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70 years on, landmark UN human rights document as important as ever

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photo: UN

The Universal Declaration of Human Rights reaches its 70th anniversary on Monday, a chance to highlight the many important breakthroughs brought about by the landmark UN document, and to remind the world that the human rights of millions are still being violated on a daily basis.

Thanks to the Declaration, and States’ commitments to its principles, the dignity of millions has been uplifted, untold human suffering prevented and the foundations for a most just world have been laid.

High Commissioner hails continued relevance of Declaration

Michelle Bachelet, the UN High Commissioner for Human Rights, said in a statement released on Wednesday that the document has gone from being an “aspirational treatise” to a set of standards that has “permeated virtually every area of international law.”

The Declaration has shown itself to be as relevant today, as it has always been, and is applicable to situations and scenarios that could not have been foreseen at its inception, such as the need to govern artificial intelligence and the digital world, and to counter the effects of climate change on people.

Ms. Bachelet said the she remains convinced that the human rights ideal, laid down in the Declaration, has been one of the most constructive advances of ideas in human history, as well as one of the most successful.

The human rights chief pointed out that women played a prominent role in drafting the document: Eleanor Roosevelt chaired the drafting committee, and women from Denmark, Pakistan, the Communist bloc and other countries around the world also made crucial contributions. Consequently, the document is, for its time, remarkably free from sexist language, almost always referring to “everyone,” “all” or “no one” throughout its 30 Articles.

Human rights violations perpetrated ‘on a daily basis’

Celebrating the resilience of the human rights system, and the contributions of the Declaration to advancing human progress, peace and development, a team of independent experts appointed by the UN Human Rights Council, in a statement published on Friday, echoed Ms. Bachelet’s comments, noting that the “protection provided by the international human rights system has increased including by addressing new and emerging human rights issues and demonstrating its capacity to evolve and respond to people’s needs and expectations.”

However, the experts detailed some of the many violations of international law and human dignity that are perpetrated on a daily basis in many countries: “Recent memory is replete with multiple examples of genocide, war crimes and crimes against humanity. Impunity reigns supreme in many countries undergoing conflicts or political upheavals, encouraged by narrow national objectives, geopolitics and political impasse at the United Nations Security Council.”

They also said that the upsurge of nationalism and xenophobia seen in countries of asylum, at a time of rising forced-migration, is “reversing the gains of international humanitarian cooperation of the last 70 years.”

This year is the 70th anniversary of the Universal Declaration of Human Rights, adopted by the UN on 10 December 1948. The Universal Declaration – translated into a world record 500 languages – is rooted in the principle that “all human beings are born free and equal in dignity and rights.” It remains relevant to everyone, every day.

In honour of the 70th anniversary of this extraordinarily influential document, and to prevent its vital principles from being eroded, the UN is urging people everywhere to “Stand Up for Human Rights”: www.standup4humanrights.org.

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Human Rights

Steps taken to end Saudi ‘guardianship’ system for women, ‘encouraging’ start

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Women attending an event organized by Saudi Arabia at the UN in Rome, Italy. (2019) ©FAO/Alessandra Benedetti

Allowing Saudi women to apply for passports and travel without their guardians’ permission is “an encouraging move” towards the “complete abolition of the ‘guardianship’ system,” independent United Nations rights experts said on Thursday, but more action is needed to fully dismantle these restrictions.

“Any progress will remain very frail unless accompanied by wider reforms and by measures to ensure that rights are reflected and enshrined in the constitution of the Kingdom of Saudi Arabia and not solely through royal decrees,” the six experts said in a joint statement.

Saudi Arabia loosened some social restrictions on women in 2017. And now, by Royal decree, Saudi women will be able to apply for passports. Those over 21 will be allowed to travel independently – without permission from their so-called guardians – by the end of this month.

According to news reports, while human rights advocates have welcomed the move, they have also noted that women still require the permission of a male relative to marry, or leave women’s shelters, and some rights activists remain on trial or in detention for campaigning to change the system.

“We should not forget that these positive developments are the result of years of relentless advocacy and effort of many human rights and women’s rights defenders in Saudi Arabia”, underscored the independent UN experts, calling “for their immediate release”.

Men thwarting progress

Women “continue to face numerous restrictions” under a guardianship system that “negates their fundamental human rights and their dignity as autonomous human beings”, according to the experts.

Giving men arbitrary authority over their female relatives results in discrimination against women.

“It severely impairs women’s equal participation and decision-making in political, economic and social affairs and the enjoyment of their human rights including the rights to freedom of movement, education, work, access to justice, privacy and family life,” they stressed.

The Special Rapporteur on Privacy, Joseph Cannataci, expressed his grave concern over the technological tools and apps that extend male guardians’ control over women through the digital sphere.

