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June 17, 1974
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25X1C10b Approved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 Approved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 CPYRGHT Approved For Release 1999/09/02 : CIA-RDP79-01 I94A000100620001-7 To publish a: survey of. human rights in. the ? world in 1974 is to undertake .a task more. neces- sary than pleasant. To whomever does not know it, it will be apparent from the pages that follow that the struggle for human rights today is almost everywhere a defensive one, . The high hopes that. followed the defeat of nazism and fascism in 1945, and which inspired the adoption of the United Nations declaration and the European Convention on human rights, have not been fulfilled. There must be fewer individuals. in the world today who can live in confidence that their basic human rights - will be respected than there were in the late 1940s-- certainly as a proportion of the world's popu- lation, and probably in absolute terms as well. Why should this be ? One reason can. be ruled out straight away. It is not for lack of concern or awareness of the problem. Probably there have been more speeches, petitions.,: reports and protests about human rights. in the past 30 years than in the whole history of the world. What. is true; however,, is that people's. interest in the problem is too often selective, and this is especially true when human rights are discussed in intergovernmental forums, such as the United Nations or the Council of Europe. A Soviet delegate may wax,eloquent about the sufferings of Palestinian refugees or of poli- tical prisoners in Chile, but if someone, else raises the question of Pakistani prisoners of war in India he will show no interest, and if the subject of Soviet dissidents comes up he- will get positively angry. To mention the Soviet Union may be to take an unfair, because an extreme, example. In the Soviet case the explanation is probably simple bad faith. It is unlikely that the Soviet-leaders are seriously interested in human rights at all -not even those of the Palestinians or Chileans. Their affectation of such a concern for propa- ganda purposes may be hypocritical-but if so, like all hypocrisy, it is 'the tribute vice pays to virtue. It means that even the cynics in the Kremlin assume the- existence -W- _= inter- national public opinion which does care about human rights. And the campaign in the west on behalf of Soviet dissidents must confirm them in that assumption. Approved For Release 1999/09/02 But even the bona fide advocate of human rights is too often selective in his advocacy. The Americans who put pressure on the'Soviet authorities to allow Jews to emigrate 'to. Israel. undoubtedly do so out of genuine philanthropic concern. But few of them attempt to put the same pressure on the Israel authorities to allow Palestinians to return to their homes. Conversely, many Arabs feel a strong and sincere moral indignation about Israel's treat= ment of Palestinians, but scarcely a qualti about the killing of Israeli women and children by Arab terrorists. Yet the essence of human rights is that they.belong equally to all human beings, and not only ',to to those who happen to be on one's own side. In truth almost everyone has a tendency to assent to the idea of human rights as a general proposition, but to feel that exceptions may be justified in the interests of their Town country or community because of the extreme pressure to which it is subjected and the ruthlessness of its enemies. That is how we feel about the IRA. But it is also how the Chilean Government feels about the supporters of President Allende or how white South Africans feel about African nationalism and soon. It is only in a strong, united and self-confi- dent society, that human rights can be easily guaranteed. The greater the pressure on 'a society, the greater the chance that it will sacri- fice human rights to its own defence. Today there is hardly a society in the world which is not under pressure. of some sort, in the sense that its system of authority is seriously contested by at least a minority of its members: The pressure results, to a large extent, from the aspiration. of the poor-both poor countries and poor people in rich-countries-to a higher standard of living. In much of the industrial world it has been possible. so far, if not to satisfy that aspiration., at least to appease it, so that the existence of a liberal -democracy guaranteeing basic human rights still seems worthwhile to the great major .city of the population. - But in the under- developed rid. standards ofliving are so low that for most people~human rights are virtually meaningless : so that it is not surprising if gov- ernments feel that economic development is the CIA-RDP79-01 194A000100620001-7 CPYRGHT Approved For Release 1999/09/02 : CIA-RDP79-01 I94A000100620001-7 only priority, and that formal human rights can in practice be ignored. Industrialization in the big western countries was carried out -at a time when great inequality was taken for granted, and.in most cases before the introduction of universal suffrage. Today in the Third World the most successful govern- ments .economically are authoritarian ones, whether of left or right (though most of the unsuccessful apes are authoritarian too). It may be that human rights are bound to be roughly treated until a certain level is reached at which they have.sone meaning.for the mass of the population. If so, our responsi'bi ity in the west is all the greater, since it may be our task .to keep human rights alive until the rest of humanity is able to share them. - - Declaration stronger than all the armies Napofron of Human CO , 'or 4-1 O "e '11 L " if it li~~ re~Smognh~ed this right give rL1 O rj to goverp. the armtes 'of apoleon, but. lands, Norway, Sweden and bath in the protection of able and. imprescriptible recognized the right, but 'tion and administrative prac- rights' set out in that dec- Cyprus, France, Malta and tires, inconvention coun- laration, nonsense on Turkey have not yet:done so. tries. stilts".- Legal aid, financed by the Also in 1949 the -United Thee 1958 report of the Council of Europe,- is avail- Nations -began the task, Nigerian. Minorities Commis- able to applicant j> on the which took 17 years to com- &ion was perhaps nearer the customary condit ons. Any plete, of translating the truth than either in saying convention-country may also "common standards of that t a' statement. of, asic refer to the commission achievement" of the univer- rights, whether in or outside . alleged breaches of the sal declaration into enforce- the constitution, was a first European Convention in `able rights. Two covenants line of defence. In the Cone- another convention country ; monwealth, Canada, New , bete drafted--on civil and Zealand, Cyprus, India,_ Nige- Sweden, fedenexDmple, Norway, political rights, and on eco- ria "and Sierra Leon- are , Denmark and The nomic, social and cultural among the 'countries that Netherlands referred the sit- ,rights, ca'-led respectively in have adoppted.bills of rights, - uation in Greece-to the com- United Nations shorthand, as part'of'the constitution or mission in September, 1967, legal rights and programme as directive'prin ciples. of leg- and its report played a part rights. islation and government ; in the removal of Greece ,and-0 comprehensive Human from the Council of Europe ; In was recognized from the Rights Bill has recently been and Iceland has referred beginning that the first of introduced in the Australian alleged breaches of the.con- these groups, traditionally vention by the United King- called civil liberties in Parliament. Britain, may be directly en- The Universal Declaration dom in internment and inter- forced through courts or par o? Human Rights, adopted rogations in Northern Ire liamentc - Whflo f4. s--- -4 d i 1 i fight at vns `?, n w " lne task or the commis- ??'"?.-? ?"?,- era- Assembly in 1948 as a tion, are essentially claims, rights and fundam sion is to investigate com- hi f eve common standard o ac cent for all peoples and all plaints; and endeavour to and may thus only be met dons" This sub-cc for c:an CG ;hrinQ ahn,rt a settlement over time through dedicated has undertaken a n spring, the European Conven- with the government con- social policy ana persistent investigations. e cerned. If no settlement is reform. T he Internation h Ri ht i H av s, g t on on uman- in Hart been models for 'reached the commission It was seen that it was Organization, an The European w,ivca,~avii Europe and gives its opinion because .- time -and change international co was drafted in the Council were needed to secure them, covering labour in industry, of Europe in 1949 50, with whether there has been any but because without them agriculture and shipping. the active support from breach of the convention. At legal riors may of Winston Chur- that stage,? the case may be g y give little Some of -these conventions basic comfort:. David Maxwell Fyfe referred by the - commission when a there man n a who o time stand out pro effective hungry was (later Lord Kilmuir) and or by the government, con- stole e a rights, through the e eff ffecctiv sheep got a fair trial ILO i d report ngant o s and other parliamentarians, and cerned to the European but was still.hanged._ of--rep 'sals for came into force in 1953. A ? Court of Human Rights for a The United Nations coven- European Commission of binding judicial decision ; ants were adopted by the unfair competition for ex- European ample, conventions on forced Human Rights was set up, otherwise the Committee of General Assembly by virtual labour, the right to organize, its members-one from each Ministers 'must decide unanimity but are not yet. in collective bargain g, equal convention country acting whether there has been a force -arid, given the slow remuneration, minimum or nonsense.on stilts? of vi ua s, groups o to tvt - pendent inquiry and persua- tries, will not be or a long uals, or non-governmental Sion. It is in no sense a time to come. Ho ever they bodies, claiming to be vic- l court of law, though some of are not only far , wider and tims of breaches of the its members have had judi- more articulated than the European Convention by one cial experience' in, their 11ni I declarati on. but. if a word view i i h ibl human h r g ts s poss e, t eY are Asia, and eight members, including the S t Union and Saudi Arabia a )stained. The covenants must then, even though not ir force, be taken as having replaced the universal declaration as world Stateme is of `` common stand rds c'f achievement Lffi human rights. The UN Commission on Human Rights is p imarily a promotional body, ut it has undertaken some s ecific in- quiries, and its sub-commis- sion on ' prevention of dis- crimination and protection of minorities has been em- nications, govern- which -onsistent i reliably Of human vital free- mmission umber of in their individual capacity. breach. CIA RDP79 0I 194A000I o6 OO a soQal' on in rein' Applications pty F'fti' ~i~ to the commisst by Will- t s ' 2: ployment and remuneration. CPYRGHT Approved For8"8$i+999/09/02 : CIA-RDP79-01194A000100620001-7 Nationally, - 'the ombuds- man system, as a check on maladministration in central and local government, is taking wider hold. Originat- ing in Scandinavia, there are now similar systems in a number of countries, but dif- fering in some ways-such as whether the ombudsman or commissioners (as the case may be) are linked to parliament, or are limited in their tasks to central govern- ment, or can take the initia- tive in inquiring into malad- ministration. Examples are the Scandi- navian ombudsman,': the Parliamentary Commission- ers in New Zealand, Bri- tain and Northern Ireland the Mediateur in France ; the tribunal in. Tanzania and. the civil rights com- missions in more than- 20 states of the United States that are-principally designed to check discrimination. More specialized are the military ombudsman in West. Germany, and the Procura- tor General in the Soviet Union, who is concerned with maladministration in the courts and has a number of regional offices.