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RJ Parcon De La Salle-College of St. Benilde MUNFW 63rd Session United Nations Human Rights Council

The Nexus of Individual and Collective Rights According to the Universal Declaration of Human Rights (UDHR), people, regardless of citizenship and race, possess equal and inalienable rights. Thus, everyone should fully enjoy the freedom of speech, belief, freedom from fear and want,1 along with all other rights stipulated under the UDHR and other international human rights documents. Moreover, human rights should be indivisible and universal for each and every person. The UDHR signifies that human rights are vested in each and everyone by birth, representing its permanence, universality, and legality. It must be noted that these rights play a huge factor in the survival of human beings in the community. Therefore, human rights must be protected and enforced by the authorities of the state at all times and at all levels to promote and uphold human dignity, equality, liberty, and fraternity to all.2 Furthermore, according to Michael Goodhart, the universality of human rights also depicts its generality thus they are available to everyone and apply to each person, which then gives the whole community a sense of equality and dignity.3 The universality of human rights also fosters support for individuals and groups that collectively seek freedom and equality. According to author Michael Goodhart, the generality of human rights documents can support and provide a framework for emancipation of people or groups under oppressive regimes.4 The abovementioned statements depict the universality of the Declaration, however, this is not accepted worldwide. Some scholars argue the UDHR compromises its universality and adaptability in different cultures around the world as the UDHR is seen as rather Western in

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orientation, focused on the individual, without acknowledgement of the society of these individuals. Problems establishing and promoting the rights enshrined in the Declaration and other relevant legal documents, such as the International Covenant on Civil and Political Rights, the International Covenant on Economic and Social Rights (ICES), and the International Conference on Population and Development (ICPD), may be evident in non-Western cultures. Furthermore, scholars also argue that these universal human rights tend to undermine the probability of different cultures to turn into universally accepted cultural acts.5 For example, the Ubang and Igbo tribes of Southeastern Nigeria have different notions about the term rights. Among the Igbo, tribespeople regard rights as the peoples inalienable due, rightful entitlements, and ones rightful share. This is in contrast with the description given by the Ubang tribespeople, who refer to rights as a privilege. In connection with this, the sexual and reproductive rights of women of these tribes are bleak, given the sexual principles that these tribes are currently following. The key component of womens sexual and reproductive rights is that sex can be institutionalized, with an open acceptance of concubines in the tribe.6 These rights stray away from the contemporary definition of reproductive rights. The ICPD defined reproductive rights as rights that rest on the basic rights of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive rights.7 This definition of reproductive rights is difficult to attain in several ethnic groups, not only in Africa, but throughout the different regions of the world. Many ethnic groups have different perspectives in terms of sexual activities making reproductive rights a controversial issue. The aforementioned example may be seen in the perspectives of the Ubang and Igbo tribesmen as a denial to their individual and collective rights as a group. More so, arguments that

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regard the UDHR as lacking universality note the differences among various cultures and between all human beings. These arguments established knowledge that the problems of states with different cultures cannot be addressed in a form of universal human rights.8 Several scholars also note that the concept of human rights began in Western states, with the production, implementation, and interpretation of human-rights norms dominated or led by the West. Research professor Michael Freeman argues that each society boasts its own unique history, culture, and traditions.9 Therefore, these differences must be relayed in the establishment and implementation of human rights in different legal international documents to protect the individual and collective human rights of each member of a society. Moreover, even though human rights were established for the protection of the worlds people, there is still tension that human rights are universal. As such, the concept of human rights being universal was also addressed in the 1993 Vienna Declaration and Programme of Action. In particular, the declaration stated that the international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.10 It is imperative to discuss the distinctiveness of both individual and collective rights which are granted to human beings through various international and national legal documents. According to Tel Aviv University professor, Yoram Dinstein, individual rights are granted upon each and every human individually.11 Some of these individual rights include the freedom of speech and belief, freedom from fear and want, and freedom from movement. On the other hand,

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collective human rights are presented to the citizens of a state communally or as a group of people. It must be noted that even though an individual belongs to a group, that individual retains his or her individual rights. Dinstein further stated that there are particular times that individual human rights cannot be fully be enjoyed or expressed unless the collective human right is presented or granted.12 However, according to an argument presented by Jack Donnelly, in any circumstance that there will be a conflict between collective and individual rights, the latter should prevail because if a group is threatening the human right of its member(s), its members may choose to leave the group or even abandon a society, and it must be noted that the best way to preserve and protect groups of people is respecting human rights.13 This was refuted by Dinstein as he also noted in his study that when individuals are involved in a certain issue or predicament, then it shall be their individual rights that prevail. Dinstein argues that when collective rights are the focus of the picture, then it shall be the collective rights of the group that shall be at play rather than of a specific individual.14 Compared to the West, non-Westerners states are said to value the society as a whole more than the individual.15 Micheline R. Ishay stated that communitarians believe that there is no universal law on human rights as communitarians value all the beliefs and practices of all levels of the community by treating these group practices and cultures as equally valid.16 Based on this, human rights documents are criticized as individualistic and universalistic in perspective and it would be difficult to reconcile legal documents pertaining to individual and collective rights. However, this does not entail the forfeiture of different international human rights documents; but rather, it may bring about different interpretations and implementations. The interplay of both individual and collective rights can be observed in multicultural societies. Freeman cited Will Kymlickas statement regarding multicultural societies that in order

