Fifty years of human rights: An assessment

By Han Sung-joo

This is the second of two articles based on a paper presented at the Colloquium on Human Rights and Human Responsibilities co- sponsored by the Asia-Europe Foundation and Die Zeit from Nov. 20 to Nov. 21 in Hamburg, Germany.

HAMBURG: Turning from some of our successes of the past 50 years -- namely the increased acceptance of an expanded definition of human rights and the growth of legal instruments, institutions and actors in the field -- I'd now like to look ahead at some of the major challenges we face.

Two of the most immediate obstacles have been the absence of supranational authority and the presence of divisive power politics. But perhaps the most serious hindrance to progress has been the divergence in attitudes toward human rights between developed and developing states, between democratic and non- democratic nations, and between many Asian and Western countries.

There has been debate on whether the quest for human rights is inherent to human nature or relative to different cultures. There is also debate on whether economic development or the promotion of human rights should take precedence. In my view, however, debates such as these are spurious. They are spurious mainly because the two sides in each of the debates carry their arguments to extremes.

Take as an example the relationship between economic development and human rights in Asia. To introduce the topic properly, we should define briefly the concept of "Asian values," which is a subject of some debate among scholars and politicians. Values that can be generally described as peculiarly Asian include an emphasis on consensual approach, a communitarian rather than individualist focus, social order and harmony, respect for elders, and a paternalistic state that includes the primary role of government in economic development.

With regard to human rights, there are those who claim that the Asian culture has a standard of human rights that differs from the standard of human rights in the West.

In some cases, the Asian concept has helped Asian governments and leaders justify supporting their own national brand of human rights at the expense of universal human rights standards. This "Asian values" mentality tends to value communal obligations over individual rights.

This view, for example, could be carried through to the extent that group interests overrides certain rights of individuals, such as the right to own property. This presents the thorny problem of how to balance and harmonize group and community interests on the one hand and the rights of individuals on the other.

A second aspect of the "Asian values" debate that is often discussed is economic. Many Asian countries have undergone and are undergoing rapid industrialization and economic development. This can present a dilemma. While economic growth admittedly contributes to democratization, which in turn will ultimately promote human rights, the imperatives of economic growth often provide the rationale to override the imperatives of human rights.

Thus, we have a dilemma: Should we seek economic development at the expense of human rights so that eventually prosperity will bring about democracy which will ultimately promote human rights? Or should we promote human rights from the beginning regardless of its consequences for economic development.

An added disincentive to choosing the latter course is that the mercantilist as well as political interests of the advanced countries, which tend to be more human rights-conscious, sometimes make them soft-pedal human rights issues when it comes to dealing with their conspicuous violators.

A third challenge to the primacy of human rights, which is not limited to Asia, is what is often termed "security requirements." In this case, governments use claims of national security to justify laws, institutions and practices which could violate human rights.

As in the case of economic development, this poses a dilemma. While security is a human right in itself, very often individual human rights are ignored or violated in the name of the larger security. The fact of the matter, though, is that while regional and national circumstances need to be taken into account in the promotion and protection of human rights, history shows us that special circumstances do not justify abuses of human rights. As with the need for economic development, security requirements can never be used as excuses or justifications for the abuse of human rights.

The proper balance between individual rights and the good of the community at large, the relationship between human rights and economic development, and the tension that sometimes arises between individual freedoms and national security concerns continue to be a source of disagreement among Asians and non- Asians alike.

In dealing with this dilemma, we should bear in mind that a simplistic and self-righteous approach could be counterproductive by provoking another powerful human sentiment in response, namely, nationalism. Instead, emphasis on the areas of agreement should be the starting point in an effort to arrive at a basic definition of human rights that is acceptable to both sides. Compassion and pragmatism, rather than subjective moralism, should be the guiding principle.

Indeed, when it comes to the minimum requirements, the fight for human rights is inherent to human nature. Human rights are something mankind is eventually bound to cherish and aspire to regardless of political or economic circumstances. The most basic rights cannot be altered according to circumstances. And it is neither justifiable nor appropriate to deny some human rights in order to guarantee others.

As we discuss ways to promote human rights, we should pay particular attention to the importance of two interrelated elements which are clearly working in our favor: the free flow of information and the integration of the state in the international order.

The days when governments controlled the flow of information among their people are over. Free information always works for the promotion and protection of human rights. In the same vein, the more a state becomes integrated in the regional and world order, the less likely it is that gross violations of human rights will occur. The power of positive example cannot be underestimated. Twentieth century history bears witness to the fact that only democracy and human rights ensure the full blossoming of individual potential, which in turn forms the basis for political, social and economic development.

At the same time, we have to bear in mind that the journey toward universal human rights cannot be completed overnight. It is a long and arduous process to be achieved concurrently with other tasks and at different paces in different places. Neither for Korea nor Asia nor the rest of the world has the task been fulfilled.

At the 1993 World Conference on Human Rights, I participated in the adoption of the Vienna Declaration and Action Program. The Action Program in particular laid out a total of 39 items to be implemented by the various governments, international organizations, and NGOs. Judged against the standards set by the Action Program, we realize how each of our nations has human rights challenges not yet met.

If I may conclude on a lighter note -- I recently came across a rather lengthy list of "golden" anniversaries being observed this year. This inventory of memorable events noted, among other facts, that 50 years ago in 1948: the Honda motorcycle was introduced by Japanese entrepreneur Soichiro Honda; the McDonald brothers opened their first hamburger restaurant; the LP vinyl record was unveiled; and the Cold War began here in Germany as the Soviets cut off access to Berlin from the west and the Allies responded with the airlift.

Oh yes, and the adoption of the Universal Declaration of Human Rights in Paris also made this 50th anniversary line-up! I am happy to note, 50 years later, that this particular item has not gone the way of LP records. Instead, not unlike the motorcycle and the Big Mac, the Universal Declaration endures and flourishes! So for this we can all be grateful.

In 1998, we commemorate and celebrate 50 years of progress since the epochmaking Universal Declaration of Human Rights. But we take serious note the challenges that remain. With our common efforts to achieve the goals set forth in the Declaration, we must persist so that we can say to future generations that we have opened a new and bright chapter of human rights for the 21st century.

Han Sung-joo is professor of international relations and former foreign minister of South Korea.

Window: ...the journey toward universal human rights cannot be completed overnight. It is a long and arduous process to be achieved concurrently with other tasks and at different paces in different places.