WORLD COUNCIL OF CHURCHES
Statements on Human Rights
1974 - 1993
In view of and as a contribution to the proceedings of the World
Conference on Human Rights this booklet is produced. Its purpose is two fold. First, is to
highlight the significant statements made, positions taken and declarations adopted by the
World Council of Churches during the last two decades on specific human rights concerns.
Second is to explain the role of the Commission of Churches on International Affairs in terms
of its participation in the World Conference on Human Rights. It is hoped that persons in the
churches may become more acquainted through this instrument with the important and urgent
priorities to which the ecumenical family is committed to in the area of human rights.
The booklet is being put out at a time when CCIA is in the midst of planning an international
Consultation for global review of ecumenical policy and practice on human rights. The
Consultation will be held in the near future. It will be the second major consultation, since the
first such event was held at St. Polten, Austria, in 1974. The recommendations that came out
of St. Polten have been the basis of World Council of Churches work on human rights for the
last two decades.
In carrying out its programme CCIA is mandated to work with the United Nations, its various
bodies as well as with the member churches all over the world. In addition, it also cooperates
with the regional ecumenical organisations (REOs). In preparing to participate in the World
Conference, CCIA encouraged and facilitated the attendance of representatives of regional
ecumenical organisations at the Regional PrepCom meetings at San Jose, Tunis and Bangkok.
The CCIA delegation for the World Conference at Vienna comprises of one representative
each from Africa, Asia, the Caribbean, Europe, Latin America, the Middle East, North
America and the Pacific.
In view of WCC's commitment to work on human right concerns in close consultation with the
REO's, the booklet also contains regional inputs. These provide a regional perspective to the
main agenda items of the World Conference. In addition they highlight the emerging trends on
human rights in the region.
UNITED NATIONS AND HUMAN
RIGHTS
It was on 10th December 1948, in the aftermath of the genocidal horrors
perpetrated during World War II that the UN General Assembly proclaimed and adopted the
Universal Declaration on Human Rights. It was also during this period that the heinous
practice of racism was not only institutionalised but also condoned. The atrocities committed
in the name of nationalism, both in Europe as well as in Asia made the world community
realise the urgent need to protect and promote human rights. It was therefore not surprising
that the Declaration was adopted without a dissenting vote. The adoption of the Declaration
reflected the political will of the people to proclaim the dignity of the human person. The
Declaration became a starting point for a new legal order, an integral part of which was not
only civil and political rights but also socio-economic and cultural rights. It being recognised
that human rights were indivisible and could not be compartmentalized. The rational of
indivisibility lay in the principle of applying a holistic approach to the integrity and dignity of
the human person.
The first part of the Universal Declaration dealt with civil and political rights i.e. the right to
life, to liberty and to security. The second part dealt with socio-economic and cultural rights
i.e. the right to work, to organise, to education, to culture etc. To give the provisions a
binding form, the General Assembly of the United Nations adopted in 1966, the International
Covenant On Civil and Political Rights and the International Covenant On Economic, Social
and Cultural Rights. The two Covenants elaborated the provisions of the Universal
Declaration and added a new one on the right of self-determination. The Covenants together
with the Optional Protocol came into force in 1976. In subsequent years the United Nations
adopted a number of declarations, on specific human rights issues, which were followed by
binding conventions, some more than the others. Over the years, through its presence, actions
and resolutions the UN and its various bodies were able to exert considerable influence in the
protection and promotion of human rights. In fulfilling its mandate on human rights the UN
received assistance from governmental as well as non-governmental organisations. While
considerable progress was made in the enactment of legislations, new instruments and
declarations. implementation remains a problem because the UN is unable to guarantee
established rights without the cooperation of the States concerned.
WORLD CONFERENCE ON HUMAN
RIGHTS
On 18th December 1990 the General Assembly of the United Nations
through its resolution 45/155 decided to convene a World Conference on Human Rights. After
about two and a half years of preparatory work the World Conference is being held in Vienna,
Austria, 14 - 25 June 1993. The objectives of the World Conference inter alia are:
The Vienna Conference takes place twenty-five years after the last such event was held at
Teheran in 1968. Since the Teheran Conference many developments have taken place. Some
positive and some negative. On the positive side, with the passage of time, more and more
States have ratified the International Covenant on Civil and Political Rights; and there is
greater recognition by the States that the International Community is no longer willing to
allow torture, slavery, arbitrary killings, disappearances or detentions without trial of political
dissidents. On the negative side the concept of universality of human rights is under challenge
on grounds of regional, cultural differences and value systems. There are accusations mostly
from countries of the Third World that governments of the North are promoting civil and
political rights while ignoring economic and cultural rights. Also, it is alleged the UN has
failed to deal with inequities perpetuated by the countries of the North, Transnational
Corporations and International Monetary and Financial Institutions which adversely, affect the
economic, cultural as well as development rights of the people in the Third World. The
sectarian views on human rights presently being pursued by the countries of the North and
South have resulted in polarisation and confrontation. These developments are likely to
hamper the work of the UN to promote human rights agenda in the post cold war period.
The World Conference faces a formidable challenge. It has to set in motion a series of steps at
the UN level that will defuse the present state of polarisation and confrontation between the
North and the South. At the same time it has to develop new approaches that will strengthen
the commitment to the universality of human rights. A commitment reflective of the
humanitarian values of the worlds's diverse religions, histories and cultures. The Conference
will also have to address itself seriously, to international inequalities that impact on the
enjoyment of human rights and development.
The World Conference comes at a time when international relations are emerging out of the
Cold War tensions of the East-West divide when the United Nations was virtually paralysed
because of Superpower rivalries and geo-political interests. All that has now radically changed,
leaving the United Nations relatively free to promote its mandate of justice and peace. The
emergence of democratisation and human rights as key issues on the international agenda is
linked to the new-found stature of the world body. It is now for the United Nations to ensure
these issues do not get politicised.
CCIA, CHURCHES AND THE UNITED
NATIONS
To fulfil its mandate on human rights CCIA works both with the United
Nations as well as with the member churches. The WCC (through the CCIA) is in consultative
status with the Economic and Social Council of the UN (ECOSOC) and with all major
specialised agencies. Its involvement in the UN system includes:
CCIA participates in the UN system with the understanding that like all institutions, the UN
has its failings yet it provides the best available structure through which to pursue the goals of
international peace and justice. A 1965 CCIA Statement considered the UN as one of the
existing comprehensive world wide political institutions and "therefore support for the purpose
and principles of the charter and for the improvement of the structures and procedures to
further this purpose and to embody these principles will remain a major ecumenical
concern".
In the last two decades human rights have occupied a high priority on the ecumenical agenda.
The deep concerns brought here grow out of the experience and advocacy of the churches in
many parts of the world in their struggle against the effects and root causes of human right
violations. Redressing the pain and the suffering of the victims and providing pastoral care and
concern has been an important part of the ecumenical agenda on human rights. Churches have
worked painstakingly to draw the attention of the world to large scale violations that have
become part of the system of governance, particularly in countries of the Third World.
The sixth Assembly, of the WCC in 1983, noted that human rights cannot be dealt with in
isolation from the larger issues of peace, justice, militarism, disarmament and development.
While recognising the positive work done by the Churches, the Assembly was of the view that
there was general deterioration in the quality of life and the emergence of new forms of human
degradation. The prolonged economic disorder, the Assembly noted, had aggravated an
already grave situation, driving some countries to brink of bankruptcy, leaving millions
unemployed, especially in developing countries, denying additional millions the basic
necessities of life. The observations made remain very much valid today.
HUMAN RIGHTS AND CHRISTIAN
RESPONSIBILITY
As stated earlier, it was in October 1974, at St. Pölten, Austria that
CCIA
called together a group of fifty people from thirty-four countries for an international
consultation on human rights. The purpose of the consultation was "to gather the experiences
of the churches throughout the world in terms of human right issues in order to work out a
commonly accepted framework for ecumenical endeavours in this field". The St. Pölten
consultation despite the diversity of representations - Europe, America, Asia, Africa and Latin
America - reached a consensus on what is the basis for Christian involvement in human rights.