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to uplift a certain aspect of the society, other cultures will be at a disadvantage. For example, advancing the official language of the state will be difficult as it does not cover all languages that are spoken by the citizens of the state. As such, there is a discrepancy between justice and impartiality towards minorities groups in a state. Freeman expounded more on this, stating that cultural communities are essential for good individual lives. As individuals inside that particular community, however, they must also have individual rights in order to choose the life that they want to have. In addition to Freemans explanation, the majority of the people of a state, as Kymlicka argues, may also make cultural minorities suffer from disadvantages brought about by the power possessed by the cultural majority. This violates and undermines the members of the minority groups individual and collective rights. He cited two rights stated in the UDHR that might put the minorities in peril the freedom of movement and freedom to vote as these freedoms may enable the majority to get the possession of the minorities cultural land.17 An article by Kamilla Christensen and Jeppe Srensen reinforced the aforementioned statement through citing an example, on May 1953, one third of the inhabitants living in the Greenlandic village of Uummannaq were ordered by the Danish authorities to leave their homes and to live in an area of temporary tents. This forced movement was due to the military strategic importance of Greenland before and after World War II, as Greenland offered a good location to establish weather stations and safe transatlantic transportation routes.18 As Kymlicka noted, in order to protect and secure themselves from such oppression and coercive actions, minorities must use their collective rights to land ownership and demand several measures and steps in order to retain their land.19

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perspective of human rights is not the core of the problem, but rather, it is in the broader perspective of ethnocultural connection within human rights and individualism.20 Human rights opposition is due to opposing views such as the conflict between the collective practices of different cultures and the individual human rights. These issues should not be observed since the problem may be in a larger context that touches upon the issue of how international legal documents regarding human rights are promoted or imposed.21

Questions 1. What are some steps that may be taken by the State and the United Nations as a whole to ensure that both the individual and the society are taken into account at any international human rights document? 2. How will your state address the clamour of different critiques regarding the universality of human rights due to the fact that some may perceive these documents as Western in origin and may have not taken into consideration the different cultures of the world? 3. How will you ensure that even the minorities are not robbed of their rights individual and collective rights as per the example state above? 4. What is your states position with regard to recognizing the collective human rights not only of the minorities, but most especially of the indigenous people? 5. Does your state promote both individual and collective rights? More so, is there a balance between the promotion and implementation of both rights? If yes, how. 6. Is there a universally accepted principle of collective rights? 7. How can various tensions between the two rights in states be solved? 8. How can a state make sure that it is the individual right of a person that is at play on a certain issue and not the groups collective right?

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Notes 1. United Nations, "Universal Declaration of Human Rights." Last modified December 10, 1948. Accessed August 14, 2012. http://www.un.org/events/humanrights/2007/hrphotos/declaration _g.pdf. 2. N. S. Sreenivasulu, Human Rights: Many Sides to a Coin, (New Delhi: Regal Publications, 2008), 2 Human Rights: Foundations and Genesis pp. 16-25. 3. Goodhart, Michael. "Universalism." In The Essentials of... Human Rights, by Rhona K.M. Smith and Christien Van Den Anker, 353-356. New York: Oxford University Press, 2006. 4. Ibid. 5. Freeman, Michael. "Universality, Diversity, and Difference: Culture and Human Rights." In Human Rights: An Interdisciplinary Approach, by Michael Freeman, 119-155. Massachusetts: Polity Press, 2011. 6. Undie, Chi-Chi, and Chimaraoke O. Izugbara. "Unpacking rights in indigenous African Societies: Indigenous Culture And the Question of Sexual and Reproductive Rights in Africa." BioMed Central International Health and Human Rights. (2011). 7. International Conference of Population and Development, "Report of the ICPD." Last modified October 18, 1994. Accessed August 14, 2012. ". 8. Javanovic, Miodrag A. "Are There Universal Collective Rights?." Last modified December 3, 2010. Accessed August 14, 2012. http://search.proquest.com/docview/194784929/1388E06B2935CB5BBCE/9?accountid=28547. 9. Freeman,Michael. Human Rights: An Interdisciplinary Approach, (Massachusetts: Polity Press, 2011), chap. 6 Universality, Diversity and Different: Culture and Human Rights 119-155. 10. Vienna Declaration and Programme of Action, "VIENNA DECLARATION AND PROGRAMME OF ACTION ." Last modified June 25, 1993. Accessed August 14, 2012. 11. Dinstein, Yoram "Collective Human Rights of Peoples and Minorities," International and Comparative Law Quarterly, 25, no. 1 (1976): pp 102-120, http://journals.cambridge.org/download.php?file=/19331_4EA1DBD637DAB4B699001D7A1D D2F721_journals__ILQ_ILQ25_01_S0020589300033790a.pdf&code=a566db990744a44c0efbe 7a12d05dd39&cover=Y (accessed August 15, 2012). 12. Ibid. 13. Freeman, Human Rights: An Interdisciplinary Approach 119-155. 14. Dinstein, Collective Human Rights of Peoples and Minorities, 102-120,

