Non-government Organizations Are the True Heroes of the Changes to the African Human Rights System - Essay Example

Non-government Organizations are the true heroes of the changes to the African Human Rights system. Origin of Human Rights Human rights are a modern concept and integral part of human history with a huge responsibility of guarding the rights of human beings at international, as well as, global level making it an international norm that incorporates world leaders (Forsythe 2012). Several philosophers have tried to explain the origin of human rights. However, what is clear is that human rights have heavily been borrowed from the Ten Commandments stipulated in the holy bible. Three Generations of Human Rights Principally, human rights have three generations; social –economic, civil –political, and collective developmental human rights. First, the social economic human rights incorporates two ideas, which are norms that are related to provision of goods that are related to social needs such as shelter, health care, education among other social needs, and norms that are related to provision of economic needs such as substantial wages, standard living , social security among other economic needs. Second, a civil – political human rights where two norms are incorporated. One norm revolves around physical and civil security such as equality before the law, opposition to torture and inhumane treatment. On the other norm, civil political empowerments are incorporated like the freedom to assembly, voluntary association, over and above, participation in political activities in a given society. Finally, collective – development human rights also had two divisions; one division is of self determination to people particularly in the political, social, cultural and economic development whilst the other division narrows down to specific human rights in terms of ethnic and religious perspective (McBeth and Joseph 2010). In respect to this, the first generation articulates on liberty and human participation in political life. It has individualistic concepts with negative connotation to protect individual from the states. The second generation had rights that can only be respected by government through fulfilment to individual’s social and economic life. Additionally, the third generation constitutes of rights that are internationally recognised and respected by individuals and states. Of importance to note is that the division of these rights works in accordance to liberty, equality and fraternity stipulated in the tenets of French Revolution (Heilinger and Ernst 2012). Cultural Relativism In Relation To Human Rights and African Charter Cultural relativism is denoted as the concept where local cultural traditions with inclusion of religious, political and legal practices decide on the existence and scope of the human rights that are enjoyed by individual in a particular society. Eventually, it assumes that all culture are equally valid, an argument that is echoed by numerous leaders locally. In respect to this, cultural relativism has greatly contributed to the respect of human dignity through the human rights even at international levels. Due to this, the African Charter was implemented purely concentrate on Human Rights in the African continent in 1981, which entered into force in 1986 leading to the African human rights system (Sinclair 2010). Key current or historical debates in human rights in the developing world as reflected in scholarly works. Human Rights have been debated all over the world by various quotas: people, human rights activists, organizations both local and international. In respect to this, the United Nations established an international watchdog based on the principles of peace, justice, freedom, the rights of human beings, over and above, the Universal Declaration of Human Rights that has been a pathway of continued peace, justice and democracy. In essence, once launched it was clear that this organization had a mandate of performing duties under the management of the human rights principles. McBeth and Joseph 2010 argue that rights of women and children were specified in both Convention on the Rights of the Children (CRC) and Committee on the Elimination of Discrimination against Women (CEDAW). In regard to this, what was once seen as goals by the UN have gradually become obligations especially for those countries that have embraced CRC and CEDAW. The African Human Rights System and NGOs The African human rights system revolves around the African Charter on Human and People’s rights. It is to be noted that the African state has been named as one among many states that have in the past violated human rights although this practise is gradually declined due to the emergence of numerous Non-governmental organization that protect and campaign for human rights. Additionally, the NGOs involve themselves in worthy courses such as poverty eradication, development issues and medical issues such HIV/AIDS, Malaria, family planning among others (Weissbrodt and Vega 2007). In Africa, the African charter on human rights has been an instrument for fight against people’s rights. In 1979, the organisation of African unity (OAU) in association with church groups and nongovernmental organisations drafted the African charter on human rights. In essence, the African charter articulates on both civil and political rights. In addition, the charter has been on the lookout on economic, social and cultural rights of all the Africans. The charter’s specific rights and freedoms include rights to non-discrimination (well spelt out in article 2), liberty and security (article 6), fair trial (article 7), express and disseminate information and opinion (article 9) among many others. In regard to human dignity, the charter stipulates on the right to be free from human exploitation and degradation. This articulates on issues such as slavery, torture, or any other inhuman treatment. In order to have the mandate of the African charter understood by every person, the African commission on human rights