أحمد محمد لبن Ahmad.M.Lbn مؤسس ومدير المنتدى
عدد المساهمات : 52644 العمر : 72
| موضوع: The UDHR in Practice الأربعاء 16 يناير 2019, 6:29 am | |
| The UDHR in Practice It is interesting to take a glance at the Universal Declaration of Human Rights signed over fifty years ago and see how many nations who are seemingly proponents of human rights today are actually fulfilling the rights that they devised, agreed to and exhort the rest of the world to adhere to—especially, it seems, the Muslim world.
Here is a sampling of some of the rights of that original convention (for the sake of brevity the later conventions that were also agreed to shall be ignored here ):
Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
In the history of mankind, two sets of people are well known for compiling manuals and research on the art of torture: the members of the Inquisition and the CIA. In recent times, perhaps everyone is familiar with the current debate in the United States about the use of torture on “terror” suspects.
Although it is a very general reference source, it is interesting to note what the 2004 Microsoft Encarta has to say about torture: Until the 13th century torture was apparently not sanctioned by the canon law of the Christian church; about that time, however, the Roman treason law began to be adapted to heresy as crimen laesae majestatis Divinae (“crime of injury to Divine majesty”). Soon after the Inquisition was instituted, Pope Innocent IV, influenced by the revival of Roman law, issued a decree (in 1252) that called on civil magistrates to have persons accused of heresy tortured to elicit confessions against themselves and others; this was probably the earliest instance of ecclesiastical sanction of this mode of examination… In the 20th century the use of torture was revived on a major scale by the National Socialist, Fascist, and Communist regimes of Europe, usually as a weapon of political coercion. In addition, the Communist governments made use of the so-called brainwashing technique, a form of psychological torture in which mental disorientation is induced by methods such as forcing a prisoner to stay awake indefinitely. Brainwashing was practiced extensively on prisoners held by the Communists during the Korean War. Complaints about the use of physical and psychological torture have also been lodged against many other regimes in Latin America, Africa, and Asia.
The nerve of those fascists and communists! The nerve of those uncivilized countries in Latin America, Africa and Asia! This is not the proper place to enter into a critique of the use of torture by the “family of civilized nations” who first and foremost uphold “human rights.” The interested reader may consult, just to name a few books, Alfred McCoy’s A Question of Torture or Jennifer Harbury’s Truth, Torture and the American Way as well as two books more specific about the recent debate Abu Ghraib: The Politics of Torture and The Torture Papers: The Road to Abu Ghraib. The amazing aspect to mention is that during this debate in the media, there has been very little or no mention that freedom from torture is, according to what the United States’ government signed, a fundamental human right.
It should be noted that for decades now Muslim activists have faced torture in prisons throughout the world with, for the most part, the West turning a blind eye to such activities. Indeed, some Western writers—even one who claims to be Sufi—defend such practices. For example, in Stephen Schwartz’s The Two Faces of Islam: The House of Sa’ud from Tradition to Terror, he states that Nasser’s regime’s “brutal repression of the Muslim brotherhood…was both necessary and justified.” Of course, he never notes that it was this brutality and torture in Nasser’s prisons that truly led to the emergence of extremism in the Muslim world.
Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 9 No one shall be subjected to arbitrary arrest, detention or exile.
Article 10 Everyone is entitled in full equality to a fair, and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
These “fundamental human rights” are very interesting in the light of the manner in which both the United States and the European Union have responded in their “war on terror.” Numerous countries in Europe have been implicated in the United States’ “extraordinary rendition,” which would be difficult to defend from a human rights’ perspective.
This point and the earlier comments seem to make it very clear that these fundamental human rights, which these very same nations speak so highly of, are by no means absolute. The “family of civilized nations” is more than ready to deny these human rights for the sake of “national security,” in other words, for the purpose of state. This is very telling. It clearly demonstrates that even from these countries’ points of view, the interest of the state is the most compelling factor. One simply has to understand and realize that his human rights can be suspended if necessary in the interest of the well-being of the state.
Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Obviously, freedom of religion and opinion is something that the West stands for—or does it really? In March 2006, David Irving, a British historian, was sentenced to three years in prison in Austria for denying the existence of gas chambers at Auschwitz during the Nazi holocaust. The Austrian law states that it is illegal to deny or “grossly play down” the Nazi genocide. This is a crime that has landed someone in prison. Yet where is the outcry from the “pro-human rights” governments of the West. Why are the Western leaders not asking in relevant forums, “When is Austria going to join the ‘family of civilized nations’”? The EU, perhaps the most vocal supporters of human rights, does not seem to have a problem with a law of this nature from one of its own.
Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.
Aren’t these the kinds of things that people demonstrate for outside of the World Trade Organization’s meetings? If the powerful nations (along with their friends in the powerful corporations) were fully in favor of these agreed upon human rights, wouldn’t they be embracing the demonstrators with open arms? Is that what occurs or are they met with the largest battalions of riot police the world has ever seen? Could it possibly be the case that, according to the “family of civilized nations,” if “noble” profits are involved, then one may ignore human rights?
Today, there is a movement in the United States demanding the institution of a “living wage” as opposed to a “minimum wage.” The movement, so far, has not met with much success or acceptance.
Incidentally, beginning in 1923, Congress introduced the Equal Rights Amendment, to give equal rights to women, including the right to equal pay for equal work. Although the deadline to ratify that amendment was extended all the way until 1982, it was not ratified by enough states and has never become part of the US constitution.
Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
These are truly amazing articles. It can be argued that anyone who believes in or promotes free market, liberal capitalism is, in essence, stating and showing that they do not believe in this human right. Free market capitalism, due to the violation of its essential assumptions, is not geared to producing “the best of all possible worlds” and only produces what the skewed market demands. A mixture of capitalism and socialism, at best, can provide something but probably not all that is needed. But it is this very mixture of capitalism and socialism that has been the target of attack in recent years. The policies of the World Bank, the IMF and the WTO, which are nothing but tools in the hands of the “family of civilized nations” have been nothing short of an assault on any such “socialist” practices on the part of governments, especially those of lesser developed countries. The “liberalization” policies are in complete contrast to the “fundamental human rights” of the individuals of those countries.
Perhaps there is no need to go into the wide divide between human rights theory and the actual record of human rights violations, even by those countries who speak the loudest when it comes to human rights. As Freeman noted, “However, human-rights declarations are cheap, whereas human-rights implementation is rather expensive.” Furthermore, the works of Noam Chomsky, William Blum (Killing Hope and Rogue State), John Pilger (Hidden Agendas) and the like are all available for people to read. Even Ann Elizabeth Mayer has recognized this problematic issue when speaking about human rights to Muslims.
She wrote, As an American, I realize that my expressions of concern regarding the human rightsviolations that can result from applying Islamic criminal law in current circumstances areinevitably associated with hypocritical U.S. government stances regarding human rightsand the gross double standards applied by the United States in judging human rightsissues involving Muslims and Muslim countries. It is admittedly awkward to be talkingabout the deficiencies of the criminal justice systems of other countries at a time whenunder U.S. auspices so many Muslims have been casually and/or arbitrarily accused ofinvolvement in terrorism, incarcerated in horrendous conditions in which they mustendure severe indignities, and denied the basic elements of due process -- even beingsubjected to appalling abuses like the ones exposed at Abu Ghraib and reported bydetainees held at Guantanamo. |
|