It noted, the emphasis of the Gospel on the value of all human beings in the sight of God, on
the atoning and redeeming work of Christ that has given to the human person true dignity, on
love as motive for action, and on love for one's neighbour as the practical expression of an
active faith in Christ. With this biblical undergirding of faith the participants were able to
clarify what constitutes human rights for the Christian Churches. The contents of the definition
enumerated below was elaborated after considerable debate, at the Nairobi Assembly:
1. The right to basic guarantee of life.
The fifth Assembly of the WCC was held in Nairobi in 1975, a year after the St. Pölten
Consultation. It was a period when East-West tension was at its peak; militarisation of
societies, with its resultant evils, was on the increase; more and more States had subscribed to
the doctrine of "National Security Ideology"; transnational corporations and western models
of development had led to the marginalisation of large sections of the people in Third World.
Meeting in this backdrop the Assembly was called to draw up the human rights agenda. In
laying down the basis for its work the Assembly observed that "the struggle of Christians for
human rights is a fundamental response to Jesus Christ. The gospel leads us to become ever
more active in identifying and rectifying violations of human rights in our own societies, and to
enter into new forms of ecumenical solidarity with Christians elsewhere who are similarly
engaged. It leads us into the struggle of the poor and the oppressed both within and outside
the church as they seek to achieve their full human rights and frees us to work together with
people of other faiths and ideologies who share with us common concerns for human dignity.
The Assembly while laying down a biblical basis for Churches' involvement in human rights,
affirmed the principles embodied in the Universal Declaration and other international
covenants on human rights. It called upon the Churches to move from making statements and
declarations to work for implementation of the rights.
Most WCC programmes are designed to promote and bring about structural changes in favour
of the poor and the oppressed. Member Churches are encouraged to promote efforts that are
geared to enlarge socio-economic, political and cultural rights of the people. Recognising that
women suffer most in our societies, being cast in inferior roles, exploited as cheap labour and
often degraded as sex objects, WCC over the years has paid special attention to their rights.
Similarly, it has drawn attention to the struggle of indigenous people, cultural and religious
minorities in addition to dealing with specific human right issues like torture, death penalty,
extra-judicial killings etc. Given below are some of the more significant statements made,
positions taken and declarations adopted by the WCC since 1974:
STATEMENT ON HUMAN RIGHTS
The right to basic guarantees for life
3. The right to the basic guarantees for life involves guarding the lives of future generations,
e.g., through protection of the environment and conservation of the earth's resources.
The Rights to Self-Determination and to Cultural Identity and the Rights of
Minorities
The Right to Participate in Decision-Making within the Community
2. Women, because of their particular experience of oppression and the new insights they are
receiving in the process of liberation, can often make a special contribution regarding
participatory decision-making. They are exploring styles of shared leadership in which power
and decision-making is horizontal rather than hierarchical, fluid rather than static. The Church,
like the Community needs to receive this contribution, if it is to develop unifying and freeing
structures.
3. Churches should participate in developing activities through which local communities of
poor people, industrial and rural workers, women, minority groups, and others who suffer
from any form of oppression can become aware of their condition and influence the course of
the society.
The Right to Dissent
2. In readiness to reassess and to change their own structures and attitudes wherever
necessary, the Churches and the World Council of Churches itself must give all due attention
within the communities to men, women and young people who take a critical stand towards
the predominant views and positions of their churches and of the World Council of
Churches.
The Right to Personal Dignity
2. The basic causes for these violations are to be found in the unjust social order, the abuse of
power, the lack of economic development and in unequal development. This leads to
violations of unjust laws and rebellion by the dispossessed, to which political and military
forces of "law and order"respond with cruel repression. In some cases, the Churches
themselves have actively supported the oppressors or even become involved in the oppression
itself, out of misguided convictions and / or attempts to safeguard their own privileges.
3. We also observe the increasing role both nationally and internationally, of security police
and para-police forces in the violation of human right to personal dignity.
The Right to Religious Freedom
2. Religious liberty should never be used to claim privileges. For the Church this right is
essential so that it can fulfil its responsibility which arise out of the Christian faith. Central to
these responsibilities is the obligation to serve the whole community.
3. The right to religious freedom has been enshrined in most constitutions as the basic human
right. By religious freedom we mean the freedom to have or to adopt a religion of belief of
one's choice and freedom, either individually or in community with others and in public or
private, to manifest one's religion or belief in worship, observance, practice and teaching.
Religious freedom should also include the right and duty of religious bodies to criticise the
ruling powers when necessary on the basis of their religious convictions. In this context it was
noted that many Christian in different parts of the world are in prison for reason of conscience
or for political reasons as a result of their seeking to respond to the total demands of the
gospel.
Sexism
2. At Amsterdam (WCC Assembly, 1948) it was stated that "The Church, as the Body of
Christ, consists of men and women, created as responsible persons to glorify God and to do
God's will"
3. Despite efforts of WCC, the position of women, in both the Church and the world, has not
changed significantly. As long as women are largely excluded from decision making processes,
they will be unable to realise a full partnership with men and therefore the Church will be
unable to realise its full unity.
Racism
2. When we again try to deal with racism at this assembly we cannot but begin by confessing
our conscious and unconscious complicity in racism and our failure to eradicate it even from
our own house. In previous assemblies we have many times affirmed as churches our common
rejection of racism. Yet, we still find ourselves only at the beginning. We stand in need of
God's forgiveness and grace which will free us from our complicity and our failures, towards a
new commitment, to strive for the justice that will bring an end to all racism.
3. The past years of struggle against racism has shown that we as Churches need a more
profound understanding of the nature and of all varied manifestations of racism. We need to
confront it with the fullness of the biblical message to see more deeply its demonic character
and also to comprehend its psychological, economic, and social impact on persons and
communities and its roots in societies, However, although our understanding needs to grow
we already know more than enough to participate in obedience to Christ in the fight against
the manifestations of racism in politics and in the Church.
STATEMENT ON TORTURE
On the evil practice of torture which had become common in our societies
the Central Committee said today we stand under God's judgement, for in our generation the
darkness, deceit and inhumanity of the torture chamber have become a more widespread and
atrocious reality then at any other time in history. No human practice is so abominable, nor so
widely condemned. Yet physical and mental torture and other forms of cruel and inhuman
treatment are now being applied systematically in many countries and practically no nations
can claim to be free of them. The committee called on the Churches to:
1. a) Intensify their efforts to inform their members and the people of their
nations about the provisions of the "Universal Declaration of Human Rights"and especially of
its article 5 which reads:
2. seek to ensure the compliance of their governments with the provisions of these important
international instruments, recognising that while the declarations are not legally binding, they
do represent a large international consensus and carry very substantial moral weight;
3. express their solidarity with Churches and people elsewhere in their struggle to have these
provisions strictly applied in their own countries;
4. urge their governments to contribute positively to the current effort of the United Nations
to develop a body of principles for the protection of all persons under any form of detention or
imprisonment, and to strengthen the existing procedure for the implementation of the
"Standard Minimum Rules"; and of the World Health Organisation to develop a "Code of
Medical Ethics Relevant to the Protection of Detained Persons Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment";
5. work for the elaboration by the United Nations of a "Convention on the Protection of all
Person against Torture:"
6. encourage other initiatives to establish an international strategy to fight against torture and
to create an efficient international machinery to ban torture;
7. ensure that law enforcement officials, members of the military and of special security
branches, members of the medical profession and others be informed of the above-mentioned
international standards and to press for their non-participation in torture and their
non-complicity with others directly involved;
8. work against any further international commerce in torture techniques or equipment and
against the development in the scientific community of even more sophisticated techniques of
physical or mental torture;
9. seek access to places of detention and interrogation centres in order to ensure that persons
held there are not mistreated;
10. be especially attentive to the fact that torture most often occurs after secret
detention, abduction and subsequent disappearance of victims, and see to it that special rapid
and appropriate measures be taken to locate them and to provide legal protection for such
persons by the competent authorities.
