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Comments about
The Modern World of Human Rights
Essays in honour of Thomas Buergenthal
Carlos Armando Figueredo
The Inter-American Institute of Human Rights (IIHR), seating in
San José, Costa Rica, has published, early in 1996, a compilation
of essays in honour of the illustrious professor and North American
judge Thomas Buergenthal. This is a 616 page set of works, edited
by Antônio A. Cançado Trinidade, the IIDH's Executive
Director, presented by Pedro Nikken, the IIHR Chairman. In this
number of Venezuela Analítica we comment the first three
works, hoping to be able to publish the others in future issues.
I
Sonia Picado Sotela, the Vice President of the IIDH Council
of Directors, a former Judge of the Inter American Court and former
IIHR director, offers us an account of Thomas Buergenthal's life,
going from his anguished and painful childhood years in Europe
under the Nazi yoke, through his brilliant uniiversity career,
commencing at Wets Virginia's Bethany College, at New York University,
where he is awarded the degree of Doctor of Law, at Harvard where
he is granted a master's degree in Law and a Doctor of Legal Science
degree in International Law. Dr. Picado tells us about Thomas
Buergenthal's fruitful professional and teaching activity, as
a professor and expert of international and human rights law,
and a convinced defender of these rights. She evokes his reknown
work as a Judge of the Inter American Court of Human Rights, where
he acted as President and was considered its most influential
member. There is a special mention of Burgenthal's performance
-recognized worldwide- as a member of the United Nations Truth
Commission for El Salvador, where he was accompanied by former
President of Colombia, Belisario Betancourt and former Venezuelan
foreign minister, Reinaldo Figueredo Planchart. There are many
other abundant notes on the judge's life such as his performance
in the United States Delegation to the meeting on Human Dimension
of Copenhaguen, during the Conference on on Security and Cooperation
in Europe; his role for the advancement of the cause of human
rights in the United Nations Organzation for Education and Culture
(UNESCO) including participation as chief United States representative
in the Committee in charge of drafting said organization's procedures'
project for the formulation of claims on violations of human rights;
his actions as Senior Rapporteur at the Montreal Meeting
on Human Rights which was the main impulse for the Theran proclamation
adopted in 1968 by the United Nations International Conference
on Human Rights. Sonia Picado does not obviate quoting some of
Thomas Buergenthal's most important publications such as The
International Protection of Human Rights, written in 1967
jointly with Professor Louis Sohn of the Harvard School of Law;
"International Human Rights and International Education",
written with Professor Judith Torney-Purta, of the University
of Maryland, in 1977; Human Rights in a Nutshell (1988)
an essential manual for the study of human rights in the law schools
of U.S. universities; Manual Internacional de Derechos Humanos
[in Spanish] (1990) a jopint work with Claudio Grossman and Pedro
Nikken; and "Protecting Human Rights in the Americas"
in conjunction with Robert Norris and Dinah Shelton, a work that
was awarded the Prize to the Best Book of the Inter-American Bar
Association.
The biographic account offered by Sonia Picado closes with a quotation
of the words pronounced by Thomas Buergenthal on the occasion
of the commemoration of the fifty years elapsed since the famous
Auschwitz March of Death where he was forced to participate as
a Holocaust survivor. We now reproduce these words
The purpose of our life, our raison d'être,
must be to prevent a repetition of the past, not only for Jews
but for all mankind. We must do our work, big or small, to ensure
that those who come after us, be they Jews, Haitians, Ruandese,
human beings from any part of the world, with no concern for their
race, religion, nationality, do not become the victims of what
we lived.
As lomg as we do not identify ourselves with the
victims of what happens around us and find ways to express our
solidarity to help within our possibilities, our survival will
be nothing but an insignificant act of good luck. It is only by
making its inhumanity universal that our people's suffering gets
tru significance for the future.