was established. It is obligated to promote people’s rights and examine reports given by states in regard to adherence to the African charter’s provisions. Although the African charter is mandated to watch over the human rights in Africa, it is apparent that the charter cannot be as effective as required. In this regard, the issue of the role of NGO’s comes in. As members of the civil society, NGO’s articulate on democracy and human rights. For example, in Nigeria, NGO’s have been on the frontline in fight for peace and good governance. One of the active NGO’s in Nigeria has been Nigerian feminist human rights. This organisation has been fighting for women and other marginalised groups with the push for equality and social justice. On the other hand, UNDP has continuously embarked on embracing human rights worldwide including Africa. In fact, the international organization argues that there is a correlation between development and human beings. According to Sinclair 2010, there is a call for debate in the relationship between economic growth and the human development which has occupied the political scene in the last decade, an issue that has been clarified by some of the scholars that are affiliated to this international organization. Of importance to note is that, countries such as Egypt, Mexico and other similar countries have achieved high levels of growth but have not advanced in the promotion of the human development, a situation that slows down the entire growth of the country. Conversely, countries such as Tanzania have been able to achieve a high level of human development but has a very slow economic growth, a situation that has led to breakdown of social services. In relation to these case, it is advisable that countries should be in a position to balance both human development and economic growth. In general, a sustained development ensures that there is proper human development which further translates to the promotion of human rights. Stone 1965 notes that the human development approaches under UNDP are mandated to enrich human right approaches, a process by which rights are realised as crucial. Schutter 2010 argues that, in China, the concept of human rights has convincingly showed that in contrast to the conventional wisdom denotes that there has been a huge debate pertaining to human rights especially through the twentieth century. Essentially, scholars argue that the concept of human rights was brought about by the Chinese people way before they adopted the infamous Universal Declaration of Human Rights in 1948. This declaration has continuously gained a strong appeal in various parts of China. Of importance to note is that the issue of human rights has been disregarded as a bourgeois slogan for a considerable amount of time before it was embraced. McBeth and Joseph 2010 argue that the China Government had a modern history that tends to justify the current authoritarian system of government. China is renown among the countries that have vehemently ignored the dignity of the human race in the past with most of the inhumanity being related to claims that police have to use force to civilians so as to maintain stability. The African Charter on the Rights and Welfare of the Child, 1990; This charter discusses the right of children and welfare from different types of abuses such as sexual discrimination, gender discrimination in learning institutions, harmful cultural practises like early marriage among others. The Protocol on the Rights of Women in Africa, 2003; This charter was put in place fighting against discrimination that range from inhumane behavior in gender parity, education, torture , cultural practises among other discriminatory activities. The African Charter on Democracy, Elections and Governance, 2007 This charter deals with how African countries are behaving politically in terms of conducting elections, their political governance while practising democracy. The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, 2009 The charter consist of the arrangement that are made in ensuring that human beings who have been displaced by political unrest especially in Kenya get to enjoy their human rights by being offered the basic necessities (Schutter 2010). Key Theories of Human Right Human rights is gradually becoming a form of religion in the world as one the greatest ethical way that is used to measure the treatment that the government is giving to its people. In essence, Schutter 2010 argue that there is a large consensus that articulates judgement of nations against an international moral code that spells out the kind of benefits and treatment for all human beings for the principle reason that they are human. For instance, in Canada much public disclosure revolves around human rights. Moreover, legal documents have been used to protect human rights that were incorporated in the Charter of Rights in Canada in 1982. If anything, Canadians have continually claimed those specific benefits that they desire must be provided as stipulated by the constitution. Of importance to note is that human rights is grounded on high levels of morality. Political activists and commentators have a social responsibility to watch over the United Nations continuous growth in its body of human rights to provide proof that rights exist universally and must be respected by every individual. Forsythe 2012 argues that domestic human rights give a representation of the international rights being locally implemented in reference to been universal although the human rights phenomena is referred to as the most complicated rhetoric of rights in the world. Donnelly 2012 argues that human rights culminated from a philosophical debate that has been present in the last two thousand years in the European societies and those that they colonised. Essentially, the philosophical argument is determined on searching for moral standards that ought to govern political organization, over and above, the behavior that is independent for the contemporary society. This is because a certain percentage of people