The Central Committee since its 1977 statement on torture, noted that
other violent practices
were added to the list of human atrocities committed by State authorities. Among these none
was more gross, degrading and irreversible then extra-judicial executions. The unlawful and
deliberate extinction of life outside any judicial process and in denial of the protection of the
law, carried out by the order of the government with its consent, or in complicity or collusion
with government officials is one of the most hideous crimes of our times. The phenomenon
requires the urgent attention of the Churches because of its abhorrent character. The Churches
must become witness to life in the midst of demonic forces of death. The Central Committee
urged member churches and individual christians to:
a) encourage and engage in human rights education, placing emphasis on the principle that
extrajudicial executions cannot be justified under any circumstances;
The sixth Assembly of the WCC while affirming the positive work done by
the Churches on human rights made note of the general deterioration in the quality of life and
the emergence of new forms of degradation. It made a particular reference to the situation of
refugees and migrant workers:
1. "Of growing concern to the ecumenical community is the present predicament of refugees
throughout the world. A new dimension added to the existing suffering of refugees involves
the difficulty they have had in availing themselves of effective protection. This new factor is
due to refusal by many governments to admit asylum seekers across their boundaries and the
imposition of visa requirements to curtail the flow of refugees; to arbitrary detentions and
expulsions without due process of law; and to attack on defenceless refugees by military and
para-military forces. We appeal to the WCC and member Churches to intensify their efforts at
the national and international levels to ensure compliance of all refugee receiving countries
with international conventions and to identify and to respond to situation that lead to the
creation of refugees.
2. We express great concern for migrant workers who, in ever increasing numbers, face the
prevailing problems of unemployment and deprivation of civil liberties in their own countries
or in the countries of their adoption. We urge the World Council of Churches to encourage
the Churches in those countries to take positive action on their behalf.
STATEMENT ON DEATH PENALTY
The Central Committee of the World Council of Churches concerned with
the increase in use of death penalty recommended to "promote efforts towards the abolition of
capital punishment as a significant expression of our belief in the sanctity of life" In its stance
to abolish the death penalty the Central Committee went on to:
1. Declare its unconditional opposition to the death penalty.
2. Urge governments to move as soon as possible towards the signing and ratification of the
Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at
the abolition of death penalty.
3. Call upon the member Churches, wherever possible in cooperation with people of other
faiths and non-governmental organisations:
The Assembly acknowledged the immense profit and privilege which often
accrued to the
Churches when early missionary undertaking accompanied the exploitation of indigenous
people and noted that Churches have also been a prophetic voice seeking justice for the
indigenous communities. It urged the WCC to continue to work with indigenous people to
ensure that issues identified by them, their communities and organisations will be heard and
acted upon. Working towards the goal of justice through sovereignty, self-determination and
land rights of indigenous people the Assembly called upon member churches to move beyond
words to action specifically:
a) to negotiate with indigenous people to ascertain how lands taken unjustly by Churches from
indigenous people can be returned to them;
WCC APPEAL TO THE UNITED NATIONS
ON VIOLENCE AGAINST WOMEN (MARCH 1992)
The rights of women have not received as much attention from the
churches as it should have.
Arguments of culture, tradition, heritage and religion have often been evoked to deny women
a life of dignity. Women are victims of many kinds of violence such as wife battering, sexual
assault, female infanticide, 'honor killings' 'dowry deaths' and rape. In recent times, mass rapes
of women by warring factions in countries at war have become a matter of common
occurrence e.g. former Yugosalvia, Afghanistan, Burma and others. The international
community needs to take immediate stringent steps to put an end to this reprehensible
practice. This can be done by constituting International Penal Courts or War Crimes Tribunals
to bring the offenders to justice.
The World Council of Churches has a Programme Unit on Women that specifically deals with
issues affecting the lives of women. In March 1992, the World Council of Churches made the
following appeal to the Secretary General of the United Nations, on the issue of violence
against women. The text of that appeal appears below:
Women everywhere are calling on governments, judicial systems, social service systems,
religious and other institutions to respond with concrete actions to ensure the basic rights of
women and children to security and integrity of the person. While many countries have
introduced legislation to protect victims of violence, legal remedies have proved inadequate to
the challenges provided by the intensification of violence against women in the last decade.
In various international fora women are urging the United Nations to recognise that violence
against women constitutes the violation of the basic human rights of half of the world's
population. As Christians we support these initiatives, guided by the firm conviction that all
human beings are made in the image of God and deserve protection and care.
We respectfully submit that the issue of violence against women be made a priority for the
agenda of the 1993 World Conference on Human Rights. We therefore request a full
discussion and treatment of this issue at the April 1992 Preparatory Committee in
Geneva."
2. The right to self determination and to cultural identity and the rights of minorities.
3. The right to participate in decision-making with the community.
4. The right to dissent.
5. The right to personal dignity.
6. The right to religious freedom.
WCC Nairobi Assembly, November/December, 1975
1. No rights are possible without the basic guarantees for life, including the right to work, to
adequate food, to guaranteed health care, to decent housing and to education for the full
development of the human potential. Because women have the lowest status in most world
communities their special needs should be recognised.
2. The ever-widening gap between rich and poor nations and between rich and poor within
many nations has created today a highly explosive situation in which millions are denied these
rights. This is due to a number of contributing factors, including the following:a) The present international economic structures are dominated by a few rich
countries who control a large proportion of the world's resources and markets.
b) Transnational corporations, often in league with oppressive regimes, distort and exploit the
economies of poor nations.
c) National economies are controlled in many cases by a small group of elites who also often
give special access to transnational corporations.
d) Patterns of land ownership are often exploitative.
1. All people have the right freely to determine their political status and freely to pursue their
economic, cultural, and social development. These rights are often violated by foreign
governments and power systems, and through internal oppression and discrimination.
2. The Churches should condemn such violations and take active part in efforts to ensure
national sovereignty and self-determination for people who are deprived of them.
3. The Churches must also defend and promote the rights of minorities (including that of
migrant workers), be they cultural, linguistic, religious, ideological, or ethnic. Efforts to ensure
that the Helsinki declaration be implemented could be of great importance in this context,
especially for minorities in countries who have signed it.
4. The Churches must closely scrutinise the reasoning of people in power when they seek to
justify the violation of human rights for what they deemed to be overriding concerns. Even in
time of public emergency, fundamental rights such as the right to life and personal dignity, as
defined by the Universal Declaration of Human Rights and the Covenants should under no
circumstances be derogated from.
1. Participation of groups and individuals in the decision making processes of various
communities in which they live is essentially for achieving a truly democratic society. As a
precondition, there must be created an economic and social foundation which is in the interest
of all segments of society. All members of the community, especially the young and women,
should be educated in a spirit of social and political participation and responsibility. The
structure of government on the national and local levels, within the religious communities,
educational institutions, and employment, must become more responsive to the will of all the
persons belonging to these various communities, and must provide for protection against
manipulation by powerful interests
1. The right to dissent preserves a community or system from authoritarian rigidity. It is
essential to the vitality of every society that the voices of dissenters be heard and that their
right to hold opinions without interference, to freedom of expression, and to peaceful
assembly be guaranteed. Christians, as followers of Jesus Christ, have a solidarity with the
people who suffer because of their religious faith and practice and because of their stand in
favour of political and social justice. Christian solidarity means a definite choice on the side of
prisoners of conscience and political prisoners and refuges. The Churches should make all
efforts in their witness and intercessions, and by providing remedial assistance to support those
fellow beings who suffer.
1. In many countries represented in this section evidence has been sighted of gross violations
of the right to personal dignity. Such violations include arbitrary arrest and imprisonment,
torture, rape, deportation, child battering, enforced hospitalisation in mental hospitals. Threats
to families and denial of habeas-corpus. In some cases, prisoners and refugees are denied
contact even with their families thus becoming "non-persons" In other cases, arrested persons
either disappear or are executed summarily.
1. The right to religious freedom has been and continues to be a major concern of member
Churches and the WCC. However, this right should never be seen as belonging exclusively to
the Church. The exercise of religious freedom has not always reflected the great diversity of
convictions that exist in the world. The right is inseparable from other fundamental human
rights. No religious community should plead for its own religious liberty without active
respect and reverence for the faith and basic human rights of others.
1. For the sake of the unity of the Church and humankind, the concerns of women must be
consciously included in every aspect of the deliberations of the WCC. The liberation of women
from structures of injustice must be taken seriously as seen in the light of the liberation of all
oppressed people and all forms of discrimination.
1. Racism is a sin against God and against fellow human beings. It is contrary to the justice
and the love of God revealed in Jesus Christ. It destroys the human dignity of both the racist
and the victim. When practised by Christians it denies the very faith we profess and undoes the
credibility of the Church and its witness to Jesus Christ. Therefore, we condemn racism in all
its form both inside and outside the Church.
