Freedom, Equality and Justice for All

“Human rights are not a privilege conferred by government. They are every human being's entitlement by virtue of his humanity.”- Mother Teresa. We often speak about human rights in a loose manner. Perhaps, this is from a perspective of being ill-informed as well as being victims of injustice of one sort or another. Additionally, human right is oftentimes juxtaposed with justice. It is our ignorance of our human rights coupled with a culture of fear and intimidation that facilitates the continued abuse of our human rights. The Constitution of Jamaica guarantees the Jamaican citizen a number of rights: The right to life, liberty and security of person except in the execution of the sentence of a court in respect of a criminal offense of which the person has been convicted. Additionally, human rights are: The right to freedom of thought, conscience, belief and observance of political doctrines the right to freedom of expression, the right to equality before the law, the right to freedom of religion, the right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage. It is evident that human rights ought to be universal but the application of such rights is often not applied universally but applied on the grounds of one’s wealth and political and familial connections. What Are Human Rights?. Each time the topic of human rights is discussed my thoughts return to the seminal song ‘War’ by the legendary Jamaican reggae artiste Bob Marley. “that until the basic human rights are equally guaranteed to all, without regard to race, dis a war.” Not to be outdone, Marley’s fellow Wailers superstar Peter Tosh also sang the popular lyrics to ‘Equal Rights’. One verse that stood out is, “I need equal rights and justice.” While both songs, some will argue both anthems were done decades ago they still very much reverberate with many of us regardless of skin colour, sexual orientation, language, religious persuasion or socio-economic background who have been victims of injustice. On the other hand the United Nations (UN) defines human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination. The definition regarding human rights by the United Nations is rather comprehensive. Unfortunately, in many societies the application of human rights is not extended to everyone. Sadly, human rights in most societies have to be fought for in the courts. This process is oftentimes a lengthy and costly course. As a result many of us are denied some of our inherent human rights. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. The UN has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities. The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies. Human Rights Day is observed by the international community every year on 10 December. It commemorates the day in 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights. The theme for Human Rights Day 2023 is "Freedom, Equality and Justice for All". December 10, 2023 marks the 75th anniversary of one of the world's most groundbreaking global pledges: the Universal Declaration of Human Rights (UDHR). This landmark document enshrines the inalienable rights that everyone is entitled to as a human being - regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 and sets out, for the first time, fundamental human rights to be universally protected. Since, 1948, human rights have become more recognized and more guaranteed across the globe. The UDHR has since served as the foundation for an expanding system of human rights protection that today focuses also on vulnerable groups such as persons with disabilities, indigenous peoples and migrants. Economic, Social and Cultural Rights. The International Covenant on Economic, Social and Cultural Rights entered into force in 1976. The human rights that the Covenant seeks to promote and protect include: the right to work in just and favourable conditions; the right to social protection, to an adequate standard of living and to the highest attainable standards of physical and mental well-being; the right to education and the enjoyment of benefits of cultural freedom and scientific progress. Civil and Political Rights. The International Covenant on Civil and Political Rights and its First Optional Protocol entered into force in 1976. The Second Optional Protocol was adopted in 1989. The Covenant deals with such rights as freedom of movement; equality before the law; the right to a fair trial and presumption of innocence; freedom of thought, conscience and religion; freedom of opinion and expression; peaceful assembly; freedom of association; participation in public affairs and elections; and protection of minority rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading treatment or punishment; slavery and forced labour; arbitrary arrest or detention; arbitrary interference with privacy; war propaganda; discrimination; and advocacy of racial or religious hatred. Corruption and Human Rights. There is no doubt that there is a link between corruption and human rights given that both paradigms cannot strive harmoniously together. The United Nations (UN) states that corruption exists in all countries, irrespective of the economic or political system and their level of development, in the public and private spheres. It is a transnational phenomenon requiring international cooperation, including in the recovery of the proceeds of corruption. Corruption is not a victimless crime. Disadvantaged groups and persons suffer disproportionately from corruption. Due to pre-existing inequalities and intersectional discrimination, corruption has a disproportionate impact on women, children, migrants, persons with disabilities and persons living in poverty as they are often more reliant on public goods and services and have limited means to look for alternative private services. Those who are marginalized also typically have fewer