Human Rights and International Relations

 

Dr. M. Shafi Bhat

Centre for International Relations, Islamic University of Science & Technology Awantipora, Kashmir.

 

ABSTRACT:

Human Rights have become firmly enmeshed in both the practice and study of International Relations and are now days a permanent feature of International Relations. Since the establishment of United Nations in 1945, a huge corpus of human rights law has bee evolved under its aegis. Thus, the term Human Rights has become a catchword in contemporary discourse in International Relations. It is in this backdrop that the present paper analyses the status of Human Rights in International Relations. The paper provides the philosophical, historical and cultural foundation and perspective of the concept of Human Rights. It examines the meaning, significance and the ideological perspectives of the concept of Human Rights in international governance. The paper also attempts to appraise international efforts to promote and protect Human Rights and suggests ways for making these efforts amore effectives so that gross violation of Human Rights can be brought to an end.

 

 

 

INTRODUCTION:

Human Rights imply the rights relating to life, liberty, equality and dignity of the individual. Human Rights are often expressed and guaranteed by law. Human Rights are fundamental rights that every human being needs to be able to live with dignity, justice, honor and peace. These rights are essential for one’s existence and development as a human being. All individuals should enjoy human rights without any distinction of race, color, creed, sex or religion. Human rights are universal and are established and protected by law in di9fferent countries. The UN Charter in its preamble reaffirmed the determination of the UN “to save the succeeding generations from the scourge of war, reaffirmed faith in fundamental human rights and pledged to promote social progress and better standards of life in larger freedoms”.

 

Article 1 of the UN Charter also proclaims that one of the purposes of the UN is to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction of race, sex, language or religion. The Human Rights movement emerged in the 1970s, especially from former socialists in Eastern and Western Europe, with major contributions from the United States and Latin America. The movement quickly galled as social activism and political rhetoric in many regions put it high on the world agenda. By the 21ast century, the human rights movement expanded beyond its original anti-totalitarianism to include numerous cases involving humanitarianism, social and economic development in the Third World (Moyn). Most of the basic ideas that animated the movement developed in the aftermath of the Second World War, culminating its adoption by the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. For the achievement of the objective of Human Rights, the UN General Assembly adopted the Universal Declaration of Human Rights on December 10, 1948 (also celebrated every year as the Human Rights Day). The General assembly described the Declaration as a “common standard of achievement for all the people and all nations”. It called upon the member states and all people to promote and secure the recognition and observance of the rights and freedom set forth in the Declaration. The Declaration recognizes that everyone is entitled to a social and international order in which the human rights set forth in the declaration may be fully realized. Since the adoption of the Universal Declaration of Human Rights some 60 Human Rights Treaties and declarations have been negotiated at the UN. Though the declarations are not legally binding on the members, they are indicative of the growing importance which is being attached to human rights.

Principles of Human Rights

1.       Universal and Inalienable: The principle of universality of Human Rights is the cornerstone of international human rights law. This principle, as first emphasized and enunciated in Universal Declaration of Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations and resolutions. For instance, the 1993 Vienna World Conference on Human Rights noted that it is the duty of states to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. Human Rights are inalienable. They should not be taken away except in specific situations and according to the due process.

2.       Interdependent and Indivisible: All Human Rights are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.

3.       Equal and Non- discriminatory: Non-discrimination is a cross- cutting principle in international human rights law. This principle is present in all the major human rights treaties and provides the central theme of some of international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination and the convention on the Elimination of All Forms of Discrimination against Women. The principle of non- discrimination is complemented by the principle of equality, as stated in Article 1 of the Universal Declaration of Human Rights, “All human beings are born free and equal in dignity and rights”.

4.       Both Rights and Obligations: Human Rights are both rights and obligations. States assume obligations and duties under international law to respect protect and fulfill human rights. It means that state should refrain from interfering with or curtailing the enjoyment of human rights. Again state must take positive action to facilitate the enjoyment of basic human rights.

 

Internationalization of Human Rights

In the history of International Relations, a comprehensive list of Human Rights have been recognized which every individual can claim as a member of society. Since 1948 the United Nations has adopted nearby one hundred human rights instruments such as declarations, conventions, covenants, protocols and resolutions on various facets of human rights, covering the entire gamut of human relationship. However, the most important among all these instruments are the Universal Declaration of Human Rights (UDHR) 1948, the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 and the International Covenant on Civil and political Rights (ICCPR), 1966 which together form the parts of the International Bill of Rights. The bill (first ever adopted in the history of the world) has brought the matter of promoting Human Rights on the agenda of International Relations.

 

Rights mentioned in the International Bill of Rights

The UNDHR, which is Magna Carta of mankind, proclaims civil, political, economic, social ad cultural rights. The two covenants of 1966 further elaborate these two sets of rights mentioned in the UDHR. The covenants are legally binding on ratifying sates unlike the provisions of the UDHR.

 

International Covenant on Civil and Political Rights (ICCPR)

The ICCPR, under Article 6- 27, sets out the following rights.