WCC Central Committee, August 1977
"No one should be subjected to torture or to cruel or inhuman or degrading treatment or
punishment;"
b) continue and intensify their efforts to cause their governments to ratify the international
covenants on economic, social and cultural rights, and on civil and political rights adopted by
the UN General Assembly; special efforts should be made to achieve the ratification of the
"Optional Protocol"of the "Covenant on Social and Political Rights"by which states agree to
allow to consider communications from individuals subject to their jurisdiction who claim to
be victim of the violation of the rights set out in that Covenant by their own state; similarly,
attention of the governments should be called to the importance of ratifying specifically Article
41 of the "Covenant on Civil and Political Rights"by which a state can express its willingness
to allow other nations to raise questions through a careful procedure, about its compliance
with the provisions of this Covenant including its Article 7 which prohibits torture or cruel,
inhuman or degrading treatment or punishment;
c) inform their members and the people of their nations of the contents of the "Declaration on
the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment" unanimously adopted by the UN General Assembly on
9th December 1975;
d) study and seek the application at all levels of government of the "Standard Minimum Rule
for the Treatment of Prisoners"adopted on 30th August 1955 by the first UN Congress on the
Prevention of Crime and Treatment of Offenders;
e) study and seek the application of the "Declaration of Tokyo: Guidelines for Medical
Doctors concerning torture and other Cruel, Inhuman or Degrading Treatment or Punishment
in Relation to Detention and Imprisonment"adopted by the 29th World Assembly in Tokyo,
October 1975;
STATEMENT ON EXTRAJUDICIAL
EXECUTIONS
WCC Central Committee, July 1982
b) promote activities which will lead to a better understanding among the public regarding
preventive measures against extrajudicial executions, such as early warning and alert system
already in effect for torture and disappearance;
c) render support and protection for local human rights organisations and other bodies whose
activities include the monitoring of extrajudicial executions;
d) challenge government attempts to rationalise and legitimize extrajudicial executions;
e) encourage the elaboration of guidelines for establishing whether a government has
investigated sufficiently and in good faith report of killings;
f) encourage governments to permit independence investigation on their territories and to use
their diplomatic channels for fact-finding and pressure elsewhere;
g) seek appropriate way to strengthen or cooperate with the existing national and international
mechanisms for investigation, reporting in good offices, as well as other forms of speedy
interventions;
h) continue and intensify their efforts to cause their governments to ratify the international
Covenants. Attention of governments should be called to the importance of ratifying
specifically Article 41 of the Covenant on Civil and Political Rights;
i) study and seek the application at all levels of governments of the "Standard Minimum Rules
for the Treatment of Prisoners", in view of the fact that many judicial executions occur during
imprisonment;
j) seek to ensure the compliance of their governments with the provisions of these important
international instruments, recognising that while the Declarations are not legally binding they
do represent a large international consensus and carry very substantial moral weight;
k) urge their governments to cooperate with current UN efforts to examine the phenomenon
of extrajudicial executions and to assist the Special Rapporteur of the UN Commission on
Human Rights on "Summary and Arbitrary Executions"in his mandate to submit a
comprehensive report on the occurrences and extent of the practice of such executions
together with his conclusions and recommendation by February 1983;
l) strengthen their cooperation with the Working Group on Involuntary and Enforced
Disappearance established by the UN Commission on Human Rights and to seek a renewal of
its mandate beyond 1983; and
m) encourage and collaborate with others' initiatives to establish an international strategy to
eliminate extrajudicial executions and to create effective international machinery to ban such
executions.
STATEMENT ON REFUGEES AND MIGRANT
WORKERS
WCC, Vancouver Assembly, July/August, 1983
WCC Central Committee, March 1990a) to advocate the abolition of death penalty in those states where it is still
permitted;
b) to oppose efforts to restore the death penalty in states where it is currently forbidden;
c) to support international efforts for the universal abolition of the death penalty;
d) to develop theological and biblical resources to aid their own members and others in their
efforts of abolition and question the biblical and theological rationale offered by many
proponents of the death penalty; and
e) to encourage and support one another in these efforts by the sharing of insights, solidarity
and resources such as material and legal aid.
STATEMENT ON INDIGENOUS PEOPLE
AND LAND RIGHTS
WCC Canberra Assembly, February 1991
b) to recognise, acknowledge and vigorously support self determination and sovereignty of
indigenous people, as defined by them, in church and society.
c) to use their influence with governments and international bodies in actively seeking the goal
of justice through sovereignty and self-determination of indigenous people;
d) to declare the year 1992, the quincentenary of the arrival of Columbus in the western
hemisphere, a year against racism with specific focus on indigenous and black peoples who in
this year will mark five hundred years of genocide, land theft, slavery and oppression. We call
upon the international religious community and governments to resist participating in activities
celebrating 1992 designed without input from indigenous people and to join with indigenous
people in any celebration or commemorations they plan;
e) to oppose continuing and now increasing (justified by war in the Gulf) exploitation of
indigenous peoples, land and mineral resources;
f) to protect burial grounds and sacred sites of indigenous peoples from desecration and
destruction and to work toward the return of ancestral remains, artifacts, sacred objects and
other items belonging to indigenous peoples;
g) to protect freedom of indigenous peoples to practice their traditional religions."Violence against women is on the increase all over the world. This violence
ranges from economic, social and political discrimination and sexual harassment to rape, wife
murder, and other forms of cruel, inhuman and degrading treatment.
REGIONAL HUMAN RIGHTS: ISSUES AND PERSPECTIVES
In preparation of the World Conference on Human Rights, three regional
meetings were
organised by the United Nations. The first such meeting covered the countries of the African
region and was held at Tunis in November 1992; the second covered the countries of the Latin
American region and was held at San Jose in January 1993; and the third covered the countries
of the Asian region and was held at Bangkok in March/April 1993. No regional meetings were
held in the Western regions, though some satellite meetings were held to discuss issues similar
to those discussed at the Regional PrepCom meetings. The IVth PrepCom meeting was held at
Geneva, April 1993 to consider the outcome of the World Conference taking into
consideration the preparatory work and the conclusions of the regional meetings.
At the Regional PrepCom meetings, CCIA participated through the representatives of the
regional ecumenical organisation. The debate at these meetings focussed around the following
issues:
The discussion on the issues cited resulted in polarisation between the countries of the North
and the South. For the South the notion of universality is problematic, it is argued that the
universality of human rights should be defined within the context of culture and tradition of a
particular country or region. The South is also of the view that the right to development
should be seen as a universal right. In this connection the South welcomes The Declaration on
the Right to Development adopted by the General Assembly of the United Nation in 1986.
The Declaration defines development as a comprehensive economic, social and political
process, that aims at the constant improvement of all individuals and of all peoples, on the
basis of free and active participation in the development process and in the fair distribution of
the benefits resulting therefrom. Accordingly the right to development is both individual and
collective. The declaration speaks of the promotion of "a new international economic order,
based on sovereign equality, inter-dependence, mutual interest and cooperation among all
states".
Those familiar with the ecumenical agenda on human rights know that the 1974 St. P”lten
Consultation which had representatives from all the regions - North and South, and East and
West debated the issue of universality of human rights and the right to development in a
similar context. At that time too, there were two views on the subject. One was that economic
social and cultural rights are not "rights" in the same legal sense as others and should be dealt
with by Christians in the context of their understanding of service and charity. The other view
was that though God cares for each individual, salvation itself is the reconciliation of an
individual to communion with God in the fellowship of the people of God. There can therefore
be no priority of the individual over the community, since the separation of the individual from
the community is equivalent to separation from the Holy Spirit, which is equal to sin and
death. This position insists that collective rights take priority over those of the individuals.
It will be clear from the above that the debate with regard to universality of human rights and
the right to development is not a new one. It is a subject on which much is said and written.
Over the years the ecumenical movement has broadened its understanding to accept the
inter-relatedness of civil and political rights as well as socio-economic and cultural rights. The
regional perspectives that follow present more or less the same position on the issue.
Human Rights remains an enduring concern of the Christian churches in
Asia and the Pacific.
And rightly so because the concept of human freedom and dignity lie at the core of our
Christian faith as it is in other religious persuasions.
