Justice and dignity for all
1989-1990 was a time when Southern terror reigned in the country. I
was on the staff of the Faculty of Law of the University of Colombo at
that time. The university was indefinitely closed and so I worked at the
Bandaranaike Centre as an external lecturer in International Law.
Keynote Speech delivered by
Dr. Charika Marasinghe on the occasion of the 60th Anniversary
Celebrations of the Universal Declaration of Human Rights
organised by the Human Rights Commission of Sri Lanka held on
December 10 - the International Human Rights Day - at the Main
Auditorium, Bandaranaike Centre for International Studies,
Colombo, Sri Lanka. |
I took with me copies of the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights and
distributed them among my students.
Most of my students came for lectures amid severe hardships and
transport difficulties but they came regularly. At the end of my
lecture, they all walked up to me and returned the documents.
When I asked why, they said it was very risky to have them in their
possession and they could be taken into custody under emergency
regulations if they were found with these documents. Talking about human
rights, engaging in human rights affairs and even having documents
relating to human rights with them could land them into severe trouble
with the law.
That was a measure of the darkness of that era. We have come a long
way from that stage, a period of twenty years and during this time there
have been changes for the better even if a small extent.
The challenge before us is to accelerate that progress and make it
more meaningful.
Justice and Dignity is the theme of my lecture. We always talk about
rights. These special rights relate not to a special species of living
animals but to the human animal that has a special consciousness.
How wonderful the beginning of a human life is! It begins with the
union of the mother’s ovum and the father’s sperm but extends for beyond
that biological union and what an amazing reproductive process it is.
The human being has a consciousness that gives rise to thoughts,
feelings and emotions. The human being has five senses like no other
living organism.
What are we protecting through the rights that we are speaking of? It
is this very special human being, this animal called the human being
that we protect with human rights. Is it some other kind of species that
deprives the human animal of his rights? No. Man’s dignity is destroyed
by another human being.
It is sixty years today - December 10, 2008- since the Universal
Declaration of Human Rights was born. We are celebrating the sixtieth
anniversary of Human Rights not in the twentieth century but at the end
of the first decade of the twenty first century. We must therefore talk
of justice and dignity for all with understanding of and sensitivity to
the challenges we face as human beings, as social entities and as a
world belonging to the 21st century.
We are entering the second decade of the 21st century and the world
is awash with breathless expectation. It is also beset with frustration.
Our expectations are legion. Why do I say so?
The greatest achievement of the 20th century was the dismantling of
apartheid in South Africa. In the first decade of the 21st century, the
30-year-old armed conflict between the Irish terrorists and the British
army ended. The dream that Martin Luther King dreamt in his Civil Rights
Movement became a reality on November 5 when Barrack Obama became the
President-elect of the United States of America.
The monarchical system of Government in Nepal is being replaced by a
multi-party democratic system. In the Maldives, a President was elected
under a multi party democratic system this year. And in February this
year, the Kingdom of Bhutan had its first ever democratic elections!
As we step into the second decade of the 21st century, we are also
facing a world full of frustration. Why do I say so?
We are living in a world where 80 per cent of the people live on less
than ten dollars a day. Everyday 26,500 to 30,000 children die of
poverty. A billion people are illiterate and cannot even write their
name.
We are living in a world where the cost of providing a formal
education for every child of school going age can be covered by just 1
per cent of the money the world spends on arms each year.
We are living in a world where 17 countries spent US$ 1214 as war
expenses in the year 2007.
We are living in a world where there are nearly 40 ongoing armed
conflicts.
We are living in a world where 26 million people are internally
displaced owing to armed conflict and oppression. This is more than the
entire population of our country?
We are living in a world where thousands of islands are facing the
threat of being submerged by the sea and where the Maldivian government
is looking for new land to live in.
We are living in a world where, by 2100, the only livable place in
the world, according to the predictions of experts, will be Antarctica.
Beyond all these, we are living in a world where there is a need for
a unified human consciousness that will bring people together-people of
different nationalists, of different countries, of different colour, of
different faiths, and speaking different languages. The need is for
hearts and minds that will rise above these differences.