- Zurich has . established its own ombudsman, who manages to deal with many. of the com- plaints by personal contact. The tireless work of ' the press and of other non-gov- ernmental bodies, such as the Minority Rights. Group and the National Council of Civil Liberties in Britain, and Amnesty, uncovers and fills many gaps in the protec- tion of basic rights. Clifford Longley 'jrggti~Efai-rs Events and trends in the o group is more vulnerable past 25 years of efforts to t oppression than a minority codify human rights have ithin a majority, a group altered the perspectives, and perhaps the priorities, as s t apart from the rest by dif- seen in 1950. To illustrate : f rences of race,. religion, the pressures, particularly igin or some. other cultural urban, of. rapid. increases in arameter. This was no doubt population have put in ques- by Gandhi"set the treatment tion rights to life and -W minorities as the supreme found a family, set out. ip, t st of any society's claim to for example, the European e. truly civilized. This is also Convention, and also in the by there is no more urgent, Inter-American Convention r intractable, problem in on. Human Rights (1969), t e whole field of human which would extend the ghts : minorities suffer right to life "in general, to orst of all, and are-hardest the moment of conception I ; t -help. proposals that abortion he At first sight, their plight unrestricted; or that steri- I oks hopeless. The United lizationr be in certain cases ations charter, although compulsory, or that family cognizing that human rights growth be. limited by puns- nnot be denied to any five taxation, could be irte= oup,- however it is to be concilable with these stated istinguished, also enshrines rights. annciple that the internal The. widening recognition fairs of a state are- no con- of the need to regulate mote rri of another,. or of the closely in the common inter- rid organization. r1 E C onvention est the uses of land and a uropean water, and other natural re- t n Human Rights breaches sources, must raise- sharp is rule, allowing the ulti- and continuing questions of ate remedy., of. expulsion io granted, or more vigor- ou ly defended, as a basic ri it than that of property. Bu . the declaration of prin- ci les by the Stockholm Co iference on the Human E ironment (1972) calls at a umber of points for plan- ni g, management and con- tra of resources, which must re uce or restrict estab- lis ed property rights. 11 urther, while the univer- sal declaration said that "e eryone has the right to ow property alone as well as n association with others. No one shall be arbitrarily de rived of his property'", we search the pages of the Un ted Nations convenants in in for such a principle in act, with the assent of mo a than 100 countries the do not mention a right of roperty at all. Verbum sap 'enti. ut demands for economic eel etermination and secur- ity have been intensified in fac of the multinational cor orations and the pres- en of many foreign work- 0 - tr. So the F.m. nomic, Social and Cultural Rights Covenant states that " developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recog- nized in the present coven- ant to non-nationals ". The multinational corpora- tions are skilled at present' ing.a face of innocence and political helplessness, but there is no doubt that their economic power or influ- ence, whether abused or not, is greater than that of many governments. Against them the clause in the covenant may be justified ; but es it is also to be read as a means of erosion of -the long-accepted minimum standard of treat- ment of foreign workers or traders, it can only be of comfort to General Amin. Liberal democracy : - sees human rights, largely in terms of the protection of the individual against the state,. but in the industrial- ized countries at least tbe state is"in decline in face of the technologies of comniu- -nications, resource manage- ment and industrial organi- . zation ; . its institutions, ,whether liberal or ddrigiste, are, to borrow Walter Bage- hot's distinction, becoming increasingly theatrical rather than efficient. Hence simple, enunciations of the freedom to receive and impart information, and of respect for private life, and of the limited public restrictions - permitted on them, - lose most of their traditional force in such con- texts as subliminal advertis- ang, direct satellite broad- casting, secrecy on sources of environmental pollution, personal data - compilation and retrieval, and industrial espionage. Some of these forces are virtually beyond public re-1 striction or control, as the Soviet Union is acutely aware in the case of direct satellite broadcasting ; and it is in any case meaningless to claim either the freedom of information,. or the power to restrict this freedom, in such areas without a clearer view of common interests than we inorities the most vulnerable and the most difficult to: help CPYRGHT for any state flagrantly in defiance of the convention. But. the worst cases of the oppression of minorities are ... tgeiU ? LLL 0Y~, Each distinct minority has its own distinct problems but it is wrong to think they have nothing -in common. Not only are the mechanisms of oppres- sion universal-the denial of cultural identity in -language or religion ; the ruthless sup- pression of self-assertion; discrimination in jabs, hous- ing, education-but so, by and large, are the causes. Mr Ben Whitaker, former Labour MP and now director of the Minority Rights Group in London, says : " Ethno- centricism, the belief in the extraordinary values of one's own group, coupled with a suspicion of anything dif- ferent, permeates homes, schools, books, and news- papers throughout the world. " Prejudices, which are often used as pretexts for de- nigrating political, social, or economic opponents, pro- vide men with excuses to ex- ploit other classes, races or women. Leaders use them as calculated weapons : the led, from the need for security, chaltPr hPhinA curl, hlinlrerc and thereby are diverted from focusing upon the real causes of the injustices they are suffering. ---'N! orit ief often reveal wider social problems. Much inter-ethnic conflict is due not to pluralism but to socie- ties' imbalance of power:: Prejudice, which is also cap- able of being self-fulfilling, can" be, reinforced by compe- tition in jobs, sex or hous- ing ; and less well-off people are obviously those who are most vulnerable to a threat to their basic existence." This is - an important diagnosis, not least because it comes from the man who heads the one organization in the world to have studied the question - of minority rights globally. The MRG has 19 different case histories to its credit, ranging from religious minorities in Russia to the gypsies of Europe, from the Nagas of India to the Montag- nards of Vietnam. This is the role of minority- as-scapegoat for social in- justice, minority-as-distrac- tion from social injustice, the traditional lot of Jews in Europe and now blacks in contemporary Britain. It why the Probabiy iA ed For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 diionally bee "ken -more CPYRGHTApproved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 orst persecution of minoriies appears to happen- in the ost socially disturbed, least ust, or poorest societies. If the relationship is in part ausative and not accidental, is Whitaker's analysis would uggest, then the -theory ould tie any genuine long- erm improvement in- the tatus of a minority to the eneral improvement in the evel of justice and prosperity n society as it whole. It is omething of a challenge to aternalistic liberalism, hich traditionally concen- rates its efforts on alleviat- ng the day-tb-day symptoms f discrimination and oppres- ion. An unjustly treated min- rity is itself a symptom of eep-seated ill-health in ociety, and any cure would ave to be directed at society tself. In that sense Gandhi's ictum is a penetrating in- ight into the nature of in- ustice rather than a gentle atement of the almost- bvious. If injustice to minority roups is usually to be found is a product of general in- ustice, the minority is likely o suffer more than the gen- ral population from the anifestations of that in- ustice. A regime that denies its ajority its human rights is 'kely to be even more ruth- ss in its dealings with its inorities. And these regimes re, of their nature, less usceptible to outside pres ures ; they are less likely to ave any semblance of emocracy, or a free press, or nfettered courts. Minorities also represent special threat. Permanently eminded by discrimination f their separate identity, ere is an ever present risk tat they might begin to ssert that identity. Republicanism in Northern reland, Black Power in the nited States, Basque ationalism, the Biafran re- ellion, the Kurdish revolt, d the militancy of the Jews Russia all tell the same tile, No country that screws own the lid on a minority group can escape`the conse- uences, and all too easily die situation can progress down a- descending spiral of arsh legislation, persecu- t on, police brutality, and t rture. The ultimate logic, as the orld knows, leads to the gas c ambers. There is no other final solution" to any iSrity rpblemat that end o the scale each step leads t the next. Only a deliberate c ange of direction towards a fair, free, and just society can even secure relief for o pressed minority groups. That. basicallyAt Oed F tR We ?9991109101 lem facing any organization which takes up the cause of a minority under pressure. The radical remedies re- quired are quite outside its control. But some steps are possible as recent history has shot-n. It does appear that certain forms of private and public pressure from outside can check the descent of the spiral of -re- pression, forcing states to" a greater toleration of minority self-expression than they might otherwise like, if left. to their own devices. In the .case 'of minority rights, outside organizations .of this kind have a particular responsibility. Only a few of the world's major minority u l k t th p ps can oo ro- gro e, o tection of a neighbouring country, as the Roman Catho- lic religious and ethnic minority in Northern Ireland can look to the Republic, or as the Jews of Russia can look to Israel and to-the Diaspora communities for help. Even societies marked by a high degree of political re- pression recognize that their standing in the world cannot C .be allowed to deteriorate too far. Public opinion outside their own frontiers is impor- tant to them, more important in some*their' cases than opinion among own citizens. This presents organizations like MRG with one useful source of political leverage. ,For failing all else, recalci- trant governments can be brought to the bar of world opinion, and obliged to answer for their conduct. Is it sufficient to leave the defence of the world's most defenceless 'communities to one . small privately fin- anced British organization ? Although now becoming recognized throughout the world for its work in this field, that in itself represents a danger as well as a tribute. Humanitarian organizations can too readily assume that minority rights are being cared for by others, and need no additional effort. The International Com- mittee of the Red Cross, Amnesty international, the churches and other religious institutions, and those gov- ernments which conduct their international relations with an element of altruism, are no doubt happy to join in a chorus