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15. Ibid, 119-155. 16. Ishay, Micheline R. "Human Rights for Whom? Cultural and Group Rights versus universalism." In The Human Rights Reader:Major Political Essays, Speeches, and Documents from Ancient Times to the Present, by Micheline R. Ishay, 189-435. New York: Routledge, 2007. 17. Will Kymlicka, "Human Rights and Ethnocultural Justice," Review of Constitutional Studies, IV, no. 2 (1998): pp 215-237, http://www.law.ualberta.ca/centres/ccs/userfiles/42kymlicka.pdf (accessed August 15, 2012). 18. Christensen, Kamilla, and Jeppe Srensen. Humanity in Action, "The Forced Relocation of the Indigenous People of Uummannaq, or How to Silence a Minority." Last modified 2001. Accessed August 15, 2012. http://www.humanityinaction.org/knowledgebase/13the-forced-relocation-of-the-indigenous-people-of-uummannaq-or-how-to-silence-a-minority. 19. Will Kymlicka, "Human Rights and Ethnocultural Justice," Review of Constitutional Studies, IV, no. 2 (1998): pp 215-237, http://www.law.ualberta.ca/centres/ccs/userfiles/42kymlicka.pdf (accessed August 15, 2012). 20. Ibid. 21. Ibid. Suggested Readings Dinstein, Yoram Collective Human Rights of Peoples and Minorities, International and Comparative Law Quearterly, 25, no. 1 (1976): pp 102-120 http://journals.cambridge.org/download.php?file=/19331_4EA1DBD637DAB4B699001 D7A1DD2F721_journals__ILQ_ILQ25_01_S0020589300033790a.pdf&code=a566db99 0744a44c0efbe7a12d05dd39&cover=Y (accessed August 15, 2012). Freeman, Michael. Human Rights: An Interdisciplinary Approach. Massachusetts: Polity Press, 2011. Freeman, Michael. "Universality, Diversity, and Difference: Culture and Human Rights." In Human Rights: An Interdisciplinary Approach, by Michael Freeman, 119-155. Massachusetts: Polity Press, 2011 Goodhart, Michael. "Universalism." The Essentials of... Human Rights, by Rhona K.M. Smith and Christien Van Den Anker, 353-356. New York: Oxford University Press, 2006 International Conference of Population and Development, "Report of the ICPD." Last modified October 18, 1994. Accessed August 14, 2012 HYPERLINK "http://www.un.org/popin/icpd/conference/offeng/poa.html"

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Ishay, Micheline R. The Human Rights Reader: Major Political Essays, Speeches, and Documents from Ancient Times to Present. New York: Routledge, 2007. Javanovic, Miodrag A. Are There Universal Collective Rights? Last modified December 3, 2010. Accessed August 14, 2012 http://search.proquest.com/docview/194784929/1388E06B2935CB5BBCE/9?accountid= 28547. N. S. Sreenivasulu, Human Rights: Many Sides to a Coin, (New Delhi: Regal Publications, 2008), 2 Human Rights: Foundations and Genesis pp. 16-25 Smith, Rhona K. M., and Christien van den Anker. The Essentials of... Human Rights. New York: Oxford University Press Inc., 2005. Undie, Chi-Chi, and Chimaraoke O. Izugbara. "Unpacking rights in indigenous African Societies: Indigenous Culture And the Question of Sexual and Reproductive Rights in Africa." BioMed Central International Health and Human Rights. (2011) United Nations, "Universal Declaration of Human Rights." Last modified December 10, 1948. Accessed August 14, 2012. http://www.un.org/events/humanrights/2007/hrphotos/declaration _g.pdf!. Vienna Declaration and Programme of Action, "VIENNA DECLARATION AND PROGRAMME OF ACTION ." Last modified June 25, 1993. Accessed August 14, 2012 Will Kymlicka, "Human Rights and Ethnocultural Justice," Review of Constitutional Studies, IV, no. 2 (1998): pp 215-237, http://www.law.ualberta.ca/centres/ccs/userfiles/42kymlicka.pdf (accessed August 15, 2012).