Our survival depends on the relationship man establishes with all
other living organisms-flora and fauna and the earth and everything in
it, a relationship that transcends man’s self-interest and human
identity and embraces a global identity felt in the innermost recesses
of our being.
Armed with this global identity, there is an essential prerequisite
for stepping into the second decade of the 21st century. If that global
consciousness does not transform our minds and hearts, not only we human
beings but all living beings will be destroyed before the end of the
21st century.
Extraordinary intellectual powers are not needed to predict this
looming disaster. As individuals, as government and non-government
organisations, you, I, and all of us, who bear a direct responsibility
in the field of human rights, we face a challenge in this sixtieth
anniversary year.
What is that challenge? Today in Sri Lanka not only we Sri Lankans
but as I said before every person living upon this earth, every human
family, every human unit, every country, nay, the whole wide world faces
a problem.
As individuals with a sensitive understanding of the human rights
processes, shall we be part of the problem or shall we be part of a
lasting solution to the problem?
The progress achieved to day by the human rights movement has been
due not only to the over 100 international regional and national
documents written in the most meaningful language. At the risk to their
own lives, thousands of human rights promoters, defenders and activities
all over Sri Lanka and all across the world have in these last six
decades translated the rights incorporated in these documents into
action.
If in the field of human rights there is a triumph that we can
celebrate, that celebration has to do with the outstanding personality
traits of the countless people who have through their work left a
lasting legacy in the field of human rights. What then are the
extraordinary qualities of these human rights promoters, defenders and
activists?
1. Their limitless enthusiasm for the cause of human rights. Their
magnanimous heartfelt dedication that transcends narrow self-interest
and personal agendas. Not only human rights promoters, defenders and
activists but also partners in any social transformational mission have
played their role in the midst of numerous risks to life and limb. In
his struggle against apartheid, Nelson Mandela was deprived of his
personal freedom. Over twenty-six of the best years of his life he spent
behind bar.
2. Their steadfast moral conviction and ethical judgement in the
human rights process.
In his historical presidential victory, Barrack Obama displayed this
moral judgment or justice that I am trying to explain here. In the midst
of the most vicious criticisms and attacks, he showed the discipline and
moral judgment of a true leader. Let me illustrate this quality with a
little example.
During the presidential campaign, Mr. Obama participated in a meeting
in a church organised by a white American Senator from that State. At
the end of his speech he said, “I welcome you to my house.” Many people
in the audience thought this remark to be racist and they waited
anxiously to hear how Mr. Obama would respond. He stood up to give his
address and began by paying a tribute of the white Senator for his
services to the State.
Then he turned towards the white Senator and said, “This house is my
house too. this house is the house of God.” That was a mature response
to the white Senator’s unreasonable remark and his praise for the good
qualities of the white Senator reflected Mr. Obama’s noble qualities.
Another example is Mr. Obama’s praise last week for President George W.
Bush’s AIDS relief programme in the continent of Africa.
3. Human rights promoters, defenders and activists set about their
struggle armed with a sturdy sense of self-discipline. As human rights
promoters, defenders and activists, we have to work not only among the
victims of human rights abuses or people on the verge of such abuse but
also with people who are guilty of human rights abuses.
I consider both the victims of human rights abuses and those guilty
of human rights violations as teachers of human rights.
It is they who awaken and develop our awareness and wisdom. More than
through my two university degrees in human rights, it is in the
‘university of human rights violations’ that I received the deepest and
most realistic human rights lessons; I learnt them from the victims of
human rights violations and from the perpetrators of such violations.
Sadness and grief arise in the hearts and minds of both victims and
perpetrators of human rights violations. That is not all; in their
hearts and minds grow the seeds of animosity, hate and revenge.
Therefore, as human rights activists, we should not be partners in the
hate and animosity of victims and perpetrators of human rights
violations.
If that happens, we shall not be able to perform our legal and moral
functions for either victims or perpetrators of human rights abuses. Let
us remind ourselves about Gandhi’s famous quote ‘Hate the sin, not the
sinner.’
Thus, the essential quality we must always nurture is a strong
ethical sense of self-discipline.
The importance of this cannot be overstated.
Within these human rights processes human rights activists had a
robust faith in the work they did in the name of human rights, liberty
and human dignity. They tried to develop a deeper sense of
self-knowledge through their struggles. Mahatma Gandhi’s following
statement is amply relevant in this respect.
