31.12.07

On "rights," the UDHR, and real life under military occupation

Today I've been looking at the Universal Declaration on Human Rights, contemplating that word "rights" which it employs throughout, and marveling at the fact that my country (the USA) can use it so freely and yet continue to employ military occupation as a means to a "democratic" end. Let me begin with this word "rights." I really don't like the word. It's so cold. It suggests entitlement. It suggests the bare minimum of "you get this. . . . I get that." I don't want to suggest for this reason that the document is not important, or useful. When nations really use it, and applied it in curbing their own destructive appetites, it is a wonderful thing. But when viewed through the lens of life under military occupation, the UDHR has severe limits and seems castrated of its power to accomplish what it desires. At best, for those under military occupation, the UDHR is a sign of the failed best wishes of the international community.

Let's look at some of the "rights" of all persons under the UDHR.

Article 1: "born free and equal in dignity and rights." Not for anyone born after 1967 in Gaza or the West Bank.

Article 2: "no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty." Again, where has this been the case for Palestinians or Iraqis?

Article 6: "Everyone has the right to recognition everywhere as a person before the law." Okay, so does this rule out targeted killings by military gunships?"

Article 9: "No one shall be subjected to arbitrary arrest, detention or exile." Tell this to the thousands who've experienced this in Palestine since 1967.

Article 12: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks." Wow, wouldn't this be nice?

Article 13: "(1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country." Mmmm.... hmmm. Show me.

This document is a moral document. It assumes that human beings possess an innate sense of dignity and worth and desire this for all other humans. On paper this sounds wonderful, laudable, incredible! But since 1948, unless we're just not paying attention, we humans have hardly learned to live by this moral document. I would submit that Military Occupation is exhibit A as evidence to this fact. The UDHR needs an amendment, clearly spelling out for future generations that Military Occupation is immoral by its very nature and can never be employed to further human rights.

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