PRESS RELEASE
Update on First Day of Gaza Seminar on Human Rights
Ref: 50/99
Date: 2nd May, 1999
With the attendance of more than 100 lawyers, judges, and legal experts, the first full day of the Gaza Seminar on Human Rights began today, Sunday May 2. The seminar is jointly organized by the Palestinian Centre for Human Rights and the International Federation of Human Rights. The morning session focused on the human rights debate regarding universalism versus cultural relativism. Mr. Patrick Baudouin, President of the International Federation of Human Rights, and Raji Sourani, Director of the Palestinian Centre for Human Rights, delivered speeches during the session. The session was moderated by Dr. Kamal El-Shrafi, Head of the Human Rights and Monitoring Committee in the Palestinian Legislative Council.
In his speech, Mr. Baudouin acknowledged the positive developments in international public opinion regarding the ability to defend individual and collective rights against the authority of the state. He asserted that a parallel authority to the state authority had emerged. This new authority is civil society. Hundreds of non-governmental organizations have emerged and developed in defending freedom throughout the world. Baudouin added that despite such developments there are still violations of human rights in many countries. The governments of these countries are continuously trying to justify their practices and measures under the justification of cultural relativism. The violators are using cultural relativism as a means to violate human rights with the aim of maintaining their own interests and not the interests of their people. Baudouin maintained that the defenders of human rights are working for the people and pay a high cost due to the nature of their work.
Baudouin stated that the universality of human rights does not mean to neglect the right to have differences. This fact has no relation to the economic globalization or the export of American culture. For example, the value of human dignity as it was asserted in the Universal Declaration of Human Rights is not only a western one but is inherent in all cultures and asserted by all religions, including Islam. He further asserted that all mothers, whatever their nationality or culture, will have the same feeling when their sons are subjected to torture or imprisonment.
Baudouin expressed his hope that the International Criminal Court, which was established on July 17, 1998, and in the next year or two will start its work in protecting human rights, will prove effective in bringing the violators of human rights to justice. According to him, the establishment of this court is the material expression of the implementation of the universality of human rights.
Raji Sourani mentioned the circumstances of the Declaration of the International Bill of Human Rights after the Second World War. He added that the Universal Declaration of Human Rights was drafted by a group of international experts, among whom was the Arab professor Charles Malek. The Declaration addressed universal human values. Since then, during the last 50 years, the right of people to self-determination and development has been asserted. Within the context of Sourani’s argument on cultural relativism he explained three basic problems that are confronted by the Arab world – namely, democracy, human rights, and rule of law. He added that the Arab governing elite is unified in facing its people in regard to these issues. This governing elite continues in its widespread violation of human rights under the justification that such rights are foreign and inconsistent with Arab and Islamic heritage.
Sourani briefly raised important issues regarding the contradiction between Islamic thought and human rights, particularly freedom of religion and women’s rights (particularly concerning polygamy and inheritance) and physical punishment.
Sourani called for treating these issues with an open mind in order to overcome the gap between the International Bill for Human Rights and Islam, which according to him is not, in any event, a large gap. He finished his speech by saying that in addition to our beliefs in the basic principles of human rights, we can use cultural relativism as a means for creativity rather than the calcification of positions.
The second session addressed the indivisibility of human rights. Dr. Amin Mekki Medani, First Technical Advisor for the UN High Commissioner for Human Rights Office in Gaza, and Saadedine Zmerli, Vice-President of the International Federation of Human Rights, addressed the participants. Driss El-Yazami, Deputy Secretary General of the International Federation of Human Rights, chaired the session. Dr. Medani highlighted in his presentation the indivisibility of human rights at all times and in all situations. Not one of these rights can be suspended under any pretext and these rights cannot be applied to certain sectors of the population while other sectors are deprived of these rights. The Universal Declaration of Human Rights prohibits any person, group, or authority from committing any act that may result in the denial of the rights implicit in this declaration. Even cases of emergency which may result in the denial of specific rights are subject to strict conditions such as a threat to the life of the nation. In such cases, states of emergency should be formally proclaimed and should ensure that resulting measures are strictly required by the exigencies of the situation.
Dr. Medani pointed out the cases of military coups d’état in Africa, Latin America, and Asia. The communiqués issued by the juntas are almost the same everywhere: claims of corruption and political anarchy resulting from partisanship and promises to achieve prosperity, progress, and development. In such cases, constitutions are suspended and general freedoms are denied. In the end, political and civil rights are violated, and promises of prosperity, progress, and development are never fulfilled.
Dr. Zmerli reviewed in his presentation the report published by FIDH in 1996 on the economic and social rights of Palestinians under the Israeli policy of closure. The report considers the policy of closure as a form of collective punishment and a severe violation of the human rights of the Palestinian people. This policy aims at dividing and isolating the Occupied Palestinian Territories. The report rejects Israeli security pretexts attempting to justify this policy.
Dr. Zmerli added that economic and social rights are not of lesser status than political and civil rights. The right to development, for example, is an inalienable right and assumes the achievement of the right to self-determination according to the Vienna Declaration of 1993. This proves that human rights are indivisible and interrelated. Finally, Dr. Zmerli expressed his outrage in regard to Israel’s denial of the right of development for Palestinians as it is assumed that the peace process safeguards this right.
After the presentations in each session, a dialogue among the participants took place focusing on the major topics of the session.
For More Information Contact:
Palestinian Center for Human Rights
Tel/Fax: (+) 9727 2824776 / 2823725
E-mail: [email protected], Web page: www.pchrgaza.org