opportunities to partake in the design and implementation of public policies and programmes and lack the resources to seek accountability and reparations. The UN is of the view that corruption has a destructive effect on State institutions and on the capacity of States to respect, protect and fulfill human rights particularly of those persons and groups in situation of vulnerability and marginalization. Corruption and associated illicit financial flows pose a major challenge to many societies as they divert public revenues and cripple public budgets that should provide healthcare, housing, education, and other essential services, they undermine States’ ability to meet their minimum core obligations and their pre-existing legal obligations to maximize all available resources to respect, protect and fulfill Economic, Social and Cultural Rights (ESCR). Moreover, corruption undermines the functioning and legitimacy of institutions and processes, the rule of law and ultimately the State itself. Transparency International in their 2022 Corruption Perception Index (CPI) said, corruption in the Caribbean has shown no improvement over the last decade as we seem to be content to have set up shop at the bottom of the CPI. In terms of points, with 100 as a perfect score, Barbados dropped from 76 in 2012 to 65 in 2022, the Bahamas from 71 to 64 and St Lucia from 71 to an astonishing 55. Transparency International adds, that islands ranked poorly in the Caribbean are: Cuba, Jamaica, Trinidad and Tobago, Guyana, Suriname, the Dominican Republic and Haiti. There has been no significant improvement over the last decade in any of these countries except for Guyana, which moved up from a score of 28 in 2012 to 40 in 2022. Transparency International is the global civil society organization leading the fight against corruption. We hold the powerful and corrupt to account, by exposing the systems and networks that enable corruption. We advocate for policies and build coalitions to change the status quo. Our vision of a corruption-free world is not an end in itself. It is the fight for social and economic justice, human rights, peace and security.

Strengthening Human Rights in the Caribbean. According to Professor Rose-Marie Antoine, of the University of the West Indies, St Augustine campus states that human rights are under served in the Caribbean. She adds that the lack of legal services and advocacy, she believes, leaves marginalized groups in the Caribbean vulnerable to human rights abuses. Interestingly, there is the Caribbean Centre for Human Rights (CCHR) based in Trinidad and Tobago. Founded in 2006, the Caribbean Centre for Human Rights (CCHR) is an independent, nonprofit, non-governmental organization (NGO), dedicated to the empowerment of human rights activists, organizations and the Caribbean communities. CCHR engages in public education and awareness campaigns, legal advocacy and building strategic partnerships to advance human rights. It is important that Caribbean governments revisit the notion of human rights with an aim of strengthening human rights capacity throughout the Caribbean through legal education delivery and campaigns. The time has come for governments to invest more in the promotion of human rights awareness of human rights throughout the Caribbean. In order to enhance human rights awareness in the Caribbean region governments must engage in partnerships with such bodies as the European Union Fund (EDF). The EDF project focuses on five main thematic human rights areas: child rights; gender-based discrimination and violence; rights of refugees, migrants and persons deprived of liberty; rights of persons living with disabilities and indigenous communities. Absorbingly, the Universal Declaration of Human Rights holds the Guinness World Record as the most translated document, yet the notion of equal dignity and worth of every person continue to be elusive for millions of people globally. Far too many people are still unaware of their basic rights as human beings; additionally even when they are aware most are not economically empowered to pursue the violations of their human rights in the courts. The quote by William E. Gladstone, justice delayed is justice denied is very much appropriate in this context. One critical component of human rights that urgently needs addressing is that of the wait time in the court system for justice to be dispensed to the average citizen. The effectiveness of justice must be served in a timely manner; too often the road to justice and human rights protection is a protracted one filled with many obstacles. The citizenry must believe and have faith in the justice system as they pursue justice to right that which was wronged. It is fair to say that many global citizens view human rights as rights only for the rich and those powerfully connected and this is problematic. On this Human Rights Day, much more needs to be done in order to restore the faith of the average citizen in the court justice through which justice can be dispensed. Governments need to work assiduously to dispel the myth that justice and human rights are only for some. The average citizen should feel a sense of belonging to the systems in place there to safeguard their human rights. Governments too need to allocate more funding to non-governmental organizations (NGO’s) that are tasked with advocating for human rights and social justice for the citizenry. State funding and continued research are two important pillars in restoring and enforcing confidence in human right capacity in any society. Stand up for human rights. In the words of Nelson Mandela, to deny people their human rights is to challenge their very humanity. Wayne Campbell is an educator and social commentator with an interest in development policies as they affect culture and or gender issues. waykam@yahoo.com @WayneCamo © #humanrightsday #StandUp4HumanRights