http://www.countercurrents.org/jayaram101212.htm

*Universality Of The UDHR*

*By N. Jayaram*

10 December, 2012
*Countercurrents.org*

Ever since the Universal Declaration of Human Rights (UDHR) was adopted and
proclaimed by the United Nations General Assembly on 10 December 1948,
detractors from the right and left have sought to chip away at, if not
torpedo, the conviction that the 30-article document represents the
universal aspirations and affirmation of all of humanity.
http://www.un.org/en/documents/udhr/<http://www.google.com/url?q=http%3A%2F%2Fwww.un.org%2Fen%2Fdocuments%2Fudhr%2F&sa=D&sntz=1&usg=AFQjCNG7tIeotMMFGUhn3Uiwhwha9FXlhQ>

Some Western commentators pretend that the UDHR can be traced to the Magna
Carta, which is seen as an entirely Western achievement and document, and
to the European Enlightenment, the implication being that non-Western
heathens couldn’t possibly have conceived of such fine notions as democracy
and human rights.

Exalted Europe merely adopted certain discoveries and inventions of the
Chinese, Indian, Mesopotamian and Egyptian civilizations to do with
astronomy, mathematics and physics and some knick-knacks such as silk and
pepper and had no use for philosophy and other intellectual pursuits (what
intellectual pursuits? Forsooth!): such is the implication of their
thinking.

This is dismissed brilliantly by someone who knows the West and the East
like few other and who has traveled the far corners of the globe in a long
international career: Bertrand G. Ramcharan, the Guyanese legal luminary,
diplomat and educationist, who had been acting UN High Commissioner for
Human Rights, says in his book Contemporary Human Rights Ideas: “Although
the idea of human rights has seen great intellectual fermentation in
Western philosophy and practice since the Magna Carta of 1215, this
intellectual activity drew on earlier ideas of law, justice and humanity
from ancient civilizations…

“The quest for justice in Babylon, China, India, Egypt, wider Mesopotamia,
Persia and Sumeria long predated that drive in Western civilization.”

Pierre-Etienne Will, in his authoritative work, La Chine et la democratie,
devotes an entire chapter entitled “Chinese contribution to the Universal
Declaration of Human Rights” and notes that the main Chinese drafter P.C.
Chang (Chang Peng-chun/Zhang Pengchun/張 彭 春;) “…insista dans son discours
devant l’Assemblee generale, au moment du vote final, sur le fait que deux
siecles plus tot la pensee chinoise avait influence l’emergence de la
notion de droits de l’homme dans l’Europe des Lumieres a travers les
traductions de “philosophes chinois” qu’avaient pu lire Voltaire, Quesnay
ou Diderot.”(My translation: As the General Assembly prepared to vote,
Chang stressed that two centuries earlier, Chinese thought influenced the
emergence of the human rights notion during the European Enlightenment,
through translations of Chinese philosophers that Voltaire, Quesnay or
Diderot was able to read.)

P.C. Chang was not the only one putting a Chinese stamp on the UDHR.
According to Prof Will, other leading Chinese diplomats and intellectuals
such as C.L. Hsia (Xia Jinlin), John C.H. Wu (Wu Jingxiong), T.Y. Wu, Wu
Nanru and Luo Zhongshu took an active part in the proceedings.
It is particularly poignant to recall the Chinese role in the UDHR today,
10 December as the recipient of the Nobel Peace Prize, jailed dissident Liu
Xiaobo, and his associates were prevented from going to Oslo on this day in
2010 by a nominally communist regime of marauding moneybags riding
roughshod over a populace deprived of trade union rights, not to speak of
other rights.

The following page from a website dedicated to Eleanor Roosevelt and the
UDHR lists the main people who took part in its drafting:
http://www.erooseveltudhr.org/index.php?option=com_content&task=view&id=23&Itemid=80<http://www.google.com/url?q=http%3A%2F%2Fwww.erooseveltudhr.org%2Findex.php%3Foption%3Dcom_content%26task%3Dview%26id%3D23%26Itemid%3D80&sa=D&sntz=1&usg=AFQjCNFn1hAJQui7VvKKSaV2Fk1MfOfqkQ>
And what a fine list it is. Little is known today of the Iranian Abol
Ghassem Pourevaly and the Egyptian Omar Loufti today but Charles Malik is
remembered as a philosopher turned adept diplomat who had a great influence
as representative of the Arab League who intervened brilliantly to steer
the declaration through the emerging treacherous Cold War currents.

Gita Sahgal, in an insightful article in openDemocracy, points out the role
of Pakistani diplomats, Begun Shaista Ikramullah and Mohammed Zafrullah
Khan in the hammering out of the UDHR.
http://www.opendemocracy.net/5050/gita-sahgal/who-wrote-universal-declaration-of-human-rights<http://www.google.com/url?q=http%3A%2F%2Fwww.opendemocracy.net%2F5050%2Fgita-sahgal%2Fwho-wrote-universal-declaration-of-human-rights&sa=D&sntz=1&usg=AFQjCNHUgZ-yZqlJjMwoIHvK9cVjsaJQSQ>

According to Dr Allida Black of George Washington University, who is an
authority on the life of Eleanor Roosevelt, she was “particularly close to
(free India’s first prime minister Jawaharlal) Nehru, (Charles) Malik,
Hansa Mehta – and she read intensely. Particularly Gandhi, Tolstoy,
Dickens, the Bible, the Koran, and Pearl Buck.”