are against the believe that a ‘right’ must be associated with a particular society or a particular ruling elite, a situation that has led to quest of moral impressive that bring together various societies, their rules over time and from place to place. Conversely, the extraction of human rights for the natural rights faced opposition as most people argued that human rights could only emanate from the laws that govern a particular society and not from any natural or inherent source. Over the centuries, several scholars have continually distinguished human rights from the rest of the rights, over and above, making major amendments on the rights with reference to the change in the world. Weissbrodt and Vega 2007 denote that, human rights cannot be universal due to the fact that, they are more westernized to cater for the European tradition which indicates that individuals are separable from their society. Never the less, arguments have been raise as to whether human right are applied collectively or communally especially now that individuals are viewed as an indivisible element of the whole society. International Relations Theory and Human Rights Human rights is the soul of politics, and its essence is that human beings have the same amount of moral worthiness, and social order exist in assurance that it preserves the essential humanity of its members. Moreover, exercises that surround the forms of political authority have equally based its impact on fundamental human dignity. Weston and Claude argue that international society has based its theoretical perspective with regard to the legitimacy of all states. Of importance to note is that materialization of the principles and practises of human rights are a crucial part on international law, the global society and persistence state abuse. Moreover, human rights politics have provided a check on the behavior of citizens and the international cooperation that is necessary in the transformation of state sovereignty. It is notable that the regime surrounding international human rights come up as a result of the horrors that were brought about by Holocaust that signified war crimes within borders and general international aggression. Those decades that followed were associated with construction and expansion of the international law, monitoring and sanctioning all those institutions that had emerged to intervene on the humanitarian issue. Corradetti 2012 argue that human rights began as a legal defence of the live and substantial integrity of political figures, religious and ethnic minorities from dictatorship and other forms of human rights abuse. For instance, at about the time when the cold war happened, the west sought ways in which they could globalize civil and political rights through the International Covenant on Civil and Political Rights while socialist put more effort on health and education through the International Covenant of Economic, Social and Cultural Rights. Additionally, developing nations continuously fought for collective development, over and above, security for all the non-state actors including organizations. Liberalism and Human Rights Stone 1965 articulate that, liberalism in relation to human rights denotes human rights as a form of moral rights that emerged during the philosophical thought of enlightenment. This meant that there was secularization of the doctrines that are incorporated in the natural law and natural rights. Moreover, Heilinger and Ernst 2012 argue that human beings have rights that are purely in virtue of being human. Thus, the only way to achieve this is to ensure that there is more pursuit of liberal understanding of human rights, over and above, developing an ethical substantive way of putting them in values. Needless to mention that, liberal theory of human rights argue that these rights have a sole purpose of ensuring that the morals of human beings in organized in some ways. Philosophy of Human Rights According to Corradetti 2012 philosophy of Human Rights works with accordance to what is supposed to describe. However, many of the human rights that are analysed in law denote that, human rights in relation to the common law does not bind universally, because it has continually lost depth and breath. Additionally, what could be thought as a supposed right does not necessarily have to be written down as a genuine demand for human rights. Donnelly 2012 argues that there is a huge realization that a number of human rights such as the right to give an opinion in family meetings could not be said to be enacted human right because it entails more of family and is not used more in the outside world. It is worth noting that philosophers have been known to be among the last contributors in the motion of human rights since they have lacked a good institution of lawyers who are in a position to preside the judgement over the use of the concept. Moreover, Heilinger and Ernst 2012 asserts that human rights have been designated in numerous concept since they revolve around respect for human beings that are written down in honour of human dignity all over the world. Sources of human rights law in the developing world Since the universal declaration of human rights in 1948 by the UN, the world has been vibrant in addressing the intrigues of human rights (Donnelly 2012). In the developing world, reported cases of human rights violations have been on the increase. Nevertheless, it is apparent that every part of the world has several instances of human rights violations. Of importance to note is the degree of violation that is reported in most parts of the developing world. It is reported that the biggest share of the impediment of honour of human rights is the culture. For example, many cultures in the developing world assert that a woman battering is allowed by the culture because women are considered subordinate to men. In this regard, women in these areas continue to witness human rights violations. In another dimension, development has been linked with advancement of human rights. Studies have documented