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The Moral Power of Affirmation by M



Subject: The Moral Power of Affirmation by Mary Robinson


Source: United Nations Association -UK

The Mortal Power of Affirmation: Reflections on 50 years of the 
Universal Declaration of Human Rights

(Full text of a talk given by Mary Robinson, UN High Commissioner 
for Human Rights at a meeting on 30 November 1998, in the 
International Maritime Organization building London, organized 
jointly by UNA-UK and the London UN Information Centre to 
commemorate the 50th Anniversary of the Declaration.)

Anniversaries have a peculiar and powerful attraction for human 
beings. Some mark personal milestones, of independence, achievement, 
or significant alliances. As with individuals, so it is with 
anniversaries of nations and institutions. A century provides 
a satisfactory historical perspective, while a thousand years 
fills us with awe at human grandeur and puniness. A fiftieth 
anniversary, at the human and the institutional level, provides 
a punctuation mark for drawing up a balance sheet of success 
and failure in the past, and setting an agenda for the future. 
In giving - and making - account of fifty years experience of the
Universal Declaration of Human Rights, we affirm the centrality 
of human rights to personal and social development, and address 
the expectations and anxieties of the planet's inhabitants on 
the edge of a new Millennium in the Christian era.

The Universal Declaration of Human Rights was drawn up just 
three years after the end of the second world war which had 
claimed fifty million lives, including six million Jews murdered 
in the Holocaust with millions of others whose lives were taken 
because of their political beliefs, their sexual orientation, 
or other supposed imperfections. Let us bear in mind that this 
year also marks the 50th anniversary of the first genocide
convention.

In the intervening fifty years the world has witnessed many 
destructive events. The magnitude of these events, the numbers 
of deaths, the manner of them, take us to the limits of the human 
imagination. To deal with them requires the witness of survivors 
to bring those events to a human scale. One such was the Italian 
Auschwitz survivor, Primo Levi. Shortly after his liberation 
from Auschwitz Primo Levi encountered a child who looked about
three years of age. He was, Levi said: "A nobody, a child of 
death, a child of Auschwitz." The nameless child died soon 
afterwards. He died, Levi said, "free, but not redeemed. Nothing 
remains of him; he bears witness through these words of mine." 
Levi referred to "the mortal power of affirmation of the smallest 
and most harmless among us," a three year old who died at 
Auschwitz without even a name. If the Universal Declaration is 
to be made a reality, then the international community needs to 
respond to the mortal affirmation of the smallest and the weakest 
voices. We must bring home to states their responsibility under 
the Declaration; and reaffirm our joint commitment, in the words 
of the declaration, to "the inherent dignity" and "the equal 
and inalienable rights of all members of the human family", 
recognizing that these rights are "the foundation of freedom, 
justice and peace in the world." In doing so we recuperate the 
memories of those whose rights have been denied in the past.

Speaking on the 40th Anniversary of the Universal Declaration of 
Human Rights, Judge G W Weeramantry described the spread of human 
rights consciousness as one of the cultural phenomena of all 
history. He commented that: "Never in historical experience has 
there been a universal acceptance of minimum norms in relation 
to human rights comparable to the Universal Declaration." In the 
ensuing decade, there have been major advances both in the 
conceptual understanding of rights, and in the practical 
requirements to deliver them. In examining them, it is essential 
to emphasize that the Declaration set down minimum requirements 
with the intention that they have universal effect.

Acceptance of these norms implies compliance with them. The 
history of the last fifty years underscores the necessity for these 
norms, but also the fact that in many respects they remain to be 
implemented. Indeed, the work that has been done in setting 
standards against which to judge the compliance of states must 
be regarded as one of the major successes of the last decade. 
The coming decade must see us moving towards ways of more
effectively applying those standards. Given the need to ensure 
progress towards a universal application of human rights, this 
will be a daunting task, and not one to be undertaken by a single 
organisation. It will require the wholehearted commitment of 
individuals, groups and nations.

The growth of a culture of human rights has continued apace in 
the last decade, so that we can refer now to the existence of a 
human rights community. Significant organs of civil society, such 
as trade unions and the churches, increasingly couch their 
recommendations in the language of human rights. Relief and 
development agencies have long since recognized the importance 
of incorporating human rights into their plans. The work of
these bodies, secular and religious, attests to the belief 
in an ethic of human behaviour that can be translated into 
effective practical action. Countless organisations, of varying 
sizes and resources, operate in their own countries and 
internationally, to advance the rights of vulnerable groups: 
children, ethnic minorities, prisoners, the handicapped; and to
highlight the issues that continue to bedevil us: torture, 
extrajudicial executions, modern forms of slavery, and social 
and economic discrimination and exclusion.