of. condemnation once a situation of minority oppression is exposed, but who is to do the exposing ? Almost by definition, "there is no outside vested interest that can benefit by such exposure in the majority of cases. There are neither votes nor profits to be made out of, say, the Montagnards, PYRGHT A United Nations Com- missioner for Minorities, working along the lines of the United Nations Commis- sioner for Refugees, is -and focus world attention; backed by resources propor- tionate to the need-which MRG freely admits it does not possess. A United Nations Commis- sioner in this-field would be a far more formidable ally for a minority to have. It would be much more difficult for any state to get way with a policy of repri a1 if the United Nations it elf-for all its faults-was w tching and seen to be.watchi g. If the United Nations is to befriend the friendless in this way, it will only be when the world community as reached a level of maturiadvanced enough to put , aside . self- interest.. There ar few gov- ernments in the world witJt- gns of possible strength in-fragile investig: t ion procethireT______ Niall MacDermot final Commission nunissi:on of the United tions met early this year New. York it was called st time' under a new -pro- fering countries.. If the ny people, at least the ro procedure was not ngled at : birth as some feared would happen. cause to believe ,revealed a of gross tan rights eedoms ". A course of action was ,Pt force which e d to e adoption in 1970 by the coun- cil of an important resolution (No 1503) establishing a detailed procedure for the investigation of complaints similar to that recommended by,-the subcommission in For many years the Secre- tary General has received between- 20,000 and 30,000 complaints a year of viola- tions of human rights in all parts of the world. Many are repetitive an often in vague and general terms. Many-others, however, are specific and meriinquiry. Under the, new procedure adunissible communications may . originate from indivi- duals or . groups who are victims .of violations, from persons having t know- ledge of _ violations or from non-governmental organiza- tions acting in g od faith and not political By moti- vated and having 'rent and reliable knowledge of such violations. The new procedure calls for examination these complaints in three stages. First, the United Nations secretariat refers the " com- munications ", as complaints are euphemistically termed, to a working part of the subcommission. This meets ed of representatives of ernments, and most gov- ate, a number o govern- ts became so motivated other factors that they rt containing informa- " from all available' ces" On violations of an rights and to bring Fa a --I for 10 days to consider them and ref ers whose -- wl ich - "appear to reveal consis- tent pattern of g oss and reliably attested lations " to the suboommissi n. This in turn' considers ern for a then Mj Da s on to CPYRGHT Approved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 CPYRGHT sion. In the first year of the new procedure the subcom- mission decided not to ref e- to the commission any of the three cases (Greece, Iran and Portugal) sent to it by the working party. Instead it sent them back to the working party to con- sider them further, in the light of replies from govern- ments. In this way a year was lost. In the second year the working party referred eight cases to the subcommission (Brazil, Guyana, Indonesia, Iran, Burundi,. Tanzania, Portugal and the United Kingdom). A , judicious balance was maintained, two countries being selected from four of the five blocks into which the nations are unofficially grouped within the United Nations, the Soviet block alone escaping scrutiny. The third stage-was reached for the first time this year. The Human Rights Commis- sion, after examining the situations referred to it, is asked to determine "whether it requires a thorough study .by -the commission and a report and recommendations thereon to the Economic and Social Council ", or " whether it may be a subject of an in- vestigation by an ad hoc com- mittee to be appointed by the commission, which shall be undertaken only with the express consent of the state concerned and shall be con- ducted in constant coopera- tion with that state and under conditions determined by agreement with it ". The distinction between a "thorough study" and an " investigation " is not very clear, save that an investiga- tion, depending as it does on the cooperation of th. govern- ment concerned, is less likely to occur, but if it does, will presumably have the advan- tage of including evidence from both sides. It is important to realize that this procedure is in essence a political. and not a judicial one. It is more akin to an inquiry on the national plane by a parliamentary committee than to a decision by a court of justice. To be realistic, it will be difficult to obtain even the degree of impartiality sometimes found in parliamentary committees. This does not mean that the procedure is valueless. It is a way of bringing pressure on governments to mend their ways with respect to human rights. Also, the very exis- tence of the procedure shows that " consistent patterns of gross violations of human rights " are not, in the words of article 2(7) of the charter, jurisdiction of any state ill-treatment of suspects in raised by members of the and, therefore, excluded Northern Ireland. -commission. from United Nations inter. It is understood that there Governments have an vention. was little discussion in the opportunity to reply to all Of the eight cases referred commission of the merits of communications at the outset this year to the Human 'these complaints. Attention before they are referred to against Brazil referred to the Most if not all of. the Soviet torture and ill-treatment of block, who have been hostile prisoners ; those against to the new procedure from Guyana to racial discrimina- the beginning, sought to Lion, particularly in employ- have all these complaints . ment in the public .service ; referred back to the subcom- against Indonesia to the pro- mission, which would effec- longed detention without trial tively have killed it. and ill-treatment of tens of The majority eventually thousands of political sus decided to set up a working pects; against Iran to the party of the commission it- torture of political prisoners self, to meet in a year's time by the secret police ; against to consider the complaints Burundi to the tribal mass- acres of the Hutus by the again in the light of any ruling Tutsi minority ; against further replies from govern- Tanzania to the forced marri- ments and any other relevant ages of girls of Persian des- information available, and to cent in Zanzibar ; against report back to the commis- Portugal to the ill-treatment sion. This decision illustrates of prisoners both in Portugal the extreme sensitivity of itself and in the overseas ter- the commission in dealing ritories ; and against the with complaints against gov- United Kingdom to the pre- ernments in cases other than ventive detention and.alleged those: which are repeatedly ffi'tsto enforce the western tradition " matters which For hi tinily wk dition of belief both in the reality of than law--a law blither than the -edicts of princes-and of the universal rights which this law confers affirmations of rights in the the example -af the English second sense: and there is Bill of Rights had a great .a very ancient western (ra- influence throughout the ...... r.. .11 c.nxrewei,i a The Bill of Rights enacted person has, because the by the English Parliament authority and force of posi- after the "Glorious Revolu- tive law decrees and upholds ti,,,, in 1689 named also the it i or a right may be some- right to trial by. jury and thing a person ought to have, prescribed that there should because of a morally compel- be neither excessive bail nor ling claim to it. excessive fines, and outlawed Affirmations of human cruel and unusual punish- rights are characteristically ments. Locke's reasoning and "Human rights" is a fairly modern rationalists have sus- The United States Consti- new name for what were tained much the. same con- tution of 1789, with concur. once called "the rights of cept of basic moral rights rent amendments, defined man ". Mrs Roosevelt en- which every human being these rights in somewhat couraged the United Nations possesses simply by virtue of greater detail, and under- to speak of human rights being human. They are not standably so since its pur- when -she :found that the- the kind of rights that are pose was to translate moral rights- of man were not conferred exclusively by a rights into positive rights, by understood in some parts of particular society. They are making them enforceable in the world to include the not rights that are earned. American positive law. rights of woman. They are universal, and they In -the seventeenth cen- are inherited;- so: to speak, tury John Locke, the pphi)"o- with humanity itself. :Their Stirring but abstract sopher, and others, spoke of very generality, however, "natural rights ", because makes it hard to discern the rights in question were these rights clearly.. . _ . document, derived from "natural law ", Hence, various attempts or the universal principles of have been made to set down justice, rather than from the lists of human rights. John The famous French Ddc- imperatives of positive law. Locke, most often quoted as iararion des Droirs de This last distinction is, of an authority on the subject, I'Ho nze t du ch t .he course, the crucial one. A wrote of . the rights to life, which c at mu _ cummission, ant again at all subsequent stages. To give governments yet another year to reply to complaints, of which at least two were first considered by the subcommis- sion two years ago is to reduce severely the effective- ness of an already weak pro- cedure. None the less, many people with long experience of the struggle for more effective procedures within the United Nations felt satisfied with the progress made this year. The advantage of the Reso- lution 1503 procedure is that it is the only procedure, uni- versal in its application, for considering complaints by individual victims and by interested' non-governmental organizations concerning violations of human rights. It is a tender plant, which needs careful nourishment. named more or less the same civil and political rights, in language inspired more by English and Ameri- can theory than by anything that belonged to French ex- perience, It was a stirring document. But it had one great defect. It was abstract and idealistic, and had no force in positive law, as had both the Ern lish Bill of Rights and the American world. When the American Constitution. It was no more states gained their indepen- than a declaration. denee, -several-issued decla. In 1948 there appeared rations of rights adding to another'. declaration on the those that the En lish had sa e li g m nes, the universal on all rational, sentient named, the right to happi- Declaration of Human beings. Hess, or, in more cautiously Rights, passed and pro. Greeks, Stoics, . Romans, worded documents, the right claimed by the United medieval Christians and CIAeRDP79 -O1194A000 006 p0ui -P ' less (`DVD(`_LJT Approved Ifr AAe 1999/09/02 : CIA-RDP79-01194A000100620001-7 and ar-ore than had been promised when the United Nations was founded during the Second World War, and charged with what Churchill called the mission of enthron- ing human . rights., The United Nations . declaration fell short of that objective because it provided no machinery for passing from the abstract exercise of naming human rights to the concrete exercise of uphold- ing them. At the same time it went beyond the original purpose by narriing besides the tradi- tional -natural rights to life, liberty, fair treatment and so forth, various other more idealistic rights, such as the right to a decent standard of living, medicine and holidays with pay. This introduction of " eco- nomic " rights was partly in response to the presence of the communist Powers in the United Nations. The civil and political rights of the great western tradition hold an equivocal place in Marx- ist philosophy, while the material and economic needs of men are better under- stood. The Council of Europe has achieved more. The Euro- pean Convention for the Pro- tection of Human Rights, drawn up in Rome in 1950, was followed by the institu- tion at Strasbourg of a Com- mission and a -Court of Human Rights, bodies to which the individual has access as a petitioner if he believes that his rights as set out.in the European Conven- tion . have been violated. member states, but it claims moral rights for everyone; and indeed it would. make no sense as a statement of human rights if it did not do so.