International Human Rights: Principles and African Perspectives

Introduction to Human Rights and International Law

Human freedoms are innate to every person, regardless of their status — whether defined by tribe, nationality, area of residence, race, language, or gender. Human rights are equal for all and are granted without any form of discrimination. All human rights are interconnected, interdependent, and inseparable. There are international law sources that guarantee and express these rights, such as customary law, general principles, treaties, and international law itself. International human rights law points out the duties of governments, which require them to act in a certain manner or to refrain from certain acts, for the purpose of protecting every person's fundamental freedoms and human rights (United Nations Human Rights, n.d.).

The United Nations Declaration contains a number of articles that give force to the Act on Human Rights. The first article states that every person is born equal and free in rights and dignity. Each person has conscience and reason, and should behave in a manner that promotes brotherhood toward others. The second article points out that we are all entitled to every freedom and right stated in the Declaration, free from discrimination on the basis of language, color, race, religion, opinion of any kind, birth, nationality, property, or social origin, among others. In addition, there shall be no discrimination based on the international, jurisdictional, or political status of whatever territory a person belongs to or comes from — whether independent, non-self-governing, trust, or under any other limitation of sovereignty.

The UN Declaration protects each person's right to security, liberty, and life. It also protects against servitude and slavery in any form. Under the principle against inhuman treatment of human beings, the Declaration states that no person shall be punished or treated in a manner that is degrading, cruel, or inhuman. We are all entitled to recognition as a person before the law, wherever we are. The law further sees us all as equal: we are all entitled, without distinction, to equal protection by the law. Each person deserves to be equally protected from prejudice that contradicts the Declaration, and shielded from incitement to such discrimination.

Principles of International Human Rights

Human freedoms cannot be alienated, and they apply on a universal level. The doctrine of universality acts as the foundation of international human rights law. This doctrine was first emphasized in the 1948 Universal Declaration of Human Rights. It has since been reaffirmed in numerous international declarations, conventions, and resolutions on human rights. For instance, the World Conference on Human Rights held in Vienna in 1993 concluded that every State has the duty to protect and promote every fundamental freedom and human right, free from economic, political, and cultural distinction.

Each State has ratified one or more of the major human rights treaties, reflecting the States' consent, providing a legal basis for their obligations, and offering a solid expression of the concept of universality. Some core human rights norms are protected universally by international customary law, which operates across all civilizations and boundaries. Human rights cannot be alienated; they may not be taken away except under certain circumstances and according to established legal procedures. Liberty, for instance, may be removed if a court lawfully declares a person guilty of an offense.

All human freedoms are inseparable — whether civil and political, social, cultural, or economic. Such rights include the right to equality before the courts, the right to life, rights to education, work, and social security. Others are collective rights, including the right to self-determination and development. These rights are inseparable, interdependent, and interrelated: when one right advances, the others advance with it, and when one deteriorates, the others follow.

Governments must establish mechanisms to account for the implementation of freedoms. Rights must not only be acknowledged in policy rhetoric or domestic law; productive steps must be taken so that governments can be held accountable in cases of breach (National Economic & Social Rights Initiative, n.d.).

The principle of non-discrimination runs through all international human rights law. It appears in all major human rights treaties and is a theme shared by numerous international conventions, such as the Conventions on the Elimination of All Forms of Racial Discrimination and on the Elimination of Discrimination Against Women. The principle applies to every person with regard to every human freedom and right, and prohibits discrimination based on classifications such as race, gender, and color, among others. The doctrine of equality complements this principle, as reflected in the Declaration's first article, which states that every person is born equal and free in rights and dignity.

Human rights comprise both duties and freedoms. International law places on states the obligations to respect, protect, and fulfill human rights. The duty to respect requires each State to refrain from curtailing or interfering with people's rights. The duty to protect requires States to shield groups and individuals from abuse of their freedoms. The duty to fulfill requires States to take positive measures to enhance people's enjoyment of their basic rights. At the individual level, each of us also has a responsibility to respect the same rights we are entitled to.

Comparative Concept of Human Rights

It is widely recognized that no single set of human rights norms has been regarded as valid in every place and at every time. For this reason, the concept of human freedoms continues to evolve. The dynamic nature of this concept makes it necessary to account for that evolution when evaluating any human rights norms, whether currently accepted or potentially accepted in the future. Within this context, the notion of generations of human rights serves as a significant analytical tool, helping to trace the direction and manner in which human rights norms have developed.

This same idea, however, can make the concept appear counterproductive when it diminishes or obscures the growth and evolution of the first and second generations of rights. The changing nature of human rights norms has transformed those two generations and given rise to a third. This development is sometimes overlooked when evaluating the first and second generations. For instance, the assessment of civil and political rights in the first generation is sometimes conducted by reference only to the State's duty to abstain from invading people's rights. In the modern world, however, protecting people's enjoyment of civil and political rights typically involves significant State intervention and public expenditure — including training law enforcement officials and establishing safeguards to prevent political violations of human rights by state actors (Claude and Weston, 1992).

The analysis that follows centers on Africa, given the resistance of some African nations to human rights movements. Due to political instability, human freedoms and rights are difficult — and in some cases nearly impossible — to enforce in many African countries. Many governments and leaders in Africa attribute poor implementation of human rights to the high cost of enforcement. There are also those who suspect that human rights movements serve as a vehicle through which Western countries seek to control African ideologies. African countries may have expressed interest in improving the living standards and freedoms of their people, but many have shown reluctance to enforce international standards.

African governments often base their resistance on the argument that the concept and movement of human rights has little relevance to their circumstances. This position rests on the view that Africa's history and culture require unique measures and solutions. It is also grounded in the idea that Africa's most important right is the right to development, that the civil and political rights implemented in the West are difficult to apply in Africa due to widespread poverty, and that African communities' communalist orientation renders individual-based rights inapplicable. In contrast, developed Western countries have largely embraced human rights movements and use them as a check against violations by leaders and the State (Shivji, 1989).

Conclusion

African culture may not have possessed a general legal term equivalent to the Western concept of individual rights. The African countries have nonetheless agreed that traditions, cultural values, and the manner in which people are raised should form the foundation of law for it to function effectively. They have therefore developed their own mechanisms for enforcing human rights — mechanisms that seek to comply with both their cultural beliefs and norms and with international law. This dual character has made direct constitutional comparisons between African countries and developed nations difficult, given that developed nations' constitutions are largely grounded in universal ideological frameworks. Bridging these two approaches remains an ongoing challenge and an important area for continued international dialogue on the future of human rights law.

References

Claude, R. P., & Weston, B. H. (1992). Human rights in the world community: Issues and action. Philadelphia: University of Pennsylvania Press.

National Economic & Social Rights Initiative. (n.d.). What are the basic principles of the human rights framework? Retrieved July 14, 2016, from https://www.nesri.org/programs/what-are-the-basic-principles-of-the-human-rights-framework

Shivji, I. G. (1989). The concept of human rights in Africa. London: Codesria Book Series.

Turmen, R. (2007). Human rights and poverty.

United Nations Human Rights. (n.d.). Retrieved July 14, 2016, from http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx

The Universal Declaration of Human Rights — United Nations. (n.d.). Retrieved July 14, 2016, from