Connect with us

New Social Compact

The riposte of Thomas Paine to Edmund Burke: “Rights of a Man”

Nargiz Hajiyeva

Published

on

This prominent masterpiece written by Thomas Paine played a pivotal role in the history of human being that embraced all aspects of rights of a man, following natural rights, intellectual rights, natural interests, and mainly the importance of human dignity.

Thomas Paine was an Anglo-American philosopher, political theorist, and activist who made a great contribution to the history of mankind with his eminent works; the Common Sense, the American Crisis, the Rights of a Man, the Age of Reason, and Agrarian Justice. The Rights of a Man as an influential pamphlet echoes its huge impacts on the present day. In fact, Thomas Paine noted all meaningful rights of a man in his pamphlet. At the start of the French revolution, the British politician Edmund Burke who was a supporter of the American Revolution condemned the French Revolution and advocated in his “Reflections on the Revolution in France” that the French Revolution had engendered the extremist movements and radicalism which caused an unprecedented destruction of a nation’s social groups (particularly, elites, aristocracy) and devolved the civic society of France into democratic dictatorship and barbarism. After the Edmund Burke’s argument, Thomas Paine highly criticized his pamphlet and gave his pro-revolutionary riposte to him and argued in his Rights of a Man, that the French Revolution was a successful beginning of a new era of human history with which a man would be able to apply new-fangled “Enlightenment” values to his society, and by starting with new era, men could secure peace through the adoption of the system of newly secure government based on their mutual rights. “The Rights of a Man” was composed of two main parts. The first part dedicated to U.S President G. Washington chiefly addresses to the most of E. Burke’s questions regarding the French Revolution. The second part subjects to the debate of the principles of government that advocates the Constitutional Republic that the French Revolution reached it. In this essay, Thomas Paine gives his exact arguments point by point on Burke’s questions and mainly criticizes the error points of Edmund Burke on French Revolution and countered that his pamphlet concerning the French Revolution was “odd case”. Unless, some criticism on the essay, it had given huge contribution to the universal human rights in today’s world.

The Rights of a Man is an important work for both past and present days. Today, it remains the one of the pivotal works regarding human rights. In fact, the essay embraces all aspects of natural interests, rights, and the significance of human self-esteem. Therefore, focusing on this topic gives large-scale insight to understand the meaning of human rights. This essay is one of the best-known masterpieces of Thomas Paine, which he declares that the French Revolution is the beginning of a new era for the “Enlightenment” principles and values in human society. It is the beginning of the establishment of newly rational governments based on the mutual understanding and rights of human society.

As I mentioned before that this prominent pro-revolutionary pamphlet dedicated to U.S President George Washington was written as a response to the Burke’s questions regarding his attack on the French Revolution. First and foremost, there were huge differences between the opinions of Burke and Paine. According to Burke, the French Revolution had caused much destruction within the French society and engendered the despotism and political havoc. He mainly focused on the traditional values and property rights. He also argued that there were not special rights belonged to people. All rights were defined by law and people had to act according to the Rules of Law. Furthermore, he mentioned that humans were shaped by institutions and communities and rejected the principles of radical individualism advocated by Thomas Paine. Upon the opinions of Burke regarding the French Revolution, Thomas Paine sparked its radical arguments as a response to Burke’s questions and answered his questions one by one with exact points in his essay. In the first part, His dedicated his work to U.S President George Washington with these words:

“Sir, I present you with a small treatise in defence of those principles of freedom which your exemplary virtue hath so eminently contributed to establish. That the rights of a man may become as universal as your benevolence can wish, and that you may enjoy the happiness of seeing the new world regenerate the old”

With this appeal, he argues that people now alive should not have to repeat their ancestors’ acts what they did, they have to try to regenerate the old one and replace it with a new one because traditional rights and heredity do will nothing on behalf of the people, and devolve them into repression. Secondly, Burke was in favour of traditional rights and property and argued that the revolution in France was misconceived because Louis XVI was a good King, but missed the chance. As a consequence, the revolution caused the extremist and barbaric movements within French society.

