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DOCUMENT RESUME

a ED 211 554 SP 019 516

TITLE International Education: Values and Perspectiveson...Four Human Rights. Teacher Edition.

INSTITUTION American Federation of Teachers, Washington, L.C.SPONS AGENCY Office of Education (CHEW), Washington, D.C.PUE DATE 82 ., .

GRANT G008006797NOTE 69p.

EDPS PRICE MF01/PC03 Plus Postage.DESCRIPTORS *Civil Liberties; Cultural Pluralism: Democracy; *Due

Process; Elementary Setodary Education:Ethnocentrism; oreign Policy; *Freedom of Speech;Global Approach; *Inservice Teacher Education;*International Education; News Media; SccialAttitudes; Totalitarianism; *Voting Eights; WorldAffairs

IDENTIFIERS *United Nations

ABSTRACTThis handbook is for use in teacher center cr school

district inservice programs designed to raise the levels of teacherinterest, understanding, and involvement in incorporatinginternational education into the curricula of the public schools. Theintroduction in the first section provides background information onthe use of the guide and explains its approach toward internationaleducation. In the second section, a broaA,overview is presented ofissues and problems involved in securing human rights, and the thirdsection compares human rights under different government forms:democracy, authoritarian dictatorship, and totalitarian dictatorship.In the fourth section, the focus is upon four human rights: (1) the

right to due process and a fair trial; (2) freedom of association:(3) freedom of the press; and (4) the right to vote. Each right istreated in a separate chapter. A pertinent section of the UnitedNations Universal Declaration of Human Rights is quoted, followed bya series of illustrative examples tkat briefly examint low the rightis treated, in theory and in practice, under-democratic,authoritarian, and totalitarian governments. Alternative examples andsubjects fOr discussion and study are suggested. Finally, eachchapter includes references and bibliographic citations fcr furtherinformation on the topic. The appendix includes the UniversalDeclaration of liumin Rights, an Overview of the United Nation's role,in protecting human rights, and a.list,of suggested learningactivities. (JD)

************************************;****************i***************** Reproductions supplied by ,EDRS are the best that hcan be made *

* from the original document. *

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INTERNATIONALEDUCATION.

U.S. DEparrtmwr OF EDUCATI0,1NATIONAL INSTITUTE OF EDUCATION

EDUCATIONAL RESOURCES INFORMATIONCENTER IBM).

fleilus document has been reproduced asreceived from the person or organizationoriginating It.

U Minor changes have been made to improvereproduction quality.

VALUES ANDPERSPECTIVESON . . .

FOURHUMANRIGHTS

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TEACHER EDITION

Points of view or opinions stated in this docu-ment do not necessanly ',present official NIEPosition or policy.

"PERMISSION TO REPRODUCE THISMATERIAL HAS BEEN GRANTED-BY

TO THE EDUCATIONAL RESOURCESINFORMATION CENTER (ERIC)."

'Human rights are not just thsingle country or of _a single peomust.be the concerns of all of uworld. Our concerns. howevform6d into an agenda for ac

Many recent studies poinsmall percentage of the U.real grasp of the extent aworldaffairi. An even smalltruly cornprehend,the eff

oagownd the globe r theand policieS of other coand its people. Educdeterminant in our u.place in the world pStrong commitmentderncicracy and hu

concerns of ale. They are and

as citizens of.ther. must be trans-

on.ut that only a vr rylaulation has any

d t e complexity ofr percentage, perhaps.

a that U.S. policy haspact that the activities

ntries have on our nationtion is. therefore. a key

derstanding of America'sd the need to maintain ourb the principles of equality.

ari rights.

Peter K'. Mitchell%) r.,roject'Direcior

(AFT)

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FOREWORD

This teacher traini &g guile is the result of a cooperative effort on the part of severalmembers of the national staff'of the American Federation of Teachers (AFT), Directors of and otherteacher participants from the Teacher Centers in Detroit, New York City, New Orleans andWashington D.C., AFT officers and select consultants.

This guide represents a creative approach to the concept of International Education within theframework of a comparative analysis of the political systems of several nations and their positions, intheory and practice, on specific human rights. It is intended that the guide (1) will provide a trainingtool for the training of teachers concerning issues of international importance, particularly in the areaof human rights and (2) will be of assistance to teachers (and subdequently to students) in recognizingand promoting the necessity for an international perspective within the curriculum of our publicschools.

We wish to thank all those who hava contributed time, effort, talent and Ideas to this project

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ACKNOWLEDGEMENTS

FUNDED THROUGH USOE ,NDEA; TITLE VI-603, PROGRAM 13-581(CITIZEN EDUCATION FOR CULTURAL UNDERSTANDING)

GFANT NUMBER G008006797IP

This teacher guide was created and developed by the American Federation of Teachers,Albert Shanker, President.

CONTRIBUTORS.

Detroit Center for ProfessionalGrowth and Development

Jessie Kennedy, DirectorTheresa Lorio, Assistant DirectorHenry L. Cade tKaren rodorov

New Orleans Teacher Center

Brenda Pickett, DirectorWilson PoyelanclFlorence C. Jeff

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New York City Teachers Center Consortium

Myrna Cooper, DirectorRichard KoblinerSteward LyonsFrank J. Melia*

Washington, D.C.District of ColumbiaTeacher Center

Jimmie' Jackson, Director,Willig M. HankersonSandra Willis

SPECIAL ASSISTANCE FROM:

Linda Chavez, EditorEditorial Department

Antonia CorteseVice-President (AFT)

Patrick DalyVice-President (AFT)

David N. Dorn, DirectorInternational Affairs Department (AFT)

Nathaniel LaCourVice-President (AFT)

Herbert MagidsonVice-President (AFT)

Marilyn Rauth, DirectorEducational Issues Department (AFT)

Susan C. Veitch, Assistant DirectorEducational Issues Department (AFT)

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CONTENT CONSULTANTS

William Bennett, DirectorNational Humanities Center, North Carolina

John AgrestoNational Humanities Center, North Carolina

William DouglasInternational Labor Studies ProgramGeorgetown University, Washington, D.C.

Graphics ConsultantRonald Hunt

PROJECT SUPERVISOR

Eugenia KembleSpecial Assistant to the President (AFT)

PROJECT DIRECTOR

Peter K. Mitchell, Jr.Technical AssistantInternational Affairs Department (AFT)

Thanks also to the teachers from each of theTeacher Centers who -participated in the seminarsdesigned to critique and improve the original draft ofthis guide. These teachers will be part of the teachertraining network for International Education.

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Special Thanks to the AFTNational Advisory Board for International Education:

Myrna Cooper, DirectorNew York City Teacher Centers Consortium

Antonia Cortese, Vice PresidentAmerican Federation of Teachers

Sandra Feldman, Vice-PresidentAmerican Federation of Teachers

Roy Godson, DirectorInternational Labor Studies ProgramGeorgetown University

Dorothy Huss, Asso'ciate DirectorAmerican Council on the Teaching of

Foreigh Languages

Jimmie Jackson, DirectorDistrict of Columbia Teacher Center

Eugenia Kemble, Special Assistant to the PresidentAmerican Federation of Teachers

Jessie Kennedy, DirectorDetroit Center for Professional Growth and Development

Nathaniel La Cour, Vice-PresidentAmerican Federation of Teachers

Rita Lefkort, National CoordinatorNational Committee for Middle East Studies

Theresa Lein°, Assistant DirectorDetroit Center for Professional Growth and Development

Brenda Pickett, DirectorNew Orleans Teacher Center

Elizabeth Scott, Associate DirectorNational Council for the Social Studies

Andrew Smith, Executive DirectorGlobal Perspectives in Education, Inc.

A final note of thanks to Marii Cristina Rendon ofthe AFT Secretarial Staff, for her patience andunderstanding in the typing and the re-typing ofour work on this guide.

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TABLEOFtONTENTS -.

SECTION I

Introduction:-.....

General Comments 3

International Education 3

teachers . 4

,Training for Teachers/Not Students/Not Yet 5

Classroom ApplicationWhen? -.)5

Teacher Trainers and Teachers 0 6

One ApproachComparisons

77 177

Human Rigbts $7

The IdealIdeal 3

Problems in Comparisons .$. 9

Cultural Baggage 10 .

SECTION II

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Human Rights: Issues and Problems

Seeing The World through Human Rights 13

Human Rights and Educational Needs 14

Human Rights: A Comparative Analysis 15

Why a Comparative Analysis? . 15

Hunan Rights and Foreign Policy 15

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SECTION III

Classification for a Comparative Analysis:The Spectrum of Human Rights and the Continuum of Governmental Forms

Democracy 19

Dictatorship 20

Authoritarian Dictatorship 20

Totalitarian Dictatorship 21..,

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SECTION IV

Mechanics of the Guide

Infroduction to thp uSe of Illustrative Examines 25

Chapter 1

The Right to Due Process and a Fair Trial ~ 26

6 Chapter 2

-f reedom qf Association.., pa'

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Chapter 3

Freedom of the Press q ... 41..--- 4/'

Chapter 4 :

The-Right to Vote 480.

SECTION V

Genera! BibliographyHuman Rights/Internationa( Education 55Suggestions for Learning Activities 56Additional Readings 56U.N. Universal Declaration of Human Rights Appendix AThe U,N. and Human Rights ^ Appendix B

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SECTION I

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Introduction

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NOTE: The appropriate and succegsful use of this guide is dependent upon athorough understanding of all of its darts. The sections of the guide arearranged in a particular sequence And each section should be read,discussed and understood'before moving on to the next. Please read theintroduction in its entirety, before continuing.

:ihiTRODUCTION

General Comments

'n the areas of trade, transportation, tech-nology, defense and world security; all nationsare dependent, to a greater or lesser-extent, on

. each other. The increasing evidence of this inter-dependence of nations and of international eventsin recent years has Oemonstrated that nationscannot afford to isolate themselves. The "web".ofinternational common needs and interest^ con-tinues to become more complex.

Paradoxically, while this phenomenon of inter-dependence is occurring, there are many ideo-logical, economic and,political divisions simulta-neously developing as competition among na-tions intensifies. Moreover, the proliferation ofnew nations and ideologies has further-compli-cated our individual and collective efforts to under-stand the world in which we live.

In the face of these realities, we, the Americanpeople, cannot be content to limit our concerns

. only to domestic affairs. We must broadeh ourknowledge of and our perspectives-on the theinternational arena because the decisions or non-decisions of our nation will make a difference inthe world. By affirming the need for"glotikfliteracy,"or knowledge of what is going °Win the world,4howour-policies and actions affect other countriesand how their poliCies and fictions affect us, we

- play a role in the quest for political and economicsecurity, international understanding and worldpeace..

If we refuse to recognize the mutual depen-dence of nations and withdraw within our ownpolitical boundaries, we will allow other nationsand other governments to gt)ide.world conductreversing our long-standing involvement in therealm of world 'affairs.

This publication aims at avoiding such a re-versal of American policy and at expanding Amer-

. ican "global literacy."

International Education

International Education is an attempt to pro-mote interest, concern, study and analysis of thenations of the world and the interrelationshipsthat exist among those nations. In the largersense, it is syrionymoos with other terms now inuse stich as "global education," "education andthe world view:' and"global awareness education-Each of these is designed to enlarg e scope ofeducation to include the international a ena andto aughient international understanding and co-op.erat,son.

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It should be clear froth the outset, hOwever,that the AFT takes especific ao,rocacy role withrespect to this concept. We believe that it isimportant to recognize and to comprehend theeconomic, socialand political conditions of othernations. We believe that by doing this, we canwork toward greater international understandingand cooperation and thus advance the goal ofworld peace. We believe that "absolute" ethno-centrism is contrary to those latter goals. Never-theless, we also believe that it is equally im-portant to understand the goals and values of ourown nation if we are to determine what our role isin relation to the world and to its parts. In order todo that, we need to compare and to contrast ournation and its ststem with those of our friendsand potential foes and to look at the world andcur place in it, not just as we would like to see it,out also as it is.

,'Teachers

Teachers are key forces in education andare responsible, in large part, for. the develop-ment of an informed and "globally literate" citi-zenry. The American Federation of Teadhersasserts that only through the process of educa-tion, both .formal and informal, can we establishsuch "globailiteracy" on the part of our citizens?In the formal setting in particular, classroomteachers should be both knowledgeable andcomfortable In dealing with international issuesand events. We feel that with a comprehension ofthe rationale, the substance and the approachoutlined herein, teachers may feel more enthusi-astic and more at ease in attempting to develop:

1. knowledge of wOrldissuei;

2. considerations about the future;

3. an evaluation'of ethical and moral Ksues;

4. a concern for the .mportance and relevance Of international events;

5. the ability to view the world without absolute ethnocentricity;

6. an understanding of how U.S. policies and actions affect other countries;

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7. a realization Of the impact that the policies and actions o! other countries have on us; and -

S. an emphasis on the positive aspects of free countries (e. g. democratic) visa -vis authoritarianor totalitarian nat!ons. '

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Training for Teachers/Not Students/Not Yet

NDEA Title VI Section 603 provided funds tothe U.S: Office of Education for a program entitled"Citizen Education for Cultural Understanding,"under which this project was funded. This programwas designed to promote international under-standing at the "front line" level; that is, at thelevel of education or school personnel, particular-ly teachers. During the term of this grant, we havebeen working with and through four AFT TeacherCenters in New York, New Orleans, Detroit, andWashington D.C. cAs stated in the foreword, avariety of people, including practicing classroomteachers, have contributed to this publication.For the purposes of this project, teachers are thetarget population. This publication is not to beused as a classroom "handout" in all or part it isnot in a format that has bEien developed forstudent use.

This guide should be used by teacher trainersfor in-service work within the teacher centers

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Classroom Application When?

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Teachers who will use this guide in the trainingprocess will no doubt find some areas oft easilyadaptable for use with students. We believe,however, that ;iicernational education is a threadthat must be carefully woven, into the curricularfabric. Considerations regarding grade level andage of students, socioeconomic groupings, aca-demic level, etc., must be made in order to makesure that students can clearly see what impactinternational issues and events have on them,their friends, their families and their future. There-fore, since this guide has been prepared forteachers, adaptation for student use must besystematic and must be used in an organizedinstructional approach. This will take time andwill require- a great deal of individual or groupteacher planning and preparation if students areto truly benefit. ,

There is no intent in the planning and prepara-tion of this publication to produce an internationaleducation "bible." We have used reliable biblio-graphic resources and recognized consultants,but as in all academic and intellectual areas,there are different interpretations of evidence,differing opinions and a host of other factors thatlead people, including acknowledged authorities,to agree and to disagree on both general andspecific issues. This guide reflects the diversityof opinion that surrounds the study of interna-tional affairs.

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and, in some instances, for inservice trainingwithin school districts. A cadre of teacher trainersfrom each of the teacher centers has alreadybeen established, using this guide as the primarytraining tool. Those teacher trainers will continueto work with other teachers (in the in-serviceformat) in a continuing process until a significantnumber of teachers have been exposed to theinternational education concept, understand theneed for it, will work to promote it and will, inconjunction with appropriate local school author-ities, see to it that this idea has a place in thecurriculi)m.

It is ouitope that those who have participatedin this awareness and training process will bewilling and able to work on preparing specificmaterials for direct classroom application anduse, employing'the basic premises of this guide.

Teachers who are Specialists in sociology,political science, Latin America, Africa, U.S. his-tory, economics and the like have developed acomprehensive understanding and appreciationof the conflicting currents of opinion that existwithin their disciplines. Their expertise and famil-iarity with different approaches to internationalissues will inevitably stimulate debate and argu-ment in regard to some items that are discussedin this publication. We welcome and invite suchdebate, we encourage discussions about specificissues in the internationalarena, and we applaudall interest in this area of American education.Teachers who are not specialists in any of theabove areas are even further encouraged toparticipate . The elementary grade teachers,foreign language specialists, teachers of Englishand others who contributed to this guide were asmuch involved in the debates and discussions aswere their social studies counterparts.

All participants in prior training seminarsagreed on one major point: an internationalperspective is needed in our public school cur-riculum, and teachers will be the ones whoprovide it. Therefore,- they should be given thetraining and help necessary to feel comfortablein dealing with this area of study in the classroom.

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Teacher Trainers and Teachers

This guide was developed as a model for useduring teacher center or in school district in-service training. The goal is to raise the levels ofteacher interest, understartding and involvementin incorporating international education into thecurricula of our public schools. It j4 our hope thatthe teacher centers and their respective schooldistricts served, will begin cooperating as soonas possible toward achieving thes&goals, usingthis guide as a tool in the initial teacher-trainingprocess.