II
Louis Sohn, a Distinguished Research Professor of Law at
the International Rule of Law Institute of the Goerge Washington
University Law Center, brings to the hommage book his work titled
The Contribution of Latin American Lawyers to the Development
of the United Nations Concept of Human Rights and Economic and
Social Justice. There is an account of the evolution of human
rights projects through more than fifty years of the International
Conference of the American States under the impulse of Latin American
jurists, first exerted on the problem of childhood on the occasion
of the First American Congress of the Child in Buenos Aires, in
1916, which culminated with the creation of the American Institute
for the Protection of Childhoos in 1927. There is a summary of
the American nations' system, through its conferences, in the
field of woman's rights, of the workers' conditions. There is
a special mention of the Lima Declaration in Favor of Women's
Rights; there the Eighth Conference of American States agreed
to declare that women are entitled to: a) political treatment
on the basis of equality with men, b) to enjoy equality as to
civil rights, c) to full protection and opportunities at work
and d) to the widest protection as mothers. Professor Sohn's work
gives special emphasis to the role played in favor of human rights
by an illustrious Panamanian statesman, Ricardo J. Alfaro, who
was also Panama's President (1931-1932), Secretary General of
the American Institute of International Law; at the Institute,
Alfaro was the main supporter of the adoption of a Human Rgihts
Charter, of which the draft was presented to the world as a Declration
of Essential Human Rights. As professor Sohn recalls, these rights
and guarantees mentioned in the Declration are: Freedom of
Religion, Freedom of Opinion, Freedom of Expression, Freedom of
reunion, Freedom of Association, Freedom in as to Harming Interference,
the Right to a Fair Trial, the Right not to be Arbitrarily Detained,
the Irretroactivity of Laws, the Right of Property, the Right
to Education, the Right to Work, the Right to Good Working Conditions,
the Right to Food and Housing, the Right to Social Security, to
Participate in Government, to Equal Protection and the principle
according to which, in exercising one's own rights one is limted
by the rights of others. Undoubtedly, Professor Sohn, managed
to emphasize, in a brieve article, on Latin American contribution
to the concept adopted on human rights by the United Nations,
clearly reflected in the International Covenant on Civil and Political
Rights, which has statutory force in almost all civilized nations,
as well as in the American Convention on Human Rights, a law in
practicaly all our Continent.
III
The third paper of this collection was written by Antônio
Augusto Cançado Trinidade, with the title of A Proteção
Internacional dos Direitos Humanos no Limiar do Novo Século
[The International Protection of Human Rights on the Dawn of the
New Century]. Cançado is currently the Executive Director
of the Inter American Human Rights Institute; he has been a Judge
at the Inter American Court of Human Rights and Full Professor
at the University of Brasilia. An authorized perspective is offered
to us on the human rights' situation as the new century is about
to begin. The review commences with the expansion of the human
rights protection system as from the adoption, in 1948, of the
American Declaration of Human Rights. Three quite clear stages
are distinguished in the human rights protection system's evolution:
1. From Paris to Teheran: From the Internationalization to the
Globalization of Human Rights; 2. From Teheran to Vienna: From
the Globalization to the Indivisibility of Human Rights; and 3)
From Vienna to the New Century: From the Indivisibility to the
Overall Presence of Human Rights. Let us summarize now what Cançado
says on these three phases:
From Paris to Teheran.- This period, referred to by Cançado
as: From Internationalization to Globalization of Human Rights,
is characterized, during the two decades following 1948, by the
disappearance of the objection of national competence as opposed
to the action power of international supervision organizations'
as opposed to national competence and by the assertion of the
individuals' international procedural capacity. During this period,
in 1966, the two United Nations Covenants were adopted and "the
complementary nature of the multiple instruments (general treaties,
ësectorial' conventions, procedures based on resolutions,
both at global as regional levels) by means of a construing process
subsequently reinforced by the supervising organs' case law".
The stage culminates with the First World Human Rights Conference,
that took place in Teheran, in 1968. This Conference strengthened
the human rights' universal nature and the concept that they are
indivisible. We are told of globalization because the contemplated
problems were global and required global solutions; among these
global problems there were the most serious human rights violations
such as genocide, torture and apartheid.