On the contrary, Paine argued that the traditional approach had caused the hostility and inequality between the French people, and he emphasized that if Burke accepted that men had rights based on traditional principles and referred to the antiquarian approach, why did not he go back to the far enough antique history?! – With this argument, Paine countered that even in the antique history the rights of a man had carried out the seeds of liberty, liberal projects, and democratic principles. He showed the Athens as an example to support his argument against Burke. Paine’s argument clears that democratic principles have to base on mutual understanding of rights and interests of social groups. Then Paine again turns to the Burke’s opinion and mention: If we are going to appeal to history, let’s go back to the much far beginning; the creation of a man by God. He argued that God created all human being equal and gave them equally natural values, principles, rights, and mainly natural dignity. God created male and female in the example of Adam and Eve. The natural rights of a man are the foundation of all his civil rights. Let me highlight the main parts of the essay, in his “Reflections on the Revolution in France”, Burke referred to the history of the British Constitution and argued that this constitution grounded on the “Rules of Law” over people in Britain and people tried to obey hereditary monarchs according to these Rules of Law. On the contrary, Paine replied to him by arguing that the English Monarchy began with the imposition of the hereditary monarchy by the military conquest of William in 1066. Therefore, the creation of British Monarchy was not established by the British Constitution, it was founded in military power and the sword was declared as a name of a sceptre. According to him, the monarchy had militaristic and tyrannical power. The hereditary government subjected to ignorance and the selfish use of a power of society only on behalf of monarchs, not of human society. Hence, he came to the conclusion that the English government was one of those which was created out of military conquest not out of human society and had nefarious impacts and pressures over people and forced the English to obey its Rules of Law. He argued that constitution of a country was not an act of its government, but the act of its people creating a constitution based on their common rights and interests.

Moreover, Paine mentions that man is naturally social because of the fact that he is in need to co-operate with other people in order to facilitate his needs. Society had long survived in spite of the absence of a proper government. The government could be legitimate only where people made a social contract to establish it. The social contract is based on liberal project and democratic principles. Hence, people having mutual rights and interests in order to provide their needs create a proper government that is based on a common sense of social groups and finally, democratic principles. These democratic principles should have to be provided within the human society through mutual understanding and equal rights. Representative government appertained to the rational use of power in common interests. On the other hand, he rejected believing in the national churches and mentioned that the close link between the church and the state led to the immense corruption of true religion in society that executed injury and persecution to social groups.

Thomas Paine did not like the heredity government or monarchy and called it ridiculous and despicable thing. Burke preferred to elites and aristocracy claimed that society could only be shaped by the institutions and communities, and grounded on the roles of elites and aristocracy, but Paine disagreed that the emergence of elites or aristocracy was a clear evidence of despotism and injustice that was kept up by family tyranny and hereditary government. It had a tendency in order to destruct the human species in society. At the same time, although he condemned the taxes, but preferred to the commerce and mentioned that people were in need of trade and commerce because of their interests and demands. Taxes were the means of keeping up the power of elites or aristocracy, in particular monarchy that plundered people within society. All hereditary government had its own nature oppression, but the representative government rested on the interests and rights of society and civilisation for its basis because it was a representative system of the whole people, and whole society.

In conclusion, I would like to state that the main centrality of Thomas Paine was natural rights that led to the formation of civil rights. Indeed, this masterpiece is the proved document of not only the natural dignity of a man, but also the whole human rights. In this essay, I observed that what differentiates Burke from Paine is Burke’s placing on social institutions and communities in order to preserve ordered liberty, but Paine mainly focuses on radical individualism based on equal principles. Therefore, the French Revolution far more disturbed Edmund Burke due to the elimination of institutions in French society. To be sure, Thomas Paine as a revolutionary internationalist who believed in the Age of Revolution was a prominent man of his period. He related reason and nature closely that could lead to the newly discovered Enlightenment process in Europe. He prophesied that Europe had to be transformed from a realm of inequity and despotism to a scene of representative democracy and liberal values.