We are deeply conscious of the history of colonialism and Christianity in Asia and the Pacific
and in recognizing this historical responsibility we shall continue to extend our support to
organisations working for human rights issues throughout the region.
Due Recognition of the Role of Human Rights NGOs
It is also important that regional NGOs meet together within Asia on a more regular basis so
that they may continue to offer a strong contribution to both a regional perspective on human
rights and to any proposal for the establishment of inter-governmental human rights bodies in
Asia and the Pacific.
Universality and Sovereignty : Responsibility and Response
However, we also wish to note that the sovereignty of countries in the region is already
severely compromised by the economic arrangements agreed between these countries and the
major powers. These economic relationships already cause increasing poverty, inequality and
human rights abuses. It is therefore incumbent upon regional governments to accept their
share of the responsibility for the existing economic relationships which disadvantage the
majority of their citizens. Unless this responsibility is accepted it is possible that their criticism
of Western interference will appear only as an attempt to increase the wealth and power of
governing elites and their control over their own populations to the further detriment of
human rights.
For this reason also we need to establish a critique of the concept of development which so far
has only increased inequality. We need to bring a new vision of the relationships of power
within our societies as well as between countries.
It is in this task that NGOs can contribute from their deep experience of grassroot problems
and grievances. As regional representatives of a worldwide Christian ecumenical movement
we also believe that the spiritual resources of Asian and Pacific peoples who have suffered
human rights violations under colonialism and also under their own governments must be
mobilised in building a new vision of human community from below, from the poorest of the
poor.
Strengthening the UN System for Human Rights
Finally, we stand in full support of the demand of non-governmental organisations in the
region for the creation of a special human rights mechanism at the governmental and
non-government level.
The inclusion of non-governmental organisation in the World Conference on Human Rights
and its preparatory stages is a very positive step. We look forward to further accreditation of
Asian-based NGOs to UN bodies.
While upholding the Universal Declaration on Human Rights and other international human
rights instruments we wish to express our understanding of the fear that many Asian and
Pacific governments entertain that human rights may be used as a pretext by the major
industrial powers to breach national sovereignty. The selectivity of humanitarian intervention
already raises important questions about the political interests which might lie behind certain
applications of human rights principles.
We appreciate the efforts of governments to promote their shared values and aspirations
through institutions like the United Nations. But we believe more can be done. For this reason,
we recommend the following measures:
1. The Conference of European Churches (CEC) welcomes the
decision made by the United Nations (UN) General Assembly at its 45th session to convene a
World Conference on Human Rights with a view to evaluating the progress made in the
enjoyment of the human rights and fundamental freedoms and to propose a programme of
action for further strengthening and developing of the human rights for the next future.
2. The CEC reiterates that human rights are universal and indivisible, and include civil
and political rights, economic, social and cultural rights. All these rights are inter-related and
indivisible and cannot be subject to different interpretations. The separations that still exist
between them should be overcome in order to guarantee their indivisibility .
3. The CEC urges the World Conference to call upon all governments, which have not
done so, to ratify all the human rights instruments, in particular:
4. The CEC reaffirms that the UN has a crucial role in seeking peaceful solutions to
conflict and injustice, and recognizes that violent conflicts involving minorities are a major
cause of insecurity and disharmony in Europe and the world.
The CEC urges the World Conference and all UN member States to recognise the
importance of this issue and to adopt a declaration on "The Rights of Persons to Belong to
National, Ethnic, Religious or Linguistic Minorities", as a matter of immediate urgency.
5. The CEC recommends that the relationship between human rights and peace could
be added to the themes of democracy and development. A close linkage is made in the Charter
of the UN (Art. 1) between the maintenance of international peace and security, respect for
human rights and international economic and social cooperation.
6. The CEC considers that priority should be given to vulnerable groups (women,
children, aged, displaced people, minorities, ...) and to individual abuses (torture,
disappearances, assassinations, rape, ...). As far as priorities are concerned in Europe
particular attention should be devoted to the situation of the central and eastern European
countries.
7. The CEC condemns all forms of gender discrimination and urges the World
Conference to call upon all Governments, which have not yet done so, to ratify the
Convention on Elimination of All Forms of Discrimination against Women and take immediate
steps to ensure that all discriminatory laws, regulations and regulatory procedures against
women be repealed. The CEC suggests that an attempt should be made so that future
World Conferences may have 50% women as participants and keynote speakers.
8. The CEC calls upon all UN States to ratify the Convention on the Rights of the
Child, to abolish child labour in all its forms and to prohibit by law the employment of children
in work which endangers their health, safety and morals.
9. The CEC although recognizing that the term "refugee" as defined in the 1951
Convention/1967 Protocol ought to be complemented in order to protect persons leaving their
country of origin for reasons of well founded fear of persecution, international or
non-international armed conflicts, foreign aggression, international disorder or similar events.
11. The CEC aware of the heavy bureaucratic UN machinery endorses the proposal for
the establishment of the UN Commissioner for Human Rights and calls upon all governments
to give serious consideration to it.
12. Finally the CEC recommends that the final document of the World Assembly be
widely disseminated and encourages governments to translate and defuse it in other languages
than the official UN ones.
a) the International Convention on Economic, Social and Cultural rights
b) the International Convention on Civil and Political Rights, and
c) the Optional Protocols thereto.a) reaffirms that fundamental human rights should be the criterion for the
treatment of refugees and asylum seekers as much as they are a criterion for the treatment of
our own nationals;
10. The CEC while welcoming the total abolition of the death penalty by several
countries is deeply concerned with the introduction of death penalty in the new
legislation of some European countries and urges all governments to abolish the capital
punishment in accordance with the rights to life and respect to the fundamental human
rights.
b) stresses that the practice with regard to refugee determination had become more
restrictive in developed countries during the past few years which, in particular, affected
asylum seekers from the Third World and calls upon the developed countries to accept
more asylum seekers;
c) emphasizes the need to respect the principles of non-refoulement including
non-rejection at the frontier of all asylum seekers as also the need to safeguard their access to
a
refugee determination procedure;
d) notes the precarious situation under which internally displaced persons are living
and the fact that this category of persons cannot be assisted by the United Nations High
Commission for Refugees (UNHCR) as they are outside the mandate of the office; therefore it
calls upon the international community to establish a legal basis for assistance of this
group by humanitarian organisations;
e) calls for further accessions to the 1951 Convention/1967 Protocol and other
instruments;
f) asks the UN to convert into treaty language the Article 14 of the Universal
Declaration of Human Rights.
1. Reception of the Universal Declaration of Human Rights
Canada is a signatory to the International Covenant on Economic, Social and Cultural Rights,
the International Covenant on Civil and Political Rights and the optional Protocol, as well as
to the conventions on racial discrimination, women, genocide, slavery, status of refugees,
statelessness, torture, freedom of association, equal remuneration of men and women, forced
labour, discrimination in employment, the Geneva Convention, and the rights of the child. In
general Canadian Federal Provincial governments recognise the importance of the commitment
made in the International Law and the obligations taken. They also recognise the universal
nature of these rights. Courts decisions increasingly reflect the principles of Canada's
international obligations to uphold universal human rights standards. Since its adoption, the
universal declaration has had a major impact on the elaboration of the equality rights in the
Canadian Law, in particular in creation of anti-discrimination codes and mechanisms for
redress for people who have experienced discrimination.
In most areas, Canada complies with the existing requirement of international law.
Nevertheless some Canadians still find it difficult to secure certain key rights guaranteed in the
Universal Declaration. In other cases, some Canadians are unable to enjoy equality in areas
where international standards are lacking or are inadequate to the experience of people today.
Within Canada the situation for Indigenous People is a special and well-known case of a
people whose fundamental rights have been systematically denied.
For non-indigenous members of Canadian society, several factors contribute to people's
difficulties in securing real human rights guarantees. One emerges from the requirement that
international law ratified by Canada become part of domestic law by a separate step taken by
either the federal or provincial government, whichever one has jurisdiction over the matter in
question. For many reasons, governments find it simpler to argue that it is not necessary to
enshrine international standards in Canadian legislation, on the assumption that existing
legislation will demonstrate compliance. This allows for gaps in Canadian protections that
affect vulnerable groups most seriously. In addition, the failure to legislate certain key
elements of international human rights agreements and conventions exacerbates the situation
of people most at risk.
