Human Rights and Human Security: A Pragmatic and Independent Relationship

“Injustice anywhere is a threat to justice everywhere.”

— Martin Luther King Jr.

The concept of human security is understood as a new concept which was created in the UNDP Development Report by Mahbub-ul-Haq in 1994. This concept has been used by Canada to formulate its foreign policy priority.¹ There is a pragmatic link between human security and International human rights law, which is understood as the freedom of fear and freedom from want. This link is important in order to consider whether human rights define human security.² This analysis would require firstly the understanding on what human rights and human security are, secondly, whether the human security is a human right itself, thirdly, whether human rights are the foundation of human security and finally, the relationship between human security and human rights.

HUMAN RIGHTS AND HUMAN SECURITY

Human rights are regarded as interests which are protected by law but human security is a secured feeling or condition of individuals which could be regarded as being a broader concept. Human rights are fundamental being of absolute need or basic capabilities while, human security would include threats which human rights are not generally concerned such as natural disasters and would also extend to threats from both State and non-State actors. However, the threats to human security as provided in many definitions can be seen as human rights violations which is universally accepted as civil, political, economic, social and cultural rights. Human security in the world generally is inter alia in respect of food, shelter, education and health which have been already formulated as human rights decades ago.

Human security helps to solve issues between different generations of human rights and extends the human rights debate to include concept such as humanitarian intervention as serious human right violation and the use of force of non-state actors as being a threat to human security. So if human security is given importance than national security, human security would not be easily derogated as it not only includes threats by State parties but also non-State actors, natural disasters, cultural and structural violence. Human rights raises a question as why violation by private parties and non-State parties should not be regarded as human right violations?³

Universal Declaration of Human Rights (UDHR) was a major instrument which provided for basic rights such as food, education, health, rule of law, freedom from torture and cruel punishment. These provisions were later reformulated in subsequent conventions and treaties which simply requires respect, protection and assurance if the individual is to be secured and for their development and to be in liberty.

It has to be also noted that a main aim of the United Nations Charter is that the Security Council would act for the maintenance of International security and peace at the same time it would act for the promotion and development and for the universal realization of human rights.

IMPORTANCE OF HUMAN RIGHT AND HUMAN SECURITY

The importance of human rights and human security for the development of Organization was emphasized by the Secretary General Kofi Annan⁴ where he highlighted that the United Nations must place people at the center of everything it does in order to meet their needs and realize their full potential. He also pointed at four burning issues as threatening human security, he cited extreme poverty, Aids/HIV, deadly conflict and political violence. He also emphasized that the thread that connects to solve these issues is the respect for human rights and the fundamental freedoms which would be the bridge to attain lasting peace and for human security.⁵

It is reported in the Human Development Report⁶ that the most important aspect of human security is that an individual should be able to live in a society which respects and honors his basic or the fundamental human rights.⁷

HUMAN RIGHT AND HUMAN SECURITY A PRAGMATIC LINK

The target of both human rights and human security is the individual. Here the common feature is that the individual human is made the center. Nevertheless, human rights are regarded as being universal, the question is whether the human security is universal as well?

As already emphasized human rights are concerned with the security of the individual, here security is a human right itself as provided in Article 3 of UDHR, where it provides that everyone has the right to life, liberty and security of person. Here the term "security" is inter-linked to three different rights.⁷ This Article is often read with Article 5⁸ and Article 9⁹ of UDHR. So the term security here is generally seen as obligation of State to not interfere with the integrity of individual. It may be argued that the drafters had a broader meaning to the term "Security" however, this is not understood in a broader sense to reflect "freedom from fear".¹⁰ On the other hand, Social security being a human right under Article 22¹¹ and Article 25¹³ of the UDHR further Article 9¹² of the Covenant on Economic, Social and Cultural Rights (ECSR) all provides provisions for social security. Though social security is a part of human security it cannot be regarded as human security itself.¹⁵

Considering the provisions in respect of international security, Article 28 of UDHR provides that everyone has the right to social and international legal order where the rights and freedoms provided under the declaration can be fully recognized which also realizes the personal security provided under Article 3 of UDHR this is an indication that the human rights regime could embrace a broader concept of security by its application to the States and individuals.