His central point is that the Revolution in France had stemmed from not force, only from reason and creation of liberal democracy referred to the principles discovered in the Enlightenment. Thereby, the French Revolution was the beginning of a new era and the “Enlightenment process” in Europe, and the Declaration of the Rights of Man and of Citizens founded the main basis of human rights and bestowed its admonition to present day: “Men are born free and equal with respect to their rights”.

Nargiz Uzeir Hajiyeva is a policy analyst and independent researcher from Azerbaijan. She holds master degree from Vytautas Magnus University and Institute de Politique de Paris (Science Po). She got bachelor degree with distinction diploma at Baku State University from International Relations and Diplomacy. Her main research fields concern on international security and foreign policy issues, energy security, cultural and political history, global political economy and international public law. She worked as an independent researcher at Corvinus University of Budapest, Cold War History Research Center. She was also a successful participator of International Student Essay Contest, Stimson Institute, on how to prevent the proliferation of the world's most dangerous weapons, by Harvard University, Harvard Kennedy School. She is also an independent researcher and a policy analyst at Observer.ge and Politicon.net platform, and Wikistrat.Between 2014 and 2015, she worked as a Chief Adviser and First Responsible Chairman In International and Legal Affairs at the Executive Power of Ganja. At that time she was defined to the position of Chief Economist at the Heydar Aliyev Center.

Continue Reading
Comments

New Social Compact

Over 1,200 Migrant Children Deaths Recorded Since 2014, True Number Likely ‘Much Higher’

MD Staff

Published

on

In 2015, a photo of a Syrian boy found dead on a beach in Turkey after attempting to reach Greece made headlines across the world. Since then, many more children have died during migration, but the true scale of these tragedies is unknown due to a severe lack of data.

Since IOM, the UN Migration Agency, began collecting data in 2014 through the Missing Migrants Project, it has recorded the deaths of more than 1,200 child migrants, nearly half of whom perished while attempting to cross the Mediterranean. This figure represents less than 5 per cent of the total number of migrant deaths recorded during this period by IOM.

The real figure is likely to be much higher, given that approximately 12.5 per cent of all migrants are under the age of 18, and the number of children migrating around the world has been increasing in recent years. For example, roughly one quarter of the approximately one million migrants who arrived by sea to Italy and Greece in 2015 were children, and, in the case of Italy, 72 per cent were unaccompanied.

The call to action released yesterday by UNICEF, IOM, UNHCR, Eurostat, and OECD highlights the lack of data essential for understanding how migration affects children and their families – and for designing policies and programmes to meet their needs. Data on children moving irregularly across borders, and those who have gone missing or lost their lives during their migratory journeys are particularly scarce.

“We are aware that there are a growing number of children on the move, and that many of these children face significant risks during their journeys,” said Frank Laczko, Director of IOM’s Global Migration Data Analysis Centre, which hosts the Missing Migrants Project. “In only about 40 per cent of cases where we record a migrant death are we able to estimate the age of the person who died,” he said. “It is extremely difficult to find data disaggregated by age.”

Of the 1,202 deaths of child migrants recorded by the Missing Migrants Project, their age is provided in only 21 per cent of cases. Often, sources will only mention that the deceased person is a ‘child’ or ‘infant,’ which means that it is difficult to assess which child migrants are most vulnerable. Of the children whose age was provided, the average was just 8 years old at the time of their death. Fifty-eight of these children were infants under the age of 1, and 67 were between 1 and 5 years old.

Though the scarcity of data on child migrants means that it is impossible to say which migratory route is most dangerous for children, the available data indicate that crossing the Mediterranean, especially from Turkey to Greece, is particularly deadly. At least 396 migrants under the age of 18 died while crossing the Eastern Mediterranean since 2014, with a further 164 recorded on the Central Mediterranean route, and 16 on the Western Mediterranean route.

However, as less than 20 per cent of the more than 15,000 deaths recorded on these routes contain information on age, IOM’s recent Fatal Journeys report estimates that at least 1,300 children have died in the Mediterranean since 2014.

