Human Rights Day - December 10
Celebrating Human Rights Day and the 75th Anniversary of the Universal Declaration of Human Rights
By Jamel Nampijja / GICJ
Background
The history of Human Rights Day is closely tied to the creation of the Universal Declaration of Human Rights. After the horrors of World War II, the International Community recognised the need to establish a framework for protecting and promoting human rights as a way to prevent future atrocities.
In February 1947, under a decision from the first session of the Commission on Human Rights (E/259), representatives from different legal and cultural backgrounds, led by former First Lady of the United States Eleanor Roosevelt; Pen-Chun Chang, a Chinese academic and human rights activist; and Charles Malik, a Lebanese diplomat and politician, began drafting the International Bill of Rights.
On 10th December 1948, the newly established United Nations adopted the Universal Declaration of Human Rights (UDHR) at the Palais de Chaillot in Paris. Human Rights Day is observed annually on 10th December and serves as a poignant reminder of the shared commitment to protecting and promoting every individual's fundamental rights and dignity. This significant event marked a global commitment to safeguarding human rights and ensuring the dignity and worth of every individual.
The UDHR stands as a testament to humanity's collective resolve to prevent the recurrence of global atrocities. The UDHR comprises 30 articles encapsulating a comprehensive range of civil, political, economic, social, and cultural rights; these include access to education, employment, fair pay, voting rights, healthcare and more. These rights collectively serve to create a legal framework that holds paramount the values of free speech, privacy, and mutual respect, irrespective of gender, race, ethnicity, or religion.
This year’s Human Rights Day holds particular significance as we commemorate the 75th anniversary of the Universal Declaration of Human Rights with a milestone celebration, named “Human Rights 75” (HR 75). The UN Human Rights Office of the High Commissioner calls for a collective reflection on the progress made since the Declaration's inception, as well as the persistable challenges to the full realisation of its goals. HR 75 invites the global community to join hands in reaffirming the principles of the UDHR and advancing human rights for all.
Additionally, this day also marks the 30th anniversary of the Vienna Declaration and Programme of Action, which paved the way for the creation of the position of the United Nations High Commissioner for Human Rights.
Theme 2023: Dignity, Freedom, and Justice for All
Human Rights Day has a specific theme each year, addressing current challenges and opportunities. Aligned with the overarching celebration of HR 75, Human Rights Day 2023 embraces the theme “Dignity, Freedom, and Justice for All." This theme guides our collective efforts to address current human rights issues, emphasising the ongoing need for advocacy, awareness, and action.
The theme further prompts the human family to renew our dedication to creating a world where the principles of the UDHR are not just ideals but concrete realities for every individual.
In the decades following the establishment of the UDHR, there has been an increasing acknowledgement and assurance of human rights on a global scale. The UDHR has served as the cornerstone for an expanding framework of human rights protection, now extending its focus to include vulnerable groups such as individuals with disabilities, indigenous peoples, and migrants.
Nevertheless, the fundamental principles of dignity and equality in rights promised by the UDHR have faced sustained challenges in recent years. Amid contemporary global issues, including pandemics, conflicts, escalating inequalities, a morally compromised global financial system, racism, and climate change, the values and rights outlined in the UDHR serve as guiding principles for collective actions that ensure no one is left behind.
This year's theme is not a mere call to action; it is a solemn obligation to confront the stark challenges faced by the oppressed and forge a path toward a world where fundamental rights are not just ideals but unassailable truths.
The State of Human Rights Today
Human rights face significant challenges due to a complex interplay of global issues. Factors such as political instability, armed conflicts, rising authoritarianism, and weak governance structures often undermine the enforcement of human rights protections. In some cases, discriminatory ideologies, cultural barriers, and reluctance to embrace diversity impede progress.
Additionally, economic disparities and inadequate access to education and resources also play a role, leaving vulnerable populations more susceptible to rights violations. Moreover, the lack of accountability for perpetrators of human rights abuses further erodes the effectiveness of protective mechanisms.
In pursuing a world guided by Dignity, Freedom, and Justice for All, the following concerns demand our unwavering attention.
Palestinian Occupied Territories
On 4th October 2023, the Human Rights Council held a general debate on its agenda item 7 on the human rights situation in Palestine and other occupied Arab territories.
In the general debate, speakers expressed severe concern over violations of international human rights law in the occupied Palestinian territories. Deprivation of the right to self-determination, extrajudicial killings, restrictions on freedom of movement and assembly and illegal settlements were some of the glaring manifestations of human rights violations of the Palestinian people identified by State and civil society delegates. The situation on the ground has continually deteriorated over recent years as violations of international law by Israel, the occupying power, and settlers persisted.
Palestinian civilians, including children, continue to be subjected to daily arbitrary killings, in addition to the policy of incursions and attacks on Palestinian villages, towns and cities by the Israeli occupation forces and settler groups. Speakers were also concerned about the forced eviction and displacement of many Palestinian families in East Jerusalem, which could amount to the war crime of forcible transfer. Colonisation, confiscations, house demolitions and forced displacement were illegal under the Fourth Geneva Convention.
The UN’s multiple calls to stop the killing of Palestinians in Gaza have been consistently ignored by Israeli forces. The situation escalated dramatically after the October 7 attacks on Israeli towns near the Gaza Strip. Israel’s strong retaliation has been described by UN experts and scholars of international law alike as a “genocide in the making”. Calls for a “second Nakba” and the indiscriminate use of armed weapons have raised concerns about genocidal incitement. With over 11,000 killed, 27,000 injured, and over 1.6 million displaced, the bombardment and siege of Gaza extends far beyond the purview of self-defence. The bombing of schools and hospitals turned shelters have turned these protected areas under international law into “death zones”, making it impossible to exist in Gaza safely.
