Think Again: Human Rights

A article that clears up some of the misconceptions about human rights. The article is from the magazine Foreign Policy which is a magazine that every news buff should read daily. There are several pages to this article I am only posting some of it. Please go to the original source if you would like to read the full article.

Original source
http://www.foreignpolicy.com/articles/2004/03/01/think_again_human_rights

"All Persons and Peoples Aspire to the Same Human Rights"

No. The 1948 Universal Declaration of Human Rights may be formally accepted around the world, but its generalized framework allows for almost limitless interpretations. Even the supposed global consensus on, say, the prohibition of torture as a "human wrong" is deceptive: In the aftermath of the terror attacks of September 11, 2001, the prominent U.S. legal scholar Alan Dershowitz argued in favor of legalized torture as a counterterror measure.

If anything, the postcolonial period since the writing of the declaration has witnessed an erosion of the belief in the universality of human aspirations. In part, this erosion stems from a widespread conviction that human rights are a Western invention being shoved down non-Western throats. Though such attitudes are partly a propaganda ploy by leaders who seek to shield their abusive behavior from criticism, they also reflect the views of many non-Westerners who believe that the highly individualistic declaration does not adequately balance rights with responsibilities -- witness the emergence of "Asian Values" or "Islamic Values."

The assertion of value-based and cultural variations also represents a regional backlash against the unwanted aspects of globalization, including the fear of U.S. dominance and related concerns about consumerism and the loss of tradition. One important way to establish regional identity has been to emphasize the distinctiveness of human rights, whether Asian or African, Islamic or Christian. Another example of this trend has been the greater prominence of representatives of indigenous peoples' rights. Their sense of difference is so strong that, operating under U.N. auspices, a worldwide network of indigenous representatives is developing its own framework for human rights, known as the Declaration on the Rights of Indigenous Peoples.

Even unity on human rights within the West is overrated. There is an important mainstream confusion in thought about international human rights that arises from their dual origins within the Western experience of the late 18th century. From the French Revolution, with its affirmation of the "Rights of Man" (liberty, equality, and fraternity), arises a sense of universality, that all persons by virtue of being human have certain common entitlements that transcend the specifics of context. In contrast, from the American Revolution comes the Bill of Rights, appended to the U.S. Constitution, applicable only to the United States, and subject to interpretation by domestic courts, which themselves are depositories of national values and evolving policy priorities. The ongoing friction between the United States and Europe on such issues as capital punishment and the relevance of international law can be partly explained by important differences in outlook that evolved from this dual revolutionary heritage.

"Human Rights Abuses Worsened Worldwide After September 11, 2001"

Yes, but not for most Iraqis and Afghans. Especially in the United States, the enactment of antiterror laws has raised genuine concerns about restrictions on human rights. Governments in nations such as Israel, Russia, Pakistan, and Egypt have seized upon the terrorist issue as a pretext for intensifying the repression of national opposition movements and individuals. And the U.S. preoccupation with security concerns and alliance relations has also taken precedence over human rights, especially in U.S. dealings with critical frontline states such as Pakistan as well as several highly authoritarian Central Asian countries.

But those losses must be set against some important gains. The pressure to respond to the al Qaeda challenge, and to pursue U.S. geopolitical goals, led to wars that produced regime changes in Afghanistan and Iraq, which had two of the worst governments in the world from the human rights perspective. True, millions of people in both countries must confront the prospect of civil strife in the years ahead, accompanied by some risk that cruel forms of authoritarianism will reemerge. Yet, for the moment at least, they are much better off than they were -- even if respecting the prohibitions of international law on the use of force remains more important than military intervention to promote human rights around the world.

"Human Rights Abuses in One Country Can Justify Military Intervention by Others"

Yes. This issue arose in the 1990s in relation to genocide in the former Yugoslavia and Rwanda and failed states elsewhere in Africa. The international community faced a nasty dilemma: Either abandon populations to humanitarian catastrophe, or override the fundamental principle of territorial sovereignty to rescue them. The U.N. record was mixed at best. U.N. Secretary-General Kofi Annan, who bears some responsibility for the widely criticized U.N. non-response to the unfolding Rwandan genocide of 1994, later made amends by urging the United Nations to balance its respect for sovereignty against its duty to protect vulnerable populations.

The duty of the international community to act now seems clear, not least because of greater global awareness of human rights emergencies. But such action is hampered by a weakness of political will on the part of Security Council members. This weakness arises from two sources: a reluctance by some members, including the United States, to endow the United Nations with sufficient capabilities to be effective, and the unwillingness of others, most notably China and Russia, to erode sovereign rights. There is great suspicion among developing nations, especially in Asia, that claims of humanitarian intervention are concealed ways for former colonial powers and the West generally to override their countries' political independence. Although history lends credence to these concerns, if the facts demonstrate an impending humanitarian catastrophe and enough political will exists to provide real protection or help, then the world community should act even if it means the erosion of sovereignty.

The policy issue is more difficult. In the case of Kosovo, for example, the U.N. Security Council could not reach consensus, despite the evidence that another instance of Balkan ethnic cleansing was likely imminent. The 1999 NATO intervention in Kosovo rescued the Albanian Kosovar population from catastrophe, but at the expense of international law governing the use of force. Unlike the Iraq intervention of 2003, however, a regional consensus supported the action taken in Kosovo and the facts validated the moral claim of urgency. As such, while the intervention may have been illegal, it was politically and morally legitimate. This gap is not desirable, but it is better than ignoring principles altogether or adopting a rigid posture of unconditional nonintervention.