2. The Rights of Indigenous Peoples
With respect to Indigenous or Native Peoples, Canada has major failing in fulfilling the treaty
obligations it has undertaken as international treaties with sovereign nations. As well,
Indigenous and Native Peoples have been seeking within Canada legal guarantees of their right
to self-determination, defined as self-government within the Canadian state with an adequate
economic base to render such self-government meaningful. The public has demonstrated
wide-spread support for the claims of aboriginal peoples as a meaningful way to redress the
catastrophic impact of the French and British empires on the First Nations that occupied this
continent during the era of European colonisation of North America.
There was an attempt to elaborate what these obligations are in an amendment proposed
during the recent federal-provincial-aboriginal negotiations to amend Canada's constitution.
When the proposed formula was rejected in an nation-wide referendum, the goal of achieving
constitutional guarantees for aboriginal peoples was set back, even though this was not the
reason for the public's rejection of the proposed accord. The importance of achieving
constitutional guarantees of self-determination that bind all governments is demonstrated by
the tragic case of the Lubicon Nation of Alberta, a nation that has been pushed almost to the
point of extinction. Although its claims on unceded land have not yet been resolved, licenses
to exploit the economic resources of the land under claim have been granted to private
corporations. The resolution of the land claim has been bogged down by conflict between
federal and provincial governments.
Although the Lubicon case is one of the most dramatic, Aboriginal Peoples throughout
Canada suffer systemic discrimination of a gross and systematic kind, largely because of the
failure of governments to recognise and enshrine the fundamental economic rights spelled out
in Parts III and IV of the Draft Universal Declaration on Indigenous Rights. The price paid by
people of Aboriginal descent is indicated by high rates of teen suicide in impoverished native
communities, by violence against women, and by chronic and massive unemployment on native
reserves.
3. Challenges to the full realisation of all human rights of women and men, including
those of persons belonging to vulnerable groups
3.1 Civil and Political Rights
3.1.2 Refugees
3.1.3 Domestic Violence against Women
During the second half of the twentieth century the international community
has systematically created and disseminated on a large scale, through the United Nations,
principles and standards of international law, commonly known as human rights. These
acknowledge the dignity of a human person, his or her ethical aspirations and requirements
that cut across frontiers. The universal values of human rights have been strengthened by
international legislation. Considerable advancement has been made in establishing standards
and principles through new instruments and declarations. There is a growing ethical, social and
legal weight of the presence, actions and resolutions of the United Nations and its organs.
Human Rights have become a priority concern of the international community. States have
acknowledged it as an accepted principle that puts it under an obligation not only to promote
but also to guarantee these rights as enshrined in the charter of the United Nations.
Identification of Obstacles impeding further advance
The Issue of Democracy
Unjust Structures
The presence of militarism and the abuse of states of emergency
Failure of Justice, Impunity
The Executive often acts as a parallel Judiciary. It misuses its power to grant amnesty,
impunity from prosecution, thus supporting those who are guilty of committing human rights
violations. This erodes democracy and the rule of law.
Continuing Genocide after Five Centuries
Terrorism and Drug Trafficking
Drug trafficking in the region has created a climate that has led to serious human right
violations. It produces responses of a repressive nature by the military in the country and
intervention from outside. The problem of drugs needs to be addressed at different levels:
production, international traffiking, financial transactions involving developed countries and
consumption.
Weakening of the democratic system
The policies of structural adjustment, debt
At the level of United Nations
1. The lack of coercive mechanisms such as an international penal code to check serious and
persistent violations of human rights. This is an obstacle in the building of a civil society and it
is an encouragement to impunity from prosecution.
2. The lack of procedure at the United Nations for dealing with serious cases of human rights
violations in light of the total ineffectiveness of Procedure 1503.
3. The politicisation within the Commission and Sub-Commission on human rights as a result
of power politics. In addition lack of objectivity, selectivity and arbitrary action further
undermine the sanctity of these bodies.
4. The failure to ratify international instruments or the reservation placed on them has affected
the minimum levels needed to protect the rights of the people.
5. The ineffectiveness of the advisory services provided by the Center for Human Rights of the
United Nations.
6. The lack of coordination between the mechanisms and organs for the protection of human
rights have reduced the effectiveness and systematic implementation of actions taken within
the United Nations.
Means of Overcoming such Obstacles
Ratification of Human Rights Instruments
Despite the fact that UN member states subscribe to the Universal Declaration of Human
Rights, there is a significant number, including some in the Caribbean who have not yet ratified
the International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural rights. These among other provisions recognise the rights of
the individual citizens to take complaints on human rights violations to the UN.
A positive Caribbean note: After 28 years of a government which was disrespectful to many
aspects of human rights, elections in 1992 restored a democratically elected administration in
Guyana. The government announced its intentions to ratify the Covenant on Civil and Political
Rights.
Support for International Response to Human Rights Violations
The recent notion about the establishment of the post of UN Special Commissioner for Human
rights should be supported by NGOs, Churches and other voluntary groups and ecumenical
agencies. The governments of CARICOM should also give support for the establishment of
this post.
General Comment
As poverty intensifies, due to worsening form of adverse trade, IMF conditionalities and
increases polarisation between the "Haves and the Have nots", serious and sustained social
unrest is likely to occur in some territories. Governments may feel justified to tighten laws,
practices and techniques, which though designed to promote law and order may well become
repressive and erode the rule of law and respect for human rights. The desire on part of some
countries to promote themselves as friendly and safe from tourism, (a major source of income
generation and employment), may dominate and supercede human rights. Solutions to such
scenarios as may threaten the peace and security of the region lies in the fair distribution of
wealth between North and South.
The Vienna Conference therefore, ought not to ignore the current world economic situation.
More rhetoric cannot remedy economic injustice, whether practised at the local or
international level. Economic marginalisation of the masses in the Caribbean, who are poor,
will inevitably result in denial of their enjoyment of civil and political rights.
Foreign domination of the Pacific
The colonial legacies in the Pacific are present in cultural and educational development
programmes: religious, social and political institutions as well as in the economic system. The
most significant influence of the colonial powers is found in the religious life of the Pacific
people. Pacific islanders live with European histories, theologies, ecclesial structures, and
liturgies.
The Pacific today is beset with conflicts and divisions. Political and economic development has
created a new range of social problems. Tribal conflicts in Papua New Guinea, racial tensions
in Fiji, cultural conflicts in Kanaky, class tensions in Tonga and Samoa, land rights struggles in
many other parts of the region indicate a new wave of human rights struggle. Human Rights as
defined internationally by the UN Charter provides the basic criteria for protection of human
beings against suffering, violence and other inhuman conditions. Most Pacific island countries
guarantee the fundamental rights - to life, to freedom, to protection of the law, right of speech,
association, movement etc.
Pacific communities see individual rights in relation to social obligations which have their
roots in the islands culture. Individuals are expected to look after those in need. Community
members are expected to fulfil their social obligations to the clans or tribes. Leadership is
considered a public trust and leaders are held therefore accountable to the community.
Human Right Violations
Nuclearisation: a threat to life and environment
Issues of human rights for the Pacific Islanders are therefore extremely important in their
struggle for peace and justice. It is hoped that the World Conference will seriously address the
issues related to the right of development of all people which are very important for the people
of the Pacific. The Conference should also address the inequities in international trade
arrangements which are unfavourable to less developed countries.
In the history of humanity the founding of the United Nations translated the
concern shared
throughout the ages by men and women who loved justice and equality. There can never be
harmonious relations between peoples and nations unless relations between individuals are
likewise governed by respect for human dignity. This was the underlying idea which led to the
issuing of the Universal Declaration of Human Rights in 1948, which stands as a moral
reference point for all nations.
Although we know that individuals and nations are inter-dependent in a world under constant
threat of destruction from the deterioration of the environment, wars and other disasters of
human making, it also has to be said that for the past forty-five years an ever-growing number
of nations and individuals have failed to take the necessary steps to adjust their policies and
their life-styles to meet the danger of extinction hanging over the world family. It is our duty
to remind the nations that they have never as yet engaged in serious dialogue on these
problems which threaten the survival of humanity in all parts of the world.
This warning cry might seem out-moded since the end of the Cold War, but the course of
events in the world since 1945 shows that the Universal Declaration remains a pious wish in
face of the arrogance and the will for power displayed by the strong in their relations with the
weak.
