Human rights issues and bodies

Meaning of human rights

MANILA, Philippines - Human rights refer to the “basic rights and freedoms to which all humans are entitled.” Human Rights Include “civil and political rights, such as the right to life and liberty, freedom of expression and a equality before the law as well as social, cultural and economic rights, the rights to work, food and education.”

History of human rights

The history of human rights covers thousands of years and draws upon religious, cultural and legal developments throughout recorded history. The English Magna Carta of 1215 during the reign of King John is particularly significant in international law and constitutional law today. It declared for the first time, the rights and liberties of the subject. It also identified the illegal oppressive acts of governments. In the 18th century two major revolutions took place; in the United States (1776) and in France (1789). These uprisings led to the adoption of the US Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen. With freedom given to the subjects, human rights were respected and recognized.

There were also developments on human rights contributed by many groups and movements to effect social change in the name of human rights. Labor unions have contributed to these developments so were movements which drove away colonial powers. Such as inspired by India’s Mahatma Gandhi. Movements on civil rights as well as racial and religious minorities.

World War II with millions of lives lost and abuses of human rights spurred worldwide action towards the development of modern human rights instruments. The League of Nations established in 1919 included a mandate to promote many human rights but World War II ignored those rights. By 1945 the allied powers agreed to create a new body and supplant the league’s role and signed the Charter of the United Nations which came into force on October 24, 1945. Its Preamble cites “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and nations large and small.”

Individual responsibility

The Nuremberg Tribunal before which body Nazi war criminals were tried for crimes against peace, against humanity and war crimes, set in its judgment the precedent for establishing the concept of crimes for which there could be individual responsibility. The Tribunal held: that “crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of International Law be enforced.”

Basic UN human rights instruments

The following maybe considered as basic UN human rights instruments, to wit: UN Charter articles pertaining to Human Rights; Universal Declaration of Human Rights International Covenant on Economic, Social, and Cultural Rights; International Covenant on Civil and Political Rights; Optional Protocol to the International Covenant on Civil and Political Rights.

There are also UN instruments on selected human rights areas to wit: Convention on the Prevention and Punishment of Genocide; International Convention on the Elimination of All Forms of Racial Discrimination; Convention Relating to the Status of Refugees; Convention on the Elimination of all Forms of Discrimination Against Women.

The Geneva Convention of 1949

The 1949 Geneva Convention falling under the rubric International Humanitarian Laws cover four major topics all signed on August 12, 1949 but with different dates of ratifications they all have entered into force. No. 1 is the Convention for the Amelioration of the condition of the wounded and sick in Armed Forces; No. 2 is the amelioration of the condition of the wounded, sick, and shipwrecked members of the Armed Forces at sea; No. 3 is the Convention relative to the treatment of prisoners of war; No. 4 is the Convention relative to the protection of civilian persons in time of war.

Regional human rights organizations

A. The American Convention on Human Rights

The American Convention on Human Rights otherwise known as the “pact of San Jose, Costa Rica” was adopted by the Organization of American States OAS on November 22, 1969 and entered into force on July 18, 1978. The US signed on June 1, 1977 but the instrument remains pending in the US Senate. Its Preamble recites that in accordance with the Universal Declaration of Human Rights the ideal of freemen enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his economic, social, and cultural rights, as well as civil and political rights. The Convention provides for competent organs such as the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.

B. European Convention on Human Rights

The Convention was signed on November 4, 1950 and entered into force on September 3, 1953. Accordingly, it was declared that the Governments of European countries have a common heritage of political traditions, ideals, freedom, and the rule of law, and to take the first steps for the collective enforcement of certain of the Rights stated in the Universal Declaration. The Convention provides for a European Commission of Human Rights and a European Court of Human Rights. The Commission shall consist of a number of members equal to that of the contracting parties to the Convention. It may receive petitions from any persons, non-governmental organization or group of individuals claiming to be a victim of a violation by one of the State parties of the Rights set forth in the Convention. But the Commission may only deal with a matter after all domestic remedies have been exhausted. On the other hand, the Court of Human Rights shall consist of a number of judges equal to that of the members of the Council of Europe. The Court may only deal with the case after the Commission has acknowledged the failure of efforts for a friendly settlement. In the event of dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the court. The judgment of the Court shall be final.

C. African Charter on Human and Peoples’ Rights

The Charter was adopted by the Heads of State of the Organization of African Unity on June 27, 1981 at Nairobi, Kenya. Its Preamble refers to the Charter of Organization of African Unity which stipulates that freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African People. The Charter provides for the establishment of the African Commission on Human and Peoples’ Rights. It shall consist of 11 members who shall serve in their personal capacity, elected for a six-year period and shall be eligible for reelection. The mandate of the Commission is to promote Human and Peoples’ Right; cooperate with other African and international institutions concerned with Human Rights; interpret all the provisions of the Charter. It may also resort to any appropriate method of investigation concerning violations of Human Rights. But it can only deal with a matter submitted to it after making sure that all local remedies have been exhausted unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.

