ADVICE

A REGIONAL VIEW ON RIGHTS

by Victor Cuffy

INTRODUCTION

The development of an International Human Rights System is one of the outstanding achievements of the second part of the twentieth century. The Universal Declaration of Human Rights which was adopted and proclaimed by the General Assembly of the United Nations on the 10th December,1948 described the rights set out in its 30 Articles as:

“A common standard of achievement for all peoples and all nations to the end that every individual and every organ of society, keeping the Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms”.

The Universal Declaration was joined in 1976 by the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) to form the International Bill of Human Rights. Human Rights worldwide are recognized as Civil, Political, Economic, Social and Cultural. They form a comprehensive system of rights and are indivisible.

Our concern in this presentation is on “A REGIONAL VIEW ON RIGHTS”. The main focus of our concern in the Region is the Commonwealth, but not exclusively so.

A REGIONAL VIEW ON RIGHTS - CIVIL AND POLITICAL RIGHT

A great deal of the work in promoting human rights in the Region has been done on Civil and Political Rights. This has been to the detriment of promoting Economic, Social and Cultural Rights. In the Caribbean Human Rights Network (a.k.a. Caribbean Rights) our human rights work has promoted Democracy. Free and Fair Elections, Prison Reform, Combating Police Brutality and Illegal Methods. The Administration of Justice, Human Rights Education, the Death Penalty and the Elimination of various forms of Discrimination. Caribbean Rights has also done work in promoting Women’s Rights. But I see this as going beyond the realm of Civil and Political Rights, taking in Economic and Social Rights as well.

There is an on going and sometimes bitter debate in the English Speaking Caribbean countries, over what some of the Caricom governments refer to as being hamstrung in their ability to carry out the Death Penalty, by hanging people. They say they are frustrated in their efforts to do so by human rights lawyers and activities, the Privy Council, and what they consider to be the delays of the Human Rights Committee under the ICCPR, in making decisions on Communication from individuals or States which have ratified or acceded to the ICCPR, and also its First Optional Protocol.

In 1998 the Government of Jamaica gained the dubois distinction of being the first country withdrawing from and denouncing the First Optional Protocol of ICCPR. Later that year, the Government of Trinidad and Tobago withdrew from and denounced the American Convention on Human Rights and also from the First Optional Protocol to the ICCPR, in order to facilitate the use of the death penalty. The Government of Guyana did the same.

After withdrawing from the Optional Protocol of the ICCPR the Government of Jamaica and Trinidad and Tobago – re-acceded to the said Human Rights Treaty, but with a major difference. They made reservations purporting to preclude the Human Rights Committee from hearing communications from people under sentence of death on matters relating to detention, prosecution trial, conviction and sentence on the carrying out the death sentence, and any other matters connected with it.

Such reservations emanating from the Caribbean Region are most retrograde and must be condemned. They deny individuals their rights under the mechanism for individual complaints under the Protocol.

Coming at the very end of the this twentieth century and in the year of the fiftieth birthday of the Universal Declaration of Human Rights (UDHR), and coming after the exhortation at the World Conference on Human Rights in Vienna in 1993 for the universal ratification of Human Rights Treaties, this backward step by the States mentioned surely will deny a large number of the people in the Caribbean from enjoying their rights under International Human Rights Law.

Let me say here that Caribbean Rights and all of its Affiliate Human Rights Members Organizations in the Bahamas, Belize, the Dominican Republic, Guyana, Haiti, Jamaica, Puerto Rico, Surinam and St. Vincent and the Grenadines call on the States concerned to withdraw their Reservations to the Optional Protocol of ICCPR and return their citizens their rights under the relevant International Treaties. We also are-iterate a call for the Abolition of the Death Penalty in the Region.

In the Caribbean very little attention is given to the VICTIMS OF CRIME. The time has come for Regional Governments and Non-Governmental Organizations (NGOs to devote serious and meaningful attention to the plight and problems of Victims of Violent Crime, and their families.

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

It is in the area of the promotion and protection of Economic, Social and Cultural rights that the Caribbean Region is lagging. But this is not unique to the Caribbean. It is so in many democratic and free enterprise countries. We hear of all sorts of Conference, Seminars, and Colloquia in the Caribbean on Civil and Political Rights issues, but not much on Economic, Social and Cultural Rights. it is this area of rights – Economic, Social and Cultural Rights – that we must now zoom in on in the Caribbean. We should also add that the Human Rights to development is an important issue in this regard. But, when we do this, we must also carry on our work in promoting Civil and Political Rights as well.

