Human Rights Education for Sustainable Peace : Challenges Ahead
- Part 1 -

Dr Jayadeba Sahoo *

A woman speaking in the sharing session in Relation with International Human Rights Day 2011 at Palace Compound :: Pix - HL

Human Rights Day, December 10th, is an opportunity to reflect on the gains and losses of the human rights movement. In this threshold of a new millennium, While observing 62nd World Human Rights Day today on 10 December 2011 recognises the work of human rights defenders worldwide who act to end discrimination, we are witnessing the familiar patterns of genocides, mass murders, and massive violations of human rights caused by the rise of racism, xenophobia, sexism & religious intolerance that tear people apart within nations. Certainly, cold war has come to a close. Still, no less disturbing for the protection of human rights, world peace, and security are new threats stemming from environmental degradation, terrorism, biomedical tech., drug addiction and HIV/AIDS. The scourge is universal. We are living in the world of global terrorism and warfare.

Thus 'if we want to preserve this humanity, we must give every chance to peace, freedom and conviviality. Because lasting peace is a prerequisite for the exercise of all human rights and duties,' says Federico Mayor, the Director General of UNESCO. So there is talk of human rights.

Human Rights are a universal phenomenon because rights have been embibed in our society over the years. It is a realisation that without Human Rights (HRs) we cannot live as human beings. They include all fundamental freedoms and are based on mankind's demand for a life in which the inherent dignity and worth of each human being will receive respect and protection. It is possible only if we respect and take care of the needs and rights of one another. Let us, therefore, understand how this phenomenon of human rights has come up.

Human rights as a global phenomenon are inherent in nature, which refers to fundamental freedom and basic liberties without which one cannot live with peace, happiness, respect and dignity. The idea that there are equal rights for everybody and freedoms that apply to everybody is an idea of modern times. This idea of Human Rights first emerged with the Megna Carta of 1215 and the Bill of Rights and 1689 in England and spread with the Declaration of Independence of the USA in 1776 and the Declaration of Rights of Man and the Citizens in France in 1789, but the idea of Human Rights only really took place on a Universal dimension with the adaptation by the UN General Assembly of the Universal Declaration of Human Rights (UDHR) in 10th December, 1948 after which 10th December is observed as World Human Rights Day every year. Later two more documents were adopted namely:

a) International covenants on Economic, Social & Cultural Rights (ICESCR) & its optional Protocol

b) International Covenant on Civil & Political Rights (ICCP) & its optional Protocol.

These three documents together constitute the International Bill of Human Rights.

VALUES-BASIS OF HUMAN RIGHTS

The very first Para of the preamble of the Declaration says that recognition of the inherent dignity &…equal…. Rights of all members of the human family are the foundation of freedom, justice and peace in the world. Para 5 of the preamble states that the people of the United Nations have in character reaffirmed their faith in fundamental human rights, in the dignity and wroth of the human person and in the equal rights…." Again, Article 1 states, among other things that "all human being are…. Equal in dignity…. Endowed with reason & conscience" and calls upon all human beings " to act towards one another in a spirit of brotherhood."

So the Declaration enjoys upon all to enjoy and tell all others enjoy freedom, justice and peace. This freedom, peace, justice, dignity are feelings and experiences as well as Human values. Likewise, Article 5 says that " No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Article 12 says, " No one shall be subjected to arbitrary interference with his privacy…. Nor to attack upon his honour and reputation. "The intention of the Article 5, enunciated in positive terms, is that " everyone should be kind, considerate, compassionate or dignified in his behavior with others."

The intention of the Article 12 is that "every person must allow others the freedom of privacy… and should treat everyone else respectfully and gracefully." Further, Article 20 states, "everyone has the right to freedom of peaceful assembly and association." Thus all these HRs asserts the various values like a) Kindness, b) Compassion, c) Care for others, d) Respect the dignity 7 honour e) Maintaining peace, f) Universal brotherhood, g) Fellow feeling etc. Therefore values are the roots or basis of all HRs enshrined in UDHR and Consequently in Constitutions of various countries.