It should be understood that human rights area crucial part of international education. Yet itmight appear to some teachers of some-disci-plines that this subject hardly relates to them.Teacher trainers should explain immediately thathuman ..ghts encompass many areas, not theleast of which are religious freedom, freedom ofassociation, linguistic freedom (of minority lan-guage groups within their own social and culturalsettings), freedom of thought and speech (con-sider new ideas in science, mathematics, phil-osophy and their treatment throughout history),etc. These freedoms or human rights pervade allareas of our lives and with reasonable thoughtand investigation can be applied to some extentto all levels of instruction in all disciplines. Humanrights are a human concern and transcend anyboundaries of specific academic disciplines.- Finally, although our immediate target pop-ulation for this guide is teachers, we hope thatteacher interest, enthusiasm and actual curriculumwork at a near future stage will foster a widespreadinclusion of international education into the plan-ning and implementation of programs within our

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public schools. With that end in mind, it would beuseful to include some time toward the end ofeach in-service course for the consideration ofand the recording of practical suggestions for:

1. specific locations within the existing curric-1ula of any of the disciplines, at any ievels,1where the human rights/international ed-ucation approach could be infused andmade workable for teachers and students,without teacher "overburden," and

2. specific ideas (again at any level, in anydiscipline) for using this approach, perhapswith actual model lesson plans.

Work in these two areas will allow teachers torelate what they have learned and discussed topractical classroom strategies. AFT would appre-ciate receiving copies of any model materialsdeveloped so that we can share those ideas withother teachers and thus can have a real anddirect impact on classroom instruction on anongoing and nationwide basis.

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One Approach

There are many ways in which one can providecitizens with an international, multicultural andglobal view of the world. Areas such as language,culture, customs and traditions of varid'us nationscan be studied and discussed. These forms ofstudy expose teachers and others to some of thediversities that exist around the globe. On a moretechnical level, we can explore economic andsocial systems of different nations and try tounderstand how and from where these variedsystems have evolved. Finally, we can analyzepolitical systems of nations in order to determinehow the governments of each of these nationsoperate their constitutions, their branches ofgovernment, their laws. Within each of thesebroader categories there are numerous topicsand distinct subcategories that warrant studyand analysis.

To pursue all of these areas in an academicmanner would take an army of specialists from allfields of historical endeavor. Obviously, withinthe limited framework of this publication, wecould not deal with all of the categories. We have,therefore, chosen one approach to internationaleducation out of all of those available to us.

Comparison

The approach we have chosen seeks to broad-en our knowledge of other nations and ourrelationship to them by examining our respectiveforms of government and political systems. Eachof these systems has a theory of operation (e.g.constitution) and each has apractice or everydayapplication of the theory (e.g. enforcement Concern for all categdries of human rights isconstitutional rights and enacted laws). We cananalyze the similiarities andthe differences amongsystems and critically analyze the extent to which,in practice, each of the systems lives up to whateach espouses in theory. This process requiresthe development of various academic skills suchas comparing and contrasting, organizing andevaluating ideas, extracting and interpreting in-formation, researching, classifying into categoriesand problem solving. These skills are useful andapplicable for teachers and students,alike.

Narrowing discussion of international educa-tion to a comparison of political systems in theirtheory and practice of government still leaves uswith a myriad of areas to consider. Again, realizingthe necessary time and space constraints of thispublication, we have elected to pursue the topicof human rights and the comparative treatment ofhuman rights within political systems and nations.

Human Rights

Webelieve that a discussion of human rightscan be one effective basis for promoting inter-national understanding. By focusing tn humanrights, we emphasize a common agenda of hu-manity. The universality of this topic is illustratedby the United Nations Universal Declaration ofHuman Rights of 1948 and the two detailedcovenants of 1966 which togett2er form the Inter-national Bill of Human Rights. The ideas containedin those documents were reiterated, at least inspirit, by the signatories of the Helsinki Accordsof 1975.

As represented in the International Bill ofHuman Rights, there are five distinct categoriesof human rights: economic, social, cultural, politi-cal and civil. There is significant disagreementamong many social scientists as to which ofthese groupings of rights is most important orwhich of these must be obtained before theothers can or even ought to be pursued. Althoughimportant and interesting, these questions will notbe discussed and answered in this publication.(Teacher trainers and teachers within in-serviceprograms may wish to allot time for a directeddiscussion of these issues. Certainly, they shouldnot be ignored, nor should their importance beunderstated.) This guide and the initial stages ofthe teacher-training process will concentrate onthe comparative evaluation of four specific politicalhuman rights:

1. The right to due process and a fair trial;

2, freedorn_of.assoclation;__

3. freedom of the press; and

4. the right to vote.

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and has been evident in the policies and practicesof the AFT and of all free trade unions. However,we have been purposefully selective here be-cause we must begin somewhere.

We believe that the aforementioned four rightsare.important mechanisms for the satisfacti offundamental human needs, as well as for thepreservation and extension of personal liberties.We also believe that a thorough understanding ofthe need for the establishment and maintenanceof these human rights in all nations is an absoluterequirement for all of us if our nation and ourworld are to survive and prosper.

In our pursuit of making teachers and ultimate-ly our public school systems more internationallyaware, a sensitive and sensible discussion of allhuman rights should and will be encouraged.This guide is intended to be a "door opener' tothose types of discussions.

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The Ideal

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In his explanation of "The History of HumanRights" contained in the Human Rights Reader(editied by Laqueur and men, New AmericanLibrary, 1979), Kenneth Minogue states:

"The idea of Human Rights is as modern as theinternal combustion engine, and from one pointof view, it is no less a technological device forachieving a common human purpose."

Sincethe term human rights is such an integralpart of our modern vocabulary, it is difficult torecognize it as a "new" idea, Nonetheless, it is arelatively new concept in terms of its application.Human rights are not just the rights of certain"classes" of people (however large or small theparameters that define the "class"), but they arerather,the rights of every person in all nations, at

all strata of society. And although all societieshave had some working concept of the term"rights," there was no international concensus asto the definition and scope of human rights-untilthe U.N. Declaration, which was subsequentlyincluded in the International Bill of Human Rightsof 1966.

The opening paragraph of the U.N. Declarationof H uman Rights signifies the recognition on thepart of the U.N. member nations, of an ideal that allgovernments and all peoples should pursue,individually and collectively. (This document wasapproved by the U.N. General Assembly memberswithout a single dissenting vote.) This guide willuse some of the specific &tides of this documentas the ideal or standard against which severalnations and their governments will be compared.

"Now,therefore, THE GENERAL ASSEMBLY proclaims: This Universal Dec-laration of Human Rights as a common standard of achievement for allpeoples and all nations, to the end that every individual and every organ ofsociety, keeping this Declaration constantly in mind, shall strive byteachingand education to promote respect foc-these rights and freedoms and byprogressive measures, national and international, to secure their universaland effective recognition and observance both among peoples of MemberStates themselves and among the peoples of territories undertheir jurisdiction."

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Problems in Comparison

As a free trade union of teachers and as part ofthe larger free labor movement in the UnitedStates and the world, we affirm that respect forhuman rights should be the cornerstone of thegovernance of any society. We further believethat a democratic society and system of govern-

, ment will always be more successful in attainingthis ideal then any form of repressive society. Forexample, the United States and the WesternEuropean nations have come much closer to thisgoal than the existing authoritarian regimes orthe totalitarian systems of the Soviet Union andits Eastern-bloc allies.

The following three questionsummarize con-.cerns expressed during the teacher training sem-inars held during the course of this project, whenthe first draft of this guide was used. The answers

' given below address these concerns and repre-sent the basic premises used in the preparationof this guide.

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QUESTION:

Could we compare nations and governmentalforms from the perspectives other than those ofhuman rights?

ANSWER:

Yes. We could, also for example, compare demo-cratic, authoritarian and totalitarian governmentswith respect to their achievements in socialwelfare (e.g. low cost medical care, employment,etc.) Hu man rights is one facet of the comparativeprocess, but we feel that it is an essential one.

QUESTION:

Have the United States and other democraticnations always been successful in pursuing andmaintaining human rightswithin their own systems?

ANSWER:

In absolute terms, no. The struggles againstprejudice and discrimination, particularly withrespect to race, have been historic and difficultand yet have to be entirely resolved. The womens'rights movement is another evidence of a humanrights struggle. Similar problems have existedand do exist in other democratic nations today.

But, democratic systems offer substantially morehope for the resolution of these problems and forthe attainment of all fundamental human rightsthan any authoritarian or totalitarian forms ofgovernment could offer. This is true, quite simply,because in the latter governmental forms, somehuman rights are denied.

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For example, we have had considerable contro-versy in the U.S. over whether the media, mostlythe newspapers, has access to all of the informa-tion necessary to accurately and completelyreport a story. Many people claim that muchinformation, often related to government activity,is hidden or"covered up." In some instances, thismay be true. Yet, we are free to debate this issueboth privately and publicly and to press for reformwhen we feel that it is necessary. In the SovietUnion, on the other hand, there is no open debateon freedom of the press or freedom of speech.Why? Because-the government owns, controlsand operates all of the media. No opinions otherthan those of the party and the ruling body of thegovernment are allowed to be presented. Allopposing views are suppressed and conSequentlyare only veen.ln "undergraund" publications.Surely, the U,S. and other democratic nations arecloser to achieving the ideal of freedom of thepress and speech, than the Soviet system.

QUESTION:

Does this guide merely objectively compare theauthoritarian, totalitarian and democratic systemsof the world, or does it advocate democracy asthe best system? Does the guide present too"rosy" a picture of the state oaf human rights in theU.S.?

ANSWER:

We believe that the ideas incorporated into theInternational Bill of Human Rights represent theideals toward which all nations, all governmentsand all peoples should strive. To state that thisnation has attained, in full, these ideals or goals

,would be a gross overstatement of fact. Eventhose nations which from an objective point ofview, have been consistently moving toward these -,ideals, have not yet su.ceeded in all respects. TheUnited States, admittedly, has demonstratedsome inconsistencies'in its internal and externalapplication of human rights policy.

However, we contend that historical analysiswould frequently highlight how the Unites Statesand other free and democratic systems haveserved as models in both theory and practice inthe struggle to maintain support for human righfsin all countries of the world. The U.S., in fact,continues to represent an ideal of a free anddemocratically governed nation. Although someauthoritarian or totalitarian governments in de-veloping countries may do better than somedemocratic governments in comparable countrieson some economic and social programs, thisdoes not alter their responsibility to also providefor other fundamental human rights such as the

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right to due process and a fair trial or the rights tointellectual and religious freedom.

In spite of inconsistencies and failures, theU.S. has been a leader inthe field of human rights.The U.S. has also been a proving ground for thesystem of free and democratic government. Be-cause of all these factors, we feel that freedomand democracy should be advocated and thatthe U.S. is representative of those ideals anddeserves substantial consideration in this com-parative approach.

Cultural BaggageIt would be difficult, if not impossible, for-rnost

of us to analyze another culture and its social,economic and political systems without filteringthat analysis through our own cultural biases. Ofcourse, we can attempt to immersepurselves in

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that other culture, as much as possireading and discussion of its prevaland practices. Unfortunately, livingculture over an extended period of tithe most direct and efficient methodin/and understanding it, is someth*tively few of us will have the oppoNonetheless, our reflections, o

le, throught thoughts

within thate; which is

f experienc-g that rela-unity to do.judgments,

our feelings and our opinionsy I be objectiveonly until what we learn confficts with our own

values__and_Pfedominantly/Western .points ofreference. -

Some educators would say that this subjectiveinterference should be`neOtralized so as to allowfor objectivity. In this case we might look at andrecognize our own personal and cultural valuesbut then put them aside in order to concentrateacademically on all aspects of the other culture.

But since most of us have grown up in a familialand educational environment designed to incul-cate and to promote certain Western and, indeed,American ideals and values, our ability to shedour "cultural baggage" is probably, at least, mini-mal. It is due to these factors that "ethnocentricity"becomes part of our analysis of any other nation,Its culture and its 'people.

For reasons previously explained, this guidedoes adopt a more Western and, in some cases,American viewpoint toward human rights. Thisdoes not mean that we are always right and the"other guys" are always wrong. It does mean thatwe perceive that the beliefs and practices of theU.S. and other Western democracies in dealingwith human rights have been more just, moreequitable and more productive than those of.authoritarian and totalitarian nations.

Perhaps, then, it could be productive to viewother nations and their treatment of human rightsfrom our\ own perspective on those issues in anattempt to recognize and understand the suc-cesses and failures of our own positions."Ethno-centricity" cannot be eliminated, but it can bediscussed and analyzed in an effort to definemore realistically our own concept of humanrights, while at the same time learning about

. other points Of view.Clearly, intelligent and open discussion on

this and all other issues within this guide shouldbe encouraged. For eve(y fact mentioned, thereis probably other related and relevant information,mid for every opinion expressed, there are oppos-ing points of view. However, we must focus on themajor goals of this guide to demoristrate theimportance of international education and theopening up of discussions regarding internationalissues and events. Discussion, analysis and de-bate related to this guide can only further thosegoals.

it s

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Human Rights: Issues and Problems

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Seeing the World through Human Rights

First, gaining a comparative sense of theA

degree of respect for human rights involvesteachers in a selective enterprise. It is simply notpossible to grasp all the details of the entiresituation in regarcj to hum* rights.

Second, teachers should note that in talkingabout human rights as a focus for internationalunderstanding, other things are necessarily ob-scured. There are other matters that are importantto understanding international relations and thatare relevant when comparing, political systems.The issue of human rights should not be consi-dered in a vacuum. It must be looked at inconjunction with the nation's historical, political,economic and social development. Jn short, hu-man rights is not the whole story of nations-andthe differences among them,

Finally, teachers should also note that rightsdo not remain static. Rightd are "on the move."Although the idea of rights was originally intend-ed to identify that which was common to all men

so one could talk about the rights one hasbecause one is hilman.- some of the new move-ments in rights emphasize-morespecific features.Thus, there is much said today kit -about therights of humans per 'se, but, for example; aboutthe rights of ethnic groups, women, consumers,etc. ..

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13

Human Rights and Educational Needs

The study of human rights in international perspective ought to address the problems oflack of knowledge, decisions based on misinformation and the development of certainattitudes. The most prevalent of attitudes appear to be the following:

A. Relativism t

This is the relativistic notion of "differerent strokes for different folks: people do things-differently in other countries and one should not make judgments about differences."To this, teachers should say that one certainly can and should make judgments. Onecannot afford (and there is no intellectual or moral excuse) to shiik one's responsibilityto judge, for example, genocide, Nazism, and ritual cannibalism as wrong. As long aspeople are taught now to judge based on what is really occurring rather than on .

assumptions or biases, the charge of "indoctrination" can be avoided.

B. Cynicism

"Who cares about what goes on in other Ices? There's nothing I can do about it."Because of what is said above(in A), we must realize that we are, in a real sense, citizensof the world and also of a country that will act in that world both toward and with othercountries. Citizen attitudes will affect the nature and direction of that action.

C. Insularity and Isolationism

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Citizens of the United States are citizens of one of the world's most powerful countries.What the United States does or doesn't do makes a difference. Inaction has affects assurely as does action. A"don't bother- who cares" attitude is unrealistic and irresponsiblefor a country that has power, influence and much of worth to teach. Further, it is not thecase that if the United States were to pay no attention to the rest of the world, no oneelse would. The country that isolates itself from the ferment of the world is an unwittingally of those nations that choose to ignore basic human rights. This, of course, does notjustify unwarranted interventionism or "busy- bodyness." It is only to say that a self-willed deafness and blindness to the movement of the world's forces(including those forhuman rights) would be an irresponsible posture for the United States and its citizens.

A

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Despite c rges of "ethnocenirism," a study of human rights will inevitably show theways in which e countries like the United States and other nations of the Westernworld provide mo Is in both ideal and practice for other countries. It is not chauvinism,rather it act, to poinkout that the American Constitution is one of the most imitatedpolitical do merits in the world in the Third World as well as inithe Free World.Teachers should recogniz = this fact.

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Human Rights: A Comparative Analysis

In their most common form, human rights areclaims by the individual that, as illustrated by thegeneral acceptance of the U.N. Declaration, or-ganized society should be under an obligation torespect. Teachers should note that many people(students, for example) take human rights .for

granted. That they are able to do so is an ironicsign of their debtlo the struggles of others beforethem. The story of the emergonce of humanritjhts is a story written in both blood and philos-ophy and is deserving of serious thought andconsideration.