- It is tempting to agree with Bentham's contention that no assertion of right makes sense unless it is an assertion of positive right, rights actually enjoyed. But we should not agree with him too hastily. The word "right" does have its two meanings, both equally legitimate. Speaking of a moral right is just as sensible as talking of a positive right. Indeed, a large part of the justification of a claim to a positive right ; must be that it is a morally compelling claim. Way to persuade people of the individual and the security of the na on. But security in genera is not something which is at odds with human rights, because It is itself a human -right ; it is a part of the right to life. The security of the indi- vidual is bound up with the security of the community: the private enjoyment of the right depends on the common enjoyment of the right. The demand for lib- erty and security i not a demand for two till gs that can only with diffi ul`y be balanced or reconcil d : it is it demand for two th ngs that naturally belong - ogether. Part of the weste under- standing of human ights is the belief that a free country Is safer than an unf a coun. gives s good try. History grounds for continuing to think this is true. Universal, not just European It is perhaps ironic that access to the Strasbourg institutions is limited to the inhabitants of countries where political ' and civil human rights, that is, human rights as they have been understood in the western tradition, are already gener- ally well respected by the governments concerned. But if the western under- standing of human rights is to some extent culture-bound, the rights set forth in the European Convention are not intended to be the rights of Europeans only, but to be the rights of all men. The Euro- pean Convention is just as much a universal document, in this sense, as are the Uni- versal Declaration and the Covenants of the United Nations. The European Con- vention confers some positive rights on inha013tbO6d To establish that a thing ought to be is the way to ,persuade people that it shall be. To say, for example, that ,all men have a right to freedom of movement is to dispute the justice of those governments which refuse to allow people to move freely. And this is not to make anything so vague and uto- pian as- a statement of aspi- .-ration and ideals ; it is to indict, from the perspective of justice- and morality, gov- ernments which restrain men's freedom, dignity. and so forth. It is inevitable that the rights 'of one individual i collide - from time to - time with those of another. Also,, there may occasionally be a' conflict between the sights Maurice Cranst Tfttet" of attitu'des in Third Wo Y The origins of thinking on "human rights " in the so- called Third World of Asia, Africa and Latin America can be summarized in two propo- sitions. First; many indi- vidual politicians and intel- lectuals revolutionary and 'gradualists alike, learnt the political morality of the West, often in highly idealized form, either in the various metro- politan centres of colonial empires or in local institu- tions permeated by European political thought. Secondly, these same irdi- viduals not unreasonably started to make claims, in orthodox terms, that the prin- ciples so smugly professed by Europeans should be applied to non-Europeans-in other words, their, political and economic masters should give full faith and credit to their own concepts. The political and moral foundations of many well- known figures in Africa and Asia are by no means radical: not surprisingly they are Christians, Muslims or Hin- dus. Dr Kaunda espouses humanism. Mr Nyerere's socialism is akin to Tom Paine's Rights of Man and not to revolutionary socialism. Even when such figures resort to planning and state control of various kinds, the approach has tended to be that of Lloyd George's war cabinet-that major problems (poverty, -malnutrition and the like) call for special mea- sures as_ a matter of expedi- Paris Peace Conference in 1919 the Japanese delegation (qualified members of the " heavy squad " since victory in the Russo-Japanese war) had the temerity to ask that the League of Nations Cov- enant should include guaran- tees of racial and religious equality. This met with a refusal from other delega? tions : and thus it was that (apart from mandates) 1919. 20 human rights standards were insisted upon only in minorities treaties affecting de.`eated states and states such as Poland which were " probationers " and products of the work of the - Allied Supreme Council. -- - It is typical that, when the French turned their forces on Ho Chi Minh's infant repub. lic in 1945 he defended his policy of setting up a provi- sional government by saying : "Not only is our act in line with the. Atlantic and San Francisco charters, solemnly proclaimed by the allies, but it entirely conforms with the glorious principles upheld by the French people, viz liberty; equality and fraternity." Since about 1955 a large number of Afro-Asian states, including the new China, have been active in international life, and it is now possible to give -a reasonably clear -pic- ture of the special elements in the attitude of the develop- ing - states towards human rights. This picture of " special elements " involves a risk of creating distortions. First, the background of ideas is fairly orthodox-a mat- Nevertheless, c r t a i n themes have emerged with clarity and, persistence. In the -first pace, the develop- ing states wish o give emphasis to economic . and social rights as ecessary companions to the classical A constant in the history enants were put. in fi in 1966 by the Un tions Organization th two instruments, an tional covenant on c political rights and a national covenant omit, social and rights. The importance a and cultural rights ar plified by. the right t Such . rights corn civil and political thus for example reasonable access to and urban justice higher courts in the a .ciency of formal equal wolves insisting on .p state provision. - rights. hts cov- re were inter- econ- ted, in ays in social exem= work, ecurity the ce of egy of foun- The nodal points of Third World thinking on human rigghis are: the princi le of self-determination ; th ..prin- _ ciple of ra " ; i-n- . sistence upon the eco omit foundations of human 'ghts. Apart . from these, pout clans d y ranphasized. anyers of the third is the Afro-Asian appealing to a rea to the European's moral pre- Secondly, the developing a orld would argue that their ro p h i ac p states exhibit considerable tensions on the simple tin-s not unort odox ca ft ton (9/02 "3ft -T fAoftDP79a 111 4A00~16'6 ~O ecl'al inter- Approved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 CPYRGHT sts are not -antithetical to he civil and political rights ut rather complementary and even necessarily ante- edent. . This may be so in a general ay, but there are tensions hat are too often ignored. Pne category "of tensions derives from the psycholo- ical and political sources of scepticism. These are genuine enough, but are sometimes used to excuse the more or. less autonomous deficiences of Third World governments and elites, whose standard of living is generally in inverse proportion to the contribu- tion they make to social and economic progress. The sources of Third World scepticism are familiar. First, resentment at past degrada- t.on and exploitation. The practices of western civiliza- tion in China, the Belgian "Congo, French Equatorial Africa and other areas; are well described by profes- sional historians. It is per- haps time that the West dis- owned some of its bad prac- tices, much in the same way as it calls for the Soviet authorities to disown Stalinist practices. Corrosive impression of hypocrisy Secondly, and connected with the first, is the corrosive impression of hypocrisy resulting from an unctuous concern for the rule of law after independence con- trasted with forced labour, racialism and settler-inspired expropriation of the best land in some colonies, before independence. Thirdly, there is the feeling that western societies readily resort to emergency powers and national government in contexts described by them as justifying crisis measures, but fail to accept -under- development, poverty-line situations and actual famine as crises ranking with those normally created only by war in affluent states, Fourthly, there is a realiza- tion that western official opinion tends to become sen- sitive to human rights only when a regime is unsound politically, and in relation to protection of foreign invest- ment. Sukarno's Indonesia was the object of much criti- cism; but although no more attached to the rule of law than the previous regime, it has been free of adverse com- ment. Indeed, while The Times was reporting mas- sacres of not fewer than 3(10,000 in 1965-66. a sterling credit was extended by the Labour Government. The sources of tension itemized so far are important in their effects but they are superficial : the problems of substance will remain even if the Third World chooses to ignore the past and the .hypocrisy of some of its critics. The pervading and more serious sources of diffi- culty are what may be called .structural problems. . These matters of essence can best be indicated by ex- ample. The principle favour- ing economic development as a major objective may con- flict with the idea that hours and conditions of work should conform to standards set by ILO conventions. There is "the threshold of equal relations" or "bad foundations" problem: that is, if a group of aliens or a particular racial group of citizens have economic domin- ance or actual monopoly, then overtly " discriminatory " action may sometimes be con- sidered necessary to effect a distributive justice. There are dominant minor- ities as well as persecuted minorities. To apply a static human rights model to it society built an a dominant minority may result in a per- petuation of a rigid social hierachy in which racial or religious distinctions are aligned unhappily with eco- nomic.divisions within a com- munity. SOviet Union: curbs contradict constitution in c~ atdY~I aw racti ilchraWiavy o i for.