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Dignity and justice for all

Dec 10, 2007 – Sixty years after the Universal Declaration of Human Rights, how far has Africa – and South Africa – come in converting human wrongs into human rights?

This issue and others central to the protection and promotion of human rights around the theme “Dignity and justice for all” were discussed by a panel and guests invited to a dialogue at the South African Human Rights Commission in Johannesburg today.

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The dialogue was convened jointly by the Nelson Mandela Foundation, the South African Human Rights Commission and the United Nations Office of the High Commissioner for Human Rights.

The Nelson Mandela Foundation will publish a booklet reflecting the conversations and interaction at the dialogue early in 2008, which will also be available on its website.

In his opening remarks, South African Human Rights Commission Chairperson Mr Jody Kollapen said, “If documents and standards were the test for how well we have progressed on human rights, we’ve made remarkable progress.” However, he stressed that it was the reality of citizens’ lives, not the standards of documents and policies, that must attest to our implementation of human rights.

“Truth be told,” said Commissioner Kollapen, “we haven’t done as well as the founding fathers of the movement would have liked … We live in a world where 250 000 children die every month from diseases that could have been avoided,” he pointed out. “... Government by discussion is lacking in many democracies in the world; it may be lacking in this country, too.”

Celebrating 60 years of the Universal Declaration of Human Rights gives us a chance “to reflect on the legacy of the declaration for humanity”, but particularly its legacy for Africa, said keynote speaker Mr Bahame Tom Nyanduga, who is a commissioner of the African Commission on Human and People’s Rights and the African Union’s Special Rapporteur for Refugees, Asylum Seekers, Internally Displaced Persons and Migration in Africa.

Key step in quantifying human rights

The 1948 Universal Declaration of Human Rights, he said, was “the first attempt to quantify human rights in a modern era” at a time when “colonial powers had no regard for such rights”. It was important, he said, to recognise that subsequent instruments such as the African Union and the African Commission on Human and People’s Rights had played an important role in the “articulation of human rights standards”.

This was evident in the African Charter on Human Rights, which was based on the 1948 declaration and the United Nations Charter, he said. However Commissioner Nyanduga was quick to point out that continental instruments needed to be improved upon. He emphasised the need to consolidate the African Union and increase the commitment of African states to its mechanisms and principles.

He added that the Universal Declaration on Human Rights continued to inspire many people in Africa and beyond. Despite this, work still needed to be done on the continent to “stop being caught in the proverbial cycle of conflict, poverty and the marginalisation of human rights”.

“Human rights can remain a theory, but as long as they don’t lead to eradication of poverty, they won’t mean anything,” said Nelson Mandela Foundation CEO Mr Achmat Dangor, in his introduction of the panellists who responded after Commissioner Nyanduga’s speech.

Key global and local challenges

The first panellist, Ms Raenette Taljaard, Director of the Helen Suzman Foundation, highlighted key challenges both globally and locally to achieving a lived reality of the vision of dignity and justice for all through the cause of human rights.

“As we reflect on this year’s theme for the 60th celebrations of the Universal Declaration of Human Rights, ‘Dignity and justice for all of us’, it is a particularly poignant moment to celebrate it under the auspices of the Nelson Mandela Foundation – a foundation that celebrates the very values of dignity and justice for all,” said Taljaard.

She said that this theme had a “special resonance both globally and locally – globally as the inequalities that persist in an era of globalisation hinder the cause of dignity and justice for all and the increase in various levels of religious intolerance and the ‘war on terror’ creates tensions between security and civil liberties. And locally in our beloved country and region, persistent levels of inequality endanger the objectives of real liberation from poverty and the special challenges posed by HIV/AIDS create a new generation of silent divisions that hampers dignity and justice for us all.”

Although she placed emphasis on the areas in need of improvement and attention, Ms Taljaard also advised people to reflect on the achievements.

Eternal vigilance required

Among the challenges she listed was that it was crucial that “we do not rest in parts of the world where we believe the Universal Declaration’s vision has been adopted and institutionalised, as new forms of threats to dignity of human beings can always be present.” She said that eternal vigilance was required to protect the dignity and justice of all.

Ms Jacqueline Nzoyihera of the Office of the United Nations High Commissioner for Human Rights read a statement from the High Commissioner, Ms Louise Arbour, on the occasion of Human Rights Day, December 10, 2007.

“As we jointly not only celebrate Human Rights Day but also launch the year-long campaign leading to the 60th anniversary of the Universal Declaration of Human Rights, we have cause to celebrate the accomplishments made since 1948 on the road to ensuring fundamental freedoms for each one of us.”

She continued, “In all parts of the world, individuals, groups, organisations and government have striven to transform into reality the promises contained in the Universal Declaration. Many have died in the pursuit of these ideals.

Unprecedented efforts must be made

“In today’s growing divisions between the rich and the poor, the powerful and the vulnerable, the technologically advanced and the illiterate, the aggressors and the victims, the relevance of the Declaration and the universality of the enshrined rights need to be loudly reaffirmed. … In the course of this year, unprecedented efforts must be made to ensure that every person in the world can rely on just laws for his or her protection.”

Commissioner Kollapen concluded the panel response by emphasising how necessary it was to unpack “what human rights mean … I’m not quite sure we’ve accepted their universality”. This was especially in the light of current debates around human rights, in which some argued that human rights were about “constraining the power of the state and allowing systems to flourish”, and others argued that human rights were not only about blocking the power of the state, but also creating obligations for states to fulfil human rights.