The division of the world into two blocs prevented any transparency in the application of
international instruments so long as the prime concern was the domination of one vision of
universal control by the other. The existence of two separate international pacts in itself
illustrates the scant consideration given to the universality and indivisibility of human
rights.
The end of the Cold War did inspire its share of dreams of a world where more equitable
relations between nations and a greater respect for human rights would be the new paradigm.
But, regrettably, at a time when the United Nations should be seen as the regulator of tensions
between the nations, the intolerance which has developed is greater than ever before, and has
reinforced the logic of might as right to the detriment of a moral attitude concerned for
equality.
This law of the jungle is gaining a still stronger hold with the New World Order, one
instrument of which is to turn the United Nations in to its chief executive organ. The new
factor which seems to have established itself in this logic is that human dignity is now judged
by the yardstick of the interests of the strongest.
The most serious aspect of this understanding is the tacit acceptance that only violations of
civil and political are to be discussed and judged. It seems to be taken as normal that only a
minority of the world's population can enjoy economic, cultural and social rights while the
great majority can be deprived of these.
What appears to be simply a subject of debate among human rights activists is in fact
something that should be examined by the whole world. For the real underlying debate is not
about the nature of this or that set of rights but rather about whether all are agreed that the
fundamental thing is human dignity.
To say that violations of civil and political rights are the only ones that can be criticized is
tantamount to saying that only part of the human race is liable to violate them and,
consequently, represents a tare among humanity. This insinuation carries overtones of a
justification of racism, inequality and other forms of intolerance. It likewise legitimizes forms
of repression or the right of intervention in the name of human rights.
It is not right that only a few states should arrogate for themselves the right of intervention
and that the latter should apply only to civil and political rights. This is no doubt due to the
fact that the way in which the system for monitoring respect for human rights is organized at
present seems to suggest that there is some kind of principle for setting priorities. But human
dignity, which is the norm by which all forms of human behaviour have to be judged, is unique
and indivisible and priorities cannot exist here without seeming to admit that there are several
forms of human dignity.
At a time when the whole world is re-assessing human rights there is an urgent need to give
new direction to the United Nations system, based on the reaffirmation of the moral values of
equity which underlay its founding. The system we have at present disregards the social nature
of human dignity. Any new understanding of human rights must be based on an awareness of
the deep meaning of human community. Recognition of human dignity must lead to human
solidarity capable of existing across all national boundaries or racial and ethnic
prejudices.
General Challenges with Bearing on Human Rights
Christians of the Middle East suffer from the fact that their existence, role and witness is
largely unrecognized in the Christian west. Western Christian behaviour towards sister faiths
in the Abrahamic tradition is largely vitiated by a legacy of anti-semitism, Crusades and, more
recently, of uncritical support of the state of Israel and/or compromising dialogue or
relationships with some Islamic powers. This has made the Christian presence in the region all
the more difficult. Throughout the history of the Middle East, both war and peace, as imposed
by the West, have victimised indigenous Christians. They are dismissed, because they are
politically powerless, even as they believe that the spiritual and creative power of the
powerless can also transform history.
Specific Areas and Clusters of Concern
Human rights and religious liberty within a multi-religious society and within the context
of monotheistic religions
Human rights presuppose democracy, accountability and participation. These must become
integral components of Middle Eastern political culture. Two other key elements, namely
stability and development, must be based on satisfying the human, political and material rights
imposed by foreign powers.
The Middle East, and more particularly the Arab world, has moved since the 70s - from
secular nationalism to a form of ethno-religious nationalism. Islam is proposed by many as the
alternative to Arab nationalism which is considered by fundamentalist Muslims as a humanist
secular ideology that was developed in a western cultural context.
The challenge and quest, therefore, in the Middle East is to envisage and establish models of
society which are neither radically secular, like in the West; nor ethnocentric, like in Israel; or
religious, as in some Islamic countries. In other words, a society that recognizes the values of
community, respects religion and religious or ethnic differences, and does not ignore or seek
to eliminate them as was attempted by the French Revolution, secularism and Marxism. And
here lies the challenge, - for such a society also will have to guarantee equality between
communities and individuals.
Despite divisions and poverty, there are signs of hope in the Middle East. There is an
emergence of common ideals that are opposed to the status quo and in favour of new
alternatives. This has created a kind of emotional unity based on a sense of growing
commonality of interests and aspirations amongst the people of the region, and is leading to a
type of "nationalism beyond nationalism". There is also a growing will to promote democracy.
Of course, democracy cannot be imposed from outside and will have to emerge from within
the societies concerned.
All this also requires encounter and dialogue with other religions in the region that aim at
discovering, through their respective heritages, a common ethical ground for the basis of a
new society.
Last but not least, for the promotion of human rights and dignity in the Middle East - and
elsewhere - the revival of old or the creation of new "enemy images" is futile,
counterproductive or outright dangerous.
The solving of conflicts on the basis of United Nations resolutions
The call here is to all member states of the United Nations to help it to improve its credibility
by enforcing its resolutions without double standards and with equality, independently from
the interests of some powerful nations or coalitions thereof.
Projects of any "world order" based on economic self-interest, selective security, superiority of
technology and balance of military power must be rejected in favour of a reality based on
respect between cultures, justice and peace for all people.
Therefore, instead of continuing to misuse or to abuse the United Nations, all the states
involved should help reform it in view of transforming it into an effective and efficient
instrument of justice and peace.
Middle East interreligious contribution for justice, peace and human rights
We refer here to interreligious, Christian-Muslim, contributions for justice and peace in areas
such as the former Yugoslavia, Armenia/Nagorno Karabagh, etc.
Certain projects, involving joint delegation, contacts and possibilities of humanitarian
assistance on an interreligious basis are already under way.
The Charter of Rights and Freedoms was enshrined in the Canadian Constitution of 1982. It
provides a clear statement of the equality of all citizens and permanent residents with respect
to civil and political rights; the guarantees are consistent with the International Covenant on
Civil and Political Rights. They provide for the equality of persons belonging to minority
groups and for the rights of two identifiable groups that are minorities or living in minority like
situations: women and French-speaking Canadians. In several areas, implementation of these
rights is weak or sporadic at best, though there is recourse through the courts for redress.
3.1.1 Rights of Cultural and Ethnic Minorities
Canada has not yet acted to declare illegal organisations which disseminate racist or hate
propaganda, as required by Article 4 of the Convention on the Elimination of All Forms of
Racial Discrimination. Efforts to control the circulation of the materials of such groups rather
than to declare the groups illegal have proven to be ineffective, leaving the groups free to
spread their ideas until such time as a court decision finds a particular individual guilty of
disseminating hate propaganda. Cultural and ethnic minorities, as well as Native Peoples and
refugees within Canada are particular targets of such groups.
Canada accepts more refugees on a per capita basis than do all other countries, in part because
refugees are admitted as part of Canada's overall immigration policy. Nevertheless, as in other
countries, refugees claimants find themselves without real guarantees of the right to asylum
because they do not fit the convention definition of refugees; they may be seeking to come as
people displaced in their own countries or they may fleeing war, civil war, or wide spread
violations of current international human rights and humanitarian standards. As well, the
increasing requirement that air transport companies apply immigration standards to all
passengers seeking to travel to Canada tends to create obstacles to refugees who cannot reach
the country by any other means.
Domestic violence offers an additional example of a systemic violation of a fundamental rights
of a women, since the vast majority of victims of such violence are women. Battering and
murder of women by husband and partners constitute the major risk to security of person of
females in Canada. Since the perpetrator is a private individual the victim tend to be thrown on
the courts and the criminal justice system to secure redress on a case by case basis. As in the
racist propaganda case, the focus on the equality of persons belonging to minorities (rather
than group rights) has given equal protection to victim and victimiser.
3.2 Economic, Social and Cultural Rights
The Charter of Rights and Freedom does not enshrine in the Constitution the basic
requirements of the Covenant on Economic, Social and Cultural Rights, especially a
Constitutional guarantee to an adequate standard of living, health care, education, excess to
employment and just and favourable conditions of work.
There is inadequacy and/or ineffectiveness of international and regional mechanism for the
protection of human rights. This inadequacy is felt more because of extensive violations of not
only individual rights but also collective rights as well. The situation, despite the advances
made, is unsatisfactory from the point of view of universally accepted ethic based on the
dignity of human person.