D. The League of Arab States

Regional organization created on March 22, 1945 by the seven Arab states enjoying independence at the time (Egypt, Iraq, Lebanon, Saudi Arabia, Syria, Jordan, Yemen). Today with 22 members, it represents more than 200 million people living in an area of 14 million km. The last country to join the League was Comoros in September 1993.

Other human rights bodies

The UN Human Rights Council created at the 2005 World Summit to replace the UN Commission on Human Rights. It has a mandate to investigate violations of Human Rights. It is a subsidiary body of the General Assembly and reports directly to it. It ranks below the Security Council which is the final authority for the interpretation of the UN Charter. 47 of the 191 member States have seats in the council.

 International Committee of the Red Cross which has the mandate and controlling authority over international humanitarian law.

The 1987 Philippine Constitution incorporated in its Article XIII Section 17, a Commission on Human Rights which is empowered to investigate on its own or on the complaint by any party all forms of Human Rights violations.

Human rights issues

Current issues on human rights abound despite laws, treaties, conventions to promote and protect human rights. We are witnesses now to the proliferation of new and recurring wars and abuses and people dying in atrocious conditions, victims of genocide and ethnic cleansing. From 1945 to the present, there have been hundreds of conflicts in which millions of people were killed. The carnage, killing fields, mass graves in Rwanda, Cambodia, Somalia, Kosovo, former Yugoslavia and now Sudan are grim reminders but nevertheless will serve to strengthen and perpetuate our observance and fidelity to human rights. According to the late Pope John Paul II “indeed the memory of past wars seems incapable of communicating a more reasonable attitude to mankind today.

Specific incidents relating to alleged human rights violations are:

1. The Prisoners being detained at Guantanamo Prison. Relatively unknown to the outside world is Guantanamo Prison in Cuba. It is within the Guantanamo bay naval based located at the Southeastern end of Cuba. It covers an area of about 45 squares miles (116 kms). It has been in existence for more than a century regarded as the oldest US naval base, in a country with which the US does not have a diplomatic relations and the only base operating in a communist led country.

Recently, three detainees in Guantanamo committed suicide. They were from Yemen and Saudi Arabia. They were found hanging in their cells, using clothes and sheets to hang themselves. Before they committed suicide they were in a hunger strike. It is not known what was the reason for their detention and they were never formally charged, a clear violation of Human Rights.

2. The case of Slobodan Milosevic, former President of the Federal Republic of Yugoslavia. He was the key figure in the Yugoslavia wars. He was charged before the UN backed international criminal tribunal for crimes against humanity, violations of human rights in Kosovo, Bosnia, and Crotia, and grave breaches of the Geneva Conventions. However, he died during incarceration.

3. Charles Taylor, former President of Liberia. He was charged of war crimes and grave abuses of human rights. He was granted Asylum in Nigeria in order to end the 14 years of war in Liberia that killed a quarter of a million people. The new President of Liberia requested his extradition to face trial in Liberia and the President of Nigeria is under pressure to grant the request.

4. Radovan Karadzic of former Yugoslavia. He faces 11 charges at the Hague tribunal for the crime of Genocide and conspiracy to commit Genocide. He was charged for masterminding the 1995 slaughter of 8,000 Muslim men and boys in Srebrenica, regarded as Europe’s worst massacre since World War II.

5. Aung San Suu Kyi of Myanmar. She was elected in 1990 Prime Minister in Myanmar but was prevented by the ruling military to assume office. She has been in detention since 1990, clearly a violation of her human rights.

6. Omar Hasan Ahmad al-Bashir, President of Sudan. Accused of the crime of Genocide, war crimes and crime against humanity. The Prosecutor of the International Criminal Court after clearing it with the Court of the Hague obtained a warrant for his arrest but failed to serve it.

7. The extra-judicial killings of media people and political adversaries as well as the disappearance of many in the Philippines.

8. The gruesome massacre at Maguindanao.

Conclusion

Apart from the UN bodies on human rights as well as regional organizations, there are a number of non-governmental organizations devoted to the promotion and protection of human rights. Amnesty International is one such body. Human Rights Watch based in the US is another. The Law Association for Asia and the Pacific a regional organization of lawyers, professors, judges established its own human rights committee in 1979 and since then has been monitoring human rights activities and violations in the region. Lawasia has to date some 24 countries involved in its activities. Its functioning committee meet as often as necessary to report on happenings in the region. It is in effect a watchdog that alerts and cautions those who might be tempted to breach human rights of citizens. (Delivered at the MCLE lecture series on International law).