Worldwide, the Missing Migrants Project has recorded the deaths of 137 children migrating in Africa, 20 on the US-Mexico border, and 18 on land in Europe. By far the most deaths were due to drowning – 681 children have been lost while crossing a body of water, most of whom perished in the Mediterranean Sea or the Bay of Bengal. Sixty-eight children died due to vehicle accidents or suffocation during vehicular transport; 50 due to exposure to harsh environments during their journeys; 35 as a result of violence; and 23 due to illness and lack of access to medicine.

Some 803 of the children recorded in the Missing Migrants Project database were originally from Asia, including the Middle East, while another 171 of the dead were from African nations. Sixty-one were from the Americas, while the origin of the remaining 167 children could not be determined.

Gathering more and better-quality data on migrant children is extremely important at a time when states are discussing how best to achieve safer and more orderly migration. Finding better ways to measure and document child migrant deaths is also important given the inclusion of migration and age in the in the 2030 Global Agenda for Sustainable Development. According to this agenda, states have agreed to work towards promoting safe, orderly and regular migration, and to end preventable deaths of children.

Julia Black, Coordinator of the Missing Migrants Project, concluded, “We know that our data are incomplete. The truth is that the number of children who die during migration is much higher than what we know. Obtaining better data could help to reduce such tragedies in the future, as well as help families to identify their loved ones.”

International Organization for Migration

Continue Reading

New Social Compact

The daily reality of working poverty

MD Staff

Published

on

Louisette Fanjamalala, has worked hard all her life, yet, like millions of working poor around the globe, she barely makes enough to survive.

Fanjamalala, from Madagascar, lives with four teenage children – two of her own and two orphans she has adopted. Their home is a cramped one-room house in the Antananarivo suburb of Soavina. Her husband left years ago.

For years, she worked in textile factories, getting only short term contracts and earning as little as 70 000 ariary (about US$20) a month in some cases, and, at best cases 300 000 ariary (about US$90). That was barely enough to feed her family. Now, things are even worse.

“It is becoming increasingly difficult for me to be hired because I am considered as too old. It is a shame because I am qualified, I work as fast as and even better than younger workers. However, nowadays, human resources departments usually turn down my request without even giving me an appointment,” she sighed.

Because she was also a victim of violence at work, Fanjamalala recently received support from an ILO programme which provided her with new skills and a sewing machine. She now makes some money by doing sewing work at home for people in her neighbourhood. She also makes clothes and curtains that she sells at the local market. However, getting food on the family table remains a constant challenge.

“Fanjamalala’s story is unfortunately very common in Madagascar and in many developing countries,” said Christian Ntsay, Director of the ILO Office in Antananarivo. “You only need to walk in the streets here and talk to people to realize that the findings of the World Employment and Social Outlook: Trends 2018  (WESO) on vulnerable employment and working poverty translate into a reality faced by millions of people,” he said.

“Ninety-three per cent of Malagasy workers like Louisette Fanjamalala have no other choice than working in the informal economy to survive,” Ntsay added.

1.4 billion workers in vulnerable employment

“Working poverty continues to fall but – again – just like for vulnerable employment , progress is stalling,” explained Stefan Kühn, lead author of the ILO World Employment and Social Outlook: Trends 2018.

”Vulnerable employment affects three out of four workers in developing countries. Almost 1.4 billion workers are estimated to be in vulnerable employment in 2017. Every year, an additional 17 million are expected to join them.”

In 2017, extreme working poverty remained widespread, with more than 300 million workers in emerging and developing countries having a per capita household income or consumption of less than US$1.90 per day.

Overall, progress in reducing working poverty is too slow to keep pace with the growing labour force in developing countries, where the number of people in extreme working poverty is expected to exceed 114 million in 2018, or 40 per cent of all employed people.

“Emerging countries achieved significant progress in reducing extreme working poverty. It should continue to fall, translating into a reduction in the number of extreme working poor by 10 million per year in 2018 and 2019. However, moderate working poverty, in which workers live on an income of between US$1.90 and US$3.10 per day, remains widespread, affecting 430 million workers in emerging and developing countries in 2017,” said Kühn.

