KAMALIKA PIERIS

 In my view firstly, the UN Declaration of Human Rights resembles Aesop’s story of the father taking the donkey to market. Secondly, the statements lacked amplification. The Rights were left up in the air. Thirdly, the Declaration made sweeping statements on matters which sometimes humans cannot control, such as the right to life.

But the biggest weakness in the Declaration was the creation of rights without obligations. The Declaration asserted rights but not obligations. Analysts observed that it is not possible to speak of   human rights without also speaking of obligations. There are duties and responsibilities attached to the rights. Where there is a right there is a corresponding duty facing it. There are also duties independent of rights, such as protection of the environment.

There should be a balance between rights and duties. This is missing in the UN HR Declaration said critics. Although Section 29 (1) says, ‘everyone has duties to the community’, these duties are not specified. What are they?  UDHR and the International Covenants do not say what they are either.

It was very short sighted of the UN to highlight individual freedoms and rights without equally emphasizing human duties and responsibilities in the Universal Declaration of Human Rights (UDHR) and in the two International Covenants on Civil and Political Rights (ICCPR) and the Economic, Social and Cultural Rights (ICESCR), said critics. UN must promote duties, not rights.

Gandhi had been contacted by HG Wells, when the UN was drafting its Declaration. Wells was involved in the consultation process for the Declaration. Gandhi had told HG Wells Begin with a Charter of Duties of Man and I promise the rights will follow as spring follows winter.”

The Inter Action Council of Former Heads of State and Government   (IAC) decided to do something about this. IAC is composed of former world leaders, coming together to prepare recommendations on peace, security, world economy and ethical standards. The maximization of personal freedom at the expense of others, without consideration of others, is as bad as having no rights at all, the IAC   said. The exclusive insistence on rights will result in endless disputes and conflicts. There must also be a set of universal values and standards running parallel.

In 1997, the IAC put forward a Universal Declaration of Human Responsibilities’, as a companion Declaration to the   Universal Declaration of Human Rights. The IAC Declaration was also intended to bring to the attention of the UN and the world the importance of promoting universal human responsibilities along with universal human rights.

IAC took much trouble in preparing its Declaration. There were consultative meetings in 1996 and 1997, in Vienna, Austria and Netherlands during the drafting of the Declaration. Invitees included prominent academics, religious organizations or leaders, and civil society organizations. Among those organizations were the World Council of Churches, the Stanford Humanities Centre, the World Conference on Religion & Peace, the Asahi Shimbun Institute of Sino-Christian Studies, European Academy of Sciences, and the Chinese People’s Political Consultative Conference. Prominent international human rights organizations and other human rights NGOs were invited but   did not participate. From Sri Lanka, Sarvodaya Movement was invited and A. T. Ariyaratne participated. 

The Inter Action Council   which prepared the Declaration consisted of the following: Helmut Schmidt, former Chancellor of the Federal Republic of Germany, was the Chair of the IAC at that time. The other members included Malcolm Fraser, former Prime Minister of Australia; Jimmy Carter, former President of the United States; Mikhail Gorbachev, former Chairman of the Supreme Soviet and former President of the Union of Soviet Socialist Republics; Kenneth Kaunda, former President of Zambia; Lee Kuan Yew, former Prime Minister of Singapore; Shimon Peres, former Prime Minister of Israel; Pierre Elliott Trudeau, former Prime Minister of Canada; Valéry Giscard d’Estaing, former President of France; and Lord Callaghan of Cardiff, former Prime Minister of the United Kingdom. These were the most prominent leaders in the 26-member Council.

The others in the Council included 16 former Presidents or Prime Ministers of countries like the Netherlands, Thailand, Costa Rica, Mexico, Switzerland, Spain, Lebanon, Colombia, Portugal, Brazil, Republic of Korea, Finland, Sweden, Cyprus and Austria. There were other 27 distinguished supporters. Some of them were former Ministers in different countries or prominent heads of different international organizations. Among them were Henry Kissinger, former U.S. Secretary of State; Robert McNamara, former President, World Bank; and Richard von Weizacker, former President of the Federal Republic of Germany. Being the Director-General of UNESCO, Federico Mayor also gave his support, and Ali Alatas, Minister for Foreign Affairs of Indonesia, also joined in to support the Declaration.

There were three academic advisors to the project and drafting of the Declaration: Hans Kueng from the Tubingen University; Thomas Axworthy from the CRB Foundation; and Kim, Kyong-Dong from the Seoul National University.