Hansa Mehta “made sure the Declaration spoke with power and clarity about
equal rights for women well before they were recognized in most legal
systems,” says Mary Ann Glendon, author of A World Made New: Eleanor
Roosevelt and the Universal Declaration of Human Rights.

This is a Hansa Mehta few of us in India know much about.

Historian Ramachandra Guha, in his now famous book India After Gandhi: The
History of the World’s Largest Democracy notes her intervention in the
drafting of the country’s constitution and expressing herself firmly in the
Constituent Assembly in favour of real equality between men and women
rather than crumbs: “We have never asked for privileges. What we have asked
for is social justice, economic justice and political justice. We have
asked for that equality which alone can be the basis of mutual respect and
understanding and without which real cooperation is not possible between
man and woman.”
She said that 60 years ago and the words remain fresh. So it is high time
we put an end to any notion that the origins of the UDHR were less than
universal.

But what about its application?

Here, first a couple of generations of misguided or cynical lefties,
spurious Third Worldists and then a motley gang of Asian Values types has
mounted numerous assaults to erode the consequences of the UDHR. Actually a
lot of the lefties matured out of a visceral suspicion of human rights talk
either because they, well, tired of their meaningless rant, opening their
eyes to the suffering of the real people around them or acquired other
interests such as in the corporate world or in positions of power.

The Asian Values crowd has remained more of an insidious influence. When
articulated by leaders such as Lee Kuan Yew, Mahathir Mohamed and – though
not in the same language but certainly the same spirit – the Beijing
authorities, it makes for a seductive message especially as they have
succeeded in delivering runaway economic growth rates while keeping their
citizens’ mouths firmly shut.

But there is nothing particularly Asian, African, Arab, European or
American about being bewildered when one’s livelihood is threatened. When
cynical developers, backed by politicians in their pay, come knocking down
entire blocks of houses of poor people and the latter shout and scream and
try to march to a government office seeking justice, there is nothing
regional or ethno-specific about it. This happens, and has happened,
everywhere. Hapless people, without even having read the UDHR, assert
rights that regimes everywhere fail or have failed to guarantee.

Right to life, to food, to associate with fellowmen and women in seeking
justice or redress for gross instance of injustice: there is nothing
unAsian or unAfrican or unArab about it.

Not only scholars such as Amartya Sen or Yash Ghai but leaders including
Kim Dae-jung (himself a victim of the South Korean dictatorship who went on
to become a democratically elected president) have convincingly derided the
Asian Values claims.

One of my former teachers, Professor Suzannah Linton, takes an extremely
dim view of persisting questions in Asia over universality, pointing out
that ALL countries attended the World Conference on Human Rights in Vienna
(June 1993) and adopted by ACCLAMATION, meaning without disagreement, the
Vienna Declaration and Programme of Action which said: “Universal
Declaration of Human Rights, which constitutes a common standard of
achievement for all peoples and all nations, is the source of inspiration
and has been the basis for the United Nations in making advances in
standard setting as contained in the existing international human rights
instruments, in particular the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and
Cultural Rights… The universal nature of these rights and freedoms is
beyond question.”
http://www.unhchr.ch/huridocda/huridoca.nsf/(symbol)/a.conf.157.23.en<http://www.google.com/url?q=http%3A%2F%2Fwww.unhchr.ch%2Fhuridocda%2Fhuridoca.nsf%2F%2528symbol%2529%2Fa.conf.157.23.en&sa=D&sntz=1&usg=AFQjCNHHyn6kHZe3Req5rupojnf6T3eFQQ>

The trouble, however, is that the so-called “Beijing Consensus” – shorthand
for an opportunistic alliance of authoritarian and corrupt regimes that
routinely trample on the rights of their peoples – seems at times to be
gaining ground merely because some (some, not all) of the Asian
dictatorships seem to have done well while some democracies are muddling
along.

Fortified by and believing their own lies, the regimes carry on with
impunity.

But, try as these regimes might to airbrush out the idealistic slogans they
had only recently been mouthing and proclaiming on walls all over, the
animals outside do have some semblance of memory.

They remember vividly the times when the wall said All Animals Are Equal.
They shall inherit.

*N. Jayaram *is a journalist now based in Bangalore after more than 23
years in East Asia (mainly Hong Kong and Beijing) and 11 years in New
Delhi. He was with the Press Trust of India news agency for 15 years and
Agence France-Presse for 11 years and is currently engaged in editing and
translating for NGOs and academic institutions. He writes a blog:
http://walkerjay.wordpress.com/<http://www.google.com/url?q=http%3A%2F%2Fwalkerjay.wordpress.com%2F&sa=D&sntz=1&usg=AFQjCNFKHNm375t5e0ffWJdmuqc01dDzgw>

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