Thoughtful business leaders are responding to the intensification 
of economic interdependence by becoming powerful actors in the 
human rights community. Last month in Dublin, Peter Sutherland, 
speaking on the theme Towards a Global Ethic, said:

     "Ensuring that low income countries don't miss out on 
      the benefits of globalization is a crucial test for 
      international economic governance and for developed 
      countries. Poverty remains the world's most urgent
      moral challenge. Yet particularly following the end 
      of the Cold War, there has been a disturbing tendency 
      to look on the widening gap between rich and poor 
      with indifference.

      This is short-sighted. Eliminating poverty is not only 
      the right thing to do; it is essential to fulfilling the
      world's growth potential. Even if a moral imperative 
      to address human suffering did not exist, it would be 
      in the self interest of developed countries to confront
      global poverty aggressively."

This identification of a business interest in human rights offers 
enormous potential.

While recognizing the vibrancy and richness of the contributions 
of these groups we must also acknowledge that the spread of a 
rights-based culture remains skewed. For many States, both in 
the developed and developing world, human rights responses are 
inadequate or nonexistent. The challenge for the future must be 
to embed the human rights culture in the operations of Governments, 
and to make human rights activities central to all decision making.

For this to happen we must reinforce the universality and 
interdependence of all human rights. There is no ownership in 
any one region: they are not Western or Eastern, Northern or 
Southern human rights. A few weeks ago I was glad to have the 
opportunity to bring together and listen to experts in Islamic 
Law discussing among themselves the theme "Enriching the 
Universality of human rights: Islamic perspectives on the 
Universal Declaration of Human Rights". Of particular relevance 
to our modern world was the emphasis they placed on the 
"duties owed to community" referred to in Article 29.

We should also recognize the specific advances that have been made 
in the field of human rights in recent times, and the extent to 
which necessary social and political change can be driven by 
rights concerns. The momentous changes in the Republic of South 
Africa indicate the importance of applying the philosophy 
underlying the Universal Declaration, and its explicit statement 
that respect for and implementation of rights constitutes 
"the foundation of freedom, justice and peace in the world." In
particular, the recently completed work of the Truth and 
Reconciliation Commission shows that revisiting the pain of the 
past can help us to imagine a route to a more secure and inclusive 
future. More recently still the Belfast Agreement, by placing human 
rights concerns at the heart of the peace process, indicates the 
capacity of such an approach to effect a means of addressing 
conflict. In both cases, the setting up of powerful independent 
Human Rights Commissions ensures redress. But their very
presence means that those who take decisions have to take 
into account questions of equality and rights.

The ending of the Cold War has opened up new opportunities for 
identifying and addressing human rights stripped of ideological 
rhetoric. We have the opportunity to face problems and issues 
more honestly, and the experience of the past gives us the 
analytical tools required for a New World Order where civil, 
political and economic rights are recognized. In this regard,
the decision of the Government of the People's Republic of China 
also to sign the International Covenant on Civil and Political 
Rights constitutes a significant advance and we will encourage 
and support them to fulfil their obligations in ratifying both 
Covenants. Meanwhile, and in the same spirit, I would encourage 
the United Kingdom to adopt the Optional Protocol on Civil and 
Political Rights and thereby reinforce the important work of the
Human Rights Committee.

We can also take courage from the increasing centrality accorded 
to human rights in foreign policy considerations and relations 
between states. Accelerating and nurturing this development is 
crucial, particularly in relation to increasing globalisation 
and its potential impact on economic, social and cultural rights. 
Such potential has generally been seen as a threat. We must ensure 
that it is seen as an opportunity to be grasped consistent with 
the 1986 Declaration on the Right to Development. This declaration 
recognized that development needed to be conceptualized as a
comprehensive economic, social, cultural and political process. 
Such development aims at the constant improvement of the well-being 
of the entire population and of all individuals on the basis of 
their active, free and meaningful participation in development, 
and in an equitable distribution of its benefits.