--steady and severe lam- 15 thing oft the subject of civil rights. This is not -bause its record is neces- sarily worse than that of other countries. There are plenty of places where the 1iv is more arbitrarily applied and the rights of the citizens more grossly dis- regarded: - ':But the Soviet Union is. a great power with extensive political influence beyond its bprders. It also claims to be the chief centre of an ideology propagated by poli- trcal parties all over the i brld. It makes high claims fpr the values. on which its system rests and the benefits w4iich it accords its citizens. For all these reasons the S1lviet Union's. attitude to- ti rds human rights is a, mat- r rus c ev also pro- tion to create still stronger guarantees of the democratic rights and freedoms of the working people and guaran- tees of the strict observance of socialist legality ". But little progress was made before he was deposed. and his successors gradually abandoned the idea, perhaps partly because dissidents were beginning to appeal more often to the guarantees of free speech and assembly in the existing constitution. To have given them better guarantees would have en- couraged them. To have quali- fied. the -guarantees even, more would have been diffi- cult to explain. By the mid-sixties there were more signs of regres- sion. The new forms of the law mostly survived but they began to be bent or curtailed for political purposes. The trial of the' two writers, Sin- yavsky and Daniel, in 1966 was a turning point which provoked the first conspicu- ous wave of protest among intellectuals. At about the same time there were trials ,of Ukrainian intellectuals, and pressures increased on minority religious groups such as Jews, Baptists, and Pentecostalists. Two years later there were harsh measures 'against those who protested against the in- vasion of Czechoslovakia. Now the entire dissident movement has been reduced to a shadow of its former self as its members have been tried, exiled, committed to mental hospitals, or expelled 'from the country-although it has recently resumed pub- lication of the underground Chronicle of Current Events. Several basic problems in- hibit the extension of human rights in the Soviet Union. In the first place the commu- nist system rests on the assumption that the party represents the interests of all the people and is the reposi- tory of all wisdom and autiia- rity. If the party is right, dissent must be wrong. The concept_ of. legittitnate con- sViecial scrutiny. This is often dLeply resented by the For economically depressed groups, such as Canadian Indians and Eskimoes, " benevolent discrimination " may be called for in matters of federal funding of schools and the like. " Levelling up " operations, such as racial quotas to increase intake in universities, mgyy cause re- sentment in groups whose position is threatened by such policies. - The more ambitious and sophisticated human rights models now presented in various modern constitutions and internationalconventions raise in an acute form an old mblem. Standards have to et before enforcement can occur, and the standards tend to be ahead of the situation on the ground-otherwise no regulation would be neces- sary. In human rights matters, standards have tended to go too far ahead of the social and political facts in many societies. International stan- dards are mostly reliant on national systems for enforce- ment. The developing states may suffer at least as much as other states in having m?ni- fest incom ati ' ' ' Tpnnciples espoused by their statesmen in_ United Nations bodies and the back- ward social structure of th states concerned. Ian Brownlie Approved For Release 1999/09/02 ssian Government, which es to draw a sharp line between internal and external affairs. But at least it demon- states the importance of the Soviet Union. Moreover, to a`large extent the standards b which the Soviet Union is judged are those which it ii~,elf professes. The civil rights movement. in. the Soviet -Zth upholding the law,, not changing it. ,The constitution guaran- t?es freedom of speech, free- ,;dom of the press, freedom of assembly., including the hold- ing of mass meetings, and freedom of street processions and demonstrations. It, also recognizes freedom of reli- gious worship and "freedom of . anti-religious propa- ganda ". In practice and in law, however, these freedoms are curbed, mostly in the name of the defence of social- ism. - That the situation has im- proved a lot since the days of Stalin goes without saying. At that time anyone could be whisked away at any time for any reason, or for no reason, and lmpi?ts!MA r suit out trir 1953 the criminal code ? and the principles of procedure were changed. The powers of the KGB were reduced and those of the procurators in- creased. The law began to have real meaning. - GIA 141312:79 91194AGOGIO9629991 :7 i CPYRGHT Approved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 flicts of interest is absent except in limited spheres. Hence there can be no sepa- ration of powers, no right of dissent, and still less any posi- tive value in dissent. Nor can there be . any room for the idea of the rule of law as such. The law is the servant of the party and an expression of its political authority, so it can be used without qualms against any- one who questions this autho- rity. Individual "rights" in this sphere have had little place in Russian history or in communist ideology. Hence the failure of many dialogues with western cri- tics. The assumptions from which they start are differ- ent. Hence, too, the elasti- city of Soviet law, which pro- vides penalties for many activities which would not be regarded as crimes. in the west. The two provisions most commonly used against dissidents are Articles 70 and 190-191 of the criminal code. Article 70 provides for up to seven years' loss of -lib- erty and.five years' exile for anti-Soviet agitation or propaganda " and spreading ` slanderous fabrications de- faming the Soviet political and social system ". Article 190-191 provides, penalties of up to three years' deprivation of liberty for the systematic dissemination, orally or in writing, of deli- berate anti-Soviet fabrica- tions. These articles enable legal proceedings to' he tively subjective assessments the progress of socialism and of what constitutes anti- hence the interests of the Soviet activity. people. But the mere fact There is also another for- that the system is forced to ward line of defence by the use words such as freedom state which is often under- and democracy exposes it to estimated abroad. In a sys- pressures to give these words tem where the party's author- more substance. ity is absolute the individual Second, the interest which is dependent on its good the outside world shows in graces for his job, his house, the Soviet Union provides a the education of his children, certain protection for better his permission to reside in a known dissenters, ~iarticu- certain place, and his pass- larly in culture. Whatever port to travel. Soviet spokesmen may say This gives the party a about the "real" freedoms series of graded sanctions enjoyed by'their people they against dissenters which re- show signs of embarrassment, quire no legal proceedings, and admit adverse effects on no trials and no formal justi- their foreign policy, when fication. They are used far world opinion is alienated by more than is generally recog- the persecution of indivi- nized, and can be effective, duals. especially against members Third, there is probably of the intelligentsia with more support than is gener- good jobs and growing fami- ally recognized for Dr lies. Sakharov's argument that The situation is, however, science and technology can- more complicated than this. not flourish in an atmosphere There are a number of con- of intellectual repression. flitting needs which can be The Soviet leaders are used by those pressing for acutely aware of the limits of greater freedoms. First, the their technology and the fail- Soviet Union wishes to appear ure of their system to gener- as a country which offers its ate real innovation. They people more " real " freedom are unwilling to draw the and rights than other coun- necessary conclusions. tries. It lays particular em- But there is a new and phasis on the guaranteed highly educated generation right to work, to education, growing up which was not to leisure and to social conditioned by. Stalinism and security. is likely to press for freer dis. Ever since Lenin, Soviet cussion and freer contacts spokesmen have disparaged with the West, if only in the " bourgeois " freedom as interests of efficiency. They nothing more than the free- may or may not have had Anne rn nnnnsn nr unrlprminp much interest in rnltnral freedom, but they can ardly fail to extend some f the limits of the present system. Finally, the apparatus has some interest in basic I gality since it was itself a ictim of the breakdown of I gality under Stalin. In an o derly state people need "to know where they stand, an it is in almost everyone's ' i terest that the application if the law should be reas nably regulated and predicta le. This provides 'the civil rights movement with levers that it can use to it own benefit. There ? is no doubt that the determination with which dissidents have insis- ted on their rights under the law and on proper procedures has made the authorities more careful. It does not stop people being sent to prison camps or mental hospitals. I does not stop people being perse- cuted in extra-legal ways. But it has probably limited buses of the law, and it has cer- tainly established a number of permanent footholds in the rock face up which the dissi- dents struggle to make their precarious ascent. There always seems to be at least one step bat for every two forward, but when one looks at the press con. ferences . given by Dr Sakharov in Moscow a rd the endless telephone calls to the West by Soviet Jews, it is' difficult to regard the situa- t ,ven in the West governmeits represent biggest threaVtCH119teedom of expression C P,bFlisel Scammell Most - societies and most political systems claim either to have established freedom of expression or else to be moving towards it, maintaining simultaneously that their press is independ- ent. In the United States, for instance, the right to free- dom of expression is embod- ied in the First Amendment to the constitution, while Soviet Russia's. constitution, which has served as a model for most other communist constitutions, - also guaran- tees its citizens freedom of expression. The words are the same, but clearly they mean -differ- ent things in different -places, and the problem can be resolved only by refer- ence to John Stuart Mill's press/i~~U6Q?eih bddr rdt~eleg~ '~I ?tT,~~i! ? i A-1 Offe I""aYt>k~ a br tf 011111LaL y, UlC L U V ICL p1 CJJ eluding China ( dom to ". tion and propaganda ( agit- under Khrushchev was some- prop ) are given a high seems to be tray privileges this brings they are expected to submit to rigid control by the govern- T, Mj6&a11@, however, to overlook the .differences that do exist be- tween the various conimu- nist countries, or the fact posts, some pro atively greater freedom of expression. True, the limits within which this movement takes place are usually narrow (the variations be- tween the countries being defined .by the. placing of the limits), but there are con- siderable differences be- tween the guardedly "free" (and officially " uncen- sored ") press of Poland today and that of neighbour- ing Czechoslovakia or East early sixties unt done from " government in. terference and is expected to ago, was a mod behave as a- "fourth -can be. achieved -government. il two years el of what by a Marxist the in sense frPP In t e-recent controversy from government control (though it might perhaps be said to be free from "bour- geois control"), but is held to be " free to " advance the interests of the proletariat- as interpreted by the Soviet Communist Party. It is not free to advance anyone else's interests, however, nor the proletariat's interests as in- terpreted by- anyone other than the party leaders, In general the press and radio and television in com- munist countries are - re- garded primarily as sources of power and only seconda- rily as-providers of informa- tion. For this reason they are assigned flatteringly im- losophers whom the League of Communists wanted to However, wh t happens when the press i a commu- nist country t obviously exceeds the limits laid down for it was vividly illustrated by the events in -Czecho- slovakia in 196 , after the press had plane a leading role in the der ocratization of the country. eanwhile it is still _ the--darc ._-fer__ press freedom i Romania, Bulgaria and Albania (in Europe), for all the commu? nist countries f Asia, in- inch even CPYRGHT Approved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 mental start, for Cuba in the western hemisphere. It might seem from this as if press freedom had some- thing to do with ideology and was linked to the old opposition between commu- nism and capitalism, and it is true that Lenin provided a persuasive ideological ration. ale for control of the press. But the picture is immensely more complicated than that. Iran calls itself capitalist and is an aggressive advo.. cate of free enterprise eco- nomics, yet it possesses one of the most tightly control- led and rigidly censored presses. Brazil holds itself out as a model of capitalist development for the whole of Latin America, yet press -ensorship . is an openly acknowledged tool of the government and sets an en- tirely different kind of pace for the rest of the continent. Strain, Greece, Turkey and, until recently, Portugal, Are all capitalist states in which the press has been tightly controlled, while the looking glass " free world " states of South Korea, South Vietnam and Taiwan do not differ greatly from their communist opposite numbers in their attitude to censor. ship of the press. And if we look at Chile, the Marxist Allende would appear to have been a far greater de- votee of press freedom than his capitalist successor, Gen- eral Pinochet. It is plain, therefore, that we must look elsewhere for the key to freedom of expression, and I would sug-, gest that the true distinction must be sought in terms of economic and political plur- alism. True :freedom of the press flourishes in, relatively restricted areas.o?f the globe and is usually to be found (no great surprise, this) in parliamentary democracies- ,in most of West Europe, in North America, in the former British dominions of Similar -problems `beset most of South-East Asia and Central and Latin America, and these are the battle- grounds on which the struggle for press freedom is being fought. Again it is those states that have estab. lished, or preserved, a plur. alist political order that have been most successful in de- fending freedom of expres- sion. Generalizations of this kind force one to paint in broad strokes, and most of the qualifying detail has to be omitted. One complicating factor that cannot be side. stepped, however, is the pro- blem of finance. Newspapers (not to speak of television programmes) are expensive things to produce, and as the necessary technology be- comes more complex so does the demand grow for ever larger amounts of capital. In developing countries, the number of people or in- stitutions with the necessary means is strictly limited, and the usual sources of finance can be boiled down to three categories : political parties, .wealthy individuals or groups of individuals, and foreign capital - particularly from West European or American communications groups, The presence of all three in a country- is usually a sign of health but all three have their prAlems. Political par. ties, particularly if they attain power, have a tendency to swallow up their rivals when conditions are ripe (as in Zambia or Tanzania) and put both them and their news- papers out of business. Wealthy individuals with both the means and the desire to invest in the press are few and far between, and they tend to be absorbed into the political establishment. Foreign-owned newspapers or agencies, although often bringing with them valuable traditions of impartiality and professionalism, are always vulnerable to the charge of serving foreign interests and frequently (for example in Argentina) fall foul of nationalist passions. Another difficulty is that even a pluralist press is open to the charge of control by a narrowly defined, self-per- .petuating oligarchy whose members' interests are identi- cal, so that apparent diversity charges are often - wildly exaggerated, concentration of .ownership represents one of the biggest potential dangers to freedom of expression throughout the western world. Nevertheless, here as else- where, it is governments that represent the biggest threat to freedom of the press, and in no area is this clearer than in television. So far I have treated television as an ex- tension-of newspapers, and in the context of the extreme situations which prevail in most parts of the world there is little or no distinction be- tween them. But in the western world the distinction is significant, for in most countries the television ser- vices come under the direct control of the government. The reasons for. this are complex. They have some- thing to do with the problems of finance. There is also the question of monopolies, for most television services are either complete or quasi. monopolies, and in most par- liamentary states commercial monopolies are outlawed. But above all it has to do with power. . Television is universally recognized to be the most in- fluential and powerful medium of communicat~.on yet invented, and as such is held to be too potent an instru- ment to be allowed out-of the control of government. In this respect, although the analogy cann,t be taken too far, television, in relation to the political power, stands roughly where newspapers stood two centuries ago. It may be objected that this the sort of freedom now taken far granted by the printed word. So what, if any, is the future for free speech ? For three quarters of the globe the problem is intimately bound up with the wider struggle for a whole range of political freedoms and can- not readily be separated from them. In communist countries, either the dictatorship of the proletariat will wither away and yield to a diversification of political and economic power, bringing freedom of expression with it, or else it will institutionalize mono- lithic unity and remove all desire fir that freedom. In the Parliamentary democra- cies, either the present free- doms will be refined and adapted to meet the new tech- nological and economic chal- lenges, or else a loss of nerve will set in and they will yield to the tempting simplicities of authoritarianism. As for the Third World countries, they will choose the paths that seem most suc- cessful from among the other two. And if it is obiected that this is too, Eurocentric and too parliamentarian a point of view, one can only say that freedom of expression itself is a parliamentary concept and the Declaration of Human Rights the culmina- tion of a particular strand in European history. India, Australia and New Zealand, and in Japan. The outstanding omission here is South Afnica, where freedom of the press is vir- tually non-existent for blacks, and for whites is seriously curtailed (and is threatened with further cur- tailment after Mr Vorster's election victory). Even here , however, the outcome of the is only a sham. This charge is struggle is not a foregone a potent weapon in the hands conclusion ; and indeed, a of politicians with demagogic great question mark hangs 'talents- and..h.a.. been used -over --ahnest -the --vrltoie- of w,th particular-effect by the Africa, where where ex-colonial governments of Ceylon and Singapore. It is frequently countries are imported to heard, too, in relation to the reconcile the imported insti- free " press of the parlia- tutions of their former con- mentary democracies ; and querors with older tradi- while the details of such Lions. *Pproved For Release igggiewei The author is the editor of Index on Censorship. is a simplification of the com plex arrangements for tele- vision that have been worked out in various countries, and indeed it is. In the United States, for instance, and in a number of United States satellites in Latin America and Asia, commercial net- works exist apparently inde. pendently of the governments concerned. But if one examines the licensing arrangements in- volved, it is quickly apparent that in principle the system bears a strong kinship with the licensing of newspapers in England up to the end of the seventeenth century, and their freedom is the freedom to make money rather than political or religious propa- ganda., Similarly the BBC in Britain is regarded as being even more politically inde- pendent than the American networks. Yet one only has to imagine either the BB' or the networks broadcasting pro- grammes of communist propaganda, or urging the population to convert to Roman at ..eemeeffeeei -:7 Approved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 international law has scarcely come to term with ~P 'd 1 1-1Iornberry what you say, but will fight to the death for your right to say it'.', exlfresses a -meta- physical faith in humanity, reason and aspiration. It is not alwaysclear today how such a concept, protecting the dissident pamphleteer, can be adapted to'press and television. - The Universal Declaration of Human Rights sustains the standard. For Western Europe, article 10 of the Human Rights Convention contains a detailed provision. It guarantees the right to freedom of expression, wlticlr right shall include freedom to hold opinions and to receive and impart information and ideas with- out interference by public authority and regardless of frontiers. The licensing of radio, television and cinemas is permitted, however, and the right made subject to var- ious limitations. These in- clude restrictions necessary for national security, the prevention of disorder or crime, the protection of health,- morals, the reputa- tion or rights of -others, the prevention of disclosure of information received in con- fidence, and for maintaining the authority and impartial- ity of the judiciary. To jus- tify a restriction, a govern- ment sirust show that it is Article 10 must also be read in conjunction with articles on the right to respect for private and family life, home and corre- spondence, and with the im- plitations of the article guar- anteeing a fair trial (no prior judgments by the press).'It may also have to be read in association with articles on peaceful enjoy- ment of property (in the context of police search and seizure operations), and with more general articles on abuse of rights by individ- uals and of powers by gov- ernments. Many deem freedom of expression the primordial right, even among basic rights, the hallmark of the open society. The United States Supreme Court has a vast and illuminating juris- prudence on the First Amend- ment (freedom of the press). It has emphasized that this amendment protects the pre- eminent right in &m roved mass iaiers much Less broadcasting Me condition precedent to the Law in Western Europe is Contesting the case, the enjoyment of all other rights, attempting to resolve these British Government m ha- the European Human Rights Commission should them-, selves be held ir camera. The reason is that governments would not have permitted the development of the commis- sion on any other terms. Though explicable, the limita- tion could undermine the ideal itself. Without an informed Euro- pean opinion the jurisdiction of the commission could be brittle, easily destroyed at governmental displeasure. Last autumn, when Britain's continuance of the commis- sion's jurisdiction seemed in doubt, the press came to play an important and distin- guished,role on behalf of the ordinary citizen. In the United Nations inter- national advancement of free- dom of expression, has been hesitant. A sub-commission on freedom of information and the press was suppressed in 1952. Despite some admirable United Nations studies a draft convention has lain inopera- tive for many years. It has been hard to recon- cile different ideological standpoints on essentials. Some developing nations