“I am particularly concerned about the use of the Absher mobile phone app that allows male ‘guardians’ to monitor, restrict and control women’s whereabouts and freedom of movement in ways that are incompatible with their human right to privacy,” he said. “I expect that this type of functionality will be immediately abolished in order to be compliant with both the spirit and the letter of the new law.”

While acknowledging this welcoming initiative, the experts urged the government to fulfil without any further delay its pledge to fully abolish the male ‘guardianship’ system as promised at the UN Human Rights Council in March 2019.

The UN experts are Joseph Cannataci, the first Special Rapporteur on the right to privacy and the UN Working Group on discrimination against women and girls, comprised of Meskerem Geset Techane, Elizabeth Broderick, Ivana Radačić, Alda Facio and Melissa Upreti.

UN independent experts are appointed by the Geneva-based UN Human Rights Council to examine and report back on a specific human rights theme or a country situation. The positions are honorary, and the experts are not UN staff, nor are they paid for their work.

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2021 declared International Year for the Elimination of Child Labour

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The United Nations General Assembly (UNGA) has unanimously adopted a resolution declaring 2021 as the International Year for the Elimination of Child Labour, and has asked the International Labour Organization to take the lead in its implementation.

The resolution highlights the member States’ commitments “to take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms.”

The UNGA acknowledged the importance of the ILO’s Minimum Age Convention, 1973 (No. 138)  and the Convention on the Worst Forms of Child Labour, 1999 (No. 182)  – which is close to universal ratification by the ILO’s 187 member States – as well as the Convention on the Rights of the Child.

It also recognized the importance of “revitalized global partnerships to ensure the implementation of the 2030 Agenda for Sustainable Development , including the implementation of the goals and targets related to the elimination of child labour.”

Argentina took a lead role in advocating for this global commitment, as a follow up to the IV Global Conference on the Sustained Eradication of Child Labour , which took place in Buenos Aires in November 2017. Seventy-eight countries co-sponsored the resolution.

“We hope that this will be one more step to redouble our efforts and our progress to advance, day by day, towards a world in which no child is subjected to child labour or exploitation and a world where decent work for all will be a reality,” said Martin Garcia Moritán, Argentina’s representative to the UN.

The ILO has been working for the abolition of child labour throughout its 100 year-history, and one of the first Conventions it adopted was on Minimum Age in Industry (No. 5, 1919) .

The organization is a partner in Alliance 8.7  and serves as the secretariat of this global partnership for eradicating forced labour, modern slavery, human trafficking and child labour around the world.

Substantial progress has been achieved in recent years, largely because of intense advocacy and national mobilization backed by legislative and practical action. Between 2000 and 2016 alone, there was a 38 per cent decrease in child labour globally.

“The struggle against child labour has gained extraordinary momentum over the past two decades,” said Beate Andrees, Chief of the ILO’s Fundamentals Principles and Rights at Work Branch. “Yet, 152 million children across the world are still in child labour. We obviously need to scale up action further, and the decision by the General Assembly to declare 2021 the International Year for the Elimination of Child Labour will be a great help in focusing attention on the millions of girls and boys still toiling in the fields, in the mines and in factories.”

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ICJ orders Pakistan to review death penalty for Indian accused of spying

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In a ruling delivered on Wednesday, the International Court of Justice (ICJ) ordered Pakistan to review a death sentence handed down in the case of a former Indian Navy officer accused by Pakistan of spying, finding that the country’s authorities acted in breach of the Vienna Convention, which lays out rules for diplomatic relations between countries.

Kulbhushan Jadhav, said the Court, had not been informed of his rights by the Pakistani authorities, and that the Indian Government has been deprived of “consular access”: the right to communicate with him.

During the hearings, the ICJ had directed Pakistan not to carry out the death sentence until the Court’s final ruling. On Wednesday, the Court ordered a “continued stay of execution”, as a “indispensable condition for the effective review and reconsideration of the conviction and sentence”.

Mr. Jadhav was arrested three years ago by Pakistani authorities, who say that he was in the restive Balochistan province, which is home to a separatist insurgency that Pakistan accuses India of backing. The charges levelled against Mr. Jadhav were of “espionage and sabotage activities against Pakistan”.

Although a video was released shortly after Mr. Jadhav’s arrest, in which he was shown admitting involvement in spying, India has always questioned the alleged confession, saying that it was extracted under duress. The Indian authorities also deny that Jadhav is a spy and say that he was kidnapped in Iran, which borders the province, which he was visiting on business.

Following Pakistan’s pronouncement of the death penalty, in April 2017, India filed a case with the ICJ, calling the trial, which took place in a military court, “farcical”, and asked for a stay of execution and consular access to Mr. Jadhav. Pakistan countered that Mr. Jadhav was not given consular access because he is a spy who illegally entered the country in order to create “unrest and instability”.

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