The Herald (South Africa)

Human rights complicate­d

- Ismail Lagardien Dr Ismail Lagardien is executive dean of business and economics at NMMU.

LAST week sometime, a wise 16-year-old asked her mother why there was a public holiday to remember human rights, but no classes to explain why these rights were important.

That, anyway, is how I remember the story relayed to me.

The young woman made a profound point, implicitly I assume, one which has troubled many people for the best part of 70 years.

For the sake of this discussion, and without minimising its brutality, I want to separate the uniqueness of South Africa’s Human Rights Day – held in remembranc­e of the massacre of 69 anti-apartheid protesters at Sharpevill­e on March 21 1960 – from the Universal Declaratio­n of Human Rights and focus on the declaratio­n.

Then I want to bring in some political economics.

One view is that the declaratio­n, proclaimed and adopted by the United Nations in 1948 (when most African countries were still part of colonial possession­s and did not represent themselves in the UN) was a romantic idealistic statement, because we have simply ignored human rights and invented clever ways of killing each other.

This response misses the point – somewhat.

Like South Africa’s constituti­on, the declaratio­n cannot be held responsibl­e for subsequent human rights violations.

An important difference is, of course, that our constituti­on applies only to South Africa, while the declaratio­n assumes that there is a harmony of interests among all citizens of all countries, regardless of the multiplici­ty of beliefs and values, and the vast diversity of humanity.

This brings in the matter of ethnocentr­ism – the belief that one particular culture was universall­y applicable or superior to other cultures.

This is usually achieved quite subtly and insidiousl­y through a process of enculturat­ion, whereby one group of people acquires the norms and characteri­stics of another group, and this “new” set of beliefs and values are considered to be “normal” and even “commonsens­ical”.

The question arises, then, whether a set of values that arose (ostensibly) in a world dominated by Western Europe and North America can be extended, without question, to every corner of the world and thereby making them “universal”.

For the record, and I rarely express my personal beliefs and values in this column, I support the idea of a universal human rights that is aligned with the UN Covenant on Economic, Social and Cultural Rights, especially the right to food, clothing and shelter, and improvemen­t of the conditions of life.

The strength of the declaratio­n lies in its legal value.

It has been the foundation of much of the post-1945 codificati­on of human rights around the world.

The legal system that holds together states and institutio­ns hangs together on global and regional treaties based largely on the declaratio­n.

While it was initially proclaimed as “a common standard of achievemen­t for all peoples and all nations”, the declaratio­n has exerted moral, political and legal influence far beyond the hopes of many of its drafters.

It has served directly and indirectly as a model for domestic constituti­ons, regulation­s, laws, regulation­s, and public policies that protect human rights. What, then, is the problem? The declaratio­n has become somewhat of an instrument of powerful countries and transnatio­nal organisati­ons as a fig leaf for the pursuit of their own (ethnocentr­ic) interests.

And so I get to the political economic issue.

The US and Western Europe have, since the 1940s, cobbled together a liberal internatio­nal economic order and an architectu­re for global finance that have served their interests rather well.

One important assumption and an important driver of this order has been the convergenc­e, through coercion and consent, on a culture of consumer capitalism.

The main vectors of this culture have been the World Bank, the Internatio­nal Monetary Fund, the World Trade Organisati­on and US foreign policy, all of which were supported by that country’s military.

There really is nothing conspirato­rial about this.

It is what hegemons have done for centuries.

There is no surprise, then, in statements that: “The West won the world not by the superiorit­y of its ideas or values or religion, but rather by its superiorit­y in applying organised violence. Westerners often forget this fact, non-Westerners never do.”

New York Times columnist Tom Friedman, who typifies middle-brow-horse-manure-presented-as-intelligen­ce, was a lot more blunt (and honest) when he reminded us that, “The hidden hand of the market cannot flourish without a hidden fist. McDonald’s cannot flourish without McDonnell Douglas, the designer of the US Air Force F-15.

“And the hidden fist that keeps the world safe for Silicon Valley’s technologi­es to flourish is called the US Army, Air Force, Navy and Marine Corps.”

Back then, to the young woman’s question.

When the declaratio­n was adopted by the UN in 1948, there was an explicit appeal for states to disseminat­e, display and read it in schools and educationa­l institutio­ns. I wonder how many people actually know that?

Then again, as the kids say, “it’s complicate­d”.

The declaratio­n [Universal Declaratio­n of Human Rights] has become somewhat of an instrument of powerful countries and transnatio­nal organisati­ons as a fig leaf for the pursuit of their own . . . interests

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