Article 2 of the ICESCR stipulates that “States Parties to the present Covenant undertake to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the rights recognized in the present Covenant by all appropriate means – including particularly the adoption of legislative measures.”

Article 11 state that: “Everyone has the right to an adequate standard of living for himself\herself and family, including adequate food, clothing, housing, and to the continuous improvement of living conditions.”

Poverty is on the increase in many countries of the Caribbean. Unemployment is high and adverse socio-economic conditions are the reality. People whose lives are degraded by unemployment and poverty feel unwanted and excluded from society. If we want a Region that respects human dignity and human self respect we must endeavour to provide for all the people – especially the poor, the disadvantaged, and the unemployed, the opportunity to achieve an adequate standard of living, and a proper clean and comfortable environment in which to live.

AN OPTIONAL PROTOCOL TO THE ICESCR

Some experts say that Economic Rights are not justiciable because they cannot easily be protected by legal means. But since Economic, Social and Cultural Rights are an important part and parcel of the totality of human rights norms, it is necessary to make State parties accountable to their citizens in promoting those rights, not only by their Report to the United Nations Committee on Economic, Social and Cultural Rights, but by their citizens placing Communications under an Optional Protocol.

We are heartened that the world Conference on Human Rights held in Vienna in 1993, recommended that the Commission on Human Rights, in co-operation with the Committee on Economic, Social and Cultural Rights should continue with the examination of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The latest on this issue is that such a Protocol is very much in the making. We urge all Caribbean States to ratify the ICESCR and any Protocol that may be forthcoming.

THE RIGHTS TO DEVELOPMENT

The ultimate aim or objective of development ought to be to better the lives of the people in the region. It is more than economic factors. An increase in the GNP of a country from time to time, is not enough, although positive in itself. There must also be environmental development which will aid in improving the quality of life.

I support the view that the Right to Development is a human rights, and see it as a wide combination of economic, political, social and cultural forces coming together in a nexus which aids improvement in the daily lives of the people.

Development in Third World or Developing countries such as in the Caribbean needs capital and technological know-how. Development countries are more inclined to grant such aid to countries that endeavour to respect human rights. It seems sensible and, it would also activate a sense of inclusion and partnership, for NGOs and Community Based Organization (CBOs), active in human rights and various forms of development to be given effective opportunities to join with Governments in the formulaton and implementation of developmental aid projects and their delivery to the people.

The theme of this Retreat is: “A RIGHTS BASED APPROACH – WHAT IT MEANS FOR DEVELOPENT IN THE CARIBBEAN.” For a right based approach to development to become possible and workable, Caribbean Governments must set up National Human Rights Bureaus to help in ensuring the promotion and protection and defense of human rights. Such human rights bureaus, although funded by Governments, should be allowed to function independently. Such Bureaus should work closely with NGOs in promoting an agenda of human rights. Where no Human Rights NGOs exist, as in the case in some Eastern Caribbean countries, encouragement and assistance should be given by existing NGOs in other countries in the region.

CONCLUSION

A Regional View of Rights in the Caribbean on the even of the twenty –first century must promote economic, and social development and social justice. Important aspects of this promotion must be:

1. Working for the eradication of poverty. Since women and children are the most affected more attention need to be given to their plight.
2. Development must be more people centred and tailored to meet human needs.
3. Implementing economic programmes and strategies which will promote employment and decrease unemployment.
4. Continue to promote and protect the human rights of women and children. All Regional Governments that have not ratified the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) must do so.
5. Promote diversification in agricultural production from bananas; especially in the Windward Islands and continue in improving quality.
6. Promote human rights, human rights education, democracy and the rule of law which are essential in promoting an environment of stability in which socio-economic development can be achieved and environment degradation be beaten back.
7. Promote people’s participation in governance and encourage more self-rule to people in their local communities in the form of local government.

This document was presented at a Social Development Retreat – May 24-26,1999- Barbados, sponsored by the Department for International Development (DFID). The Theme “A Rights-based Approach – What it means for Development in the Caribbean”.