This places an obligation upon states to have confidence in civil 
society. They need to empower it to participate in and influence 
decision-making, especially in relation to the impact of public 
decisions on rights and equality. We need to "bring rights home" 
to those affected by decisions impacting on their social inclusion.
Initiating a "conversation" on rights between the powerful and the
powerless, on the basis of equality, and using the Declaration as 
a basis, is a prerequisite for such an undertaking. Two 
considerations are relevant here. The first is the pressing need 
to tackle the question of debt. The UN has recognized that the 
foreign debt burden remains one of the most critical factors 
adversely affecting living standards for a number of developing 
countries and their people. Thus far, measures for dealing with 
the debt problem have not achieved an effective, durable and 
development oriented solution, particularly towards the poorest
and most indebted countries.

In April of this year a resolution of the UN Commission of Human 
Rights emphasized the need for action in relation to the social 
impact of measures arising from foreign debt. The devastation in 
Central America caused by Hurricane Mitch was a reminder of the 
urgency of a dialogue between creditor and debtor countries within 
the UN system, based upon the principle of shared interests and 
responsibilities.

Secondly, the problem places an obligation upon both States 
and Non- State Actors in relation to their international activities. 
States must ensure that the activities of corporations in their 
jurisdictions are consistent with international obligations, but 
they could also reflect their capacity to encourage and reward 
best practices. They could foster the growing recognition on the 
part of some sectors of the business community of the need to 
assess the impact of their activities on the counties where they
operate, and that a rights-based approach makes economic sense.

In the past fifty years, we have made considerable progress in 
elaborating and codifying the minimal standards required for 
effective implementation of human rights, but the legal 
instruments are by their nature cumbersome, and consuming of 
time and resources. Governments can show their transparency and 
commitment by ensuring domestic applicability of international 
commitments. In this regard, and particularly in this place,
I warmly welcome the fact that the Human Rights Act, incorporating 
the European Convention on Human Rights, received the Royal 
assent on November 9th. I hope I may be forgiven for 
personalizing my feelings by referring to the work of Lord 
Irvine, the Lord Chancellor, and Lord Lestor in facilitating this
far-reaching and farseeing endeavour.

Yet, as someone who has experience both as a legal practitioner 
and a human rights activist, I must warn against the danger of 
human rights becoming a lawyers' paradise. We need to ensure that 
those who need protection have access to the courts; but it is 
equally important that they do not lose ownership of those matters 
which concern them in their daily lives. Hence the importance of 
partnerships between government and governed, and of ensuring 
that, in mediating on behalf of the less powerful, we do not lose
sight of the purpose of the exercise.

Participation of itself is an important human right, and decisions 
must take account of the views of those whose rights might be 
affected by them. There is nothing so energizing for those 
threatened than taking ownership of and responsibility for 
there own lives, and nothing more liberating for workers in the 
field than enabling them to do so. Placing a value on oneself, 
one's family, one's social group is an essential step in
challenging oppression. We must act as a resource in the 
process, rather than accepting mechanical, take it or leave 
it solutions.

Ultimately the work of the United Nations and the human rights 
community as a whole will be judged by those who are in a 
precarious position at the margins. Our work will be judged 
by outcomes, and by measurable change in people's lives. Dignity 
and respect constitute the ethic. Freedom from fear of death, 
violence and wrongful imprisonment; and access to health,
shelter, food, education and employment: these represent 
its delivery. In moving to ensure a more just world the UN must 
continue to engage with a variety of actors who can contribute to 
fairer outcomes: States themselves, transnational bodies, regional 
and international organisations. The nature of this engagement 
requires a greater focus on outcomes, and how they are to be 
achieved. In calling for change from others, we can hardly exempt
ourselves from reform and renewal. We will learn from changes that 
have promoted better human rights safeguards. We will learn from 
those who have suffered from human rights abuses, and we will 
incorporate those lessons into our own practice. The constituencies 
of the excluded look to us for support and protection. We dare not 
fail them, least of all by failure to attend to our own inadequacies.

The Universal Declaration affirmed that the rights enumerated in it 
should be placed at the centre of all human activity. It recognized 
that all had a part to play - "every individual and every organ of 
society" - in promoting respect for these rights, as well as securing 
their universal and effective observance. Thus the mass media have 
a role to play, as have educators, and within education itself human 
rights must be part of our shared cultural heritage and our vision 
of what it means to be human.

The experience gained in the past half century maps out a difficult 
route for us, but one that is better signposted. Our endeavours in 
the future require a greater focus on what is required to achieve 
better implementation. We know that we can effect change. 
Increasingly we know what is required to get it. The ghosts of 
our shared history demand Levi's mortal power of affirmation to 
redeem the present and secure the future.
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