“The findings of the WESO Trends 2018 report is a reminder that more efforts need to be done to reduce inequalities and to ensure better living and working conditions for people like Louisette Fanjamalala and the 1.4 billion workers facing a similar situation throughout the world,” he concluded.

Source: ILO

Continue Reading

New Social Compact

The Worst Horror Story – Rape

Aditi Aryal

Published

on

Photo by Zach Guinta on Unsplash

Rape in all its horrendous forms is a marred and an abhorrent trace of patriarchy and misogyny. The direct victims are majorly women, but the fact that men can be –and often are– victims cannot be discounted. Devising its roots in power-play and control, today it carries a heavier weight as a statutory offence with set penalties. Despite these penalties and a massive international attention taking forms of media outrage, studies, monetary and legal aid, awareness programs, and safe shelters, rapes of women – young and old are alarmingly high in South Asia by offenders of varying age groups.

In Nepal, as reported by a national daily, 78 rape cases have on average been reported every month over a course of five years, many of the offenders being septuagenarians and octogenarians. The Indian National Crime Bureau Report (NCBR, 2016) claimed 338,954 reports were made between 2015 and 2016 as crimes against women out of which 38,947 were rapes. It also reported an increase of 82% in the incidents of rape of children. Likewise, in Pakistan, Human Rights Watch asserts of at least one rape every two hours and one gang-rape every eight. In Bangladesh, 13,003 rape cases were reported between 2001-2017 out of which 85 were rapes by law enforcement agents such as police, jail agents, and the army. These data are only the tip of the iceberg as many cases are unreported by the victim, withdrawn upon coercion, or refused to be registered as a legit case by the authority

The Dynamics

The causes of rape are far too many, and differs from case to case. The reasons that surface commonly are sexual frustration in men, poverty, mind-sets and attitudes that reflect machismo, a sense of entitlement, unawareness, and acceptance. In 2012, a report by UNICEF published that 57% men and 53% women in India thought marital rape as not rape, and a sizeable number believed that beating of wives by their husbands was not violence. In India and Bangladesh, the legislations on what constitutes a crime declares it as not rape if the person is married to the victim and if she is over 15 years of age, excepting judicial separation.

We need to remind ourselves that in the South Asian countries, men often grow up being told and shown that they are superior to women who then grow old with a sense of entitlement as they deem it fit for a woman to be available on their demand. When these men are unable to earn for the family due to unemployment or otherwise, their frustration takes the form of rape to demonstrate their ‘masculinity’ and maintain superiority over the women.

Now, this mentality also works in reverse, where a woman is told be to weaker than men and should protect herself from them if she does not wish to get raped. In most South Asian families, females have lesser liberty of movement and choices as compared to their male counterparts. This obviously arises from expected gender behavior that good women should be meek, submissive, and obedient but is also centered around the fact that the families do not want their females to be raped.

This objective of giving women the security inside the family homes is flawed for two reasons. Firstly, rapes and molestation within the family very often exist. In January 2018, a baby girl of eight months was raped in Delhi, India by a relative in her house. Little girls of varying ages have been raped right next to a family member by another family member or neighbors in several instances in Nepal and they could do nothing, not even file a complaint because this façade of a domestic protection does not concern a female’s bodily security but societal reputation.

The Aftermath

Once a person is subjected to rape, the victim becomes unchaste and impure and is thought to bring dishonour to the family. The terminology in Pakistan is kari, referring to someone who has lost virginity outside marriage and an honour killing, karokari, is subjected by the village council. The victims often commit suicide or are killed by their own families for tainting the honour. In 2002, Mukhtaran Bibi challenged this status quo by not committing suicide after a gang rape that was ordered on her by a village council but filed a case against all her rapists. Initially, they were sentenced to death but in 2005, five of them were acquitted due to lack of evidence. In 2011, the sixth offender got acquitted too. In 2017 in Multan, Pakistan, a jirgah (village council) ordered revenge rape on the sister of an offender. In all these years, nothing has changed and even today revenge rape is still being ordered on innocent girls for no fault of their own as punishment.