Why a Comparative Analysis?

Acomparative approach, that is, an approachthat proceeds by examining how the same humanrights fare in different countries, has a number ofadvantages. First, such an approach is part of aneducation about the world. It makes One see theworld as differentiated, rather than as just one big"other." Second, such an approach fosters under-standing not only about ideals, but also about therelationship between theory and practice. Third,

o a comparative approach requires one to make

comparathie judgments and assessments: It teststhe mind. Fourth, a comparative approach fos-tersappreciation of the rights that a-citizen of a freesociety enjoys. Fifth, a comparative approach canhelp to develop skills of -critical thinking anddrgumentation and may even stimulate rudimen-tary research skills since one is asked to surveythe facts and circumstances of different countries.

Human Rights and Foreign, Policy.

It is often a long step from determining whatthe status of human rights is in a particularcountry to determitling what the foreign policyought to be toward that country. That is, foreignpolicy is determined by reference to a number offactors among which human rights is an importantbut not sole consideration. Considerations of"leverage,"'linkage," national selfinterest or pro;tection also enter the picture. Trade-offs arenecessary. One and one's country must not onlyassess, conclude and judge in an imperfectworld, one must also survive in it and maintain theinterests of citizens and democratic values there-in, as circumstances allow.

There has never been a moral formula orcatechism that directly addresses every possibil-ity that may arise in the life of a nation, or in the lifeof an individual, for that matter. Most relevantfacts, including principles, rights, antidemocratic

values are ingredients in foreign policy decisions.In stiort,One must be counselled that it is riot aneasy and dirpct step from the assessment of thestate of human rights in a country to a formulationof foreign policy toward it. (The United States' allyrelation witfi Russia against Nazism, or withSouth Korea against North Kc rea, are two casesin point.)

This guide -analyzes the status of certainhuman rights in various political systems. Whatthe United States should do when rights areviolatod abroad, what conflicts human rightsissues may create between. expediency arid moral-ity in policy making and whether public denun-ciations of offending governments or" quiet diplo-'macy" are more effective are all issues not treatedin this guide. Abundant literature on the role ofhuman rights in foreign policy has been publishedin recent years and is available elsewhere.

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SECTION Ill

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Classification for a Comparative Analysis:The Spectrum of Human Rights and,The Continuum of GoVernmental Forms

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The treatment of human rights 4n theworld today can be viewed along a spectrum,from full respect for human rights at one end,to 'total denial of them at the other, with manygradations of freedom or autocracy in be-tween. This spectrum of rights parallels acontinuum of types of governments, from .

democratic sysims through authoritarian andtotalitarian governmental forms. The fewerthe number of sTcial institutions that govern-ments leave under the control of their ownpeople, the fewer the human rights thosepeople can exercise.

DEMOCRACYf

democracy: a government in which the supremepower is vested in the people and exercised bythem directlyor indirectly through a system ofrepresentation usu. involving periodically heldfree elections.

In a political democracy, the leaders.of thenational government are chosen in free electionswith serious competition among candidates ofdiffering viewpoints. Usually, officials of varyinglevels of local government are similarly elected.Therfore, the ultimate poWer of deciding whoshall rule is in the hands of the people. "Popularsovereignty" is the basic principle of a politicaldemocracy.

The rule of lawis alsp a funoamental operatingprinciple of a democracy. The leaders chosen bythe people do not govern arbitrarily, but in ac-cordance with the laws passed by the people'slegislative representatives. Democratic peoplesinsist on a "government of laws, not men." Thelaws must also be applied fairly and consistentlyby the courts in a democratic nation. For a truedemocracy to prevail, care must be taken toensure the impartiality and objectivity of thejudicial process in cases involving political op-ponents of the incumbent government, noncon-formists whose beliefs contradict prevailing so-cial mores, or members of minority racial, ethnic,or religious groups.

A third pillar Jf political democracy is humanrights. Although there is a wide variety of specificrights, they can, nonetheless, be placed in one ofthree general categories:

1. freedom from governmental violation of theintegrity of the person; e.g. torture;

2. fulfillment of vital needs such as food, shelter,education and health pare; and

3. freedom to enjoy civil and political liberties,such as those discussed in this guide: theright of due process and a fairtrial, freedom ofassociation, freedom of the press and theright to vote.

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Every individual is deemed to possess theserights by birth, and the rights are defined as"inalienable." Under democratic majority rule,not even an overwhelming majority of citizensmay deprive even one unpopular individual of hisrights. This check inhibits the majority form Mis-using its power against the minority.

Because respect for human rights is an in-tegral part of the democratic system, the bright-est part of the human rights spectrum is found atthe most democratic end of the continuum ofgovernmental forms. I n democracies, freedom ofspeech, religion, association, and due process oflaw are' generally secure from infringement bygovernment. While no democratic nation has aperfect record on human rights, the generalobservance of those rights is far better in anydemocracy than in any dictatorship. ..

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DICTATORSHIP

In a dictatorship, the people do not selectthose who govern: The rulet(s) of a dictatorshipcome to power and maintain power by force, notby the consent of the governed. Dictators are notconstrained by the rule of law. They have arbi-trary power which they can use as they sea fit.They can exercise control over their legisla-.tures which will, in turn, change the "law" when-ever the dictators so desire. Dictators usuallyControl the courts. Judicial decisions reflect thepolicies and political interests of-the dictatorsand are not objective principles of law. Politicalopponents of the government cannot expect animpartial trial, nor can those persons who areopposed to the prevailing social orthodoxy en-forced by the dictatorship.

Lacking the practices of popular sovereigntyand the rule of law, human rights are frequentlyand seriously violated in niost dictatorships. With-oUt checks on the power of government, thoseindividuals whose opinions or positions presentobstacles to the ruling powers often find Them-.selves deprived of their free speech, their free-dom of association and sometimes their lives.With dictators holding arbitrary and uncheckedpower, it is not surprising that the darker portionsof the h'uman rights spectrum coincide with thedictatorial segment of the governmental continuum.

There are two principal types of dictatorshipstoday, one of which possesses much more com-plete control over society than the other and hascorrespondingly greater capacity to suppress awider array of human rights. We shall considerthe distinguishing characteristics of each type.

oir

AUTHORITARIAN DICTATORSHIP

authoritarian: of, relating io, or favoring a con-centration of power in a leader or an elite notconstitutibnally responsible to the people.

IIn authoritarian systems there often are

many social and economic organizations whichare not directed by the government. Within theprivate sector there are business firms, trade unions, newspapers, trade associations, Chambersof Commerce, Churches, youth groups, and a myri-ad of other organizations, just as in other societies.They are not owned by the government, nor aretheir policies formulated by the government.However, when these private organizations adopt policies or take actions that threaten thedictatorship, the government will usually step inand repress these private sector groups. Govern-

20.

ment censors cut articles dut of the front pages ofnewspapers, the police arrest church or tratia-union leadersand government agents intimidate"uncooperative" businessmen. ,

With no rule of law, when private groupssuffering from repression seek legal redress, 4

their rights of due process are frequently violated.Cnmmon criminals often receive fairer trials thando political dissidentsln such countries.

Authoritarian rulers usually limit their repres-sion to the smothering of political disser.: andopposition. Economic, social, and cultural life cango along without significant governmental inter-vention as long as political questions are avoided.Authoritarian governments seldom..have an oftficial ideology and usually are fairly indifferent tbwhat their subjedts say or read, provided thatthere is no political content. Outside of the .

political realm, intellectual life is relatively un-interrupted

Many authoritarian dictatorships oppose anysweeping social changes in their countries. Theyrise to power by establiShing a well-chosen coali-tion of groups which support them .and theirphilosophies. Since social change might bringwith it changes in the composition of that coalitionthat could lead to the.crumbling of the govern-ment's power base, many authoritarian regimessupport the status quo. These authoritirlan rul-ers who do try to implement programs of majorsocial change, whether progressive or reactionary,are venturing out on to shaky political ground.

With Many independent groups in these so-°cieties, there are many places where oppositionto an authoritarian government can begin. Acqaliticin of groups opposed to a regime mayarise which is stronger than the coalition that hadoriginally brought the regime to power and hadsdpported it. It is common for authoritarian gov-ernments to be overthrown. For example, Peron,Somoza, Rhee, Diem, Amin, and the Shah all fellfrom power as a result of coalitions of groupsopposing their policies and actions.

The most prevalent form of authoritarian dic-tatorship in today's world is the military.regime.Power may be in the handsof one General, asmall group of Colonels, or in the qfficer.corps. Inany event, the military regime s power rests onguns and political deals with powerful groups, noton the consent of the governed. Most developingnations, have been, in effect, conquered andoccupied by their own armies.

In such situations, violations of human rightsare inevitable. The degree of physical brutalityand political terror exercised by authoritariangovernments varies greatly. Sometimes a re-gim may allow a period of political "relaxation,"duri g which the people may feel free to criticize

e government in private as long as they don'tactually organize for political purposes. In otherperiods, when the secret police are more ubiqui-tous and reprisals are more severe, a: slip oftongue" can be fatal. Where authoritarianismrules, the human rights situation falls into thedarker portion of the spectrum.,

Note: The Republic of South Africa provides an interestingcase of a nation which is .n part a democracy andin part an authoritarian- dictatorship. By lawSouth African residents are divided into threeracial categories: 1) whites or "Europeans", 2)"coloreds", or people of Indian descent or mixadbloods and 3) blacks or"Bantus". The observanceof such basic libarties as free speech, free association and due pfocess vary greatly among theseracial groups. The white minority, less than 20%of the population, enjoys the right to vote and theright to organize independent political parties,while the colored and black majority does n6thave these basic rights. Free-speech and free-.dom of association for blacks and"coloreds6" andin some cases whites, are also restricted by thewhit( controlled government.

TOTALITARIAN DICTATORSHIP

a

totalitarian: of or relating to a political regimebased on subordination of the individual to thestate and strict control of all aspects of the liteand the productive capacity of the nation esp. bycoercive measisrec (as censorship and terrorism).

I systems are created by extrem-ists with the goal of building a new form of societyin which, in theory, mankind's principal motiva-tion is not Individual self-interest but a desire tocontribute to the collective good . The newsociety requires a "new man." Totalitarians pre-sume that people's attitudes and values areshaped by the information which they receiveand by the organizations in which they live andwork. In order to condition the desired attitudesand behavior in their"new man," totalitarian rulersseek to control the ideas and information eachperson receives and to direct every organizationin which that person participates.

In an efficient totalitarian system, all aspectsof life are politicized: work, culture, sports, science,and religion. The purpose of this politicization isto assure that people are conditioned in all tiCtiractivities and contacts to think and behave as the"new man" should. To provide a common set ofguidelines for the various aspects of life, totalitar-ian systems propagate a single, official ideology.No Offer ideas are pe.rmilted to be written, read,or spoken publicly, To assure thatthe desiredconditioning reaches everyone, all citizens arerequired to demonstrate positive support for theideology.

It is not enough just to refrain from criticizingthe government. Everyone is obliged to attendideological training courses andto participatf in"self-criticism."

In totalitarian countries, there are rto inde-pendent organizations. Every economic enter-prise, trade union, cultbral association, sports43, etc., is a state organization. Its physicalfacilities are state property and its employees are

04,

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paid by the state. No group is allowed to existwithout party representatives, referred to as a"party fraction," within its membership. This "partyfraction" receives the -policy directives of theruling party and applies them to the activities ofthe-group. The group's members must follow thepolicies dictated by the "party fraction" or theywill face government harassment or arrest. Themembers of the"party fraction" must not deviate *froin the general lines of the higher party policy orthewiaill be purged from the Party. In this manner,the control Of the dictators at the top level Qktheruling party is truly total. No overt independentgroups exist in the society. Totalitarian dictators'do not need to repress newspapers by censorshipnor trade union leaders by imprisonnient, sincethey direct and dictate every major action andpositionqf every organize .

Historically, in most cases, tote i arians hatebeen able to come to power and to establishdictatorial control during periods of great eco-nomic and social disruption. Conversely, societieswhich feature strong, rtipresentational organ-izational and political parties and which enjoyrelative economic stability are the least suscepti-ble to anti-democratic movements of the right orleft, such as totalitarian or other dictatorial fsrces.4Totalitarian governments come to power duringtimes of rapid social change, and they use theircontrol to force through continued changes inthe economy, the polity and the society, in keepingwith their goals. To eliminate existing organizationsfrom building up stable constituencies andfromdeveloping autonomy, totalitarian rulers try tokeep society in a state of fermei it by conductingpolitical purges, by prosecuting organizational

21

leaders, and tfy taking advantage of such eco-nomic-transformations as industrialization andurbanization.

,

In contrast with many authoritarian regimes,totalitarian governments have proven to be ex-tremely resistant to liberalizatipn. Since the partyattempts, to control every aspect of life, it isunlikely thatthere would die a groupwithin whichopposition could begin. If totalitarian regimes areefficient in repressing any organized.opposition,the only possibility for a successful revolutionagainst that regime would be spontaneous pop-ular insurrection. However, popular insurrectionsare unlikely and, if they do ,occur, could notultimately be sustainedwithout organization andsupport. Where totalitaiianism has beenimposed from the outside through military occu-pation by a foreign power, nationalism can pro-vide the common emotion which can spark sucha popular uprising, as in Hungary in 1956 orPoland in 1956, 1970, 1976, and 1980. Wheretotalitarian regimes have come to power throughtheir party's own strength in internal ',nationalpolitical struggles, none have yet fallen from

purer. .

'The only totalitarjan governments existing atFesent are Commuhist. In the past, Hitlers regime

in Germany was moving toward a full totalitariancontrol syStem, but Hitler was 'defeated in theSecond-World War before he had completed thecontrol machinery. In the future, we may expectto see new kinds of totalitarian systems ba'Sed onparties other than Communist, and ideologiesother than Marxism-Leninism, as groups of ex-tremists seek total control of a nation in order toeffect total change.

The denial of humat rights is greatest undertotalitarian dictators because there ere, with fewexceptions, no aspects of life, noLyen in sports,in the arts, or at the work place where people areallowed to direct their own activities, or to maketheir own decisions independent of party posi-tions. Free speech, freedom of religion, andfreedom of association are contradictory to thebasic principle of totalitarianism full controlover every person's thol.ights and actions. Thusthe darkest end of the human rights spectrumcoincides with the totalitarian extreme on thecontinuum of governniental forms.

Note: The definitions cited at the beginning ofthe sections on demociacy, authoritarian dictator-ship and totalitarian dictatorship were obtainedfrom: Webster's New Collegiate Dictionary, G..and C. Merriam Compahy:,Springfield, Massa-chusetts. 1981.

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1116111disaWS:

Mechanics of the Guide

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Introduction to the Use of IllustratiVe Examples

In the four chapteis of the guide thatfollow, each .of the four rights previouslyMentioned (the right to due process and afair trial, freedom of association, freedom ofthe press, and the right to vote) are treatedseparately. Each of the four chapters followsthe same format: one of the four rights isselected alid the pertinent wording is quot-ed from the Universal Declaration of HumanRights. This is followed by a series of illustra-tive examples that briefly examine how theright is treated, in theory and practice, undereach of the three types of governmentsdiscussed in Section HI; democratic, authori-

.. tarian and totalitarian. Although the exam-ples are brief, each chapter also containsone major example taken from recent his-tory that has been highlighted in news-papers and magazines and an be furtherresearched in detail with relative ease. Final-ly, in addition to each majpr example, thereare also alternative study examples present-ed. These alternatives an be substitutes oradditions to the major example presented inconnection with each 3f the four rights.

The examples provided in each chapterare only illustrations and clearly do notrepresent the whole story about the parti&war right or about the particular countryfrom which the example is taken. Both the

teacher trainer and/or the teacher will haveto do more extensive research in order toobtain a fully developed picture of the in- .stance cited in the examples. However, us-ing this guide as a model can assist in,heightening awareness and concern for hu-mar rights and can give a framework fordiscussing this issue within an internationalcontext.

