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Globalisation
and human rights
AMASC Congress, Sydney 16 April
2002
Dr Hilary
Charlesworth
- Globalisation and
human rights are often assumed to be at odds with each
other. The term 'globalisation' is often used to describe
our changing environments. National boundaries now seem
almost antiquated notions in the face of great advances
in communications technologies and the growth of
international investment, trade and commerce. It is often
pointed out that the wealth of the largest multinational
corporations exceeds the economies of almost half the
members of the United Nations. Popular culture tends to
assume that globalisation is synonymous with a sort of
predatory amoral capitalism.
- Thus the various
protests surrounding the World Economic Forum meetings in
Seattle or Melbourne were depicted as an uneven contest
between the sleek well fed globophiles discussing global
profit making in five star hotels and the
anti-globalisation protesters, outside in the street,
chanting slogans in a vain effort to hold back the
inevitable global tide. If globalisation simply means
dissolving trade barriers between countries, giving
economic growth priority above all else, it has little
place for non-economic values such as human
rights.
- But globalisation is
better understood as an umbrella word for many different
and contradictory phenomena. It is typically used to
refer to the great increase in economic activity across
national borders and can thus make many a corporate heart
rejoice and many a human rights activist heart fall.
Governments tend to be attracted to internationalist
discourse in the context of the world economy, but they
often reject internationalist discourse in areas such as
human rights which more radically challenge governmental
power. Thus it is often assumed that globalisation is
antithetical to commitments to human rights; that
globalisation increases the power of private, economic
actors such as transnational corporations and reduces
their accountability for human rights
violations.
- Globalisation however
has many other dimensions beyond the economic and the
technological. It can include the growth of transnational
networks concerned with protection of the environment or
the promotion of health and human rights. John
Braithwaite has pointed out that 'there can be paradoxes
of sovereignty where globalisation is associated with an
increase rather than a decrease in sovereignty, properly
conceived as the capacity of citizens to understand
decisions that will affect their lives and to raise their
voices in a way that influences those decisions.' Richard
Falk has used the terms 'globalisation from above' and
'globalisation from below' to capture two starkly
different tendencies: 'globalisation from above' refers
to the way that market forces have eroded the power of
the state and created new alliances based on profit
maximisation; 'globalisation from below' means
cross-national alliances of group concerned with
preserving the dignity of human life and the life of our
planet.
- To me, the challenge
in this new century of ours is to harness the language of
globalisation from below to restrain and humanise the
forces of globalisation from above. One method of doing
this is through the vocabulary of human rights, the most
radical discourse of the twentieth century. Although
ideas of human rights have venerable pedigrees in
classical and enlightenment philosophy and in natural law
philosophies, they were not given any formal
international status until the founding of the United
Nations in 1945.
- The Charter of the
United Nations contains the first explicit recognition in
international law that an individual is entitled to the
observance of fundamental rights and freedoms. Among the
purposes of the United Nations set out in Article 1 of
the Charter is that of cooperation `in promoting respect
for human rights and fundamental freedoms for all'.
Article 55 commits the United Nations to promote
`universal respect for, and observance of, human rights
and fundamental freedoms for all without distinction as
to race, sex, language or religion' and Article 56
provides that all members `pledge themselves to take
joint and several action in cooperation with the
Organization for the achievement of the purposes set
forth in Article 55'.
- The Universal
Declaration of Human Rights, adopted unanimously by the
General Assembly of the United Nations in 1948, gave
content to the undefined notion of fundamental human
rights in the Charter. Although the Universal Declaration
was not originally intended to be a formally binding
instrument, it has always had the status of `an
authoritative interpretation of the Charter of the
highest order'. Together with the International Covenant
on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights, which
were both adopted in 1966, the Universal Declaration
forms the so-called `International Bill of
Rights'.
- While the Universal
Declaration and the Covenants deal with human rights
generally, a variety of other instruments dealing with
specific areas of human rights have been adopted
internationally. Human rights treaties either focus on
particular vulnerable groups (eg women, children, migrant
workers) or on particular human rights (eg genocide,
racial discrimination, torture).
- A major limitation of
traditional understandings of human rights is that they
restrain only governmental action: the idea is that the
right to freedom of speech, or the right to health is one
to be claimed from governments. This means that the
obligations set out in international human rights
treaties are not considered applicable to
non-governmental entities such as corporations. On this
analysis, corporations are unrestricted in their pursuit
of economic gain.
- Over the past decade
however the traditional, government-focussed
understanding of human rights has fundamentally changed.
International organisations such as the United Nations
and European Parliament have increasingly moved to
holding non-state actors accountable for their role on
human rights abuses. National courts are also being used
to challenge the complicity of corporations in human
rights violations, such as a case brought by Burmese
farmers against United States multinational companies. I
do not want to suggest that this trend has been without
pitfalls or failures, but it is a sign of a significant
change in the human rights movement. The major driver of
this trend has been the work of global civil society
&emdash one of the products of the expansion of
communications technology. Civil society encompasses
non-government organisations of all sizes and interests,
which monitor the social and political culture of various
communities.
- What can we do as
individuals to ensure that 'globalisation from above' is
made accountable? One way is to become part of the
globalisation from below movement: to take an active
interest in the work of human rights organisations, to
pressure our own national governments to impose human
rights obligations on private actors such as
corporations
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