tend, understandably, to view the concepts as dispensable luxuries. Governments of all shades are prone to empha- size and 'extend the limita- tions rather than the freedoms. In general it has rested with non-governmen- tal organizations to_strive for more effective international standards, chiefly in the area of the mass media. Activity has continued, however, in the Council of Europe. Progress has, sadly, been slow. An imaginatively- conceived symposium on human rights and mass com- munications was held at Salzburg in 1968. Its report emphasizes the international legal vacuum since the rise of the mass media. Inter- national law has scarcely come to terms with the mass circulation newspaper, much less with the issues raised by broadcasting. The British press from the international discus- sion. International law tends to uphold a concept of privacy, though its detail has yet to be formulated in case law. Such formulation seems certain it is only a question of time. The European con- vention provides a framework within which the issues can be argued. Curiously, little case law has accumulated under article 10 of the European conven- tion. In the early de Becker case it was held that it was unlawful for Belgium to de- bar permanently ,a convicted ournalist, even one col- laborating with the Nazis, from participating in the pub- lication of a newspaper. In the Greek case the commis- sion emphasized that exceptions to the basic free- dom may not be so vague as to leave the individual uncer- tain where he stands. The Televizier case relates to Dutch restrictions on the publication of information about television programmes. One of the first cases from Italy, the Telebiella case, which awaits a decision on admissibility, may raise important issues about state television monopolies: the applicant asserts a breach of freedom of expression arising from the official closure of his cable-television company. In the Hand side case against Britain other issues are raised. This case arose from the successful obscenity prosecu- tion in 1971 of the Little Red Schoolbook. After an oral hearing the case was admitted last month by the commission for investiga- tion, the publisher and the British Government being required to produce further pleadings on the merits in compliance with the conven- tion's provisions on ,fact- finding and "friendly settle- ment ". The application may still be dismissed by the com- mission at any stage. The issues touch on the use under- of " search and seizure " at the ,.."w ~s,t~ 1...I.- limit freedom to prot morals of teenagers matters now under inq the comm. ission go 'heart of- some con cttte The dry by .o the enti on guarantees and, as ink many such cases, may be m re im- portant than the initial publi- cation itself. Yet major areas of Euro- pean dispute on expression have still not been referred to the commission. Aspects ? of official secrecy, the " con- spiracy to corrupt public morals" concepts the Ladies Directory and 1miller cases, last year's dismissal of Irish television governors, .customs' seizures of books- .these are some of the ; many areas of freedom of co muni- cation which may raise criti- cal but still unlitigated ssues. It is at least arguabl that press and publishing in Britain may be especially at risk. There is no pit-i ciple of freedom of the press } ecog- nized by law. There; is a constant danger of creeping limitation, unilluminat by discussion of fundamentals. The European commission could provide a suitab y de- tached forum, It is bel eyed, for instance, that in on case unrelated to freedom. of the press, the right not t dis- close journalistic sources was incidentally claimed an not challenged in the commis- Sion. It is to be hope the British Government may soon decide to accept the commis- sion's don's jurisdiction on , the right of individual petition on a permanent basis, thus bringing Britain into line with some of its nor en- lightened European eigh- bours. yaarwu.y wuau auane uii ua Acts, and the adequacy of democratic role. The ten- the current legal definition dency towards official secre- of obscenity, among' other tiveness does not abate, and things. Allegations of politi- the function of an indepen- cal discrimination have been dent press is thereby dismissed as being manifestly .- F1!iR lease 1999/09/OBI-feftaRDP79-0I194A000I 00620001-7 Approved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 Enormous influence of Universal Declaration not CP142GkiI1 mate ~by successful UN action :human rights did not start with the United Nations Universal Declaration . of .1948. But that document has dominated the human rights scene for the past 25 years. With few exceptions " agen- cies today ? concerned with the protection of rights on a. regional- or world front base their. own principles on it. In some cases the wording is. followed almost verbatim. Other Organizations have dated 'the 'principles to conditions governing the area they serve, or have extended, or sub-divided. them:. But the source re- mains the same. .The' enormous influence which ' the words of the Universal Declaration have. had has not been matched by successful action by the world body to see that they are adhered to. The declar- ation was supposed to be the .first step in the creation of an international machinery for the protection of human rights. It was not designed to be binding. The second step involved drawing up covenants, which would impose legal obliga- tions on signatory states ; the third stage was to be the establishment of a machin- ery for enforcement. In 1966, two covenants were agreed on by.the Gen- eral Assembly (a singie one having proved impractical) ; the first on economic, social and cultural rights, the other on civil and political. rights. taut these covenants have not yet come into force because the necessary minimum of 35 ratifications from member states have not yet been received. The machinery for imple- mentation -provided for -a system obliging states to report regularly what they had done to carry out their responsibilities under the covenants to a human rights -committee, which in turn could eventually have the matter raised before the General Assembly. This pro- cedure has not yet come into operation, but. it would not amount to anything like sat- isfactory legal control over a member state's behaviour. . The ultimate decision on .action--be--taken-against a - defaulting state would have to be taken in a political not o rms t at v olations a judicial forum. The same have occurred, put pressure is true of the various United on the culpable state to take Nat;nnc enmmiccinns and with vaxt cftW Jf~"For # +~ease 19 ON : nn Human Rimbis is tho rtrun ct - .cnre .cfail n.f .rho Universal Dec] aration's offspring. Drawn up under the aegis. of the Council of Europe, it came into force in 1953 and has now been rati- fied by almost all the members of the council. It states that its purpose is " to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declar- ation ". in addition to the main convention five protocols have come into operation, two of them committing states ratifying them to guaranteeing further rights not included in the original convention. The convention provides for- an.. elaborate machinery of enforcement, the most important aspect of which is the establish- meant of a Court and a Com- mission of Human Rights, which sit in Strasbourg, to ensure the observance of a state's obligations towards its citizens. The striking and original feature of the con- vention is that it allows indi- viduals (as well as states and organizations) to petition the commission with allega- tions of a breach by their government of its obligations towards them. If the commis- sion, which consists of as many members as there are -countries subject to the convention, finds the com? plaint to be initially admissi- ble (most are not), it em- barks on a complicated procedure of finding out the facts. This may involve a hearing in which the com- plainant and the state against which the allegation is made are represented. It is also concerned to try to effect a friendly settle- ment between the parties. If this fails, the commission prepares a report, which contains its decision on whether it considers that a breach of the convention has occurred. The report goes to the Committee of Ministers of the Council of Europe and to the state involved. Either the case may be then referred to the. European Court of Human Rights,' by the commission or the state. r the final decision can be left to the Committee of Ministers which could theri, if it c nfi h i rirwen nr cn havo roarl,. I rhat ct.aga) there ,,,;11 .,&q ,. t,e hearing followed. by a deci- sion which, unlike that of .the commission, will be bind ing. The court may also ,award,damages to an inured ,party, and, probably more importantly, may by its deci- sion in effect call on the state to change those laws or conditions prevailing which led to the complaint being made. Same countries which have -ratified the convention have not accepted the juris- diction of the court, in which case the Committee of Ministers is the only possi- ble final'arbiter. - Ultimately there are no sanctions to back up a deci- sion -of the court or of the ministers. At that stage the issue becomes political rather than legal. In one' case, Greece preferred to leave the Council of Europe rather than submit to deci- sions against it. Neverthe- less, in all but its final stage, the protection of human rights under the convention is supervised by independent legal and judicial control without political consider- ations having any say. The institutions created by the convention, for all the cumbersome procedures gov- erning them, have proved to be of considerable practical affect and influence. Indeed, the only other major re- gional convention-encom- passing most American coun- t tries in both hemispheres- has fed on the European example and drawn heavily on its experience. The American Convention on Human Rights also pro- vides a complaints procedure for citizens complaining of an infringement of their basic rights, based on the European pattern, and in- volving a commission and a court. The commission, how- ever, has more to do than its European counterpart, for in addition to the adjudication of complaints it is required actively to promote human rights, by making recommen- dations to governments about their conduct and re- questing them to report on their progress. The Perma- nent Arab Commission of Human Rights (an offshoot of the Arab League) is purely promotional rather than judicial, although a procedure for the settlement has proved effective in pro. zction (hLO), formed in 1919. The main emphasis is on the body of rights con- nected with employment. Much of its work is taken up by .the preparation of conventions and recommen- dations on specific topics which, when passed by its assembly (which uniquely consists of -representatives of governments, organized labour and employers) and ratified by its member states, become binding on them. Well over 100 conven- tions are in force today, for .a varying number of states. The six conventions 'which deal more than any others with human rights issues, such as forced labour, free- dom from discrimination, have been . ratified by most member states. The ILO's method for supervising the implementa- tion of these conventions centres around -the regular reporting by states on the measures they have taken to adhere to the conventions. These reports are examined by an independent commit- tee of 'experts who would then comment on them and submit their views to the annual main conference. Be- cause of the high standing of the committee of experts its opinions, especially when they disclose breaches by a state, are of great influence, and have often resulted in the Government . making changes in its