Protection of human rights is for universal peace as ‘injustice anywhere is a threat to justice everywhere’. The state, international , regional organisations, and Non-Governmental organisations should work out a strategy for establishment of perpetual peace as it enables states to create propitious atmosphere for fullest development of all human faculties. Democratisation of world order for implementation of international human rights is a must.
Human rights are about human wrongs and hence the state, individual, society, and international community should shoulder this collective responsibility of implementation of international human rights. More respect for human rights and protection of human rights would make this world a better place to live in. States and individuals ought to be more empathetic than sympathetic.
The world leaders such as Gandhi, Mandela, Martin Luther, Lincoln have passed the flambeau of ‘human rights’ to us and hence its incumbent upon us to protect its glowing flame.
The credibility of United Nations is at stake due to the abuse of power by five permanent members of Security Council. A duty is cast upon UN to maintain not only world peace and security but also to create conditions for a world without war, development without domination, and a new humanitarian world order that is free from fear or favour. World should be guided by the dictum of ‘Fiat Justitia , ruat caelum’ meaning thereby- ‘Let Justice be done, though the heaven should fall.’