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Using up-to-date examples canbring homethe idea of Why we should be concernedabout human rights abroad. As mentionedearlier, some may initially feel that what hap-pens overseas does not affect or involvethem. They may take a "let's not get involved"attitude. Bringing out the details of howPoles, South Koreans, Brazilians, or Nic-aguans are suffering now from governmentoppression will touch the human sense offair play and will bring people to feel someobligation to be concerned about their fel-low human beings in other lands.The topical-ity of the examples will also showAmericansthat these things are happening in. theirworld, not just in past history. The exampleswill also demonstrate how we are all affect-ed, not just by human rights issues in partic-ular, but by foreign politics and economics ingeneral. These examples are the beginningof study, not the final word.

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Chapter Ii

The Right of Due Process and A Fair Trial

ILLUSTRATIVE EXAMPLES

The U.N. Universal Declaration of Human Rights:

Article 10:

"EVERYONE IS ENTITLED IN FULL ECIUALITYTO A FAIR AND PUBLIC HEARING BY AN INDE-PENDENT AND IMPARTIAL TRIBUNAL, IN. THE DETERMINATION OF HIS RIGHTS ANDOBLIGATIONS AND OF ANY CRIMINAL CHARGE MADE AGAINST HIM."

Article 11:

e

"EVERYONE CHARGED WITH A PENAL OFFENSE HAS THE RIGHT TO BE PRESUMEDINNOCENT UNTIL PROVEN GUILTY ACCORDING TO LAW IN A PUBLIC TRIAL AT WHICH HEHAS HAD ALL GUARANTEES NECESSARY FOR HIS DEFENCE."

I. D)EMOCRATIC GOVERNMENT

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A. General Asdessment:

The democratic countries generally havea good record of observing the rights of dueprocess in their courts, even in many casesinvolving political opponents of the incum-bent "government, nonconforniists whosebeliefs contradict prevailing social mores,members of a minority group, or someoneaccused of a crime particularly shocking topublic opinion. The records of the democra-cig.§, of course, are by no means perfect, andone can find cases of denial of due processin any country. In general, however, mostcitizens of today's democracies can rely ondue 'process being followed when they go tocourt. "nngaroo courts" and "show trials"are Most. commonly found in dictatorships,not in democradles.

-The procedures of due legal processgrew i.ip gradually, over many centuries,primarily in British law. The most crucial

:

feature-of due process is the right of habeascorpus which prevents democratip govern-ments from jailing a citizen without legalprocedures..This assures that a process isinitiated through which the accused's rightsare duly protected. Habeas corpus was aright opined by the English nobles whenthey compelled the king to accept the Mag-na Carta in 1215 A.D. P

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B. The Right on Paper:

The procedures of due process are setout in detail in the constitutions and laws ofdeniocratic nations and are refined periodi-cally through judicial decisions. The courtsare thus the "front lines" in the battle toguarantee due process and to improve legalprocedures, so as to assure even/one a fairtrial even in changing modern societies.

Example: In the U.S., the "Miranda de-cision" of the Supreme Court strengthenedthe rights of suspects to legal representa-tion and to avoidance of self-incrimination.(See Bibliography)

Example: In Gideon vs Wainright, theSupreme Court upheld the right of the ac-cused to legal representation provided bythe court &the defendant is indigent.(See Bibliography)

C. The Right in Practice:

The procedures set down in the laws ofdemocratic countries are usually followed,even in cases in which the defendant is anopponent of the government or is one whoseviews subject him to public Opprobrium.Legal due process is the bulwark for the

defense of all humaniights, because if one'sfreedom of speech or of association are.violated, or if one's right to vote has beensuppreased, recourse must be ultimatelyobtained through the courts. If the courts donot provide fair prpceises for obtaining jus-tice, then the person whose rights havebeen violated is in a "Catch 22" situation,with no remedy available. The link betweenwhat occurs in the courtroom and the gen-eral degree of liberty in a society explainsdemocratic concerns with what may -some-times appear to be procedural nit-picking.

Example: In September, 1980, a terroristset off a bomb in crowd at Munich's Oktober-fest, killing or wounding over 100 people.The terrorist was a member of the DefenseSport Group, a neo-Nazi, pardmilitary organ -iza tion which had been banned in July, 1980,by the West German constitutional court.

Immediately after the blast, Munich policetook into custody six leaders of the DefenseSport Group. Three days later, despite publicoutrage over the bombing, the six men werefreed by the West German federal prosecut-or, because he found no clear evidenceconnecting them with the bombing. Despitestrong public feeling against the DefenseSport Group, the men were released in ac-cordance with West German legal rules ofdue process.

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II. AUTHORITARIAN GOVERNMENT-

A. General Assessment:..

In authoritarian dictatorships the right todue process is frequeritly violated, particu-larly in cases with political overtones. Cri-minals often receive fairer trials than do po-litical dissidents in such countries. ,


In the constitutions and laws of authori-tarian countries all the normal guarantees ofdue process usually appear. Particularly un-der military governments, howevef, theseguarantees are obviated by, giving the ex-ecutive branch of the government the powerto. declare a "state of emergency" duringwhich the guarantees are suspended.

Alternatively, in many military govern-ments, special laws-place all political legalcases under the jurisdiction of military tri-bunals where the procedures of due process,which appear in the civil code, do not apply.

/Example: The Trial of Kim Dae JungIn the spring of 1980, Kim Dae Jung was oneof the three leading prospective candidatesfor the presidency of South Korea in electionswhich were to be held later that year under anew constitution then being written by theNational Assembly.

On May 18, 1980, a military coup overthrewthe interim government and took power. KimDae Jung was immediately arrested. In re-action to these events, the citizenry of Kwang-ju, capital of,Kim's native region; rose in aninsurrection which held off the military forseveral days before being violently suppressed.In August, 1980, Kim- Dae Jung was put totrial, in a military court, on charges of sedi-tion. He was accused of organizing studentdemonstrations in Seoul immediately priorto the military coup, and of instigating theKwangju insurrection although he wasalready in prison at the time that uprisingbegan!

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In the arrest and trial of Kim Dae Jung, dueprocess was violated in a number of ways.Examples are:

.1Kim was held for seven weeks before formalcharges were levied against him.

Ouring pre-trial interrogations, Kim was keptstanding naked, under continuous question-ing, for periods of up to 12 hours.

The lawyer who had previously defendedKim in a political trial, was jailed withoutcharge. before the 1980 Kim trial and waskept in prison throughout 1980. Kim was notallowed to choose his own counsel.

Kim's court-appointed lawyers were deniedthe right to call witnesses during the trial,and were further denied the right to cross-examine prosecution witnesses.

Kim was tried by a military court martial, inwhich rights of due process were denied,even though they continued to be observedin criminal cases in Korea's civil courts.

On September 17, 1980, the military courtsentenced Kim to death by hanging. Thesentence produced a storm of world-wideprotests. In Jahuary, 1981, the sentencewas commuted to life imprisonment, shortlybefore Korea's military ruler, General ChonDoo Hwan, visited President Reagan at theWhite House.

Example: In South Africa, despite gen-eral constitutional guarantees, under theInternal Security Act and the Terrorism Act,persons may be detained incommunicadoindefinitely, with the "option" of solitary con-finement. Furthermore, the Minister of Justiceis not obliged to provide information relatingto the identity or number of persons held atany one given time.

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Alternative Study Examples:

The Kim trial is suggested here as a majorexample to be cited in discussing the right ofdue process and fair trial. However, it may bedesirable to present a major example from atotalitarian or democratic system, rather thanfrom an authoritarian one. To illustrate theoperation of due process in a democracy,the trial of the Watergate burglars in thecourt of Judge John Sirica might be used.

o

This trial is interesting because the pro-cedures of due Process, as employed by anindependent judiciary, frustrated the admi-nistration's attempt to cover up its responsi-bility for the Watergate break-in. The caseillustrates that not only the defendants, butindeed the general public, have a stake indue process of law. Information on this trialcan be found in:

Carl Bernstein and Bob Woodward. All the Presidents Men.New York: Simon and Schuster, 1974, pp. 229-235, pp. 238-241.

John J. Sirica. To Set the Record Straight. New York:W. W.Norton and Company, 1979.See especially Chapters I through VI, espeCially the Epilogue.

An interesting illustration of how the right during the period of relaxation following theof due process functions in totalitarian na- purge of the "Gang of Four". For information,tions would be the trial in China, of Wei see:Ching-sheng, a democratic publicist, active

Ta-ling Lee and Miriam London, "Wei Ching-sheng Defends Himself."In Freedom'at Issue, MayJune, 1980.

L

11,

33


Even when certain rights in authoritariancountries are theoretically. in effect, eitherunder normal legal codes or continued dur-ing a "state of emergency" it is common, inpractice, for these guarantees to be fla-grantly violated.

Example: 'After a military coup in Chile inSeptember, 1971, the government declareda state of war."'Under special military reg-ulations, persons who were arrested dur-ing this period were supposed to be chargedwith a specific crime within a reasonablelength of time. However, in the months afterthe coup, many officials of trade unions andpolitical parties were simply shot in coldblood by the army. These executions werecontinued even 11 months after the coup. 16addition, hundreds of peOple were detainedby the police and by the army, and were nevercharged with an offense they simply dis-appeared. In March, 1974, a church-sup-ported demandfor habeas corpus listed 131cases of missing persons. Five months later,then government had not yet said a wordabout most of them. It has been estimatedthat approximately 9,000 people were killedin the first year thatijunta was in power.

Example: In March, 1976, the Military seizedpower in Argentina and maintained in ef-.fect the "state of seige" which had been de-clared by the prior government. Accordingto the Argentine constitution, during a stateof seige, the government can suspend theright of habeas corpus and can detain sus-pects indefinitery without levying specificcharges. While these powers (night seemadequate in order for a government to copewith civil disorder, the Argentine junta hadgone far beyond even these special powers.It announced a "war" against the terrorismof leftist and rightist groups which had thrownthe nation intocchaos, but the "anti-terrorismcampaign" itself relied mainly. on terror, tor-ture, and assassination. The military govern-ment looked the other way as right-wingvigilante squads, which included military and .police of ficerson active duty, murdered hun-dreds of persons suspected of leftist and/oranti-government sentiments. The govern-ent's own security forces also seized thou-sands of suspected "subversives", many ofwhom subsequently disappeared. It is widelypresumed that they were tortured and killed.The guarantees of'due process in the Argen-tine constitution have been totaly ignored inpractice over the-past five years of militaryrule

(3) (4)

III. TOTALITARIAN GQVERIVMENT

A. General Assessment:

In totalitarian countries, due process iscommonly disregarded in political casesand sometimes the trial itself is dispensedwith completely.


All the normal guarantees of due processand fair trial are included in the constitutionsand laws of totalitarian countries. The pre-tense of the rule of law is thus maintained.

34


In practice, thcepaper guarantees of dueprocess ere ignored by totalitarian regimeswhenever it suits their political purpose,

Example: During Stalin's "terror," thou-sands of victims received no trials, but werearrested and sent directly to lab& camps.

For further discussion and activity

.

\A. The absence of due process in totalita-rian nations helps Communist regimes sup-press dissent and thus maintain control.That control induces frustrated peoples to

. rebel in movements such as those in Hungary(1956), Czechoslovakia (1968), and Poland(1980). These rebellions affect the worldpower bajAnce and could possibly trigger aninternational war.

B. Violations of the right of due processby authoritarian military regimes make open

Example: Yuri Orlov, leader of the Mos-cow Helsinki Monitoring Group, was triedand sentenced in 1979 in proceedings fromwhich both the press and his family werebarred. When Mrs. OrloVattempted to enterthe courtroom, she was detained, stripped,and abused. 0

(5) ,

U

political dissent impossible. The country isoften polarized, with government repres-sion forcing opponents to take extreme meas-ures, thus offering opportunities for anti-democratic extremists to dominate the op-position. Whengthe repressive regime falls,the successor government may re-align the

. nation in world affairs sod may persecuteopponents in much the same manner as theformer regime.

M111.....

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1

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4

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D

31

ENDNOTES

Right to Due Process and a Fair Trial

32

1

New York Times, September 30, 1980, p. 3; October t 1980, p. 2.

2John Dugard, Human Rights and the South African Legal Order, (Princeton: PrincetonUniversity Press), 1978.

3Robert J. Alexander, "Chile A Year After the Military Coup," Freedom at Issue, November/December 1974.

40

See information on Argentina in Country Reports on Human Rights Practices Reportsubmitted to the Committee on Foreign Relations and the Committee on Foreign Affairs, bythe Department of State, February 2, 1981, (Washington, D.C.; U.S. Government PrintingOffice), 1981.

5See information on the U.S.S.R. in Country Report on Human Rights Practices, section onU.S.S.R., pp., 895 and 898.

See also Washington Post, May 15, 1978, p. A -18, May 17, 1978, P. A-20, May 18, 1978, p. A-

28, May 19,1978, p. A-1. \

O

BIBOOG-RAPHYi . , .

I.a

On the Right of Due Process

Zechariah Chaffee, Documents on Fundamental Human Rights. Cambridge: HaryardUniversity Press, 1963.

Richard M. Ketchum, ed. What is Democracy? New York: E. P. Dutton Co.; 1955, ChapterIV, "Democracy at Work"

Maurice Cranston. What Ala Human Rights, New York: Taplinger Publishing Co.,1973.0

Laqueur and Rubin,editorS. Human Rights Reader. New York New"American Library,1978.

Robert F. Cushman. Leading Constitutional Decisions, 16th ed., New Jersey: Prentice0

On they Kim Dae-Jung Case

0

"Korea,:! in Country Reports on Human Rights Practices. February 2, 1981, U. S. Departmentof State, Washington, D.C., 1981.

"Unjust, Illegal and Cruel Treatment of Kim Dae Jung and His Co-Defendants," MonthlyReview of Korean Affairs. November/December, 1980, P.O. Box 3506, Arlington,Viginia 22203.

William Chapman. "South Korea Sentences Kim to Die," Washington Post. September 7,1980, pp. 1, 33.

Korean Information Office, "Seoul's Fait Trial of Kim Dae Jung," New York Times.September 7,1980, p. 18-E.

Henry Scott Stokes, articles in the New York Times on the trial, August 12, 13, 14, 17,;October 25; November 5, 10.

37

33

O

Freedom of Association


Article'20:"EVERYONE HAS THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY AND

ASSOCIATION."

Article: 23"EVERYONE HAS THE RIGHT TO FORM AND JOIN TRADE UNIONS FOR THE

PROTECTION OF HIS INTEREST."

tar

Democratic Government


Freedom of association in independentorganizations is the basis of a pluralisticsociety.

In such societies, political, economic, andsocial affairs function through a multitude of

. associations such as business firms, tradeunions, cultural groups and competing poli-

tical parties.


In the constitutions and laws of demo-cratic pluralistic nations, freedom of associ-ation is usually protected. r

Example: After the Spanishdictator Franco

died in 1975, Spain made a transition fromauthoritarian dictatorship to democracy. Un-

der Franco, neither democratic socialistsnor Communists had beeq allowed to as-sociate for political purposes. As part of the

transition, the new government recognized,the legality of both the Spanish CommunistParty and the social-democratic SpanishSocialist Workers Party.

"t:4?Gs

.tatr

1

Many democratic nations,have al go rati-fied international conventionswhich protectfreedom of association and such nationsallow private groups to associate freely withtheir counterparts abroad.

38

-,,O

Example: The International Covenant onCivil and Political Rights, adopted by the

o United Nations in 1966, came into effect in1976 and has been ratified by 44 countries.It protects the right to freedom of associa-tion, including the right to form trade unions.

2


Where democracy prevails, the laws pro-tecting freedom of association are actuallyput into practice, in regard to most groups,and exercise of the yields practical benefitsfor citizens who organize to advance their

c

groups, ttiey often suffer from governmentrepression.


Authoritarian regimes usually pay only"lip-service" to the ideal of associationalliberty. Their constitutions contain the samegeneral assurances of freedom of associ-ation as do constitutions in democratic coun-tries. They also often ratify many interna-tional conventions.

Example: Somoza's Nicaragua ratified.Covention 87 of the International Labor Or-

interests. 'ganizatron which states that workers shall

Example: In recent years, women's rightsgroups in France have been very active andhave achieved significant' progress for wo-men. Indicative of the new importance ofwomen's groups is the fact that the newPresident of France, Francois Mitterand, cre-ated the new position of Minister of Women'sAffairs in his first Cabinet.

.Example; In the U.S self-help and be-nevolent associations, composed of peopleof similar backgrounds, have traditionallyhelped their members to assimilate into so-ciety. For example,-civil rights groups amongminorities, and immigrant groups based onnational origin, have organited for mutualassistance. For minorities, fre4om of as-sociation was crucial to obtaining ather rights,such as integration and effective suffrage.