Therefore, all three aspects personal security, social security and international security together is a strong evidence that human security is approached through a human rights perspective and the human security concept is rooted in the international human rights regime.¹³

Though, it is clear that human rights approach could lead to human security, on the other hand human security is also concerned with issues which are not in the purview of human rights as recognized by the international instruments. On the contrary, we may say that human beings are more often concerned with the security in respect of their personal and social life such as their protection of privacy, poverty, health, job security, liberty and etc.…¹⁴ It is also notable that the human rights regime since the enactment of the Bill of rights to date acts as a solution to the human insecurities.

It is also recognized by the international law that the human rights are universal, interrelated, interdependent and indivisible therefore, it is not possible to enjoy one set of rights without the enjoyment of another¹⁵. This inter-connectedness characteristic of human rights is assumed to be a solution to the human insecurities. So it is important to realize both sets of rights and give equal importance for the realization of freedom from want and freedom from fear. In observing the rights recognized in the Sri Lankan Constitution¹⁶ it is clear that Chapter III provides a wide range of civil and political rights, however, few economic rights are recognized under Chapter VI under State responsibility and such are unjustifiable, which means that there is instability in human security which may give rise to threats to freedom from want as in the present situation Sri Lanka is facing severe economic instability which has also lead to freedom from fear which is a clear example of interconnectedness and indivisibility. Despite clear recognition of civil and political rights Sri Lanka still faces freedom from fear due to illegal arrests and detention which is popularly through the Prevention of Terrorism Act, the exact reason behind this is that rights should not only be realized but also respected and protected.

So considering the interplay between both the human rights and human security it is of utmost importance that the recognized rights be respected and protected. Further the rights are not policy choices for the States to pick and choose which rights to protect and which not and States cannot use security threats as excuses to infringe certain rights.¹⁷ For example: - Sri Lanka uses emergency regulation to suspend certain human rights. However even in state of emergency some rights could be suspended but certain rights are non-derogable such as the right to torture.

THE POSSIBLE ISSUES OF HUMAN RIGHTS AND HUMAN SECURITY IN FUTURE

POVERTY AND DEVELOPMENT

There is an interplay between elimination of poverty and development.¹⁸ To free humanity from want a national and global environment has to be created to support elimination of poverty and promote development.¹⁹ Relating this to Sri Lanka we are in a severe economic downfall with high inflation rate, unemployment rate and poverty. Accordingly, the people would face insecurities. The UDHR provides guidelines for the eradication of poverty which is through collective action. Here to achieve development and elimination of poverty good governance is extremely necessary. Further, democracy, rule of law, equality and non-discrimination and implementation and fulfillment of basic human rights are fundamental. So the State should be concerned in identifying the needs and responding to it tangibly by promoting policies and strategies.²⁰

SECURITY RELATED CHALLENGES

In future we will have to face conflicts stemming from ideology and ethnicity. The main reason could be because the law does not give equitable and decent chances to groups within a society.²¹ The best strategy for prevention is respecting and protecting human rights and promoting it which could lessen the risks of conflicts.²² Terrorism and conflicts should be condemned, however on fight against it the basic human right should at all times be protected²⁶

PEACE-MAKING

Peace making strategies would differ based on each situation. However, it is fair to state that the strategies for peace making, peace-keeping and peace building without the promotion and protection of human rights is unlikely to last. In history peace making has been based on human rights foundation as in the case of former Yugoslavia and Combodia so based on this experience practical human rights tools should be used to build peace.²³

