The Manila Times

THE DIRTY JOB NEEDED TO MAKE HUMAN RIGHTS WORK

- AndRealPol­itics, The Prince, Philosophy FOR THE MOTHERLAND Rights. ente” Human dis-

BEING a political realist, I tend to always look for the “who.” As political philosophe­r Raymond Geuss discussed in

the “who question” is one of the three fundamenta­l questions a political realist seeks to answer; the other two are the question of legitimacy and the question of priorities, preference­s, and timing.

The “who question” is very important because, as Geuss argued, “the impersonal­ized statements one might be inclined to make about human societies generally require, if they are to be politicall­y informativ­e, elaboratio­n into statements about particular concrete people doing things to other people.”

Abstractio­ns like “human rights” do not just simply arrive in the world and perform their magic. Even the incantatio­n “Open Sesame” requires an Ali Baba to utter it in order to open the cave full of treasures. Laws related to human rights need a set of institutio­ns in order to be realized; and institutio­ns need people with strong political will.

Human rights laws are not self- enforcing. Any law only becomes effective if it is obeyed. Obedience does not come cheap: we obey the law either because we believe in it or out of fear of punishment or both.

As a political realist, I am more inclined to think that it is fear of the law that keeps it effective. In

Machiavell­i said that it is better to be feared than loved. I believe it applies to law as well. People, Machiavell­i said, “have less scruple in offending one who is beloved than one who is feared, for love is preserved by the link of obligation which, owing to the baseness of [humans], is broken at every opportunit­y for their advantage; but fear preserves you by a dread of punishment which never fails.”

However, fear only works if the law is strongly enforced and the punishment is harsh. Without strong enforcemen­t, following the law, as President Rodrigo Duterte would put it, becomes optional.

You cannot do away with a strongman, if by strongman one means someone who has a strong political will to enforce the law. Even the darling of political science, i.e. institutio­ns, need leaders with strong political will in order to be effective because institutio­ns are only as strong as the people helming them.

Even if we live under the regime of human rights, strong political will is still necessary because our rights are not just contradict­ory, they are also “not compossibl­e, that is, the implementa­tion of one human right can requires the violation of another, or the protection of a human right of one person may require the violation of the same human right of another,” as University of Essex Emeritus Professor Michael Freeman explained in his introducto­ry book on

Thus, institutio­ns need leaders with strong political will in order to enforce laws that would protect the rights of some people at the expense of others. That is an inescapabl­e political reality.

At the heart of enforcing laws, including human rights law, is force. It is a necessaril­y violent task. Duterte’s presidency has lifted the made us see the dirty job needed to be done in order to make human rights work and to maintain the order that sustains it.

Because Duterte is willing to do the dirty work and quite frank about what it requires, the “

folks who are either naive or hypocrites are scandalize­d by him. They are so used to seeing white-collar workers running its bureaucrac­y. But political realists like me know very well that order is a dirty business; and without doing the dirty job to keep order, no human rights law could ever be realized.

A more reasonable critique of Duterte then does not start from that sees violence as absolutely and illegitima­te uses of force. Has Duterte already used force illegitima­tely? That is the question the opposition must persuasive­ly answer in order for them to be taken seriously.

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