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Editorial |
The inaugural edition of a new publication about human rights presents a
good opportunity to stand back and consider why we bother about human
rights at all. The origin of recognisable human rights discourse can be
found in the second half of the 18th century - Tom Paine published ‘The
Rights of Man’ (and was prosecuted for sedition); the French Revolution
overturned the aristocracy and proclaimed the ideals of ‘Liberty, Equality
and Fraternity’. In 1776 the American colonists signed the Declaration of
Independence. Its opening words are as memorable as they are noble: We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty and the pursuit of
Happiness. However, the record of human rights is stained with
hypocrisy. High ideals are voiced and approved, but they are frequently
not matched by performance. One hundred years after the French Revolution, its ideals
had been lost. Captain Dreyfus was prosecuted for alleged espionage. The
prosecution was a monstrous fraud, driven by the deeply ingrained
anti-Semitism in the Army and the Church. The court held that the words And one hundred years after the Declaration of
Independence, the United States Supreme Court had to interpret the words
of the Preamble in a suit brought by Dred Scott; a slave who had lived for
thirteen years in a non-slave state. Relying on English precedents, he
sued for a declaration that he was a free citizen of the United States.
The Court held by a majority that the words “all men are created equal”
did not refer to African Americans. They were, the Court decided,
“regarded as beings of an inferior order, and altogether unfit to
associate with the white race”. The first half of the twentieth century was also stained
by dreadful abuses of human rights: the Armenian genocide, the Jewish
genocide in Germany and the depraved Japanese medical experiments in Unit
731 at Harbin in China, the Russian gulags… It was in this context that
the Universal Declaration of Human Rights was created. Although the United
States led the world in creating the Universal Declaration, they have
failed this heritage in recent times. Guantanamo Bay is a scandalous
violation of basic human rights principles, and one which Australia is
supporting in silence. ‘Anti-terrorist’ legislation in the United States
and in Australia involve serious erosions of human rights which neither
government has attempted to justify as proportionate to the risk it seeks
to meet. Since the September 11 attacks, there has been a significant
retreat from the principles of the Universal Declaration. Six hundred and
fifty thousand Iraqi lives were taken in the invasion of Iraq in
retaliation to the deaths of three thousand American citizens. Such is the
calculus of the land of the free. By their conduct over the past five years, Western
countries are saying, inferentially, that human rights are for ‘us’ not
for ‘them’. How quickly we have forgotten the lessons of history. Human rights only become a really difficult question in
times of stress. They only present a challenge when the person whose
rights are in question is someone we fear or hate. That is the problem we
face today. That is why we need a new magazine about rights, now. Julian Burnside is a barrister specialising in commercial
litigation and human rights. Julian is the President of Liberty Victoria.
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