The victims in other countries face social stigma and have to live in fear because once someone falls victim to rape, they are prone to more rapes because the value of a person is reduced from that of a human to a commodity that is free for public use. In Haryana, India, a girl was gang-raped twice by the same set of men who were out on bail after raping her the first time six years ago. A take-home message is that the onus lies on a woman to protect herself from men who are always lurking in hunt of a prey to rape, yet again asserting that the victim befalls such fate on themselves due to their actions, or in Pakistan actions of their family members.

Rapes are justified for godforsaken reasons and victims told they were ‘asking for it’ by travelling alone at ungodly hours, dressing provocatively, being friends with men, or indulging in so called notorious activities like smoking, drinking, and partying. The way these protectionist measures are advised always revolves around victim but never around the offenders, due to the notion that men have an insatiable sexual appetite and if women portray themselves to be ‘easy’, they are raped. Ranjit Sinha, head of Indian Central Bureau of Investigation once commented that if women couldn’t prevent rapes, they should enjoy it.

In India, Pakistan, and Bangladesh, victims of rape are subjected to a two-finger test to determine their sexual activeness. This procedure exists despite so many pleas from within these countries and outside to get rid of it on the bases that it is flawed on so many levels as it renders women who chose to be sexually active out of consent as lecherous and dirty who have already been touched by a man. This violation of a victim’s body is backed by the government in the form of a random stranger determining of their worth. This is of course scientifically inaccurate, and extremely irrelevant in case of rape.

Equally exasperating is the fact that women should remain pious and dedicated to only choosing to be sexually active with their legally married husbands but when their husbands rape them, it is not recognised by the legislation. O. P. Chautala, an ex minister in India, once stated that girls should be married as they turn 16 so that sexual needs of women are met and they will not go elsewhere and rapes will reduce. However, even statutory age of marriage is above 16 in India, and marriage is not a way to end rape. Rather, such a statement renders women as cattle whose ownership belongs to the husband.

These instances prove time and again that the role of a woman is always reduced to pleasing her husband in bed without considerations.  In fact, marriage is a holy sacrament that can undo rape – perhaps why victims are married off to their rapists in South Asia who then continue to rape them for the rest of their lives.

Most importantly, the police and other protectors of law find ways to make money out of instances of rape. Like, in January 2018 in Kathmandu, Nepal, a woman of 22 years withdrew her report of rape after few days and it was later revealed that the police were involved facilitating monetary settlements between the accused and the complainant with a personal gain. In Bharatpur, Nepal in February 2018, police coerced a woman to withdraw her rape complaint. So many more cases have surfaced in the southern plains of Nepal where the police have been involved as middlemen.

Hindrance to Justice

The reasons behind rape are men-centric but they have been ingrained in the societies as acceptable by both men and women. Reporting of rape has been increasing in India, Nepal, Bangladesh, and Pakistan but the cases are not dealt with caution. The victims face injustice and have to go through denigrating treatment by the police and health officers, questioning their character and morality.

The portrayal of a victim in the media is a stereotypical one, a non-provocative, harmless, and morally upright person with no past sexual history. Any victim deviating from this stereotype probably brought it on themselves. Further, the media has been reporting on sensitive issues like rape without sensitivity like revealing the victim’s name which is illegal or slut-shaming the victims.

Lastly, even death penalties are not enough to deter people from committing rapes. In Pakistan and India, rape can be punished with death but the crime is still on the rise. After the 2012 Nirbhaya case in Delhi, India, a strong plea was made to change the judicial system and a fast-track hearing was introduced for rape because national outrage by the citizens was not deemed enough to bring a change. In Nepal, the fast-track court is in practice too, but the problem arises in procuring evidence which is substantial in these cases.

Continue Reading

Latest

Newsletter

Trending

Copyright © 2018 Modern Diplomacy