 

Right to life, freedom from torture and inhuman treatment, freedom from slavery and forced labor, the right to liberty and security, the right of detained persons to be treated with humanity, freedom from imprisonment for debt, freedom of movement and of choice of residence, freedom of aliens from arbitrary expulsion, the right to a fair trial, protection against retroactivity of the criminal law, the right to recognition as a person before law, the right to privacy, freedom of thought, conscience and religion, freedom of opinion and expression, prohibition of propaganda for war and of incitement to national, racial or religious hatred, the right of peaceful assembly, freedom of association, the right to marry and found a family, the rights of the child, political rights, equality before the law and rights of minorities. Article 2(2) of the ICCPR imposes certain kind of obligation upon the states, which ratify it to enact domestic legislation to give effect to the rights guaranteed by the covenant. Moreover, the Article 3 further lays down an obligation upon such states to ensure that the rights guaranteed by the covenant are made available to all their citizens.

 

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Under Articles 6-15, ICESCR provides a detailed list of rights to be protected by state parties which include:

The right to work; the right to just ad favouarable conditions of work including fair wages, equal pay for equal work and holidays with pay; the right to form and join trade unions, including the right to strike; the right to social security; protection of the family, including special assistance for mothers and children; the right to an adequate standard of living, including adequate food, clothing and housing and the continuous improvement of living conditions; the right to the highest attainable standard of physical ad mental health; the right to education, primary education being compulsory and free for all and secondary and higher education generally accessible to all and the right to participate in cultural life and enjoy the benefits of scientific progress.

 

Human Rights and United Nations

The UN, as an intergovernmental body, seeks to apply international jurisdiction for universal human rights legislation. Within the UN machinery, Human Rights are primarily the concern of the UN Security Council (UNSC) and the United Nations Human Rights Council (UNHRC) and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The UNSHRC, a successor to the United Nations Commission on Human Rights, was created through a resolution of the UN General assembly adopted on March 16, 2006. The council is an international body within the UN system. The council proposes to address human rights violations.

 

Human Rights Council

 Human Rights Commission has a mandate to investigate human rights violations. It is a subsidiary body of the General Assembly and reports directly to it. Forty Seven (47) of the one hundred ninety one (191) member states sit on the council, elected by single majority in a secret ballot of the United Nations General Assembly. Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in Geneva and meets three times a year with additional meetings to respond to urgent situations. Independent experts (rapportuers) are retained by the council to investigate alleged human rights abuses and to provide the council with reports. The HCR may request that the Security Council take action when human rights violations occur. This action may be direct actions, may involve sanctions and the Security Council may also refer cases to the International Criminal Court (ICC) even if the issue being referred it outside the normal jurisdiction of the ICC. On April 28, 2009 the Security Council adopted  resolution 1674 that reaffirmed the responsibility to protect people from genocide, war, crimes, ethnic cleansing and crimes against humanity and committed the Security Council to action to protect civilians in armed conflict.

 

Universal Declaration of Human Rights (UNDHR)

For the achievement of the objective of Human Rights, the UN General Assembly adopted the Universal Declaration of Human Rights on December 10, 1948. The General Assembly described the declaration as, “a common standard of achievement for all the people and all nations”. It called upon the member states and all people to promote and secure the recognition and observance 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, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The civil and political rights to which human beings are entitled have been outlined in Articles 3 to 21 of the Declaration of the 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.       Freedom of movement; the right of asylum; the right to a nationality.

5.       Freedom of thought, conscience and religion; freedom of opinion and expression.

6.       Right to peaceful assembly and association.

7.       Right to take part in government and to equal access to public service.

8.       Freedom from arbitrary interference with privacy, family, home or correspondence, freedom from attacks upon honor and reputation; the right to protection of the law against such attacks.

 

Economic, Social and Cultural Rights (Article 22 to 27)

1.       Right to social security.

2.       Right to work, the right to equal pay for equal work and the right to form and join trade unions.

3.       Right to rest and leisure.

4.       Right to a standard of living adequate for health and well- being.

5.       Right to education.

6.       Right to participate in the cultural life of the community.

7.       Every one is entitled to a social and international order in which the human rights set forth in the declaration may be fully realized.

 

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 information received from the experts, the ICHR calls upon the concerned government to bring about necessary changes and restore full enjoyment of human rights.

 

Promotion of Women Rights

UN clearly acknowledges the equal rights of men and women. This princip0lae was further 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 to all the rights and freedoms without differences of any kind. 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 educational fields and to address problems requiring immediate attention in the field of women’s rights. In 1993, the General Assembly adopted a declaration on the Elimination of Violence against women. It not only insisted on offering protection to women but also emphasized the need of action on the part of the states and international organizations.

 

Child Rights

The UN seeks to protect the interest of the children. In 1959 the General assembly adopted a 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 Children which was adopted by the General Assembly in 1989. Under this convention a Committee on Rights of Children was established. The committee makes recommendations and suggestions to the governments and to the General Assembly on ways in which the objectives of the convention may be met.

