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If human rights aren't universal, why should we care what happens elsewhere?
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COMMENT | The United Nations Universal Declaration of Human Rights (“UDHR”), the 70th anniversary of the adoption of which was commemorated on Dec 10, 2018, starts with the statement that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.

Based on this foundational premise, the UDHR in turn constituted the cornerstone for subsequent international covenants and treaties addressing the multiple and multifaceted aspects of human rights.

Whether focusing on the elimination of racial discrimination, eliminating all forms of discrimination against women, promoting the rights of children and persons with disability, or the civil, cultural, economic, political and social rights of all, it is the “inherent dignity and of the equal and inalienable rights” that must remain foremost in importance.

I do not think that those opposed to Malaysia’s accession to the International Covenant on the Elimination of Racial Discrimination (“Icerd”) object to the “inherent dignity and of the equal and inalienable rights” for everyone.

I believe they object to the interpretation of what constitutes indignity, what constitutes rights, and the areas of life in which these understandings of “inherent dignity and of the equal and inalienable rights” are applied.

Their objections are based sometimes on religion, and sometimes on national specificities and particularities.

In respect of the latter, they argue that a country’s history and present trajectory do not allow for comprehensive equality of rights and dignity for all. Whether by reference to past injustices or present legislation or policies, comprehensive equality of rights and dignity is not possible, even not desirable.

A fundamental fallacy

This is a fundamental fallacy, and should be exposed as such.

Every country and territory in the world is unique, with its own crises, conflicts, conflagrations and constitutions. If all countries insisted on going their own way, or doing their own thing, whether in respect of Icerd or any other international human rights covenant or instrument, there would be no universality.

Universality arises when countries believe there is value in coming together and joining in common ground and shared values. And that the sum of the whole is greater than the sum of its parts: when countries come together in unity, greater things can be achieved.

We in Malaysia should know this well, given our national motto ‘Bersekutu Bertambah Mutu’. Just as there is strength when people unite, there is power for good when countries come together.

If values of equality of rights and dignity were not universal, then there would be no point speaking out and standing up for the Palestinians in Gaza, the Rohingya in Myanmar, the Uighurs in China, or for religious minorities in Europe.

If we did, someone would turn around and say, “Ah, but you don’t understand our unique history, our culture, our way of life. We are different. And we don’t want you introducing foreign influences into our society.”

No country’s history is so unique, their way of life so different, as to displace “inherent dignity and of the equal and inalienable rights”.

That is not to say it has not happened in the past. Colonialism meant one country conquering, dominating and subjugating another, treating the local citizens as somehow inferior and second, maybe even third, class.

But the era of colonialism was ending when the UDHR was adopted in 1948: the Philippines became independent from the US in 1946; and India and Pakistan achieved independence from the UK in 1947, followed by Burma (Myanmar) and Ceylon (Sri Lanka) in 1948.

Nazi Germany and apartheid South Africa and Southern Rhodesia are examples of countries where racial supremacy was promoted by the state and the state religious authorities perpetuated a perverse interpretation that led to religious superiority.

While the governments of these countries have been consigned to the ash heap of history, their embers remain.

Hence the need for countries around the world to continue to work together to eradicate such pernicious ideology and practices. The price of harmony is eternal vigilance.

Likewise, no mainstream religion sanctifies inequality and discrimination; we are all created equal in dignity and rights.

Inequality comes about because of mankind’s selfishness, greed and injustice. So as we move forward, we do however need to deal with history’s economic, political and social legacies.

Acknowledging universality

Colonialism and segregation were not dismantled in a day, and equality of rights and dignity are not reconstructed overnight. Time has to be permitted to create a fair, just and equitable system and level playing field.

Supremacist and patriarchal attitudes need to be transformed in order for discrimination of race and of women to be totally eradicated respectively.

Condescending charity needs to give way to constructive accommodation in order for persons with disability to enjoy substantive equality and hold their own in society.

And the economically backward and social underclasses will require affirmative action to lift them out of the trap of poverty, structural inequalities and hopelessness.

To justify discrimination of any kind by reference to national sovereignty, a way of life or the right to be different from others denies equality of rights and dignity.

Poverty, preference and patriarchy may rob you of opportunity, but it is the universality of human rights that lifts people to reclaim their birthright of equality and dignity.

By acknowledging the universality of human rights, we affirm the legitimate right of people all over the world to strive to seek to live a life free from the domination and subjugation of others.

It is in the pursuit of equality of rights and dignity that people find self-determination, self-identity and self-empowerment. And it is for the sake of people who currently cannot do so for themselves that we need to collectively speak out and stand up for the universality of human rights.


ANDREW KHOO is co-chair of the Bar Council Constitutional Law Committee. He was co-chair of the Bar Council Human Rights Committee from 2008 to 2018. He writes here in his personal capacity.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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