CHALLENGES TO MINDSET

In determining the challenges to mindset, it is the way the people think about another, their tolerance, cultural diversity, and respect and consumption habit. Therefore, it is important to understand and make people understand the values prescribed in the UDHR which provides for freedoms, dignity, equality and inherent human rights. So it is the duty of the State and International organization to protect and promote these values to change the mindset of the people which are contrary to these beliefs.²⁸

In that respect democracy, rule of law and human rights are important not only because of the great values they possess but because they are important in the prevention of conflicts eradication of poverty, for the development and peace at present and future.²⁴ The Secretary General Kofi Annan in his report on "Strengthening of the United Nations" called the Organizations and Agencies to request the member States to strengthen their domestic human rights protection system as that could be a challenge in future. He further stated that building a strong system will only ensure the strong protection of human rights

In analyzing the linkage of security and human rights the Ivory Coast case is an important example. Though the Country was stable, prosperous, with highly educated class they found with mutiny and led to a conflict. This shows that human, right, human security, democracy and also confidence in military is essential for prevention of conflicts. Relative examples are Serbia and Montenegro where there is experienced reduction of forces.²⁵

INTER-PLAY OF HUMAN SECURITY AND HUMAN RIGHT

So far the narrow concept of human security was analyzed. As mentioned earlier there is a broad concept of human security which identifies new threats and insecurities to human. But, in practice the broader view of human security identifies and extends the narrow view of human security threats which have already been covered and protected through norms and practices of human rights.²⁶ In contrast new threats and new mechanism to resolve it should be identified and the framework of human rights should be enhanced. Subsequently, it is crucial that human rights are respected, protected and promoted for the achievement of human security.

CONCLUSION

In summary, there are many practical areas to show the link between human security and human rights. Though there is a clear link between the two, international human rights does not offer a clear perspective on security. Security is of many forms personal, social, national and international. Here Security of individual is of utmost importance and is necessary to be recognized as a different concept by evaluating its weakness and strength. It is also important to say that human security complements and not compete with human rights. Here human security transfers human rights obligation into policies and strategies in achieving human security so States are obliged to respect, protect and promote human rights. The narrow view of human security is concerned with threats that are already covered by norms and standards of human rights. So concerns should be given to a broader human security view so as to identify new threats and new mechanisms and enhance the human rights framework in its protection. Therefore, the broader view does more than complementing human rights, it provides a new framework to help States and Organization to take new actions to face the threats. Still it is necessary to bring the centrality of respect to human rights in achieving human security.

FOOTNOTES

¹ Gerd Oberleitner [2002], "Human Security and Human Rights" European Training and Research center for Human Rights and Democracy, Occasional Paper Series Issue No. 8 June 2002 Austria, P 1.

² Bertrand Ramcharan, "Security and Human rights" [Online] Available from: - https://www.un.org/ruleoflaw/files/Ramcharan.pdf accessed on 10 July 2022.

³ Gerd Oberleitner (n. 1).

⁴ It was in his address to world leaders at the General Assembly on 10 November 2001.

⁵ Bertrand Ramcharan, "Human Rights and Human Security" [Online] Available From: - https://www.academia.edu/77523461/Human_rights_and_human_security accessed on 10 July 2022.

⁶ United Nations Development Programme [UNDP] in Human Development Report 1994.

⁷ Rhoda E. Howard-Hassmann [2012], "Human Security: Undermining Human Rights?" Human Rights Quarterly, Vol 34, the Johns Hopkins University Press. PP 99 – 100.

⁷ Here the term "Security" is linked to right to life, personal freedom and personal security which are inter-linked rights.

⁸ Article 5 of UDHR provides for the freedom of torture.

⁹ Article 9 of UDHR provides for the freedom from arbitrary arrest or detention.

¹⁰ Gerd Oberleitner (n. 1).

¹¹ Article 22 UDHR - Everyone, as a member of society, has the right to social security.

¹³ Article 25 UDHR - Everyone has the right ……… to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

¹² Article 9 of ESCR - right of everyone to social security, including social insurance

¹⁵ Gerd Oberleitner (n. 1). P17.