Authoritarian Government

A. General Aiseisement:

Freedom of association is restricted (oftenmilitarily) iri- authoritarian dictatorships.Though society is still compoed of private

N.,

have the right to establish and to join orga-nizations of theirown choosing withoutt!rlert .

authorization. In reality, however, Contion 87 is not practiced.

3

C. Thd Right in Practice:

In the detailed lega(codes of authoritariancountries, however, the general assurancesare often vitiated by restrictive ,requoire-

. ments, such as the demand for prior goveen-,ment.approval of the by-laws of trade unionsor the prohibitions placed on internationalaffiliation by private organizations. Theserestrictions are applied primarily to orga-nizations whose activities affect nationalpolitics.

acainple: In South Korea, student govern-mernts were not allowed in schools and uni-versities under Park Chung Hi, because theywere perceived to be anti-government. .

Example: In Guatemala, during the firstsix months of 1980, 76 trade unionists weremurdered by government-condoned right-wing terrorists, even though Guatemala hasratified ILO Convention 87.

Example: In the.period following the fallof the Shah of Iran, Christian clergy were notpermitted to prvtice their religion freely.

7

35

I

Example: In South Africa, public gather-ings of more than two people may be in vio-lation of the Riotous Assertiblies Act of 1956,and freedom of .association and assemblyis relentlessly constrained. "Pass laws" care-fully control where Africans may live, work,and play. Thousands of "pass laws" yiola-

.tions are recorded each yeat,` and jobs may,be lost because of such violatioris.

4

Totalitarian Govrrnment

35

.A. General Misessment:

The prohib 'on of freedom of as ociationin indepen nt organizations' is he verybasis of totalitarian society. l such asociety, every legal association ust beunder the direction of the titling political

. party. No competing political part may be' organized. No autonomous group, r busi-

ness firm is allowed to exist openiji, There-forepgroups that are not sanctioned by thegovernment must m dejlinely. Whenmembers of t se groups are identified,.they are subje ed to arrest, imprisonmentor exile. These estrictions apply to all kindsof associations, whether orsjot they directlyaffect the political system,


Constitutions of totalitarian countries es-bah the right of free association, but also

cl rly state that all.associations must func-

tion nder the guidance of the Patty." Theprincip oft talitarian control is thus explicit.explicit.

Example: The by-laws of Soyiet trade u-nions state that "The trade unions do theirwork under the direction of the Commutl tParty of the Soviet Uniod, which is the r-ganizing and leading force of Soviet -St)

V s.

5

..

Example: After the U.6.S.R sign d the ,-Helsinki Agreement of 1975, whic oblr -gated the signatories to observe carte

. human rights, a groupof Soviet citizens trIeto create a private group to monitor Weigovernment's compliance With that agree;ment. As of now, virtually all members of WeHelsinki Monitoring Group in Moscow havebeen jailed or have been committed to men-.tat hospitals.

C. The Right in practice:

The subordination of private associa-tions to control by 4e ruling party is carriedout in-practice in tot litarian stales by policeterror.

Example: In the U.S.S.R. when two brdi-nary workers took the initiative in two at-tempts to form independent trade unions,Vladimir Klebanov was arrested and thensent to an insane asylum, and Vladimir Borisovv s imprisoned and later. exiled. ,

40

7

Example: The Soviet presd has regularlycarried accounts of prison terms imposed onpersons who began what amounted to "pri-vate businesses", clandestinely manufac-

Alternative Study Exampled

A major example of the application offreedom of association, the Polish situationdescribed below, occurred in a totalitariansetting. One may draw major examples'fromother governmental forms as well.

For a democracy, an interesting example

turing and selling 'Consumer goods in shortsupply such as lipstick, phonograph records,etc.

would be the development of freedom ofassociation in Spain following the death ofFranco. The new freedom to organize Pro-duced both social-democratic and Commu-nist trade un?on movements. For informationon this see:

Arnold Hottinger. "Spain in Transition: Prospects and' Policies," The Washington Papers,No49. Beverly Hills; Sage Publications, 197.8 pp. 24-32.

. ' .

Papers, No. 58. Beverly Hills: Sage Publications, 1978 pp. 19-22.

A major example of the status of freedcim goVernment in 1979. For an analysis of thisof association in an authoritarian nation code and of the status of workers' freedomcould be provided by the proclamation of the of association in Chile, see:new Chilean labor code by the Pin6chet

PV0

Robert J. Alexander, "Turning Back the Clock on Chilean Labor," Freedom at Isslie.. November/December, 1979.

AFL-CIO Free Trade Union News. "Chile's New Labor Code Denounced by 'Group of Ten'and AFL-CIO." August, 1979.

For further discussion and activity:1. -

. Hold a general discussion as to what thefuture may hold for the fate of freedom ofassociation under totafitarian regimes, usingrecent events in Poland as a beginning pointfor the discussion.1. 'A totalitarian control system has In modern, complex societies, people

clearly begun to unravel in Poland. need independent associations toThe denial of freedom of association ! defend their interests. Denied suchhas dedtabilized the nation. The at- associations, people become dis-tempt at "over-control" through to ' satisfied, frustrated and uisruptive.

- talitarianism has produced disorder.

37 '

-41

.

38

t

0

,I'

2. The key force in the unraveling process inPoland is the workers. Thefirst major as-4sociations to break free from the Party con-

- trol have been the trade unions formed inthe 1980 strikes.'

3.

B.

That it is has been the workers who havetaken the lead'in the revbjt, in a supposedly"workers' state" or "dictatorship of the pit-letariat," clearly indicates that the rights-ofworkers were not being respected from theoutset

Since autonomous organizations are bannedunder totalitarianism, the formation of inde-pendent associations must be spontaneous.Clandestine advance planning by smallgroups is dangerous and, if the secret policeare competent; almost impossible.

ak Spontaneous mass action requires thata commonality of ideas and emotionsbeexperienced bya large number of peopleall at once.

It Nationalism provided one common emo-tion. The totalitarian government in Po-lead is a foreign-imposed regiene

c. Religion provided another common idea.Most Polish workers are devout Catho-lics, and the foreign-imposed regime inPoland is anti-Church.

'N,if. .

b.

If one totalitarian control system unravels, .

could that example spread to other total- C.itarian countries?

1'. Logically, yes where' similar conditionsexist: a modern, industrial society in whichmaintenance of totalitarian control is de-stabilizing because of the frustrations suchControl creates by denying potentially influ-ential interest groups the channels for ex-pressing their interests, problems andconcerns.

2. The Soviet leadership clearly fears that theerosion of totalitarianism could indeed' be-come contagious. When the erosion reachedinto the Party itself in Czechoslovakia in1968, the U.S.S.R.,intervened militarily tohalt the process.

a. Even in Communist China, workers re-cently tried to form trade unions, explicit-ly citing the Polish precedent.

I

1

2.

,

v

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e .

s.. :.I'QP

4

. ii...._,.

k.;.....- 4s . .?s el

The leaders of theU.S.S.R may well yetintervene in Poland to stop the furtherformation of independent groups there,although in 1956 the U.S.S.R. did tolerateGomu Ike's dismantling of the collectivefarming system in Poland.

0What impact may the Polish workers' strugglefor the freedom of association have on Amer-icans? ,

War could conceivably be sparked bythe Soviet intervention in Poland sincethere would be resistance from thePolish people, and there is the resultantpossibility of military intervention fromthe Westetn powers in order to help thePoles.

Polish success in forming independenttrade unions could begin the erosion oftotalitarianism throughout East Europeand the U.S.S.R., leading to "PragueSp .ngs" in several countries, with Com-munist governments being transform-ed into sc cial democratic governmentsready to regotiate an end to the "coldwar" and thus to the threat of nuclearannihilation.

42 )

ENDNOTES

Freedom, of Association

1A

Constantiffe Menges, "Spain: The Struggle for Democracy Today," in the WashingtonPapers No.58, (Beverly Hills; Sage Publications), 1978.

2.

The U.N. Office of Public Information has issued two pamphlets on this and other humanrights covenants. For the text, see International Covenants on Civil Rights, April, 1970. Foran explaination of the covenants, see Background Papers,"The international Bill of HumanRights ", June 1976.

3. 1?.

The International Labor Organization (ILO) publishes a useful "Chart of Ratifications,"showing which of the 135 member °nations have ratified which ones of the over 143Conventions. For a copy, contact the International Labbr Office, 1750 New York Avenue,N.W., Washington, D C., 20006.

4John Dugard, Human Rights and the South African Legal Order, Trinceton: PrincetonUniversity Press), 1978.

5.Paul Barton, "Trade Unions in the U.S.S.R.," AFL-CIO Free Trade Union News, April, 1981.

6 -

Max M.Kampelman, "The Violations Continue...," AFL-CIO Free Trade News, April, 1981.

7Albert L. Weeks, "Workerg Dissidence in the U.S.S.R.," Freedom at Issue, September/October 1978.

See also Adrian Karatnycky; Alexander J. Motyl; and Adolph Sturmtlial; Workers' Rights,East and West, (New Brunswick: Transaction Books), 1980, pp. 53-64.

39

BIBLIOGRAPHY

On Freedom of Association:

Guy Claire. Freedom of Association and Economic Development. Freedom of Association Cpmmittee ofthe Governing Body of the ILO, Freedom of Association, 2nd edition. Geneva: InternationalLabor Office, 1976.

Report of the Committee of Experts on the Application of Conventions and Recommendations,International Labour Conference, 1979. Geneva: International Labor Office, 1979; pp. 111-147 on ILO Convention #87.

Adrian Karatnycky; Alexander J. Motyl; and Adolph Strumthal; Workers' Rights, East and West.

New Brunswick, Transaction BookS, 1980.

James Madison. The Federalist #10. New York: Modern Library.

RaymOnd D. Gastril. "An Index for Trade Union Freedom," Freedom in the World, 1980. New Ybrk,Freedom House, 1980.

On the Polish CaseKaratnycky; Motyl; and.Sturmthal; op.cit., pp. 65-77.

Tufton Beamish and Guy Hadley. The Kremlin's Dilemma, The Struggle for Human Rights in Eastern

Europe, Chapter 2, "Poles Apart." San Rafael, California: Presido Press, 1979.

Michael Dobbs. 3 Part series of articles on the Polish crisis, The Washington Post. March

22, 23, 24, 1981.

Maria Latynski. "Workers vs. Party-State in Poland," AFL-CIO Free Trade Union News. September,

1980.

"Solidarnosc," various articles in the AFL-CIO Free Trade Union News. September 1980.

Jacob Karpinsky. "Workers vs. Party State in Poland," Freedom at Issue. November /December, 1980.

4044

CHAPTER 11.1

Freedom of Press

ILLUSTRATIVE EXAMPLES .

The U.N. Universal Declaration of Human Rights:ARTICLE 19:

"EVERYONE HAS THE RIGHTTO FREEDOM OF THOUGHTAND EXPRESSION: THISRIGHT INCLUDES FREEDOM TO SEEK, RECEIVE AND IMPART INFORMATION ANDIDEAS THROUGH ANY MEDIA. . . "

DEMOCRATIC GOVERNMENT

s


The press in democratic countries is us-ually free to report all of the news, even thatwhich is unfavorable to the incumbent govern-ment. Newspapers are free to criticize thepolicies of the government in their editorials.


In the democracies, the constitutions andlaws set out in detail the rights of the freepress and other media These doctrineshave evolved over the past two centuries. In

' 1695, English printing laws required all news-papers to be. licensed by the government,and the papers had to obtain prior govern-ment approval before publishing sensitivenews items. In reaction to this, the Bill ofRights of the United States forbade Con-gress to pass any law abridging the freedom

-of the press. During the First World War, theU.S. Supreme Court established guidelinesas to when the government may punish anewspaper for what it has already printed:

7.;$ ,II% 4

the material must present a "clear and pres-ent danger" that an evil might occur -WhichCongress has a right to prevent. (Schenckvs. U.S) (See Bibliography)

These principles and others related topress freedom are refined and up-datedperiodically by further judicial decisions andreviews.

Example: The SupremeCourt of the UnitedStates ruled, in a controversial decision, onthe question of whether the press couldpublish the "Pentagon Papers" regardingU.S. policy in Vietnam,- when these classifiedpapers were divulged by a former DefenseDepartment official, Daniel Ellsbero.

Example: In April, 1981, Prince Charles'telephone calls from Australia to his fiancee,.Lady Diana Spencer, were illegally tape=recorded. News magazines in both GreatBritain and West Germany planned to pub-lish excerpts from the tape transcripts. Biick-Ingham Palace immediately sought courtinjunctions in both countries against thepublication, contending that the couple'sright to privacy overrode the right of pressfreedom in that particular instance. The courtin both Great -Britain and West Germany

45

41

.3

concurred and issued the requested injunc-tions. Thus the rules concerning press free-dom, in the age of electronic eavesdropping,were updated by the courts in these demo:cratic nations.

1


! In' democratic pluralistic countries, the;prevailing practice is for the legal right to-Ipress-freedom to be exercised vigorously.Newspapers play the role of "watchdog",,often alerting the public,to cases of govern-

/Rent corruption or abuse Of newer.

Example:. It was the Washington Post, inthe now famous series of articles by Wood-/Ward and Bernstein, which first revealed thecomplicity of White House officials in theseries of abuses known as "Watergate" andin the Nixon administratiop'e attempts tocover up those abuses. 2"

41.

AUTHORITARIAN GOVERNMENT

42 .

A. 'General Assessment:Authoritarian governments usually put

serious restrictions on freedom of the press,preventing the reporting of items unflatteringto the government and blocking editorialcriticism of national political leaders and/ortheir policies. The-degree of presi repres-sion varies from time tcatime and from issueto issue, but the goverhmetil has the optionof blocking out whatever reporting or criticismit chooses.

B. The Right on Paper

Constitutions andl.laWs:of military re-gimes and other authoritarian govern-ments usually guarantee press freedom onpaper, although press censorship is oftenexplictly authorized in provisions for specialgovernment powers during a ".state of emer-gency."

7

Example: In Italy, in April, 1981, the Italianpress exposed the fact that several high,government officials were members of asecret Masonic lodge known as "Propa-ganda, *2," which had engaged in variousillegal activities of both a political and aneconomic nature. The press revelatiOnscaused the fall of the cabinet, and an end tothe series of Christian Democratic Premierswho had gdverned Italy since World War II.

3In democracies, the freedom of the press isnot extended so as to allow the publicationof libelous materials. If the press does libel,the person libeled may sue and, if indicatedby the court, may collect damages.

Example: Actress Carol Burnett sued theNational Enquirer, alleging that she had beenlibeled by an article stating that she had mis-behaved in a restaurant. A court found infavor of Ms. Burnett. She was awarded $1.6million in damages.

Example: India provides an example ofan attempted transition from democratic toauthoritarian rule which involved press free-dom and the declaration of a "state of emer-

.gency" PrimeMinister Indira Gandhi, in 1975,took advantage of a provision in the consti-tution which allowed for the suspension ofcivil liberties during a national emergency.Declaring an "emergency", she invoked thisprovision in order to justify the suppressionof the publications opposed to her regime.Fortunately, public opposition to such viola-tions forced a free eiection which returnedIndia to democratic rule.,

4


In practice, authoritarian governmentsusually do not concern themselves with the.reporting of news which does not affect thestrength of the regime's hold on politicalpower. Censorship is imposed on indepen-

46

I

dent news media, however, in the reportingof news items which put the government'spolicies in a bad light and in editorial opinionswhich are critical of the government

Newspapers and ,radio stations whichdisregard the government's censorship rulesare often subject to government reprisals.

Example: The white-South African'go-vernment issues "banning" orders on puhli-cations, organizations and persons regardedas injurious to the state. This method is usedto deny freedom of the piess. Since 1960,the major African political parties and (heirpublications have been banned. Two irrfpor.tent black South African newspapers, TheWorld and The Post, are currently banned,and Donald Woods, a white editorof a majorwhite newspaper, The Daily Dispatch, is alsobanned. 5

Example: Under the Somoza dictatorshipthe most respected newsp,aper in Nicaraguawas La Prensa, owned and edited by Sr.Pedro Chamorro. La Prensa frequently crit-icized the Somoza, government's policies,despite government attempts at censorship.In January, 1978, Pedro Cha'morro was assas-sinated under circumstances suggestinggovernment complicity. This event precipi-tated the substantial political ,unrest whichled to Somoza's Jail in 1979 and to theassumption of power bythe Sandinista move-

Alternative Study Examples

The case of La Prensa, summarized here,illustrates the of the press underauthoritarian rule. Again it may be desirableto take a major example on the issue ofpress freedom from a democratic or total-itarian setting.