He also noted the fundamental irony in the fact that many human rights had become “commodified”, where our “ability to enjoy rights depends on the resources we have”. 

After the panellists had spoken, the floor was opened for questions and comments, which ranged from the role of the individual in building a culture of human rights, to reflecting on how governments in Africa are responding to the plight of refugees.

What are individuals doing?

Mr Tamsanqa Sithole of Johannesburg-based legal firm Webber Wentzel Bowens asked, “What are we doing to make human rights a reality?” He quoted United States President John F. Kennedy as saying, “Ask not what your country can do for you – ask what you can do for your country.” “As people,” asked Mr Sithole, “What are we doing to make those human rights real?”

Mr Hassan Lorgat of the South African National NGO Coalition argued, however, that individuals don’t have much power, and that the real power in the world is in corporate hands. “This predates the Human Rights Declaration and bedevils us still.” He added that it was no use “going after small thugs and leaving [US President George] Bush because he has bigger guns than us. … We need to go after the big crooks first.”

World-renowned human rights campaigner Advocate George Bizos recalled how Chief Justice Michael Corbett had made a brave speech in defence of human rights in 1979, after Prime Minister BJ Vorster “had said human rights were getting out of hand in South Africa”. It was not long after this, recalled Advocate Bizos, that a group of prominent legal minds including Sydney Kentridge and Arthur Chaskalson had formed Lawyers for Human Rights in the country. “None of us knew the date to commemorate! We had to phone Professor John Dugard at Wits to find out that it was the 10th of December,” laughed Advocate Bizos. “We tried to protect some of the fundamental human rights as restricted and oppressive as the judicial system was. We were not very successful,” he remembered.

But, added Advocate Bizos, even today, “In Africa, the adoption of human rights is not encouraging. … In South Africa, there are people who should know better in and out of Parliament who complain we have too liberal a Constitution. … A better life for all and human rights are inseparable.”

Head of the Media Monitoring Project, an NGO, Mr William Bird commented, “The United Nations Declaration asks us to act as better people. But many of our role models, such as politicians, are perceived to be low-life scumbags.”

The media were also to blame, said Mr Bird, for often perpetuating stereotypes and acting against the ideal of freedom of speech. For example, he said,

Rapport

newspaper in South Africa had just fired a columnist “for commercial reasons” because readers had complained they didn’t like what he’d written.

Reflections on the Dignity and Justice For All Dialogue

“The African Institute of Corporate Citizenship is a network of think-tank organisations working in partnership, with the focal point of human rights and business in Africa. The discussion was interesting because usually we’re the ones to put focus on business but it was good to see other people analysing the role of business and international corporations. It was very interesting to be part of this. It’s important to use opportunities to take stock and see where we are the gaps are – the human rights vulnerabilities. We would like more proactive engagement with business.” – Mr Tagbo Agbazue, African Institute of Corporate Citizenship

“I mainly appreciated the emphasis on obligations rather than rights. This emphasis on obligations is a far more useful tool to mobilise people.” – Ms Chrystal Cambanis, Legal Aid Board

“For a change I had a different perspective on what human rights are and how to achieve the Utopian ideals of human rights. We have people saying, ‘human rights, human rights’, but not saying what it means. And I thought the speakers went into it on a different level, and I got a different perspective of what it means.” –  Ms Tselane Moleba, Civicus

“The African Commission is thinking about establishing a standard curriculum for primary and high school to establish the most basic principles of human rights. A knowledgeable person contributes so much to the welfare of society. So if people are knowledgeable about human rights, and which rights accrue to you as a person, you’ll know how to treat people.

“Understandings of human rights are not the same. Dialogue between different people helps achieve a common understanding of what human rights are. We shouldn’t have different treatments of people, it is important to agree on fundamental principles such as equality, for example. And dialogue is the process of doing that.” – Commissioner Mr Bahame Tom Nyanduga, African Commission on Human and People’s Rights, and the African Union’s Special Rapporteur for Refugees, Asylum Seekers, Internally Displaced Persons and Migration in Africa.

“The dialogue was very apt and of course timely. The presentations made sense and helped me to reflect on the core issues of human rights. The frank discussion on the Universal Declaration of Human Rights was much appreciated, no-one copped out and it was very open.” –  Ashante Archer-Ngidi,  Siyava Afrika

“We are very thankful to the SAHRC for inviting us to this dialogue and for their interest in the Southern Sudan. We are also very grateful to the South African government for their continued support and look forward to working with them on issues pertaining to human rights. Having come here makes us live in hope that the African Commission will help us and that our ‘small’ problem will no longer just be ours alone.” –  The Honourable Margaret Peter Abudi, MP, Chairperson of Southern Sudan Legislative Assembly Specialised Committee of Human Rights and Humanitarian Affairs

“It was good to see people speak openly about the challenges we face, and how almost without exception, people defended the Constitution. Human rights will be the focus for all the Nelson Mandela Foundation’s dialogue work into the future.” – Mr Achmat Dangor CEO, Nelson Mandela Foundation

“Working with the Nelson Mandela Foundation has been wonderful. The name Mandela is synonymous with human rights and converting human wrongs into human rights – he lived those rights. The roundtable was excellent; it wasn’t just a celebration, but also a critical appraisal.” –  Mr Jody Kollapen, South African Human Rights Commission

Read the Universal Declaration of Human Rights, adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948, on the United Nations’ website by clicking here.

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