that, areas with low level of development experience higher levels of crime, thus recording highest level of human rights violations. This is arguably true because human rights violations have been connected with crime. In addition, the source of human rights laws has been as a result of the process of modernity (McBeth and Joseph 2010). Besides, it is apparent that human rights cannot just be traced by a mere look of how it has developed through historical ideas. It is imperative for the issue of human rights to be also articulated on the basis of it emerging out of human struggles and the constraints of political power. One thing that is evident is the issue of human rights having evolved from the limelight of politics. Political arrangements have shaped how the human rights issues have been articulated upon in many parts of the developing countries. Of great concern has been on how political rearrangements have used human rights violations as the discourse of attaining power. In essence, it is noted that violence, genocides and other human rights violations have been used by political elite to venture into power. Nevertheless, with the emergence of the civil governance political theory, there have been new dimensions of how human rights laws have been formulated in most parts of the developing world (Weissbrodt and Vega 2007). The developments of human rights laws have been developed in light with how people judge the political system address human rights. Human rights have been the heart of any government put in place in major parts of the developing world. This has been as a result of democratic governance and demand by the civil society to have citizens’ empowerment by the government in power (Forsythe 2012). Since many countries in the developing world have been experiencing corruption and other impunities, there has been a drastic shift of how people need the affairs of the government ran. Many people have called for accountability by the leaders in everything they do. Some studies have indicated that in order to have the overall development, it is crucial that the government endorse and value human rights. However, different people view human rights in different perspectives. Nevertheless, the primary view of good accomplishment of honour of human rights is on the basis of the any government to position itself in handling the issue of poverty and discrimination. Case study: Kenya Kenya is a developing country in Africa. There has been tremendous change of how the issue of human rights has been addressed in Kenya. Of importance to note is that human rights issues in Kenya have a long history dated back in the 1960s during colonization by Britain. Various issues of human rights violations were reported to have committed by the colonists. Nevertheless, soon after independence, it is reported that instances of human rights violations persisted and practiced by the government that was put in place. The founding president, Mzee Jomo Kenyatta was accused of bringing in the issue of ethnicity, which was evident in two major tribes (Kikuyus and Lous). The main cause of the conflict between the two communities was the fight for political power and supremacy of the tribes. Several assassinations were reported (Korwa 2013). Soon after the death of President Kenyatta in 1978, his vice president (Daniel Arap Moi) took over power. It is during the Moi era that the issue of human rights violations became rampart. This was highly witnessed during general elections. Instances of post election violence were reported in several parts of the country with many deaths and rape cases being on the rise. The first and worse instance of human rights violations took place in 1991, just one year before the general elections. The biggest share of the blame went to the long lasting land disputes especially in many parts of Rift Valley, Western, and Nyanza provinces. During that time, cases of torture, police brutality, poor prison and police cells (Korwa 2013). Human rights development The Moi regime was not sure of how much freedom they could accord under the multi-party democracy. The International Commission of Jurists-Kenya Section (ICJ-Kenya) was registered in 1974 and acted as a human rights watchdog. The International Federation of Women Lawyers-Kenya Section [FIDA (K)] was the second human rights watchdog. Its main agenda was to offer legal assistance to women. Some of the issues handled by [FIDA (K)] include, violence against women, genital mutilation, and forced marriages. In 1992, Kenya Anti-Rape organization was formed. Its main agenda was to create public awareness on issues about women violence, sexual harassment, and rape. In the same year, the Kenya Human Rights Commission (KNHC) was established. Its main focus was on human rights protection (KNHC 2013). Currently KNHC is the most active body of human rights in Kenya. It has in several occasions kept the government on its toes in regard to various cases of human rights. The commission operates independently and has no control from the government or any other quarter. When cases of human rights violations are reported in Kenya, KNHC has been in the frontline to strongly defend the human rights. KNHC oppose cases of human rights violation in courts and lobbying for demonstrations against human rights violations. In the 2007 post election violence, KNHC played a key role in bringing sanity in Kenya as it was part of the commissions that provided their findings of the post election violence to Koffi Anan, who acted as the mediator between president Kibaki and his opponent Raila Odinga. During the mediation talks, the human rights submitted its findings on the reported cases of human rights violations during the post election violence. It recommendations are argued to have helped Anan in coming up with solutions to the post elections violence and the way forward for the country. Since Odinga opposed the re-election of President Kibaki, the KNHC proposed a power sharing deal between Kibaki and Raila as a way of reconciling Kenya (KNHC 2013). After