Since its foundation, the International
Progress Organization has been committed to the full realization and
universal application of human rights. As a consultative
organization of the United Nations, we consider it necessary to
harmonize the current system of international law -- as incorporated
in the UN Charter -- with the universally valid norms of human
rights.
We deeply regret that, since the
Declaration of 1948, human rights have in many instances been used
by certain governments and groups as a pretext for political
propaganda against rival governments and political systems rather
than as unequivocal guidelines for all political and legal decisions
of the Security Council, the General Assembly, and individual member
states.
We have the firm philosophical conviction
that human rights are the basis of validity for any legal system --
including the system of international law -- and that those basic
principles can only be implemented in a political framework which is
genuinely democratic. Accordingly, traditional principles of
international law -- e.g. the sovereign equality of states -- must be reshaped along the lines of the basic rights of
any human
being as a sovereign citizen.
As we have outlined in our programmatic
document, "The Principles of International Law and Human Rights --
The Compatibility of Two Normative Systems" (1981), human rights are
indivisible and constitute a universal normative system that
comprises domestic and international law as its sub-systems. In
addition, human rights are of trans-cultural nature and must not be
exploited for ideological propaganda in support of whichever
religious or political system. A "Eurocentric" approach would
be totally incompatible with their universal nature. The
hermeneutical process of interpretation of the general principles of
human rights must be reconciled with the multitude of social and
cultural value systems on our globe. "Ideological imperialism" is
incompatible with the universality of human rights. Thus, we are
deeply worried about human rights being used as a tool in a new
ideological confrontation between North and South. This may further
intensify the already existing antagonism in the political and
economic fields.
The International Progress Organization
attributes special importance to item 10 of the provisional agenda
("Consideration of the relationship between
development, democracy and
the universal enjoyment of all human rights") and would like to
state that the indivisibility of human rights requires that
traditional human rights as perceived and defined by the West --
namely "classic" civil
and political rights -- are integrated into the broader context of
social, cultural and economic rights. Political rights are
meaningless if they are not connected with basic social and economic
rights. The latter are a necessary condition for the validity of the
former. There are no political rights as long as the right to
development is denied to peoples in many countries.
The same nexus exists
in regard to the political system. As we have
made clear in our earlier publication "Democracy and Human Rights --
Do Human Rights Concur with Particular Democratic Systems?" (1990),
a democratic system of decision-making is
conditio sine qua non
for making human rights meaningful, i.e. applicable under the rule
of law.
Our organization
considers item 12(c) ("Recommendations for enhancing
the effectiveness of United Nations activities and mechanisms") of
paramount importance not only for the present conference, but for
the credibility of the United Nations as a whole. We deeply regret
the fact that, at present, effective (international) enforcement of
human rights is impossible due to impediments in the UN Charter
itself. The Commission on Human Rights is confined to the mere
filing of human rights violations. The Security Council is
handicapped by the veto rule, which in fact implies that the mechanisms of power politics override the
unequivocal
application of the rule of law. So far, we have witnessed a
policy of double standards
which results from a very selective
application of human rights and international law principles by the
Council. (Cf. the publication by the I.P.O., "The Voting Procedure
in the United Nations Security Council," 1991.)
As this state of affairs undermines not only the United
Nations' credibility, but also international legality as such, the
International Progress Organization calls for the establishment of
an International Court for Human Rights
that will make it
possible to bring cases of egregious human rights violations before an
independent international judiciary -- without interference of the
respective domestic authority.
On a regional
level, we have already seen that such a system is workable. Why
should it not be applied on a worldwide level? The amendments to the
Charter of the United Nations that this measure requires could pave
the way for a complete reshaping of the system of international law.
The rules of power politics would thus be transformed into a system
that will be characterized by the supremacy of the norms of
human rights. Only in such a normative framework can the
rule
of law prevail and will international legitimacy be guaranteed.
If the member states represented in the General Assembly are
committed to more than just paying lip service to the noble cause of
human rights, they should seriously consider such amendments to the
Charter.
***