A 'good indicator of the attitude of thedemocratic nations towards the issue of

ment. Freedom of .the press was thus'an`immediate issuewhiai led to the overthrowof the Somoza' regime.The difficulties of La Prensa have continuedto reflect the nature of Naraguan politics

. and to influence their course. After Somozafell, a governing junta of both moderatedeMociatS and Marxist Sandinistas took for-mal power. One member of the junta wasMrs. Violeta Chamorro, widow of Pedro Cha-morro, and his successor as editor of LaPrensa.As the Sandinistas moved toward dictatorialrule, Mrs. Chamorro resigned from the juntain protest, and La Prensa criticized the anti-democratic moves of the Sandinista govern-ment. In early 1980, the goveinment begant,) pressure La Prensa to carry pro- govern-ment stories as well as articles defamingopponents of the Sandinistas. Mrs. Chamorrorefused.In March; 1981, the government instigated amob to surround the building of La Prensaand to intimidate its employees, with theresult that La Prensa was unable to puplishfor two days thereafter.Thus, under both Somoza and the Sandinistas,the degrees of freedom allowed to the LaPrensa, or the degree of repfession exertedagainst it, have been accurate barometers ofNicaraguan politics.

press freedom's is the stand that they havecollectively taken in UNESCO, opposing theefforts of many Third World dictatorships tocreate a"new information order" underwhichgoyernments would be able to"manage" thenews. For information on this controversy,see: .

Leonard R. Sussman. "Mass-News Media and the Third World Challenge." The WashingtonPapers No. 46. Beverly Hills: Sage Publications, 1977.

43

0.

An interesting insight into press free-dom in totalitarian countries would be asurvey of the origin, extent, and fate of theunderground press in the U.S.S.R.This under-ground or "samizdat" network is one re-

sponse of the SOviet citizens to the gap innews and opinion created by the officialmonopoly of the press. A good survey of the(*tent and significance of the "saniizdat".phenomenon can be found in:

..Rudolf L Tokes, ed. Dissent in ,the U.S.S.R. Baltimore: Johns Hopkins Press 1975, Part III.

Freddrick C. Barghoorn. Detenteand the Democratic Movement in the U.S.S.R. New York:Free Press, 1976, pp. 20-22, 137-143, 154-158.

TOTALITARIAN GOVERNMENT

44

A. General Assessment:In totalitarian countrres, it can be said

that there is no press censorship, becausethere is no independent press to censor. Allnewspapers and other informational mediaare written, published, owned and controlledby the government. Press freedom is non-

. existent. The government seeks to condi-tion its people to act in accordance with thewishes of the government by controlling allinformation reaching them, not just informa-tion relating to politics.-

B, The Right on Paper:

Constitutions in Communist totalitariancountries contain the normal guarantees Ofpress freedom. However, state ownership of,all-means of production; including those ofthe writing and the printing of newspapers,is a basic principle of the totalitarian state. Inaddition,,the "guiding role of the Party" isproclaimed as vital in all organizations, in-cluding newspapers.

O


In practice, any attempt to disseminatenews through media not controlled by thestate is illegal, despite. constitutional proc-lamationi of press freedom.

O

Example: In Nazi Germany, which wasmoving toward a full,totalitarian system, allpublications written by dissidents had to betyped or hand-written and had to be clandes-tinely circulated from person to perion. Noopen publication or distribution was allowed.

Example: There are continual attemptsto drown out.our "Voice of America" broad-casts in many totalitarian countries: Accessto foreign ideas is severly inhibitied.

-e. 4

1.;

Example: The. twOi major newspapers in rothe U.S.S.P. are Pravda and lzvestia. One isthe organ of the ruling Party and the other of

sihe government. No pretense of an inde-pendent press can be made.

48

^01111110Ehaailia."..

,,

For further discussion and activity

A. Full control over the information reach-ing the peoplein totalitarian countries allowsgoverents to maintain support for expan-sionist policies. For example, many Sovietcitizens believe that the U.S. seeks to encircleand to destroythe U.S.S.R, that Soviet inter-vention in Afghanistan was necessitated by"capitalist provocations", etc.

Since expansionist Soviet moves couldwell lead 0 war, world peace is threatened -by the continued monopoly of the press bythe Soviet government. Not only 'do theSoviet people not know the truth about theworld outside their borders, but they Cannoteven obtain truthful information about theactivities of or within their own country.

..,

B. In authoritarian countries, when thefree press is not available as the publics'"watchdog," government abuses grow andperpetuate, so does popular discontent,which can produce political disorder andchaos.

Chaos in Iran was 'a major factor in therise of oil prices in the U.S. and also helped,to bring about the hostage crisis. Chaos inNicaragua gave the Sandin:stas the oppor-tunity to gain power. Neither the Shah, norSomoza had allowed a free press to exist intheir, respective nations.

A free press everywhere is in both theeconomic and security interests of Americancitizens.

41, 45

.

LN.

.

ENDNOTESt

Freedom of the Press

9

1New York Times, May 7, 1981, p. A-17; May 8, 1981, p.A-5, May 9, 1981, p. A -5.

2Carl Bernstein and Bob Woodward. All the President'S Men, (New Y,....K; Simon and Schuster),

1974. r

3,Facts on File, May 29, 1961, p: 356; June 12, 1981, pp. 401-402; July 3, 1981, p. 460.

`9 4Human Rights Reports prepared by the Department of State for the Committee on ForeignRelations, March, 1977, pp. 32-33.

46

5 /

Wilfred Grenville-Grey, "South Africa: What Prospects for Human Rights," Africa Report,September/October 1981.1

,:.

c,

Q

.

BIBLIOGRAPHY

On Freedom of the Press

Leonard R. Sussman, "Mass News Media and the Third World Challenge," The WashingtonPapers, No. 46. Beverly Hills: Sage Publications, 1977.

John Stuart Mill. 4bn the Liberty of Thought and Dismission," Chapter II of his Liberty.Chicago, Henry Regnery Co., 1955.

Leonard R. Sussman. "Freedom of the Press: Problems in Restructuang the Flow ofInternational News," in Raymond D. Gastil, ed. Freedom in the World, 1980.New York: Feeedom House, 1980.

Congressional Research Section, The Library of Congress, The Constitution of the United----States of Americas Revised and Annotated, 1972, the Section on the First

. Amendment. Washington, D.C., 1973.

On\the-case of Nicaragua:"Nicaragua," in Country Reports on Human Rights Practices. February 2, 1981, Washing-

ion, D.C.: U.S. Government Printing Office, 1381.

Inter-American Press Association "Statement on La Prensa, of Nicaragua," Miami, April 29, 1980.

Committee on Freedom of the Press and Information, Inter-American Press Association,"Minutes of Midyear Meeting, March/April, 1981," Miami, pp.7-i 0, 25.

Frances R. Grant "Nicaragua Seeks Its National Identity Hemisferica," Inter-AmericanAssociation for Democracy and Freedom, May, 1980, p. 2.

"As goes La Prensa," Washington Post. JOly 19, 1981, p. C-6.

"Nicaragua ClosesCritical Media," Washington Post. October 3, 1981, p. A-24.-

51 47

HAPTER IV

The Right to Vote

ILLUSTRATIVE EXAMPLES


Article 21:

"THE WILL OF THE PEOPLE SHALL BE THE BASIS FOR THE AUTHORITY OF ,

GOVERNMENT; THIS WILL SHALL BE EXPRESSED IN PERIODIC AND GENUINE'ELECTIONS WHICH SHALL BE BY UNIVERSALAND EQUAL SUFFRAGE AND SHALLBE HELD BY SECRET VOTE OR BY EQUIVALENT FREE VOTING PROCEDURES."

DEMOCRATIC GOVERNMENT

A. General' Assessment:

'Political deMocraties, by definition, are,countries in which, the nation's political lea-ders are chbsen through free Competitiveelections. Such a procedure puts the - ultimatepolitical power in the hands of the people.They decide who will govern.


In the political democracies, the right tovote is carefully protected in constitutionsand laws.The scope of suffrage (today usual-ly extended to all adult citizens, regardlessof gender oryihether (iterate) is set out in thelaws. Detailed procedures for voting areestablished, often through national electoralcommissions, to assure secret balloting and

Example: When population shifts in manyU.S. states left Congressional and state leg-islative districts with very unequal popula-ions, the Supreme Court ordered the statesto redistrict, so as to provide equal representa-tion to all citizens. (Baker vs. Carr) (SeeBibliography)

Example: In Venezuela, elections are con;ducted by the Supreme Electoral Council.The Council keeps voter registration lists,Prepares ballots, sets up the polling pladesand counts the ballots. TO assure the objec-tivity of the Council, it has been made auto-nomous from the rest of the Venezuelan,executive branch. Its nine members are elect-ed by a joint sessior, of the VenezuelanCongress. Four members must have no polit-ical affiliation, and the other five are nomi--nated by the fiVe parties receiving-the most°votes in the previous _national election.Tbroughthis selection- procedure, the Coun-cil's fairness and impartiality have been as-sured to the satisfaction of all Venezuelan

an honest count of the votes. parties.<,

52

.

4

,Et-

C. The flight in Practice:

0. Observance of these, taws end Firoce-duresrin practice, is reasonably complete inpolifical democr4cies, although no nation isfully free from voting fraud, edpeCiallyficertain local areas.

.

Example:. In May, 1978, free electionswere.conthicted.in the Dominican Republic,under the,admiofstration otthe Central Board

Ele.ctions. The incumbent Presidtnt,Joaquin Balaguer, was soundly defeated.His Orly, backed by conservative militaryofficer% put pressure on the Board of Elec-tions to declare the election invalid. Thesepressures precipitated the resignation ofthe ,chairman of the Board of Elections.However, his successor stood firm and con-Wrmed the voting results after receiving sup-

AUTHORITARIAN GOVERNMENT


In authoritarian dictatorships, electionsplay no important role in selection of thenational leadership. Selection in military re:gimes is based on "barracks politicl!', withambitious generals building personal sup-port factions among officers of key military'units. In' civilian authoritarian regimes, thedictators may builddbase among traditionalrural elites, especially the landowners.

t

a

port from U.S. President Carter and also -fromthe new chairman's relatives, who purchasednewspaper advertisements urging shim fiatto besmirch the family name by blocking thepopular will.

2

Example: In- the U.S., the 1965 VotingRightsAl was passed to resolve the problemof discriminatory- exclusion of blacks andother minorities from registration and voting,especially in the southern states.In succeeding years the black vote has in-creased enormously in the South, in bothabsolute and relative terms, and has becomean important factor in determining the out-come of elections in the South.In 1981 the Voting Rights Act was renewedby Congress.

)


Formally, authoritarian regimes take vary- .

ing positions on the institution of elections!Some regimes dispense with elections al-togetheras did the Peruvian junta from1968 to 1979. Some attempt to pfpvide a,facade of legitimacy to their rule by theholding of plebiscites, which are almost al-ways'won overwhelmingly, as in Korea in ,

1962 or in Chile in .19,80. (However, the .tactic backfired in, Uruguay in 1980 whenthe people voted down the military-proposedconstitution in a plebiscite.

I

Some. authoritarian regimes hold elec-tions under conditions that they control, sothat some degree of real competition can bedisplayed without endangering the power ofthe incumbent regime, which rests on a non-electoral political base.

49

J.

.

6

Example: In the 1970's in South Korea, ParkChung Hi held elections in which his govern-ment party had to compete with the opposi-tion party for two-thirds'of the seats in theparliament. However, the \government heldthe right to fill the other one -third by appoint-ment. Under this system there was no seriousprospecj of the opposition unseating thegovernment majority.

4


50

3

In the practice of elections, even withinthe very limited formal procedures used byauthoritarian regimes, serious violations ofthe right to vote are common. TheMolationof 'the secret ballot is rampant-in sortie

'authoritarian countries. Although there isthe facade of a free election; ballots areoften color-coded by party and the ballotboxes are in full view of the election officials.Therefore, citizens may be intimidated so'that they are afraid to vote against the partyin power, for fear of reprisal.

0

Example: in South Korean trade unionelections during the rule of General ParkChung Hi, some prospective candidates whoappeared "too-militant" were intimidated bythe Kiirean CIA tbrough beatings and threatsinto withdrawing from thelections.

Example: in the recent plebiscite underGeneral Pjnochers regime in Chile, votecounters were forced by the Chilean govern=ment to count blank ballots as "yes" votes,althbugh most voters who cast blank ballotsclearly did so as a form of anti-Pinochetprotest..The denial of truly free COmpetitive electioqsto a people results in serious damage to tininterests of the disenfranchised majority ofthe citizens.

. . -

Example: From 1945 until 1964, Brazil.was apolitical democracy, with PresidentsVargas, Kubitschek, and Quados: all freelyelected in contested elections.In 1961, President Quadros unexpectedlyresigned and was succeeded by the Vice-President, Joao Ggylart, who was viewed by

I

conservative critics as allowing both politicalcorruption and Marxist infiltration of thegovernment. In 1964, the Brazilian militaryoverthrew* the democratic system and in-stalled a military dictatorship which remainsin power to y. t

During e years.of military rule, the' richest10% f Brazilian families increased theirsh e of the national income from 40% to60 . Correspondingly, the share received byth disenfranchised poorest 50% of Brazil'sfa iliestell from 17% to 13%.Th military government kept control overm t trade unions and allowed little collectivebargaining and np strikes. As a result, evenskilled industrial workers in Brazil in 1978received wages equal ''only to one-sixth ofthose in comparable U.S. and European in-dustries. Of all the semi-industrialized de-veloping nations, Brazil had the most unfairdistribution of income.Brazil is an example of the political truismthat if you want to get your "fair share of thepie," yod must have political clout. The peOpleof a nation obtain that clou.7 by choosingtheir leaders in fair, contested elections.

Alternative Study Examplesa

As an alternative to the example of Brazilunder authoritarian Jule, a major example ofvoting rights in a democratic or a totalitariancountry might be employed. A particularly

Is

-

interesting example of how free elect'help to stabilize a political system is idedin Venezuela's history since the-overthrowof the Perez Jimenez dictatorship in 1958.Suryiving attempted coups in 1958, 1960,and 1962, Venezuela carried on with a freenational election in 1963, despite thieats

from leftist urban terrorists. In succeedingears, power has -changed twice throughree elections, most in 1978, with-ut dimage to Venezuela's stability or eco-

toniic growth. For information on this ex-ample see:

Howard R. Penniman, ed. Venezuela at the Polls. Washir\gton, D.C.: American Institute forPublic Policy Research, 1980.

Robert J. Alexander. The Venezuelan Democratic Revolution. New Brunswick: RutgersUniversity Press, 1-964, pp. 52, 233.

John D, Martz. AcciSn Democratica. Princeton: Princeton University Press, 1966, pp. 113,115, 272, 353.

4444

An interesting example of the functionsserved by elections in totalitarian countriesis the system of elected municipal assem-blies introduced in Cuba in 1976. Althoughthere are multiple candidates in these elec-tions, no campaigning is allowed, and theCommunist Party officials make sure that

the "best revolutionaries" are nominated.These local assemblies serve as channels ofcommunication between the people and thegovernment, and act as "ombudsmen" forcitizens cleating with the complex bureau-cracy. For information on this example see:

Jorge I. Dominguez. Cuba Order and Revolution. Cambridge: The Belknap Press.,1978,pp. 281-291.

2

TOTALITARIAN GOVERNMENT


Totalitarian regimes use elections, butfor exactly the opposite purposes of demo:'cratic countries. Elections do not bring pop-ular pressure to bear on ulers of the nation,as in democracies. Under totalitarianism,elections bring government pressure on thepublic to support the regime.


Electiong are held frequently in Com-munist totalitarian countries, for "tradeunion"leaders, for Party posts and for government

55

51

,

positions. Elaborate election laws and elec-toral commissions are prepared to admin-ister these various elections. In theory, eachlevel of "trade union", party or governmentelects the next higher level. In practice theelections .make no decisions because:

52

1. All candidates must be approvedadvance by higher levels of

the "trade unions", Party or gov-ernment. 5(Since' there is onlyone party of significance allow-ed, there are no primary elec-tions, only the final election.)