the talks were over, the chaos in Kenya stopped. In this regard, it is apparent that KNHC plays a crucial role in deliberating on the human rights in Kenya. During the investigations by the International Criminal Court (ICC), KNHC submitted its findings of the causes of 1007-2008 violence to the ICC prosecutor. This was to help the international criminal court with assembling evidence that would lead to prosecution of the perpetrators of the 2008 election violence. In their report, KNHC emphasised on the need to fight impunity in Kenya, as a way of honouring Kenyans human rights. In another dimension, KNHC was in the frontline during the drafting of the new constitution. Its main focus was on pushing for enactment of human rights acts in the new constitution (KNHC 2013). In a more diversified analysis, it is true to argue that KNHC and other human rights bodies have played an important role in deliberating the new era of Kenya that honour human rights. Syria Syria has been under much criticism from the international community as a result of continued crimes against humanity. This has been evidenced by several instances of attack on the civilian population (Human right watch 2013). Since 2011, many lives have been lost in relation to mass protests. The Syria army and security forces have been blamed for using for excessive use of force where it has been reportedly argued that they use live ammunitions on its civilians. Instances of torture and ill-treatment have been reported to have been committed by the security officers. American Kurdish Information Network (AKIN) is a non-profit organisation formed in 1993. This organisation promotes awareness of the situation of Kurds in Syria. They concentrate on bringing human rights cases before the international bodies. In addition, Syria human rights committee is also an independent organisation mandated to defend human rights of Syrian people. In addition, the UN Security Council has also been in the frontline to fight for human rights for Syrian people. In the recent cases of human rights violations in Syria, the UN Security Council was echoed calling for immediate end of the violence, terming the situation as completely unacceptable (Human right watch 2013). Additionally, the council has been supplying humanitarian assistance to Syrian people through the UN humanitarian affairs agency. Another major contribution of the UN Security Council has been advocating for peace and calling for the international community to intervene and continue pressuring the Syrian government to stop civilian violence. In essence, it can be argued that Syria needs a critical evaluation of the call to honour human rights. Basically, this will help the country to realise some developments. It is only after instilling strong human rights organisations that can fight for the rights of the Syrian people, that the country can restore the trust of its citizens. Conclusion Human Rights have been debated all over the world by various quotas: people, human rights activists, organizations both local and international. Human rights is gradually becoming a form of religion in the world as one the greatest ethical way that is used t o measure the treatment that the government is giving to its people. Moreover, human rights is the soul of politics, and its essence is that human beings have the same amount of moral worthiness , and social order exist in assurance that it preserves the essential humanity of its members. Stone 1965 articulate that, liberalism in relation to human rights denotes human rights as a form of moral rights that emerged during the philosophical thought of enlightenment. According to Corradetti 2012 philosophy of Human Rights works with accordance to what is supposed to describe. In another dimension, it is imperative that every government design some mechanisms through which human right issues can be articulated upon. Nongovernmental organisations should be accorded the freedom of exercising their mandates without intimidation or interference from any corner. They should be independent. Additionally, people should be educated on the importance of understanding their rights. They should be sensitised on various ways through which they can detect when their rights have been violated. Additionally, it is the responsibility of the nongovernmental organisations that deal with human rights to educate people on the right channels through which instances of human rights violations can be addressed. Bibliography: Korwa, G., 2013. Human rights abuse in Kenya under Daniel Arap Moi, 1978-2001. Accessed on 15th May 2013 from: http://web.africa.ufl.edu/asq/v5/v5i1a1.htm Corradetti, C., 2012. Philosophical Dimensions of Human Rights: Some Contemporary Views. Dordrecht: Springer. Donnelly. J, 2012. International Human Rights. Boulder, CO: West view Press. Forsythe, D., 2012. Human Rights in International Relations. Cambridge; New York: Cambridge University Press. Heilinger, J. and Ernst, G., 2012. The Philosophy Of Human Rights: Contemporary Controversies. Berlin; Boston: De Gruyter. Human right watch. 2013. Accessed on 15th May 2013 from: http://www.hrw.org/middle- eastn-africa/syria Kenya Human Rights Commission (KHRC). Accessed on 15th May 2013 from: http://www.khrc.or.ke/kenya-human-rights-commission/history.html McBeth, A and Joseph, S., 2010. Research Handbook on International Human Rights Law. Cheltenham, UK; Northampton, MA: Edward Elgar. Schutter, O., 2010. International Human Rights Law: Cases, Materials, Commentary. Cambridge; New York: Cambridge University Press. Sinclair, A., 2010. International Relations Theory And International Law: a critical approach. Cambridge; New York: Cambridge University Press. Stone, J., 1965. Human Law and Human Justice. Stanford, Calif., Stanford University Press. Weissbrodt, D. and Vega, C., 2007. International Human Rights Law: An Introduction. Philadelphia: University of Pennsylvania Press. Weston, B. and Claude, R. Human Rights in the World Community: Issues And Action. Philadelphia: University of Pennsylvania Press. Read More