Human Rights Day – 10th December
On December 10th, 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights at its meeting in the Palais de Chaillot in Paris, and called upon all member states to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”
To be honest, I can’t remember it being covered in school. I first came across it when I attended a meeting organized by the local branch of the United Nations Association in my home town of Malvern, addressed by a former British Ambassador to the UN, when I was in the sixth form, (i.e. about 18 years old). I was given a small leaflet which contained the text of the 30 articles – it was probably the first legal document I ever saw.
Actually, it’s not a legal document in the same way that a treaty would be – it’s what the title says it is: a declaration. There are some lawyers, however, that do consider it to be legally binding on all states, as a fundamental document of international law. Like most legal documents it is not exactly easy reading – and it is tempting to think of it as being full of generalized statements close to platitudes open to interpretation and comprising a general “wish list”.
The declaration itself arose directly out of the experiences of the Second World War, but the ideas behind it, grounded in the principles of “natural law” and the rationalism of the Age of Enlightenment, and can be traced even further back. Eleanor Roosevelt, for example, was to refer to it as an “International Magna Carta for all men, everywhere”.
Still, as a teenager, I find it an inspiring document.
I am not sure that she had read Magna Carta, which is quite an interesting document but defined the rights of barons rather than those of the common man. In fact there it was renounced by King John almost as soon as the Baron’s had left, annulled by the pope, (who was hardly John’s friend and ally), rejected by many of the Barons and was in force for only a short time – maybe for as little as three months in 1215. What’s more, there were several versions over the years with slightly different provisions, many of, (or even most of), which were repealed or amended in later legislation. All this doesn’t detract from its historical status, however as “the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot.”
The declaration was influenced by the Napoleonic Code with a preamble with seven points which outlined the general principles behind the thirty articles which followed.
It might be called the Universal Declaration of Human Rights, but it wasn’t adopted unanimously. Although nobody voted against it, only 48 of the 56 members at the time voted in favour – the other eight abstained. There had been considerable reservations from the Soviet Union countries – they were separate members at that time, and even Canada abstained when the first draft was considered.
Apart from the original reservations from the Soviet block, it has also attracted criticism from other quarters during its existence. In particular, some Islamic countries, for example, have criticized it as a “secular understanding of the Judeo Christian tradition” which fails to take into account their cultural and religious traditions. In 2000 they adopted an alternative document, The Cairo Declaration of Human Rights in Islam, which doesn’t have the same provisions for religious freedom and gender equality.
Other groups have chosen to criticize particular provisions in the declaration such as that concerning “compulsory” education, and property rights, highlighting what they see as apparent contradictions.
There have been suggestions of possible amendments to the declaration but, so far, it has remained intact. Instead there two covenants have been adopted which contain more detailed provisions, (one on “Economic, Social and Cultural Rights” and the other on “Civil and Political Rights” together with two protocols). Also, a number of other declarations have been adopted by different bodies: The Declaration of Human Duties and Responsibilities (written under the auspices of UNESCO) and the Universal Declaration on the Rights of Peoples of the Unrepresented Nations and Peoples Organization (UNPO).
The declaration may have been signed on 10th December, 1948, but the designation of that day as “Human Rights Day” was not formally adopted until two years later, when the General Assembly passed a resolution “inviting all member states and any other interested organizations to celebrate the day as they saw fit.”
In Kyrgyzstan:
It is sometimes said that, even if the Declaration is not a legally binding instrument, it has been accepted and most of its provisions have incorporated into most national constitutions since 1948 – and that is true for Kyrgyzstan.
Having said that, there has been considerable comment over the years about the government’s encroachment on, and commitment to, human rights in areas such as: the right of free assembly; the freedom of the press; religious freedoms; the alleged use of “torture” and the alleged “persecution” of both, those working in the field of protecting human rights and political opponents.
However, there are many international organizations represented in the republic and a large number of non-government organizations, (NGOs), that carry out activities dedicated to issues involving human rights.
Also, in 2002, the country has also the post of Ombudsman whose role is to ensure:
- The protection of human and civil rights and freedoms, as declared in the Constitution, the laws of the Kyrgyz Republic, international treaties and agreements recognized by the Kyrgyz Republic;
- Observation and respect of human and civil rights;
- Prevention of the infringement of human and civil rights and freedoms or to assist in their restoration;
- Improvement and further development of the international cooperation in the field of protection of human and civil rights and freedoms;
- Access to legal information for the population and the protection of confidential information about private persons
The day is normally marked by conferences or seminars, press statements and other activities organized either by government departments and/or Non-government organizations.
Bishkek