 

Protection of Minorities

In 1992 the General Assembly adopted Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities. The declaration assures the minorities the right to enjoy their own culture, to profess and practice their own religion, to use their own language, to establish and maintain contacts with other members of the 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 protect the human rights and fundamental freedoms of people belonging to minorities, especially in the areas of teaching, education, culture and information.

 

Protection of Indigenous People

In 1990, the General assembly proclaimed 1993 as the International Year of the world’s Indigenous people to strengthen international co-operation for solving the problems faced by indigenous people. 1994- 2004 was proclaimed by UN General Assembly as decade of the worlds 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

In 1990, the General Assembly adopted the convention on the protection of all migrant workers and members of their families, which set standards for laws and judicial and administrative procedures of states.

 

Fight against Apartheid

In 1976 the General assembly approved a “Programme of Action against Apartheid” for implementation by the governments, intergovernmental organizations, trade unions, churches, anti- apartheid movements and other NGOs. It proclaimed the year beginning March 21, 1978 as International Anti- apartheid Year. Over the years, UN has played a vital role throughout the world for eradicating the evils like apartheid, e.g. in South Africa. (Complete details are available at the UN website).

Human Rights and Development

There is a close relationship between Human Rights and development. Sustainable development is impossible without the provisions of Human Rights. The Human Rights Development Report 2000 highlighted the relationship between the two.  The UNDP’S Human Development Report provides asserting evidence of how the pursuit of free trade and the systematic violation of human rights go hand in hand besides marginalizing poor countries from the bounty of world economy. In fact Human Rights and development share a common motivation and seek to promote freedom, well- being and dignity of people.

 

Globalization and Human Rights

The process of globalization has left 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 felt that compliance with human rights reduces their competitiveness and helps the developed nations. Globalization has given rise to new patterns of interaction among the people and states and provided unprecedented opportunities for the material progress.

 

Suggestion for making Human Rights Effective

1.       For the effective enjoyment of Human Rights it is desirable that the governments should take steps to protect Human Rights. In the present global world, global perspective of Human Rights should be taken.

2.       The members of UN Security Council should commit themselves not to use veto in dealing with genocide, crimes against humanity and war crimes, and other human rights abuses.

3.       Reforms are necessary in the UN Human Rights machinery to improve the legitimacy, efficiency and effectiveness of Human Rights.

4.       The world countries should commit towards the principles of Human Rights.

5.       Efforts should be made to involve largest possible number of people in the cause of Human Rights with a view to build environment of respect and dignity for all.

 

CONCLUSION:

Since the adoption of the Universal declaration of Human Rights some 60 human rights 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, right to work because of absence of adequate opportunities of employment. Majority of the people in the underdeveloped countries do not have access to food, water, shelter, work, health are and so on.

 

REFERENCES:

1.        Amnesty International, In the Firing Line: War and Children’s Rights, London: Amnesty International, 1999, P.No. 14.

2.        James, S. Anaya, Indigenous Peoples in International Law, New York: OUP, 1996, P.No. 45.

3.        www.un.org/millenium/sg/report/full.htm.

4.        M. Ayoub (Edited), Conflict and Intervention in the Third World, New Delhi; Vikas Publications, 1990, PP. 78-79.

5.        Columbis ad Wolfe, Introduction to International Relations, New Delhi: Princeton Hall, 200, PP. 45-48.

6.        David. P, Forsythe, Human Rights in International Relations, Cambridge: Cambridge University Press, 2000, PP. 90-92.

7.        Don Herbert, Rob and McRae, Human Security and the New Diplomacy: Protecting People, Promoting Peace, Montreal and Kingston: McGill Queens University Press, 2001, PP. 56-59.

8.        Malini Mehra, Human Rights and economic Globalization; Direction for the WTO, Toronto: McClelland and Stewart Inc, 1986, P. 67.

9.        Peter Wallenstein, Understanding Conflict Resolution, London: Sage Publications, 2002, PP. 56-60.

10.     Annie Taylor and Caroline Thomas (Edited), Global Trade and Global; Social Issues, London: Routeledge, 1999, PP. 56-60.

11.     Www. Businessethics.org.

12.     Janusz Symodines, Human Rights: New Dimensions and Challenges, Paris: 1998, PP. 265- 180.

13.     Steven. R. Ratner, Corporations and human Rights; A Theory of Legal Responsibility, Yale Law Journal, Vol. 111, December 2001, PP. 443-545.

14.     David McLellan, The Theory and Practice of International Relations, New Delhi: Princeton Hall of India, 1977, PP. 34-17.

15.     Rodman Kenneth, Think Globally, Punish Locally: Non- State Actors, Multinational Corporations and Human Rights Sanctions, Ethics and International Relations, Vol. 12, 1998, PP.19-42.

16.     Deborah Spar, The Spotlight and the Bottom Line: How Multinationals Export Human Rights, Foreign affairs, Vol. 77,   2, March- April 1998, PP. 7-11.