Of the two declarations, I think that the UN Declaration of Rights sans obligations is better, because it deals with ‘rights’ as concretes in one grand sweep. The IAC Declaration does not present its ‘responsibilities’ in a similar manner. The Declaration sounds like a sermon from a pulpit. (see Appendix)

The IAC Declaration has failed to link with the UN Declaration and build on it. Therefore we now have two rival declarations, the UN one and the IAC one.  What we need is a single set of social norms which, if   properly enunciated, will also protect individual rights. (Continued)

APPENDIX

A UNIVERSAL DECLARATION OF HUMAN RESPONSIBILITIES

Article 1

Every person, regardless of gender, ethnic origin, social status, political opinion, language, age, nationality, or religion, has a responsibility to treat all people in a humane way.

Article 2

No person should lend support to any form of inhumane behavior, but all people have a responsibility to strive for the dignity and self-esteem of all others.

Article 3

No person, no group or organization, no state, no army or police stands above good and evil; all are subject to ethical standards. Everyone has a responsibility to promote good and to avoid evil in all things.

Article 5

Every person has a responsibility to respect life. No one has the right to injure, to torture or to kill another human person. This does not exclude the right of justified self-defense of individuals or communities.

Article 6

Disputes between states, groups or individuals should be resolved without violence. No government should tolerate or participate in acts of genocide or terrorism, nor should it abuse women, children, or any other civilians as instruments of war. Every citizen and public official has a responsibility to act in a peaceful, non-violent way.

Article 7

Every person is infinitely precious and must be protected unconditionally. The animals and the natural environment also demand protection. All people have a responsibility to protect the air, water and soil of the earth for the sake of present inhabitants and future generations.

Article 4

All people, endowed with reason and conscience, must accept a responsibility to each and all, to families and communities, to races, nations, and religions in a spirit of solidarity: What you do not wish to be done to yourself, do not do to others.

Article 8

Every person has a responsibility to behave with integrity, honesty and fairness. No person or group should rob or arbitrarily deprive any other person or group of their property.

Article 9

All people, given the necessary tools, have a responsibility to make serious efforts to overcome poverty, malnutrition, ignorance, and inequality. They should promote sustainable development all over the world in order to assure dignity, freedom, security and justice for all people.

Article 10

All people have a responsibility to develop their talents through diligent endeavor; they should have equal access to education and to meaningful work. Everyone should lend support to the needy, the disadvantaged, the disabled and to the victims of discrimination.

Article 11

All property and wealth must be used responsibly in accordance with justice and for the advancement of the human race. Economic and political power must not be handled as an instrument of domination, but in the service of economic justice and of the social order.

Article 12

Every person has a responsibility to speak and act truthfully. No one, however high or mighty, should speak lies. The right to privacy and to personal and professional confidentiality is to be respected. No one is obliged to tell all the truth to everyone all the time.

Article 13

No politicians, public servants, business leaders, scientists, writers or artists are exempt from general ethical standards, nor are physicians, lawyers and other professionals who have special duties to clients. Professional and other codes of ethics should reflect the priority of general standards such as those of truthfulness and fairness.

Article 14

The freedom of the media to inform the public and to criticize institutions of society and governmental actions, which is essential for a just society, must be used with responsibility and discretion. Freedom of the media carries a special responsibility for accurate and truthful reporting. Sensational reporting that degrades the human person or dignity must at all times be avoided.

Article 15

While religious freedom must be guaranteed, the representatives of religions have a special responsibility to avoid expressions of prejudice and acts of discrimination toward those of different beliefs. They should not incite or legitimize hatred, fanaticism and religious wars, but should foster tolerance and mutual respect between all people.

Article 16

All men and all women have a responsibility to show respect to one another and understanding in their partnership. No one should subject another person to sexual exploitation or dependence. Rather, sexual partners should accept the responsibility of caring for each other well-being.

Article 17

In all its cultural and religious varieties, marriage requires love, loyalty and forgiveness and should aim at guaranteeing security and mutual support.

Article 18

Sensible family planning is the responsibility of every couple. The relationship between parents and children should reflect mutual love, respect, appreciation and concern. No parents or other adults should exploit, abuse or maltreat children.

Article 19

Nothing in this Declaration may be interpreted as implying for any state, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the responsibilities, rights and freedom set forth in this Declaration and in the Universal Declaration of Human Rights of 1948.[1] (https://www.interactioncouncil.org/publications/universal-declaration-human-responsibilities   

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[1] https://www.interactioncouncil.org/publications/universal-declaration-human-responsibilities