2. In all but a small percentage ofelections in Communist coun-tries, there is only one candidate.


. The true role of election campaigns andof voting in Communist countries is to mobil-ize the people to show theirsupport for theParty for its associated interest groups,to familiarize the population with the currentParty slogans and campaigns, and to renewthe people's ideological preparation.

Example: In the last Soviet elections tothe Supreme Soviet, grezhnev won his seatby obtaining 100% of the votes castin hisdistrict. He ran unopposed.

ENDNOTES

Right i to Vote

1

Howard R. Penniman, ed., Venezuela at the Polls, (Washington, D.C.: American EnterpriseInstitute for Public Policy Research), 1980.

I

2Hemisferica, bulletin of the Inter-American Association for Democracy and Freedom,June/July, 1978, p. 4.

3See Country Reports on Human Rights Practices, submitted to the Congress by theDepartment of State, February 2, 1981, (Washington, D.C.: U.S. Government PrintingOffice), p. 545:

4See Robert A. Scalapino, "The United States and Korea," The W,ashingtOn Papers, No.69,(Beverly Hills: Sage Publications), 1979, pp. 15-18; Edward Wright, ed., Korean Politics inTransition, (Seattle: University of Washington Press), 1975 pp. 49-56.

5

See Washington Post, July 17, 1981, p. A-1, tol. 1.

57 53

L.

a

BIBLIOGRAPHY

On the Right to Vote:

Raymond D. Gastil, ed. Freedom in the World, 197:8. Part II "Fundamental Issues" especially. the essays by Giovanni Sartori, "A Realistic Appraisal of What is meant by

Democratic Rule," and Robert Dahl, "Democracy as a Polyarchy," New York:

Freedom House, 1978.

A. D. Lindsay. The Modern Democratic State. especially Chapt. XI, "Democracy and theCommon Life. New York: Oxford University Press, 1962.

Carl Becker. Modern Democracy. New Haven: Yale University Press, 1942, especiallyChapter II covering the history of democracy.

Henry B. Maya An Introduction to Democratic Theory. New York: Oxford University Press,1960, especially Chapter V, "Popular Control and the-Meanings of Elections."

On the Brazilian case:

Joel Bergsman. Growth and Equity in Semi-Industrialized Countries, Staff WorkingPaper No. 351., Washington, D.C.: The World Bank, 1979.

James L. Busey. "Brazil," in his Latin American Political Guide. Manitou Springs,Colorado: Juniper Editions, 1975.

"Brazil's Rising Power," in Great Decisions 1980. New York: The Foreign Policy Association,

1980.

Jim Brooke. "Union Leader Vexes Brazil's Military Rulers," Washington Post. March 4,1981, p. A-13.

"Brazil," in Country Reports on Human Rights Practices U.S. Department of State,Febfuary 2, 1981, Washington, D.C., 1981

54 58

GENERAL BIBLIOGRAPHY

James M. Becker; ed. Schooling for a Global Age. New York: McGraw Hill BookCompany, 1979

Thomas Buergenthal and Judith Torney. International Human jhts and InternationalEducation. Washington, D.C.: U.S. National Commission for UNESCO, Depart-ment of State, 1976.

Maurice Cranston: What are Human Rights? New York: Tap linger Publishin Co.,,1973.

Robert F. Cushman. Leading Constitutional Decisions 16th ed., New Jersey: Pre tice-Hall Inc., 1982.

Raymond D. Gastil. Freedom in the World: Political Rights and Civil Liberties 1 J81.Connecticut: Greenwood Press, 1981.

\:Adrian Karatnycky; Alexander J. Motyl; Adolph Sturmthal; Workers' Rights, East and

West. New Brunswick: Transaction Books, 1980.

Walter Laqueur and Barry Rubin, editoos. The Human Rights Reader. New York: NewAmerican Library, 1979.

Philip Taft. Defending Freedom: American Labor and Foreign Affairs. Los Angeles:Nash Publishing, 1973.

Note #1:

Note #2:

Many, if not all of the above mentioned books are available in your teachercenter library.

Many organizations such as the Foreign Policy Association, UNA/USA andFreedom House, as well as dozens of others, publish a variety of excellentmaterials concerning international issues, international education and humanrights. There are also many local, state and regional organizations that producematerials related to the same issues. A directory which lists the names,addresses and telephone numbers of a large number of these organizationscan be obtained from Mr. Andrew Smith, c/o Global Perspectives in Education,218 E. 18th Street, New York, New York 10003.

5955

Suggestions For Learning Activities

The following activities may be appropriate to one or more of the case studies contained herein. As always, thediscretion of the teacher is the determining factor in their use.

1. Comparisons (development of violation of a human right using historic and current events) ,2. Take students to a court to see due process in action

3. Role playing (lawyer, judge, jury in a trial situation is ideal for due process)

4. Mock trial (full trial held in class, used with #3)

5. Use of quotations to spark discussibns

6. aVideotaping of a lesson can be used as a discussion tool for many activities

7. Study a full trial transcript or select excerpts

8. Discussion of street law (using outside resource people, e.g. former prison inmates, lawyers, judges, etc., whocan make presentations to the class)

9. Reading of historical materials e.g. "Trial of docrates" "Shogun"

10. Reviews of trials held under Roman law, Common law, Napoleonic law, etc.

11. Select a recent election here in the U.S. and /or another country and investigate to what extent rights (vote,association) were observed

12. Examine the status of political riyhts currently evolving in China

13. Examine the apartheid policy of South Africa

14. Study historic and current examples of groups who have petitioned to publicly assemble in order to identifythe entire spectrum of possibilities that exist in a variety of political systems when a group petitions toexcercise that right' ot

15. 'Draw up a matrix of how a particular event will affect or has affected people in various countries 4

16. Show in class or assign films that in some way(s).treal the question of human rights: "Shogun" "Trial ofSocrates"

17. It possible, obtain news broadcasts of an international event from other countries vs. U.S. television mediacoveragesame can be done with foreign ys. U.S. publications

Note:- Some of these activities may be of use within the context of teacher training sessions. Most of them,

however, are more appropriate for classroom use with high school students and are of most value for the social

studies.

Additional Readings,The brief listing below gives some sourbeso other than texts, which can be used as introductory or

.supplementary readings in regard to one or more of the rights presented in this guide.

Magna CartaPlato's Apology

4111he Leviathan (Hobbes)Animal Farm (Orwell)1984 (Orwell)Letter from a Birmingham Jail (Martin Luther Xing)One Day in the Life of Ivan Denisovich (Solzhenitsyn)The Lion and the Throne (Bowen)Crisis of the House Divided (Jaffa)

56co

C

UNIVERSAL DECLARATION

ofHUMAN RIGHTS

On DO ember 10, 1948, the General Assembly of the United Nations adopted and proclaimed the UniversalDeclaration of Human Rights. Following this historic act the Assembly called upon all Member countries topublicize the text of the Declaration and "to cause it to be disseminated, displayed, read, and expoundedprincipally in schools and other educational institutions, without distinction based on the political status ofcountries or territories."

UNIVERSAL DECLARATIONOF HUMAN RIGHTS

PREAMBLE

Whereas recognition of the inherent dignityand of the equal and inalienable rights of allmembers of the human family is the founda-tion of freedom, justice and peace in theworld,

Whereas disregard and contempt for. hu-man rights have resulted in barbarous acts,which have outraged the conscience of man-kind, 'and the advent of a world in which'human beings shall enjoy freedom from fearand want has been proclaimed as the high-est aspiration of the common people,

,

Whereas it is essential, if man is not to becompelled to have recourse, as a last resort,to rebellion against tyranny and oppression,_`that human rights should be protected bythe rule of law,

Whereas it is essentialto promote the de-velopment of friendly relations between nations,

Whereas the peoples of the United Nationshave in the Charter reaffirmed their faith infundamental human rights, in the dignity andworth of the human person and in the equalrights of men and women and have deter-mined to promote social progress and betterstandards of life in larger freedom,

Whereas Member States have pledged them-selves to achieVe, in co-operation with theUnited Nations, the promotion of universal

APPENDIX A61

respect for and observanCe of human rightsand fundamental freedonis,

Whereas a common understanding of these'rights and freedoms is of the greatest impor-tance for the full realization of this pledge,

Now, Therefore,

THE GENERAL ASSEMBLY

proclaims

THIS UNIVERSAL DECLARATIONOF HUMAN RIGHTS as a commonstandard of achievement for all people andall nations, to the end that every individualand every ;organ of society, keeping thisDeclaration constantly in mind, shall striveby teaching and education to promote re-spect for these rights and freedoms and byprogressive measures, national and inter-national, to secure their universal and effec-tive recognition and observance, both amongthe peoples of Member States themselvesand among the peoples of territories undertheir jurisdiction.

Article 1. All human beings are born freeand equal in dignity and rights. They areendowed with reason and conscience andshould act towards one another in a spirit ofbrotherhood.

Article 2. Every` one is entitled to all rightsand freedoms set forth in this Declaration,without distinction of any kind, such as race,colour, sex, language, religion, political orother.opinion, national or social origin, Prop-erty,.birth or othertatus.Furthermore, no distinction shall be madeon the basis of the political, jurisdictional orinternational status of the country or tern-toryto which a person belongs, whether it beindependent, trust, non-self-governing or un-der any other limitation of sovereignty.

Article 3. Every person has the right to lifeliberty and security of person.

Article 4. No one shall be held in slavery orservitude; slavery and slave trade shall beprqhibited in all their forms.

Article 5. No one shall be subjected totorture or to cruel, inhuman or degradingtreatment or punishment.

Article 6. Everyone has the right to recog-nition everywhere as a person before thelaw.

Article 7. All are equal before the law andare entitled without any discrimination toequal protection of the law. All are entitled toprotection against any discrimination in vio-lation of this Declaration and against anyincitement to such discrimination.

Article 8. Everyone has the right to aneffective remedy by the competent nationaltribunals for acts violating the fundamentalrights granted him by the constitution or bylaw.

Article 9. No one shall be subjected toarbitrary arrest, detention or exile.

Article 10. Everyone is entitled in full equality to a fair and public hearing by, an inde-,pendent and impartial tribunal, in the deter-mination of his rights and obligations and ofany criminal charge against him.

Article 11. (1) Everyone charged with apenal offense has the right to be presumedinnocent until proved guilty according to lawin a public trial at which he has all theguarantees necessary for his defence.

APPENDIX A

(2) \No one shall be held guilty of any -penaloffense on account of any: act or omissionwhich did not constitute a penal offense,under national or international law, at thetime when it was committed. Nor shall aheaver penalty be imposed than the onethat was applicable at the time the penaloffence was committed.

Article 12. No one shall be subjected toarbitrary interference-with his privacy, family,home or correspondence, nor to attacksupon his honour and reputation. Everyonehas the right to the protection of the lawagainst such interference or attacks.

Article 13. (1) Everyone has the right tofreedom-of movement and residence withinthe borders of each state.

>

(2) Everyone has the right to leave anycountry, including his own, and to return to:.his country.

Article 14. (1) Everyone has the right toseek and to enjoy in other countries asylumfrom persecution.(2) This right may not be invoked in the caseof prosecutions genuinely arising from non=political crimes or from acts contrary to thepurposes and principles of the United Nations.

Article 15. (T) Everyone has the right to anationality.(2) No one shall be arbitrarilydeprived of hisnationality nor denied the right to changehis nationality. ,

Article 16. Men and women of full age,without any limitation due to race, nationalityor religion, have the right to marry and tofound a family. They are entitled to equalrights as to marriage, during marriage and at.its dissolution.(2) Marriage shall, be entered into only withthe free and full Consent of the intendingspouses.(3) The family is thenatural and fundamentalgroup unit of society and is entitled to protec-tion by society and the State.

Article 17. (1) Everyone has the right toown property alone as well as in associationwith others.(2) No one shall be arbitrarily deprived of hisproperty.

62

Article 18. Everyone has the right to free- Article 24. Everyone has the right to'restdom of thought, conscience and religion, and leisure, including reasonable limitationthis right includes freedom to change his of working hours and periodic holidays withreligion or belief, and freedom, either alone, pay.or in community with others and in public orprivate, to manifest his religion or belief in Article 25. (1) Everyone has the right to ateaching, practice, worship and observance. standard of living adequate for the health

and well-being of himself and of his family,including food, clothing, housing and medi-cal care and necessary social services, andthe right to security in the event of unemploy-ment, sickness, disability, widowhood, oldage or other lack of livelihood in circum-stances beyond his control.(2) Motherhood and childhood are entitledto special care and assistance. All children,,whether born in or out of wedlock, shallenjoy the seine social protection.

Article 19. Everyone has the right to freedomof opinion and expression; this right includesfreedom to hold opinions"withoul inferfer-ence and to seek, receive and impart infor-matiOn and ideas through any media andregardless of frontiers.

Article 20. (1) Everyone has the right tofreedom of peaceful assembly and associa-tion.(2) No one may be compelled to belong toan association.

Article 21. (1) Everyone has the right totake part in the government of his country,

-directly or through freely chosen represen-tatives.(2) Eieryone has the right of equal accessto public service in his country.

Article 26. (1) Everyone has the right toeducation. Education shall be free, at leastin the elementary and fundamental stages.Elementary education shall be compulsory.Technical and professional education shallbe made generally available and higher edu-cation shall be equally accessible to all on

(3) The will of the people shall be the basis the basis of merit.-f-

of the authority of go '1ernment; this will shallbe expressed in periodic and genuine elec-tions which shall be held by secret vote or byequivalent free voting procedures.

Article 22. Everyone, as a member of soci-ety, has the right to social security and isentitled to realization,.through national ef-fort and international co-operation and inaccordance with the organization and re-sources of each State, of the economic,social and cultural rights indiSpensable forhis dignity and the free development of hispersonality.

Article 23. (1) Everyone' has the right towork, to free choice of employment, to justand favourable conditions of work and toprotection against unemployment.(2) Everyone, without discrimination, has theright to equal pay for equal work.(3) Everyone who works has the right to justand favourable remuneration ensuring forhimself and his family an existence worthyof human dignity, and supplemented, if neces-sary, by other means of social protection.(4) Everyone has the right to form and jointrade unions for the protection of his interests.

(2) Education shall be' directed to the fulldevelopment of the human personality andto the strengthening of respect for humanrights and fundamental freedoms. It shallpromote understanding, tolerance and friend-ship among all nations, racial or religiouSgroups, and shallfurtherthe activities of theUnited Nations for the maintenance of peace.(3) Parents have a prior right to choose the'kind of education that shall be given to theirchildren.

Article 27. (1) Everyae has the righf freelyto participate in the cultural life of the com-munity, to enjoy the arts and to share inscientific advancement and its benefits.(2) Everyone has the right to the protectionof the moral and material interests resultingfrom any scientific, literary or artistic pro-duction of which he is the author.

Article 28 Everyone is entitled to a socialand international order in which the rightsand freedoms set forth in this Declarationcan be fully realized.

Article 29. (1) Everyone has duties to thecommunity in which alone the free and full

APPENDIX A

63.

development of his personality is possible.(2) In the exercise of his rights and free-doms, everyone shall be subject only tosuch limitations as are determined by. lawsolely for the purpose of securing due recog-nition and respect for the rights and freedomsof others and of meeting_therjust_require-ments of morality, public order and the gen-eral welfare in a democratic society.(3) These rights and freedoms may in no

a

APPENDIX A

case be exercised contrary to the purposesand principles of the United Nations_

Article 30. Nothing in this Declaratioh maybe interpreted as implying for any State,group or person any right to'engage in anyactivity or to perform any.act aimed at thedestruction of any of the rights and free-doms set forth herein.

Final Authorized Text Reproducld throughthe courtesy of the United Nations Office ofPublic Information.

c4-

The UN and Human Rights

The protection of individual rights has traditionally been the responsibility of nationalgovernments. Human rights provisions are included in the UN charter, however, and from thebeginning, the UN has tried to set standards of conduct for governmental behavior. Whatfollowsare brief analyses of juste few of the human rights issues being dealt with by the UnitedNations. Others include the status of women; the rights of children, refugees, the elderly andthe handicapped; the right of asylum; freedom of information; torture and treatment ofprisoners; and religious intolerance.

Some changes in thi actions and procedures described below are expected as a result ofthe initiatives now being taken by the United States as well as other countries.