HUMAN RIGHTS & INDIAN VALUES

Though the expression 'Human Rights' seems to be western originated and western-oriented as values are the basis of all Human Rights, Indian (Bharatiya) traditional values have the oldest pedigree about it. The Vedas including Upanishads (Shruti) are the primordial source of "Dharma," a compendious term for all Human Rights and duties essential for peace and happiness to individuals and society. The Smritis and the 'Puranas' are collections of the rules of Dharma including civil rights and criminal liabilities (Vyavahara Dharma-the Code of Conduct) as also Raja Dharma (Constitutional Law) where as Kamandaka, Sukraniti and Kautilya's Arthasastra are on Raja Dharma. All these intend for securing peace and happiness to all.

"Dharayate eti Dharmah." Justice K. Ramaswamy in a Supreme Court Judgement in the case of A.S Narayan Dixitulu Vs. State of Andhra Pradesh (1996) after referring to a plethora of literature on the meaning of Dharma stated: "The world Dharma denotes upholding, supporting, nourishing that which upholds, nourishes or supports stability of the society maintaining, social orders and general well being and progress of manking."

The proclamation "Vasudheiva Kutumbakam" cannotes to " humanity as family," the concept of global village/citizenship. As the natural desire of all human beings is "Peace and Happiness" these are the basic human rights for which all those world bodies and Declarations are striving for. In the words of Frederico Mayor, the Director General of USECO, the basic right which underlies all human rights is the Right to peace-the right to live in peace." So there is UNESCO programme for 'Culture of Peace.'

The idea that all should enjoy peace and happiness is age old in India as Shikshyavali of Taittiriya Upanishad says: "Sahanabhavatu…. Ma bidisabahi, Om Shantih, Shantih, Shantih"

"May He (God) protect us both together… may we not hate any one. Let there be peace, peace & peace."

"Sarve Jana Sukhino Bhavatu" - 'Let all be happy' is the highest ideal of human life.

RIGHT OF EQUALITY

Regarding Right to Equality and spirit of Brotherhood Rig veda says "Ajyasthas, Akanishtas etc… San Bhrataran." No one is superior, nor inferior… All are brothers. "Samani Propa Saha Vannabhagah" "All have equal right on food, water…' says Arthervada. Giving high status and honour to women Manu Smriti says" 'Jatra Pujyante Narih Ramanti Tatra Devataha'—The land where women are honoured is a land of deities.

RIGHT OF EDUCATION

Veda proclaims three types of pious obligations viz a) Devruna, b) Pitruruna, c) Rishiruna, Supreme Court of India in Mohini Jain's (1992) and Unikrishnan (1993) cases upholding the right to education as fundamental right say "… Education as are of thee pious obligations of the human society…." The importance of the education was emphasized in the "Neetishatakam" by Bhartruhari (First Century BC.)." Neetishatakam says: "Vidyanam narasya… Vidya bihinah pasuh."—"Education is the special manifestation of man… A man without Education is a beast." Article 26 of UDHR & Article 41, 45, 46 of Indian Constitution speaks about right to education.

Human Rights Vs Duty/Responsibility

The difference is when western expression talks of Human Rights, Indian tradition Dharma emphasise on Human Duties and Responsibilities. The Universal Declaration of HR has in all 30 Articles, out of which 29 Articles talk of "Right" only. Only part of Articles 29 makes a brief reference to Duties. Therefore, HR is of negative affirmation. The Indian Constitution, however, gives a better expression to Duties of an Indian Citizen in Article 51A, added to the Constitution in 1976-77. It enjoins on its citizens to have compassion for living creatures, to live with the spirit of brotherhood, to abjure violence ie adopt non-violence, to have honesty and to treat women with respect. Doubtlessly all these talk of inculcating some moral values in the self.

THE ROLE OF EDUCATION

Jesus Christ told "Thou shalt love thy neighbour as thy self." In spite of all these proclamations and assertions why has our Garden world become a jungle of thrones, squeezing the joy out of existence at every moment? What can be done? We have capacity to over come all these. However, what is missing is the wisdom. Knowledge proliferates but wisdom languishes. Gandhiji had said "Information without formation leads to deformation." This is the cause of present predicament. What we need is to internalise knowledge and values empowerment of human beings.

Here comes the role of education in its true sense, which is futuristic, and Value Based, not mere literacy or Human Rights literacy only. Frederico Mayer states, "In education nothing can replace the friendly words of a teacher, or the caresses and smiles of parents. The real education is the education is by example… and love". Again, it contains values like sweetness, cheerfulness and love. However, daily experience is different. For example, every body knows not to be angry and hurt feelings of others. Still in every day life we all most all angry upon others in our family itself and destroy the family peace violating human rights in our micro-world family.

To be continued...