History

How human rights have been codified since the World War II

The tragedies caused by World War II created consciousness about human rights in people. From that time they started respecting human rights. This consciousness resulted in the creation of United Nations Organisation (UNO) to replace the League of Nations (LON) in maintaining peace and security all over the world. The UN Charter was signed on 26 June, 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organisation, and came into force on 24th October,1945.The UN charter declared the people’s trust for fundamental human rights, their dignity, values and the equality of men and women as well as the nations. For this purpose there are a number of international, regional and national instruments for human rights protection.

International human rights codifications

International instruments for human rights promotion and protection include the following:

1. Universal Declaration of Human Rights (UDHR) of 10th December 1948

UDHR was adopted and proclaimed by United Nations General Assembly resolution 217 A (III) of 10 December 1948. It is made up of an introduction and 30 articles stating the essential human rights and essential freedoms that cover all men and women including the societies they live in, all over the world, without any discrimination.

The UN General Assembly called upon all member countries to publicise the text of the Declaration and ‘to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institution, without distinction based on the political status of countries or territories.’

2. The International Covenant on Civil and Political Rights of 16th December 1966

The International Covenant on Civil and Political Rights was adopted by the UN General Assembly Resolution 2200 A (XXI) of 16th December 1966.

It entered into force on 23rd March 1976 in accordance with article 49.It recommends the ideals of free human beings enjoying civil and political freedom in accordance with the universal declaration of human rights.

The implementation of the covenant on civil and political rights is entrusted to the human rights committee.

3. The International Covenant on the Economic, Social and Cultural Rights of 16 th December 1966

The International Covenant on Economic, Social and Cultural Rights was adopted by UN General Assembly Resolution 2200 A (XXI) of 16th December 1966. It was enforced on 3rd January 1976 in accordance with article 29.

It recognises that the ideal of free human beings enjoying freedom from fear and want can only be achieved if the conditions are created whereby anyone may enjoy his economic social and cultural rights as well as his civil and political rights.

4. The International Convention for Eliminating all forms of Racial Dis-crimination, 1965

The International Convention for Eliminating all forms of Racial Discrimination was adopted and opened for signature and ratification by UN General Assembly resolution 2106 (XX) of 21st December 1965. It entered into force on 4th January 1969, in accordance with Article 19.Article 1 of the Convention defines racial discrimination as any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.Article 2.1(c) provides that each State shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists.

5. Convention on the Elimination of all forms of Discrimination against Women (CEDAW) of 18 December 1979

On 18 December 1979, the Convention on the elimination of all forms of Discrimination against women was adopted by the UN General Assembly. It entered into force as an international treaty on 3September 1981.The Convention was the culmination of more than thirty years of work by the UN Commission on the status of women, a body established in 1946 to monitor the situation of women and to promote women’s rights. The Commission’s work has been instrumental to light all the areas in which women are denied equality with men.

These efforts for the advancement of women have resulted in several declarations and conventions, of which the Convention on the Elimination of all forms of discrimination against women is the central and most comprehensive document.The spirit of this Convention is rooted in the goals of the UN to reaffirm faith in fundamental Human Rights. The convention focuses on the equal rights of men and women. The document spells out the meaning of equality and how it can be achieved. In so doing, the Convention establishes not only an international bill of rights for women, but also an agenda for action by countries to guarantee the enjoyment of those rights.

6. Convention of the United Nations of the Children Rights 1989

The Convention on Child Rights was voted for by the United Nations on 20th November 1989. It came into force in September 1990.The convention of children’s rights focuses on four great principles. It requires that all member states of the convention must ensure that all the children who belong to their jurisdiction enjoy all their rights fully.

Regional instruments for human rights promotion and protection

These are elaborated at the regional level. They include:

The American Convention of the Human Rights

This convention is also known as the Pact of San Jose. It was adopted at San Jose, Costa Rica on 22nd November 1969. The bodies entrusted with its oversight are:

i) Inter-American Commission on Human Rights

ii) Inter-American Court of Human Rights

The purpose of this convention is to consolidate a system of personal liberty and social justice based on respect for the essential human rights. This is ensured through the framework of democratic institutions.

The European Convention of the Human Rights

It was formerly known as Convention for the Prevention of Human Rights and Fundamental Freedoms. It was formed in 1950 by the Council of Europe. It was enforced on 3rd September 1953. The European Court for Human Rights was established by this convention. People who feel their rights have been violated by any state party can sue the party involved to this court.

The African Charter of the Human Rights and People’s Rights, (1981)

It was also known as the Banjul Charter. It is an African outfit that is intended to promote and promote human rights and freedoms of people in the African continent. It was named the Banjul Charter because the final draft was adopted in Banjul; the capital of Gambia.

A protocol of this charter was used to create African Court on Human People’s Rights. This charter was formed in 1981 and came into force on 21st October 1986: such instruments are interlinked with UNO charter of 1945

National instruments for human rights promotion and protection

These are elaborated at the national level. They include:

• The Constitution

• Various codes and laws

• National mechanisms

• The government institutions

• The Non-Governmental Organisations

How the Rwandan Constitution respects human rights

Activity 9.2

In pairs, use relevant materials including the constitution of Rwanda to get information about human rights codification. Thereafter, prepare an essay to be discussed in class.

The Rwandan Constitution promotes Human Rights in the following ways:

• In the ninth paragraph of its preamble, the Rwandan Constitution of 4th June 2003 reaffirms its commitment to the principles of human rights as they are defined in the international instruments for human rights promotion.

• It provides for Fundamental Human Rights and the Rights and Duties of the Citizens. All Articles under this title commit to protecting human rights. The constitution of Rwanda guarantees the citizens their rights and freedoms. Article 10 describes human (persons) beings as sacred and inviolable.

• Article 170 under National Defence and Security gives the Rwanda National Police the mandate of safeguarding the fundamental rights guaranteed by the constitution and the law.

• Article 177 provides for The National Commission for Human Rights as an independent institution. It is mandated with:

(1) Educating and mobilising the population on matters relating to human rights.

(2) Examining the violations of human rights committed on Rwandan territory by state organs, public officials using their duties as cover, by organisations and by individuals.

(3) Carrying out investigations of human rights abuses in Rwanda and filing complaints in respect thereof with the competent courts.

(4) Preparing and disseminating annual and other reports as may be necessary on the situation of human rights in Rwanda.

Implications of human rights in Rwanda

• Increased equal opportunities for men and women in the sociopolitical structure of our country.

• Respect and dignity for people with disabilities and those living with HIV and AIDS.

• They have promoted recognition of rights of children; basic needs and access to basic education in our country.

• Observance of human rights have attracted foreigners to invest in our country and promoting bilateral relations with other countries.

Unit summary

This unit deals with the codification of human rights internationally. The tragedies caused by World War II created consciousness about human rights in people.The Universal Declaration of Human Rights of 10th, December, 1948 states that the essential human rights and essential freedoms cover all men and women including the societies they live in, all over the world, without any discrimination.The constitution of Rwanda guarantees the citizens their rights and freedoms. Article 10 of the constitution describes human beings as sacred and inviolable.Observance of human rights has attracted foreigners to invest in Rwanda and has thus promoted bilateral relations with other countries.

Unit assessment

At the end of this unit, a learner is able to explain how human rights have been codified since World War II and the impact this has had in Rwanda and other countries.

Revision questions

1. What are human rights?

2. Discuss the international human rights codifications that have come up after World War II.

3. List the human rights codifications of post-World War II and the regions where they are found.

4. Discuss how the Constitution of Rwanda shows respect for human rights.