The absence of democracy is a major obstacle to the respect of human rights in Latin America.
The system of democracy is reduced to the farce of holding periodical elections. The progress
achieved as a result of return to democracy in the eighties was significant. However, it has
failed to lay the foundation to build a genuine democratic system of government. Serious
violations of the right to life, liberty and security continue to take place despite there being
democratically elected governments.
The existing social, political and economic structures render the full observance of human
rights standards, impossible. The denial of economic, social and cultural rights to large section
of people in the region makes the right to equality, liberty and to life unrealisable. Never
before has Latin America been as democratic and poor as it now is.
The presence of militarism which dominates all aspects of civil and political life is a long
standing problem in the region. It is an obstacle in the way of enjoyment of human rights.
Repeated recourse to emergency laws, often in violation of the rule of law and relevant
international agreements, the suspension or limitation of habeas corpus and other guarantees
encourages an institutional framework that denies protection to the citizens.
Lack of independence, politicisation, corruption, support for human rights, coupled with the
failure to adapt to a multi-cultural environment have rendered the Judiciary in most countries
of the region ineffective. It is unable to satisfy peoples' aspiration for justice. It is tolerant of, if
not accomplice to, human right violations. As an institution the Judiciary has failed to bring the
guilty to justice.
Racial discrimination, contempt for non western cultures, and the denial and/or devaluation of
indigenous people and their culture are an obstacle to the respect for human rights of the
people in Latin America. The states have failed to adopt a policy based on plurality of races
and culture. Except for four countries, none of the others have ratified Convention 169 of the
ILO on indigenous and tribal population (189).
Although limited in extent terrorism is a cruel and dangerous practice. Carried out by criminal
groups on the fringes of society, it creates a climate which is unfavourable for human rights.
However extending the category of terrorism to include acts which according to international
humanitarian law are armed acts not in violation of Article 3 of the Geneva Convention is not
conducive to peace. Finally, there is state terrorism which contributes to an unfavourable
climate for human rights.
A combination of the above factors and other international factors is affecting the credibility of
the democratic system. This has led to periodic rounds of authoritarianism which while
maintaining an outward fa‡ade of democracy is a serious threat to human rights and peace in
the region.
The introduction of policies of structural adjustments linked to the states's abandonment of its
roles in providing basic necessities is increasing the level of poverty and social violence. Such
policies have also led to flagrant violations of economic, cultural and social rights. The debt
burden has a serious effect on the already minimal access of the population to economic, social
and cultural rights. It also makes it impossible to sustain the right of development, recognised
by the United Nations General Assembly (Resolution 4/128 of 4th December 1986)
The obstacles to the enforcement of human rights are the following:
It is an established fact that a democratic system can provide adequate safeguard against
violations of human rights. The basis for such a democratic system lies in political pluralism
and a regular electoral process. An independent Judiciary and an elected Legislature with
adequate checks and balances on the Executive can effectively protect the rights of the citizen
against abuse by the authorities. The participation of the people in the decision making process
ensures against the abuse of the system.
There is a view that the Vienna meeting may provide yet another platform of rhetoric; in fact,
care should be exercised lest some governments insidiously attempt to weaken the
international mechanism for protecting human rights.
Under current provisions, the UN can offer advisory services and technical aid to relevant
countries; and where necessary, can apply a policy of strict human rights monitoring and
investigations. However, in the Caribbean, the case of Haiti stands out as an example of
neglect and ineffectiveness in the application of this policy. Haiti has not been required to
account for the large number of excesses perpetrated on its peoples by the present repressive,
brutal and illegitimate regime which deposed the first democratically elected government, that
of President Aristide. In fact, the UN, offered the Haitian government human rights advisory
services in 1987. Two years later, the UN offered a fact finding element; but only in 1990 did
the UN Commission on Human Rights transfer Haiti to its list of countries under public
scrutiny for its human rights violations. The international community remains somewhat muted
on the daily abuses with little pressure on the de facto regime for redress.
There is a disturbing rise in violence throughout the Caribbean, including that derived from
political and drug related sources. A close watch is necessary to ensure that security forces are
not allowed to overreact or be given free reign; and that the rule of law, so much revered in
the region, is not infringed in the pursuit purely of maintaining law and order.
It is said the Pacific will be the new region for conflict and rivalries. The region has become a
Cold War Zone for countries like USA, France, Britain, Japan, Korea, Indonesia, Taiwan,
Singapore, as well as Australia and New Zealand. American, French, Japanese and Australian
interests are evident by the continued occupation and domination of Hawaii, Guam, Eastern
Samoa, Maohi Nui, Kanaky, East Timor, West Papua and Micronesian Island states. Britain
exercises influence through the Commonwealth. Japan dominates the trade. Military and
Security policies are controlled and determined by some of the above nations.
In the region there are numerous emerging human right concerns that need to be addressed.
The issue of national sovereignty, self-determination, economic and social justice,
demilitarisation, ecology and environmental concerns. Most island states are independent but
some are under colonial rule - Kanaky, East Timor, West Papua, Maohi Nui, American Samoa
and some islands of Micronesia. In these islands are groups that advocate home rule and
sovereignty, democracy and freedom. Their struggle for freedom and independence, is
opposed by the military which resorts to repressive measures to destroy these movements.
This results in violation of human rights, people are imprisoned without trial, tortured and
often killed, while in custody. This happens frequently in West Papua, East Timor, Kanaky,
Bougainville and among the Aborigines in Australia.
Militarisation and deployment of weapons in the region have also contributed to human right
violations of the Pacific people. Nuclear testing, weapons storage, incineration, dumping of
waste, missiles installation have contributed to serious environmental and health problems.
Peoples' rights to freedom from fear, disease, loss of land and sea, are in jeopardy. Another
factor that has contributed to human right violations is the exploitation of the natural resources
in the Pacific. Most island nations are forced to produce raw materials for developed and
industrialised countries. The developed countries manipulate prices and regulate trade to suit
their interests, thus, adversely effecting the economies of the island states. The lopsided
development pattern in the Pacific has led to increase of international debt. Pacific people are
losing out in trade arrangements and are unable to keep up the payments of international loans.
Tourism is being promoted on a large scale as a foreign exchange earner. It is destroying the
social and cultural life of the Pacific people.
In spite of the radical changes the world has recently undergone, with the consequent
envisaging of a "new world order", the Middle Eastern region continues to be impregnated by
an "order" that relies on military force. Recent developments and dynamics have not led to real
peace but to new tensions. The people of the Middle East continue to suffer from division,
economic hardship, occupation and conflict, both within and between nations. Hopes for more
democratization have been deferred. Income from the region's natural resources is squandered
on the purchase of arms, mostly from western powers. The region's societies thus remain poor
and underdeveloped. The consequent and growing frustration has led many to turn to
religio-political answers, thus risking the transformation of political conflict into religious
war.
Reiterating our determination to consolidate and renew the commitment to the
fundamental principle of universality of human rights;
Bearing in mind the diversity of cultural and regional Middle Eastern perspectives;
Underlining the relationship between development, democracy and the universal
enjoyment of all human rights and keeping in view the interrelationship and indivisibility of
economic, social, cultural, civil, religious and political rights;
In the light of contemporary trends in the new challenges as they affect the Middle
Eastern region to the full realization of all human rights of women and men, individuals and
communities, including those belonging to minorities and other vulnerable groups;
we now proceed to outline the main areas and clusters of concern, with direct or indirect
bearing on human rights issues in our region. We shall briefly annotate them with the purpose
of making them better understood.
The basic key words here are pluralism and equality.
Large-scale human rights' violations are also generated by wars and conflicts. For the solution
of many Middle Eastern conflicts, there exist many UN General Assembly and Security
Council resolutions. From among these conflicts, we mention here Lebanon, Cyprus,
Palestine/Israel (the occupation of the West Bank, the Gaza strip, East Jerusalem, and the
consequences of such an occupation). We might also add the case of Sudan.
Despite the difficulties it has to face, the Middle East, based on its experience and suffering,
also has the potential to make contributions towards the solution of conflicts and safeguarding
the human rights elsewhere, outside its own region. This, in itself, may be one more indicator
to the world wide community of some of the new challenges.
