Human rights in weak states
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.