KAMALIKA PIERIS

Sri Lanka Foundation held a seminar titled Seminar on Religious and Cultural traditions of Human Rights in Sri Lanka”, probably    in 1981. The Foundation had organized three live-in seminars, with participation of Buddhist, Hindu, Islam, Catholic and Christian groups. The final reports of these groups were published in Religion and Culture in the development of human rights in Sri Lanka” (Sri Lanka Foundation, Colombo 1982).

This essay is on the report made by the Buddhist panel. The Buddhist Panel started off by stating that this Seminar showed that the Sri Lanka Foundation had accepted that there was room for further development in Human Rights and that religion could help in the improvement of the UN Human Rights Declaration. There is clear evidence of a lack of religious and philosophical thinking in the charter said the Buddhist Panel.

The Buddhist panel report said that the Buddhist doctrine was directly relevant to the UN Human Rights discourse and had much to contribute to the subject. The Dhamma is primarily concerned with the problems of man. It analyses the causes that lead to the unsatisfactoriness of life, the Panel said. Human problems can be analyzed independent of belief. Buddhism does not have the problem of deciding between the convert and the non convert where this matter is concerned.

The charter that we inherit as Buddhists is far ahead of any that the world had hitherto witnessed anywhere. The Dhamma provides a set of Buddhist values that could act as a guide to man. In the Noble Eightfold path, every aspect, from correct views to tranquility of mind, is marked by an insistence on correctness, propriety, justice   and integrity. The ideas in the Dhamma were developed in another age, but they are applicable to present day, said the report.  

The Panel said that the view of the vast number of persons who make negative statement on Buddhism, without knowing anything about Buddhism, it is best to indicate at the outset the Buddhist attitude to rights, duties and obligations. There is emphasis on moral values, and social consciousness, in the Vinaya for monastic community and in the Dhamma for the lay community.

Buddhism is a philosophy of life in every sense of the word, a philosophy for the enrichment and elevation of life. Buddhism provides the necessary basic ingredients for this. In Buddhism religion and society are closely integrated concepts, despite views expressed to the contrary, by those of other faiths.

 For Buddhist a righteous society is a Dharmishta society, or society established on the Dhamma. This is practical and meaningful.  Nothing in the Dhamma runs contrary to the safe and healthy development of society. Far from stifling a healthy growth of society the presence and utilization of the Dhamma with a thorough grasp   of its content, will be beneficial to the community.

There are instances in the context of Buddhism of peaceful integration of state and religion, of the permeation of religious values into the realm of statecraft. This has helped to lubricate state processes rather than throttle its magnanimity and philanthropy.

Rafael Salas, Executive director of UNFPA addressed a special convocation of University of Colombo in 1979, and said that the people of Sri Lanka are blessed with the ethic of restraint. This demands a consciousness of the limits on the behavior of persons. This ethic of restraint is also linked to respect for the value of life.

The Buddhist Panel attending the seminar was highly critical of the UN Human Rights Declaration. The UN Human Rights Charter is a stricture on bad human behavior, man towards man and state towards its subjects, but the remedies recommended are in terms of weaknesses found in certain societies, not all societies. The   UN Charter is not universal, said the Panel.  Its universality only lies in the desire to apply it universally.  

Today, in this age of science and technology, man’s view of the universe and his place in it, has affected man’s view of the value of human life. This modern approach has helped to give human rights a different emphasis, and direction. There had been a distinct shift of emphasis from selflessness and improvement of a human being to the present vociferous demand for individual rights of a legalistic nature, enforceable both against the state and our fellow men. That is not the concept in the Dhamma, said the Panel.

Buddhist texts illustrate in vivid detail the diverse social relationship that must be established and maintained in the human community. With the recognition of a right comes the responsibility of its fulfillment. This reciprocity of relationships is viewed in Buddhism as an essential ingredient of social wellbeing. For a meaningful UDHR we must be endowed with magnanimity and philanthropy.

The UN Human Rights are only an imperfect reflection of ideas and concepts which in the Buddha Dhamma were more humane, more philosophical, and more just than anything modern life can show. These rights mean something more   in the Dhamma than what was stated in the Human Rights charter of the UN.

Buddhist thought says that all life has a desire to safeguard itself and to make itself comfortable and happy. The concepts of maitri and avihimsa, universal love and non-destruction of life derives from this position.  It is the responsibility of every member of society to contribute to this principle.

Sigalovada sutta has a brief but rich and fair manual on how to live in a community, and it is unfortunate that this has been not adequately studied so far.  In Sigalovada sutta human rights and human needs are given equal emphasis. The two are considered inalienable.

Buddhism accepts the personal security of a person, also his right to life in comfort and happiness as a sine qua non of the health and sane society. for this, Buddhist teachings  have indicated in great detail the need and means by which to acquire the material elements needed, not only in terms of basics like food and clothing, but also  items which  gave a healthy sense of relaxation and well being. A mere hand to mouth existence is never reflected as a social norm in Buddhism.

The need and the right to be protected, free from assault and free from threats of destruction rank foremost among Buddhist values. Humanity today seems to pay scant respect to this. This precept in Buddhism is greater in depth and richer in tone than article 3 of the UN Declaration. 

The Panel did not agree with the UN’s exclusive focus on humans .The consideration of Human Rights must in our opinion start with the recognition of a broader basis of rights of human, animal and of things animate and inanimate. Rights extend to all life, humans as well as animal also the whole environment, including rivers, lakes and mountains, birds, beasts, trees and plants.

The Buddhist Panel discussed in detail certain rights given in the UN Declaration. The Panel pointed out that the issue of employment is discussed in Buddhism . Kutadanta sutta in Digha nikaya discussed the importance of employment as a means of sustenance. That people should have opportunity for productive work and adequate remuneration is considered a pre- requisite for social harmony and personal well being.

 Buddha in one instance suggested to a ruler that it was best to put an end to disorder in that country to provide fruitful employment to the people. he said  help those in agriculture to do it successfully, for those in trade, to provide capital to the state, give food and wages to those in government service, then they will no longer harass the pubic as dacoits. Buddha stressed that employer and employee should not be at cross purposes.

The Buddhist Panel discussed labor rights. With Buddhism available, we should not have degenerated to the need to battle for workers rights, it said. Sigalovada says an employee must be relapsed from work on time.  They cannot work through the whole day. They must be released at the correct time before they become weary.

Along with wages, there is mention of daily food. This includes food and delicacies and provision of medical aid at work. On festival days they should get gifts of food clothing and ornament. Buddhism said that workmen stand side by side with parents, wife and children of a private employer in deserving to be made happy, for their contribution to his economic well being.

The Panel also spoke at length on the rights of women. It pointed out that Buddhism gives rights to women. Women are entitled to work, be wage earners but also woman’s role as mother, wife, and sister are highly esteemed.

The members of the Buddhist Panel were Ven. Madihe Pannasihe, Ven. Medagama Vijiranane, Ven. Tissa Gunatllake of Mallikaramaya, Ratmalana, Ven. Labuduwe Siridhamma, Ven. K Anuruddha  Justice D Wimalaratne, Justice RS Wanasundera, Dr MMJ Marasinghe, , Prof NA Jayawickrema, Prof A.V Suraweera, Dr S Kiribamune, Mr. Olcott Gunasekera and Mr. Hector Wijemanne. The  Research papers were provided by Ven. Henpitagedera Gnanawasa, Dr. Jotiya Dhirasekera, Dr LPN Perera, Dr Chandima Wijebandara and Dr Mrs T Kariyawasam. (Continued)