THE CHARTER PROVISIONS

There are specific references to human rights in the Preamble and six articles in the.UN Charter;the most important are in Articles 55 and 56. Article 55 calls for"universal respedt for, and observanceof, human rights and fundamental freedoms for all ..." Article 56 obligates all JJN member nations"totake joint and separate action in cooperation with the Organization for achievemen oft(these)purposes . .

In an apparent contradiction of these provisions, Article 2 (paragraph 7) stipulates that "Nothingcontained in the °resent Charter shall authorize the United Nations to intervene in matters which areessentially within the domestic jurisdiction of any state . . ." This is the most frequently usedjustification for the 'ejection of international jurisdiction over human rights issues. In the opinign ofmost experts, howeVer, this-is negated in part by the Nuremberg principle that criminal violations ofhuman rights are subject to the rules of international law. In addition, two advisory opinions b9 theInternational Court of Justice uphold the view that all obligations of the Charter are legally binding,including those on human rights. President Carter, in his address at the United Nations in March1977, supported this contention: " All the signatories of the UN Charter have pledged themselves toobserve and respect human rights. Thus, no memtler of the United Nations can claim thatmistreatment of its citizens is soley its own business."

DEFINING HUMAN RIGHTS

Perceptions of human rights vary widely among UN member nations. The Western concept tendsto emphasize individual political freedoms such as the right to vote and hold p.:blic office and therights of free speech and assembly. In the developing countries, the achievement of economic andsocial rights, such as the meeting of basic human needs for adequate food, clothing and shelter, arenecessarily seen to be at least as important as political rights. Political rights, in this view, may besubordinated to progress on economic and social development, if only temporarily in some cases.Communist doctrine is essentially incompatible with both these positions. Under Marxist theory,there are no individual rights; human rights are defined collectively in terms of heeds of the statewhich are considered paramount

Since 1946, with the founding of the UN Commissions on Human Rights and the status of Women,most UN activities in the human rights field have been directed at further defining the Charterprovisions. Both Commissions report to the Economic and Social Council (ECOSOC). and throughECOSOC to the General Assembly (GA). Through the work of these and other forums, the UN has builtup an impressive body,of standards, law and precedents. These fall into three main categories:conventions and covenants (treaties), non-binding declarations of principles and recommendationsfornational-and international action.

The UN lists 19 major conventions on huMan rights and over 20 declarations. Others have beenadopted by the U N's specialized agencies. What follows is a brief description of the more important ofthese international instruments.

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APPENDIX B .

THE UNIVERSAL DECLARATION OF aUMAN- RIGHTS

The Universal Declaration of Human Rights wasadopted by the General Assembly in 1948. It had'been drafted in fhe UN C'ommission on Human Rights under the leadership ofEleanor Roosevelt.Based in part on the US Bill of Rights, its 30 Articles cover'the full range of civil, political, economic,social and cultural rights. The GA proclaims it a "common standard of achievement for all nations."--

Although not legally binding, it has become the basis for mostubsequent UN actions in this field.Its provisions have been included in the constitutions and 5.legislation of many of the newlyindependent countries, and it has served as the basis for several judicial decisions. Experts bonsider

it an authoritative interpretation of the human rights provisions of the UN Charter as well As part of-

customary international law. In this respect, it has attained a degree of legal importance.

THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS

Because of the non-binding character of the Declaration, it was considered necessary to translate

its provisions into treaty form and to define them in greater detail. Work began in 1949, and was

completed by the Human Rights Commission in 1954. After longand difficult negotiations in.the GA'sThird (Social and Humanitarian) Committee, to Covenants wee finally adopted in 1966. Both havebeen critized for loose wording which might be subject to distortion and manipulation, and for weak ,implementation prc. --idures which reley too heavily on reporting by governments.

The Covenants took effect in 1976, after35 governments ratified them. There are now 46 partiesto..the Covenant on Economic, Social and Cultural Rights and 44 to the Covenant on Civil andRolitical

/ Rights. Of The five permanent members of the Security Council (US, UK, USSR, France and China),

only the UK and the Soviet Union have signed and ratified both Covenants, the latter on the basisofinterpretations which in effect nullify their provisions.China has indicated its intention to examine alltreaties entered into by the Nationalist regime after October 1, 1949, the date the Mao governmentassumed power in Peking, but,has taken no action.

In the United States, most of the opposition to the Covenants, and to other human rights is left to

the states. Advocates of ratification question the states' rights argument because national legislation

already deals with many of these issues. President Carter has announced his intention of signing both

Covenants and transmitting them to the Senate for ratification..

The International Covenant on Economic, Social and Cultural Rights includes prcivisions on

freedom from hunger, the right to an adequate standard of living, favorable working conditions andthe right to an education. Governments ratifying the Covenant are required to submit to the Ectonomic

and Social Council (ECOSOC) periodic reports on steps that have been taken to implement its

provisions.

To most of the developing countries which have ratified the Covenant, these terms are viewed as

goals to be achieved gradually. In the United States, however, where ratification would automatically

make it the law of the land, the Chief criticism of the Covenant is that the standards it set might be

difficult to enforce in the courts because some of them are in conflict with US domestic law and with

the US economic system. For example, Article 6 refers to the "right to work," a highly controversial

phrase in the United States; Article 7 has language even more precise than the proposed Equal

Rights Ammendment with regard to "Women being guaranteed conditions of work got inferiotothose enjoyed by men;" Article 10 requires paidleave'during a "reasonable period" beforedand after

childbirth, an issue subject to union contracts in most cases. Even the strongest supporters of

ratification assume the US would have to add reservations to its ratification to the effect that theCovenant's provisions could not supersede domestic law in certain areas.-

The I nternatidhal Covenant on Chill-and Political Rights includes, among others, the right to life,

liberty, security and privacy of person, freedom of expression and assembly and the right to equality

before the law. In most instances, these rights are qualified by the need to protect national securityand public order, public health, morals, and therights and freedoms of others. Certain rights, however,

such as protection from torture, inhuman or degrading treatment are not subject to these exceptions.

Much of the criticism of the Covenant in the United States has centered on Article- 20, which'prohibits "propaganda fof -War" and any "adv.ocacy of national, 'racial or religious hatred that

constitutes incitement to discrimination, hostility or violence." This might constitute an infringement

of First Amendment rights to freedom of speech and the press. US ratification of theCovenant would

probably be contingent on a resentation protecting US constitutional rights.

A Human Rights Coin mittee of 18 experts will review reports by governments on their compliance'

APPENDIX Bf.,fb0.0

with the Covenant:Under Article 41, the Committee is also authorized to hear complaints of violationsby one state against another, provided both have accepted the competence of the Committee to doso. The Committee held its first session in March 1977, to approve. its rules of proCedure.

_ .

The Optional Protocol to the Covenant on Civil and Political Rights provides for complaints byindividuals against their governments. The Human Rights Committee is required to hear suchcomplaints jri closed session, to forward its views to the country and the individual concerned and tosubmit an annual summary of,these activates to the GA. Petitioners must have exhausted all dbmesticremedies for their grievances and all,complaints must be signed and verifiable.

The Protocol took effect in 1976; it has been ratified by only 17 nations, includi:ig Canada and theScandinavian countries, but by none of the major powers.

1

CONVENTION ON THE PREVENTION AND PUNISHMENTOF THE CRIME OF GENOCIDE

The Gentkide Convention; adopted in 1948, defined the term as "acts committed with the intent odestroy, in whole or in part,a national, ethnic, racial or religiOus group." These acts include killing,"causing serious bodily or mental harm, deliberately inflicting .., conditions of life calculated to bringabout physical destruction," measures to prevent birth and forcible transfer of children. Article 1 of theConvention specifically states that "genocide, whether committed in time of peace or in time of war isa crime under international law which (governments) undertake to prevent and to Punish."

The Convention became effective in 1951 and has now been ratified by 82 nations. The US, whichhad played a leading role in drafting the Convention, was among the first to sign it...it was transmittedto the Senate for ratification in 1951, where it ran into opposition' from some who feared itsimplications on treatment of US minorities and by others who argued that it would supersede theauthority of the states in criminal matters. Several attempts at ratification faifed.,eresident Carter hasincluded -the Genocide Convention in his list of four conventions to be recommended for Senateratification. If ratified, enabling legislation under the "necessary and proper clause" of theConstitution would probably stipulate thecontinued power of the skates to act in criminal cases suchas murder.

INTERNATIONAL CONVENTION ON THE ELIMINATLONOF RACIAL DISCRIMINATION

The General Assembly adopted the Cdnvention. in 1965. It has been in effect since 1969, and hasbeen ratified by over 90 countries. the Convention obligates all states to combat all actstf racialprejudice and discrimination, which is defined in the text as "any distinctione4clusion or preferencebased on race, color, descent or national or ethnic origin."

It was the first human rights treaty to contain implementation provisions. A Committee on RacialDiscrimination examines periodic reports submitted by governments on measures -taken in conypliance with the Convention. The Committee is also authorized to hear state-to-state complaints ofviolations (Article 11), and it may review complaints from individuals and groups if the state concernedhas accepted the competence of the Committee to do so. (Article 14)

The United States sigtied the Convention in 1966, but it was not sent to the Senate for ratification.One potential obstacle to US ratification is Article 4, which obliges states to "declare illegal andprohibit organizations, and also organized and all other propaganda activities, which promote andincite racial discrimination." Article 4 also calls for "due regard to the principle embodied in the ...Declaration" but US ratification will thus certainly require a reservation specifying protection ofconstitutional rights of free speech an&assembly. The 'JK has attached a-similiar reservation to itsratification.

President Carter is expected to transmit the Convention to the Senate during the 95th.Congress..The International Cdnvention on the Suppression and Punishment of the Crimeof Apartheidwas adopted by the GA in 1971. It is directed primarily against South Africeiand ifspolicies of racialsegregation. The text defines apartheid as may "act committed for the purpose of, stablishing andmaintaining domination by one racial group of persons over any other racial group." Such.acts are tobe trefted as criminal offenses "against humanity." The Conventiorrtook effect in 1976 and has nowbeen ratified by 31 states. The US and most other Western countries have criticized its loosely'worded definition of apartheid. They also consider it redundant because most of its key provisions are

0 6 7APPENDI'B

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4 .

already included in the Genocide and Racial Discrimination Conventions.

The Decade for Action to Combat Racism and Racial Discrimination, an effort to focus world

attention on racial issues, particularly in southern Mita, was inaugurated by the GA in December1973. The Assembly also adopted a program of action for the ten-year period which has since

expandedAo include a World Conference to Combat Racism, now scheduled for 1978.in Ghana. In

protest. over the Assembly' adoption in 1975 of a resolution equating Zionism with racism, the US

6)has refused to participate i either the planning or the funding of the Conference.'

IMLEMENTATIOWPROCEDURES AND THE "DOUBLE STANDARD"

. A major criticism of actions in the hdman rights field is the UN's "double standard," the ignoring ofknown violations in many nations, while indulging in regular denunciations of only a few countries,usually south Afrida, Israel and Chile. In part this is a reflection of the difficulties in reachingagreement on what constitutes violations of human rights. More importantly, many human rightsissues, particularly those related to the Middle East, are in fact highly explosive political,issues. And,because the UN js essentially, a political institution, even if they are not political issues, they areusually treated as such. The decision in 1977 by the Human Rights Commission not to investigatecharges of murder in Uganda is eloquent testimony to the priority accorded political considerations,in this case, maintenance of African unity. The machiriery'for dealing with human rights violationsexists, but it is.cumbersome and is not often activated.

ECOSOC Resolution 1503 was adopted in 1970.1t established the first procedures not required bytreaty for reviewing complaints from privates groups and individuals. It authorizes the Human RightsCommission and its Sub-Commission on the Prevention of Discrimination and Protection ofMinorities to review and make recommendations, on tI)ose situations "which reveal a consistentpattein of gross and reliably attested violations of human rights."

Sifice the adoption of Resolution 1503, the number of complaintilias risen dramatiC-ally, to over50,000 in 1976. Processing of these complaints is slow, however, taking a minimum of 18 months. Thecomplaints are handled on a confidential basis and the petitioner is not informed if his complaintbeing considered, if or when it has been rejected, or if and how it has been acted upon. (In 1972 and1973 several cases were reportedly referred to the Sub-Commission by the special five-memberworking group charged with reviewing the complaints, but no further action was taken.)

The Soviet Bloc is now claiming that the 1503 procedures are no longer needed because theyhave been supplanted by those include0 in the Covenants, The Covenant's procedures, however,applyonly to governments, not private complaints, and governments are usually loath to criticize other .,governments for fear of possible retaliation. The worst cases of human rights violations are usuallypublicized, not by governments, but by private non-governmental organizations.

The 11.0 Precedent The International Labor Organization (ILO) has developed effective andsophisticated procedures for enforcing the providions of the more than 150 conventions it hassponsored, several dealing with human lights. The effectiviness of the ILO procedures lies in thetripartite character of the agency: governments' reports on their implementation of ILO conventionsare regularly and critically reviewed by both management and labor experts, as well as by othefgovernments. These reviews have frequently led to improvements in national legislation. The US isnot a party to any ILO convention. In 1975 the United States gave formal notice of its intention towithdraw from the ILO partly because of the "erosion of tripartite representation in the agency." In itsletter of intent, the US declared that it "cannot accept the workers and employers groups in the lipfalling under the domination of Governments."

UN High Commissioner fok Human Rights: This proposed office, first suggested by Costa Rica in1975, would be intended to provide high-level private conciliation and mediation efforts by arespected and impartial international civil servant. Although his powers have not been defined, theSoviet bloc and the Arab states have consistently opposed the proposal as a violation of Article 2 (7) ofthe UN Charter and a potential encroachment on national sovereignty. The idea has been shelvedsince 1974. President Carter has announced his intention to revive it.

APPENDIX B

US POLICY: CREDIBILITY AND THE CONSTITUTION

The US has ratified only five UN human rights conventions, dealing with the status of refugees, thepolitical rights of women and slavery. Those who support US ratifications of other UN conventionsmaintain that the US will have little or no credibility in its advocacy of human rights until action iscompleted on at least those four corwentions supported by President Carter. In addition, they cite theineligibility of the US to participate in eitner the Human Rights Committee orthe committee on RacialDiscrimination because the US is not a party to either the Covenant on Civil and Political,Rights or theRacial Discrimination Convention. This permits, by dgfault, the USSR and Third World countries to

' interpret the conventions in ways which tend to distort their original intent.Opponents of ratification rely primarily on the 10th Amendment provisions on states' rights. The

landmark Supreme Court decision of Missouri v. Holland in 1920, refuted this argument. This so-called "migratory birds case" involved the constitutionality of Congressional legislation giving effectto a treaty with Canada which encroached on state game laws. The Court upheld the authority ofCongress to implement valid treaty commitments even if they deal with matters normally under stateauthority. In addition, Justice Holmes, writing for the majority, stated that "no doubt the great body ofprivate relations usually fall within the control of the state, but a treaty may override its power."

In 1953, Secretary of State John Foster Dulles took a different view. He pledged tha\ theEisenh?wer Administration would "not oecome party to any (human rights) covenant or present it as atreaty for consideration to the Senate," but would seek to promote human rights by "methods ofpersuasion, education and example." The treat!- making power was not to be used "to effect internalsocial changes."

Ten years later, President Kennedy attempted to reverse this policy, and transmitted threeconventions to the Senate for ratification, all apparently chosen to avoid the constitutional issue. theConvention on the Political Rights of Women, a matter of federal law under he 19th Amendment; theSupplementary Convention on Slavery and the ILO Convention on the Abolition of Forced Labor,both under the purview of the 13th Amendmeni, Ths Slavery Convention was ratified in 1967, and theConvention on the Political Rights of Women in 1976. No action has been taken on the ILOConvention.

The Secunty Assistance Act of 1976 requires annual reporting on observance of human rights inevery country receiving U:.; security assistance. The first report issued in 1977 showed most of the 82countries listed as violators of humatinghts. Cuts in security assistance, however, were proposed foronly three countries, Argentina, Uruguay and Ethiopia. For political and security reasons, there wereno requests for others sucn as Brazil, South Korea and the Philippines.

In addition, several attempts have been made to add human rights criteria to loans made byinternational financial institutions (IF1s) such as the World Bank. Those conditions are stronglyopposed by World Bank President.. Robert McNamara who maintains they would destroy thetraditionally non-politica! character of international development agencies.

The Helsinki agreement, scheduled for review tnJune 1977, is not being dealt with in the UN, but ithas been discussed as a possible precedent for future regional agreements on human rights

April 1977

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APPENDIX B