¹³ Gerd Oberleitner (n. 1). PP 17 & 18.

¹⁴ Shahrbanou Tadjbakhsh & Anuradha M. Chenoy, "Human Security: Concepts and Implication" (Routledge, London, 2007). P24.

¹⁵ U.N. Doc. A/CONF.157/23 [1993], Vienna Declaration and Programme of Action adopted 25.06.1993, U.N. GAOR, World Conf. on Human Rights.

¹⁶ The Constitution of the Democratic Socialist Republic of Sri Lanka 1978 as amended.

¹⁷ Rhoda E. Howard-Hassmann (n.7).

¹⁸ David Chandler & Nik Hynek, "Critical Perspectives on Human Security: Rethinking, Emancipation and Power in International Relations", (Routledge, Oxon, 2011).

¹⁹ S. Neil MacFarlane & Yuen Foong Khong, "Human Security and the UN: A critical History", (Indiana University Press, Bloomington, 2006). P149.

²⁰ Bertrand Ramcharan (n.5).

²¹ Christophe Paulussen & Martin Scheinin, "Human Dignity and Human Security in times of Terrorism", (T.M.C Asser Press, Berlin, 2020), PP 4-6.

²² Andrej Zwitter, "Human Security, Law and the Prevention of Terrorism", (Routledge, 2011).

²⁶ Ibid.

²³ Ibid.

²⁸ Ibid.

²⁴ Alice Edward & Carla Ferstman, "Human Security and Non- Citizens", (Cambridge University Press, New York, 2010). P4.

²⁵ Bertrand Ramcharan (n.2).

²⁶ Rhoda E. Howard-Hassmann (n.7).

BIBLIOGRAPHY

PRIMARY SOURCES

STATUTES AND TREATIES

1. Bill of Rights
2. Constitution of the Democratic Socialist Republic of Sri Lanka 1978
3. Universal Declaration of Human Rights
4. Vienna Declaration

SECONDARY SOURCES

REPORTS

1. Human Development Report 1994
2. U.N. Doc. A/CONF.157/23 [1993], Vienna Declaration and Programme of Action adopted 25.06.1993, U.N. GAOR, World Conf. on Human Rights.

BOOKS

1. Chandler David & Hynek Nik, "Critical Perspectives on Human Security: Rethinking, Emancipation and Power in International Relations", (Routledge, Oxon, 2011).
2. Edward Alice & Ferstman Carla, "Human Security and Non- Citizens", (Cambridge University Press, New York, 2010). P4.
3. MacFarlane S. Neil & Foong Khong Yuen, "Human Security and the UN: A critical History", (Indiana University Press, Bloomington, 2006). P149.
4. Paulussen Christophe & Scheinin Martin, "Human Dignity and Human Security in times of Terrorism", (T.M.C Asser Press, Berlin, 2020), PP 4-6.
5. Tadjbakhsh Shahrbanou & Chenoy Anuradha M, "Human Security: Concepts and Implication" (Routledge, London, 2007). P24.
6. Zwitter Andrej, "Human Security, Law and the Prevention of Terrorism", (Routledge, 2011).

JOURNAL ARTICLES

1. Bertrand Ramcharan, "Human Rights and Human Security" [Online] Available From: - https://www.academia.edu/77523461/Human_rights_and_human_security accessed on 10 July 2022.
2. Bertrand Ramcharan, "Security and Human rights" [Online] Available from: - https://www.un.org/ruleoflaw/files/Ramcharan.pdf accessed on 10 July 2022.
3. Gerd Oberleitner [2002], "Human Security and Human Rights" European Training and Research center for Human Rights and Democracy, Occasional Paper Series Issue No. 8 June 2002 Austria, P 1.
4. Rhoda E. Howard-Hassmann [2012], "Human Security: Undermining Human Rights?" Human Rights Quarterly, Vol 34, the Johns Hopkins University Press. PP 99 – 100.