2. From Teheran to Vienna.- We enter the process going
from globalization of human rights to their indivisibility. Resolution
32/130 of 1977 by the United Nations General Meeting reaffirmed
Teheran's Proclamation, the indivisibilty of global human rights
and gave priority to the "search for solutions for massive
and fragrant violations of human rights". Under this impulse,
the General Meeting, in December 1990, called for the Second World
Human Rights Conference that was held in Vienna. Cançado
tells us that "a careful reading of its main final document,
the Vienna Declaration and its Action Program, gives the first
impression that, as opposed to the Teheran Proclamation that resulted
from the First World Conference, it lacks a central axis, a master
idea
" and he goes on saying" "In effect,
it was quite significant that the Teheran Conference had achieved
the consecration, in a world then divided by the cold war's bipolarity,
of the thesis of the human rights' indivisibility, now accepted
virtually on a world level, leading to a considerable transformation
in the treatment of human rights issues on an international level,
as from that moment". The difficulties found in Vienna are
mentioned, with the participation of 165 Nations -there were 68
only in Teheran- and bearing in mind the forum of 800 non government
organizations (ONGs). To the Conference's complexities, the fact
was added that there were delegations from newly created Nation
States having appeared after 1968 and lacking the experience of
having participated in the drafting of the Universal Declaration
and of the two Human Rights Covenants. At this period's closing,
it is Cançado's opinion that "both the Teheran as
the Vienna Conference are part of an extended process of building
a universal culture of human rights' compliance.
"
A most illustrative summary is presented of the Vienna Declaration
and Action Program. In this summary, the recognition point out,
in the Declaration "of human rights as being inherent to
all human beings, and of the legitimacy of the entire international
community's concern for the promotion and protection of human
rights everywhere, by considering them as a primary responsibility
of governments". There is a relation -among the most satisfying
moments in the Drafting Committee's work- of the approval of an
entire section dealing with the recognition of the right to development
as a universal human and inalienable right. He refers that the
Vienna Declaration and Action Program are linked also "to
the need for urgent incorporation of international human rights
and humanitarian instruments to the States; domestic law, in order
to warrant their due and full implementation". Somehow criticizing
the Vienna achievements, Cançado says:
Those of us who have been acting for many years within the universal
human rights movement would have preferred a document establishing
more precise commitments by the States and international organizations,
for instance, in the field of the mobilization of human resources
and materials being indispensable for the protection of human
rights' cause, and with a more thorough review of the problems
of coordination and ways for reinforcing the protection mechanisms.
3. From Vienna to the New Century. In these years being
so close to the twenty first century, Cançado is of the
opinion that, first, there should be a reinforcement of "adequate
international structures" to act directly on the respect
of human rights and the maintenance of the Rule of Law. Second,
as from Vienna, it has become necessary to mobilize all of the
United Nations' sectors towards the promotion of human rights
as well as to offer a greater complementation between global and
regional protection mechanisms. As to this second issue, there
should be a closer approach between agencies and organizations
being dedicated to the United Nations' three basic objectives
-peace and international security keeping, the promotion of economic
and social development and the respect for human rights-, in order
to achieve joint realization of these objectives and to "incorporate
the human rights' dimension to all its programs and activities".
A his work's last reflection, Cançado, for these last days
of the XXth. century, calls for the continuous need for protection
and monitoring of human rights throughout the world. These are
his words: "Something arises as more transcending than any
of the texts officially adopted in Vienna, and it is the truly
universal mobilization and dialog process generated by the
Conference: both as such as by its three Regional Preparatory
Meetings, as well as by the Preparatory Committee's four sessions
and the numerous Conference ësatellite meetings'. They assembled
a continuously growing contingent of government Delegations being
struck by the noble cause. Thus, there was greater importance
in this performance of universal collective thinking that
was generated by the World Conference than in any document. It
will certainly strengthen the human rights movement in the sense
that it will generate and consolidate a continuous monitoring
of its compliance by all and everywhere".
ISBN 9977-962-71-5
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