The Manila Times

Human rights in weak states

- Declaratio­n of the Rights of Man and of the Citizen Universal Declaratio­n of Human Rights,

ing protected by law, which is an expression of the general will.

From the horrors of World born in 1945, and three years later, in 1948, its members enacted the

which played an important role in the establishe­d the principle that evolution of the modern disall human beings are born free course on human rights. The US and equal in dignity and rights. An analysis of the logic of from England in 1776 upheld the human rights discourse not only the right to revolution, points to a celebratio­n of inbut also reinforced the principle dividual freedom to enjoy the of individual rights. The US benefits and munificenc­e of a Constituti­on of 1787 and its developed, free and functional attendant first 10 amendments society where fundamenta­l that formed the Bill of Rights in and basic needs, such as food, 1791 strengthen­ed the discourse shelter and safety are already on human rights by limiting amply satisfied by an efficient the power of the federal govstate, which in political science ernment and emphasizin­g the we refer to as a “strong” state. rights of citizens. However, the historical narra

The French Revolution led to tive told by countries that rose the from the ashes of colonial rule where structural inequaliti­es were so pervasive, and where violence is no longer physical but also

(1789), fortifying individual rights by locating it in the context of be- structural, has to be seen in a different context. People were dying not only from persecutio­n, or from the guillotine, but also from hunger and disease that were bred by a highly dysfunctio­nal post-colonial political economy, characteri­zed by unjust distributi­on of political and economic power left behind by colonial rule, and by “weak” states. A weak state is one that is unable to enforce its own laws, and whose institutio­ns are corrupted by political elites. Eventually, these structured inequaliti­es led to political violence, when it fed into people’s resentment­s that produced armed struggle against dysfunctio­nal and abusive political elites. The latter had to protect their power base, and retaliated through the use of state violence.

What complicate­s the situation in post- colonial societies is the pervasiven­ess of social institutio­ns that value community, instead of the individual. This collectivi­st culture celebrated a discourse of rights that is less individual­istic and instrument­al, and more communal and is privileged in the modern discourse of human rights is the freedom of individual­s from interferen­ce and abuse by the state, in post- colonial societies the aspiration is for the state to protect and enable the rights of the collective. Thus, social communitie­s look up to the state to provide for basic needs of their class. Unfortunat­ely, the state is weak and corrupted by political elites.

expression, it should be contextual­ized historical­ly and culturally to take into considerat­ion not only the nature of structural violence that prevails in societies that are struggling to shake off the ghosts of their colonial past. the inherent logic upon which people struggle for basic rights in the face of weak and dysfunctio­nal states. The West may be preoccupie­d with the freedom to choose, and be heard, free and autonomous from state interferen­ce and violence, because their robust and strong states are already able to make their lives safe and comfortabl­e. However, there are countries like the Philippine­s meaning in a government that is yet to live up to its social contract with the people and provide them their basic needs for food, shelter, safety and security.

Thus, while the dominant expression in individual­s seeking protection from state interferen­ce and violence, in some societies the more authentic meaning of human rights is expressed by communitie­s asking the state to be strong in order for it to protect their rights being threatened by poverty and violence.

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