The relentless military assault on Gaza caused even the UN Secretary-General to issue a direct appeal to Israeli Forces to avoid further action that would exacerbate the already catastrophic humanitarian situation in Gaza and to spare civilians from more suffering. On the 6th December 2023, Antonio Gutierres deployed his ultimate, rarely used power under Article 99 UN Charter to urge the Security Council to take definitive action on the situation threatening international peace and security.
The lasting impacts of foreign interventions in Iraq
The US-led invasion in 2003 and the subsequent occupation resulted in the widespread devastation of much of the nation. More significantly, it led to the total collapse of the Iraqi state, creating a power vacuum that allowed for the rise of extremist groups and terrorism. Between Al Qaeda and Daesh in particular, Iraq was the scene of horrific terrorist acts for over a decade. Just since 2014, some of its major cities, such as Mosul, Tikrit, Amerli, Ramadi and Fallujah, have been almost completely destroyed in the fighting to rid Iraq of Daesh.
But the campaign against terrorism has been used as a pretext by the Iraqi government itself to seek reprisals against those who criticize it and to persecute various minority populations. After the 2003 invasion, the government was reconfigured to allocate power on the basis of ethnicity and family association. This sectarian governance structure is reflected in a broader government attitude favouring certain families and ethnic and political groups in power in Iraq. As a result, the Iraqi security forces and their affiliated militias have conducted campaigns against Iraqi citizens based on sectarian affiliations. They have looted, burned, and destroyed private and public buildings, and, more appallingly, they have perpetrated arbitrary arrests, torture, extrajudicial killings and enforced disappearances against civilians. GICJ has repeatedly documented and reported on a host of such occurrences. One example is a 2016 situation, reported by GICJ to the UN High Commissioner for Human Rights, where 643 persons were kidnapped in Saqlawiya by official militias. The government continues to claim it has no knowledge of the disappeared persons and takes no action to recover them or learn of their whereabouts.
Tensions remained high after the declared defeat of ISIL, with arbitrary and violent suppression of peaceful assemblies a common feature of life across Iraq. In October 2019 a culmination of citizen anger around corruption, a number of linked socio-economic issues but also a lack of accountability for authorities linked to militia and Security Forces led to a wave of protests termed the Tishreen Movement. Again, these protests were met with violence by bodies acting on behalf of the Iraqi government.
Another consequence of the multiple foreign interventions is the subsequent subversion of the previous political and social system is that the Iraqi judiciary is today among the most corrupt and least independent in the world. Judges are often in the pocket of either central government politicians or local militias and dispense “justice” according to the desire of the group in charge. Another problem is the lack of proper criminal procedures and prosecution, which presumes guilt, uses questionable evidence, conducts trials behind closed doors, and imposes the death penalty even for minor alleged offenses
The lasting impact of years of conflict on the population of Iraq is massive. More than 1 million people remain displaced from their homes, with Erbil hosting the highest number of IDPs. Iranian influence has only increased in recent years and led to militias attacks against US military objects, especially near the border with Syria. The Iraqi government unfortunately is often incapable of responding to the needs of its population.
The Human Rights Situation in Congo
During the enhanced Interactive Dialogue on the reports of the High Commissioner and the team of international experts on the situation of human rights in the Democratic Republic of the Congo at the 54th Human Rights Council, the UN Deputy High Commissioner for Human Rights, Ms Nada Youssef Al-Nashif, stated that the human rights situation in the Democratic Republic of the Congo remained of grave concern. Between June 1 2022, and May 31 2023, the United Nations Joint Human Rights Office documented 5,135 human rights violations and abuses, as well as violations of international humanitarian law committed by members of armed groups and the State's defence and security forces, with a majority committed in North Kivu and Ituri. Sexual violence in conflict-affected areas remained of extreme concern, with recorded cases of at least 630 victims, including 444 women, 176 girls and ten men.
Geneva International Centre for Justice
The Geneva International Centre for Justice commemorates Human Rights Day and the 75th anniversary of the UDHR. The UDHR remains a beacon of hope and a testament to our shared humanity, and it continues to guide us in our pursuit of a world where every individual enjoys the inalienable rights and freedoms promised by this ground-breaking declaration.
As the world commemorates the 75 years of the UDHR, let us reflect on the progress made, acknowledge the challenges faced, and rekindle our commitment to upholding human rights for future generations.
GICJ is deeply concerned over the persisting human rights challenges in Palestine, Iraq and Congo. The gravity of both situations demands immediate attention and decisive action from the United Nations member states and the international community.
In Palestine, the relentless violation of human rights, coupled with the enduring impact of occupation, calls for an unequivocal response. Innocent lives are at stake, and the international community must unite to address the systemic issues contributing to this crisis.
In respect of Iraq, there remains a strong need to address the drivers of sectarian distinction and inequality, the drivers of conflict, and a need to strengthen the stabilization efforts across Iraq.
Moreover, in Congo, the prolonged conflict and humanitarian crisis demand urgent intervention. The international community cannot remain indifferent to the suffering of the people in the region. It is time to prioritise peace, stability, and protecting human rights in Congo.
GICJ urges all UN member states and the international community to channel their efforts towards fostering peace, upholding human rights, and ensuring compliance with international law and humanitarian principles in Palestine and Congo. Diplomatic resolutions, dialogue, and concrete actions are imperative to alleviate the suffering of those affected.
The time for passive observation has long passed. Member states of the United Nations must prioritise diplomatic efforts, dialogue, and conflict resolution to end these protracted crises as well as all human rights crises around the world.
GICJ calls on every nation, international bodies and national bodies to join forces, working tirelessly towards a world where human rights are inviolable, peace is paramount, and every individual's well-being is safeguarded.
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