“I have only three enemies. My favourite enemy, the one most easily
influenced for the better, is the British Empire. My second enemy, the
Indian people, is far more difficult. But my most formidable opponent is
a man named Mohandas K. Gandhi. With him I seem to have very little
influence.”
4. The human rights promoters, defenders and activists looked for a
communication medium that touched human hearts and brought the national,
regional and international conventions, declarations and documents that
protect human rights into close communion with their innermost being.
When his church was bombed and several people were killed, Martin Luther
King said:
“We will match your capacity to inflict suffering with our capacity
to endure suffering. We will meet your physical force with Soul Force.
We will not hate you, but we cannot in all good conscience obey your
unjust laws. But we will soon wear you down with our capacity to suffer.
And in winning our freedom we will so appeal to your heart and
conscience that we will win yours in the process.”
Former Juvenile Court Magistrate a Poetess herself lyrically
described with sensitivity the plight of a child witness in a child
rights violation situation that came up before her
Witness
Officers in police uniform
And black coated men
in court
They ask me something
unknown
Beyond my
comprehension
I do understand
The story of blossoming
flowers wild
The quietly moving
soft breeze
Of fluttering stamens,
the fragrance that abide,
Mangoes tangerines
and cadju nuts
Juicy and tasteful
All this I understand
Would love to describe
I’ve seen a tiny deer
Sucking its mother
A tiny little rabbit
Leaping around its mother
A butterfly in flight
The shape of
beautiful wings
All this I understand
Would love to describe
A leopard jumped on me
In my dreams I fought
Sharp nails scraped me
I cried distraught
It hurt me dear sir
I bled dear sir
As drowsy eyes flickered
My uncle lay beside
That’s all I know
5. Human Rights promoters, defenders and activists in the past were
not only alert to changes in the socio-economic, political and legal
spheres, but they enriched their personalities through updating their
knowledge to the ground situation in these spheres.
Our ancestors blended the knowledge, experiences and information
gained from external sources, with their own wisdom and the voices from
their hearts for the cause of human rights. It is in their forceful
spirit that they put into action their vision.
We, the promoters, defenders and the activists in the 21st century
are blessed with additional resources and tools in the form of
scientific and technological advancements. Therefore, it is essential
for us to broaden our knowledge and experiences from all fronts and give
our fullest contribution to the cause of human rights. For us -
promoters, defenders and activists, human rights should be a life-long
learning process.
In a way human rights conventions are like the rib cage. Human rights
protect various civil and political rights, social, economic and
cultural rights, women and children, the disabled, and the abducted and
the displaced.
If I were to compare these to the human rib cage, then its every
cell, every organism, every blood vessel, receives life from a new
global consciousness that guides dedicated people such as yourselves to
nurture and safeguard human rights.
So far, we have spoken about arming ourselves, our minds and hearts
in the cause of human rights. Now let us spend a few minutes to consider
a few points to help government and non-government organisations to
become a part of the solution rather than be a part of the problem.
1. We should strengthen and sustain the people’s trust in government
and non-government organisations.
2. Every function of government and non-government organisations must
be firmly rooted in a strong foundation of independence and
impartiality, free from partisan considerations, in order to ensure on
equitable dispensation of justice.
3. Government and non-government organisations in the field of human
rights must use their powers only within the framework of the legal and
moral authority. They will thus be able to build a special identity and
moral image for themselves not only within Sri Lanka but also in the
international community.
4. Government and non-government organisations in the field of human
rights should provide leadership for incorporating essence of the human
rights conventions that protect human rights and human dignity into the
spiritual and moral values upheld in the teachings of Buddhism,
Hinduism, Christianity and Islam and other world religions, which
provide guidance for the Sri Lankan people.
The vision that we have been talking about should help adult human
rights promoters, defenders and activists on this historic day to
earnestly develop a human consciousness drawn from a global identity.
Then, a legacy that is a hundred fold greater and more powerful than
the legacy bequeathed by the older generation of human rights promoters,
defenders and activists of the last sixty years, will be the happy human
rights inheritance of future generations who would be living when the UN
Charter celebrates its centenary. |