laws. The ILO constitution also allows for the making of representations alleging breaches, - and . for a com- plaints procedure which could eventually involve investigation by a commis- sion of inquiry and a refer- ence to the International Court of Justice. The European Social Char- ter (under the umbrella of the Council of Europe) guar- antees 19 fundamental social and economic rights. It, too, uses a reporting procedure whereby members of the council send a biennial report on steps they have taken to carry out their obli- gations under the charter. This report is considered by three separate agencies which submit their com- ments to the council's com- mittee of ministers which in turn if necessary puts pres- , , eve t ents winch CIA -4 $%.000 1 0=2= their obli- Nations organizations which gations to remedy their CPYRGHTApproved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 breaches. The achievement of the charter has been that almost all the members of the Council of Europe have in some way altered their own laws as a result of adverse comment by one or more of the three agencies. For instance, on the subject of forced labour for seamen, six countries have had to amend their legislation. This sort of experience has been repeated in other spheres. Not only government agen- cies concern themselves with human rights. A number of non-government bodies have men involved in the trrotec- Woridv ide perspective uni es ~teac erg of the new disci despite their discord C PbyYCl`94Y Thornberry human rights law may, rather arbitrarily, be given as 1945, with the United Nations Charter.. Twenty years passed before the new con- cepts came to be systematic- ally taught and studied in the western world. It has now become almost an academic growth Industry, but there is still uncertainty over the scope of the new field of study, and the most effective methods of analysis and pro- pagation. - In the 1960s there was an almost simultaneous start to international human rights courses in a handful of law schools in the United States, Britain, and Western Europe. " Human rights " were taught, and still are in some cases, as a part of other legal and political Science subjects. But it became increasingly evi- dent that the special charac- ter of international human rights law precluded the pos- sibility of treating it in any adequate manner within existing academic structures. There are three reasons for this : it' cannot be given as a part of an internal course because its framework is in- ternational ; it cannot be treated as a pert of general international law because its perspectives and values are different from, and at times controvert, those of normal inter-state law, and its con- cepts, for instance what is meant by "inhuman treat-. went ", require a multiple discipline approach which is not normal in general legal studies. Starting apparently at the London School of Economics, a handful of specific full-unit Lion of civil liberties around the world. Prominent among them is the International Commission of Jurists, a Geneva-based organization which numbers among its members lawyers of high calibre, many of them judges and professors of law, from a number of countries. The commission's main concern is to see to it that the rule of law is upheld and to ' this end it closely watches legal developments all over the world, and it documents and publishes cases where inter- nationally accepted. stand. ards of justice have not been Nobel Prize to the establish- ment in Strasbourg of an In- ternational Human Rights Institute. In the United States, well .,supported courses now exist at Berkeley, Harvard, Colum- bia and elsewhere. Unesco is studying the nature of the present academic develop- ment with a view to creating a human rights faculty at the proposed United ' Nations university. It is hard to explain this .rapid and recent develop- ment, though it may have something to do with an unease at the inadequacy of the modern state to control its own official mechanisms. Pioneers such as the late Sir 'Hersch Lauterpacht had re- searched,. proselytised, pub- lished in the early years after the Second World War. Though their intellectual achievements may remain unmatched, the development of hard political and legal substance lagged behind their vision. This was especially true of the universal level, at the United Nations where work was in many ways sadly disappointing. . How- ever, during the 1950s there were remarkable develop- ments u} the Council of Europe through the Euro- pean Human Rights Conven- tion. By the end of the 1960s a large body of international law had been created and awaited analysis.-There were signs during International +.~~,. ~?c y reawakened take part of its mandate more to the need o the existing seriously, by examining the international machinery. complaints c,f those denied Above all I wa aware of the their basic human rights vast problems o making that throughout the world. Spe- machinery effe 've. Major cialists began to lay emphasis omissions in e traditional on making internationally academic area ent of inter- created standards effective. national law nd relations The Scandinavian govern- had become . a parent and ments launched their unpr, - these underline a number of t cedented international human possible miscon eptions. For rights cases against the Greek me,, the Lauter acht aura, so ,military junta before the' strong at Cam ridge in the European Human Rights 1950s. was still trong. Commission in Strasbourg. There is still d'scord among This case, which from some teachers of th new disci- viewpoints also represented Apline. The various courses an unprecedented failure of have varying emphases. This the new machinery, inaugu- seems both use '111 and crea. rated the new and still tive, provided t ere is agree- unfolding era in which the ment on certai basic pre- commission has been .presen- I msues. What gives unity is ted with a series of cases the international perspective. touching upon basic issues of The subject o study is the state rights and human free- rudimentary common law of doms, mankind in his relationship Finally, an event of great with state authority. The national and European impor- sources of such 1 w are mani- tance, Britain at last accepted fold : treaties, t e case law the right of individual peti- of international ti-ibunals, the tion to Strasbourg. Hence- -practice of intern tional orga. forth the aggrieved citizen nizations, the to ets of Phil()- s' have his claim of denial sophy, expedient and aspira- of human rights decided not by a British but ultimately by a European and international standard. For myself, associated with these new developments in Britain, the catalytic experi- ences were part British and part international. Questions of race, Northern Ireland, and other questions in the late 1960s seemed to invite new forums f d or ebate and Human -Rights- Year in 1968, the` application of fresh gran. - ga wards - standards which tion of the Universal Declara- might be more satisfactory tion of Hufnan Rights, that than those then available in the older aspirations were Britain . courses now exist at various being refreshed by new Y poli- As a newspaper corres on law schools in Britain or tenth tit-al initiativnc 'a___ __ p and internal cas some, thouah- which domestic reference, may b upon self-indulge -intellectual accen -For graduate and e r a d u t d F o r w e l e s s " A b = : C A ` ` = c 4 i 94A 010 ~n m the encouragemen vague, so ome mere ability, Yet instrument CPYRGHTApproved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7 lion about possible court judgments in a notional situ- ation. The amount of positive law .now available to student, ad. vocate, judge or academic, seeking to apply an inter- national human rights stan- dard is immense and can be overwhelming. In the area of those human rights which touch upon social rights, a tribunal could be almost en- gulfed. It might be referred, not only to more than 130 multi- lateral treaties concluded under the International Labour Organization, to- gether with that body's prac- tice and dispute settlement; but to more than 6,000 cases decided over the past 20 years by the European .'.Human Rights Commission, .not to mention the decisions of national tribunals purport- ing to apply the European Convention; to the treaties They establish a universal and practice of the United catalogue of basic civil and Nations and its various agen- political, economic, social cic_; and to the work of and cultural rights. Neither is the supervisory authorities yet in force. Britain has not applying the European Social ratified either. But the study Charter. of this subject encourages the Only then might the inter- long view of history as well national tribunal refer to as the perception of short- decisions -of domestic agen. term gains. Did not the crud- cies enforcing, est form of chattel-slavery g, against surely the most blatant dem national perspectives, internal of human rights, prevail in laws. The immensity of inter- all areas of the world for mil- national human rights law ?lennia; until the relative yes- material is probably not even terday of abolition? now known-to the majority of Common, limited agree- .international lawyers, not to meat is possible. But cultural .mention- those whose legal specializations are internal. differences are also real. Indeed international human rights law may already have passed the critical point which long since prevented .the international lawyer from `having other than a nodding acquaintance with some areas of the subject. . International human rights law is about the values, deemed common thong the cultures and ideologies of the world affecting the rela- tionship between individual and state. There is room for scepticism over the notion that in a world deeply divided by politics, race and under. development, such common values may be found. Yet against this scepticism must be set such facts as the two United Nations covenants of 1966. Communist and developing nations may see other priori. sources, treat developments in the United Nations and its specialized agencies, before homing in on the detailed practical experience of the European Human Rights Con- vention. The student must be ap- praised of the differences be- tween national and interna- tional societies. The import- ance of this is clearly seen when considering questions of effectiveness, how law evolves, agencies and struc- tures, Including the role of non-governmental organiza- tions, which substitute in in- ternational society for the absent organs of law creation and enforcement. ties than the lawyers of It may be important to en- liberal capitalism, --Neither courage the student to evalu- should dismiss the other's ate the -underlying forces standpoint. Yet-one of the affecting the law's develop- most difficult exercises for ment. because they so inti- the teacher steeped in . one mately affect what the law society's values is to present is -and will be in a concrete those of another which may instance. He should' perceive pline is to' have any preten- sion to universality, the attempt must be made. Because the differences exist there is a marked tendency towards regionalism among countries of close cultural backgrounds. Thus most European courses, after dealing with the historical origins of the subject, and emphasizing the diversity of its ideological- the difference between this and other international law: there is little immediate state interest in creating effective international human - rights techniques - which, while de- pending often on the state for their evolution, detract from state power. This compares for example. with`the law of the sea, where there is im- mediate common state in- terest in evolution and agreement., Approved For Release 1999/09/02 : CIA-RDP79-01194A000100620001-7