THE ESSENTIAL DOCUMENT

Everyone who ponders the Universal Declaration of Human Rights inevitably will give particular attention to those Articles that pertain to circumstances with which he or she is personally involved. For me as a writer, Article 19—Freedom of Expression — has a special significance. But this is not a professional privilege that seeks exclusive protection: literature is one of the most enduring means by which ideas cross frontiers and become universal, but freedom of expression, to impart and receive information ‘through any media’, is the first condition of freedom in civilised governance. Suppression by censorship, banning, imprisonment, and even edicts of death continue to exist in many countries, imposed by both secular and religious authorities. Article 19 established these means as a primary contravention of everyone’s birthright to read, to listen, to regard, and speak out.

Article 26 is fundamental to Article 19: its Clauses 1 and 2 declare: ‘Everyone has the right to education’, ‘Education shall be directed to the full development of the human personality’. Freedom of expression is an empty phrase unless education equips every individual with freedom of the word, the ability to read and write. Although the right to literacy surely is implied in Article 26, it is not specifically named. I believe it ought to be. This Article brings the hope of justice to the millions excluded — by ignorance which is no fault of their own — from participation and benefit in the making of our world.

For me, the most important Article of the Universal Declaration of Human Rights has no number, is not an Article at all. It is a paragraph of the Preamble. ‘Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.’ (My italics).

I have lived through a time in my own country, South Africa, when this ‘last resort’ compelled the majority of the people to turn to rebellion, first in the form of civil disobedience and passive resistance and finally in the form of armed struggle, against tyranny and oppression that denied them human rights. I have seen how to be compelled to take this last resort not only brings tragic self-sacrifice and suffering to those who assume the burden, even though freedom is finally achieved as a result, but has long-term consequences which threaten the democracy so attained.

When people are deprived over years of any recourse to the provisions of civil society as a means of seeking redress for their material and spiritual deprivations, they lose the faculty of using the law when, at last, such recourse is open to them. The result of this conditioning now is fashionably called ‘the culture of violence’; an oxymoron, for culture implies enlightenment, to aim towards attaining the fullness of life, not its destruction.

The tactics of a desperate liberation struggle are all that many people know how to employ. In my country, students dissatisfied with the performance of their teachers retaliate by destroying the equipment of their own schools. Taxi-bus owners, in dispute over transport routes each considers his exclusively, attack one another at gunpoint. Workers forcibly occupy managers’ offices and destroy plants as protest against unsatisfactory working conditions and low pay. It takes time and education in, understanding of, the protection of human rights, for a formerly oppressed people to learn to use this protection through the means provided, in civil societies, by the law. Students had no structures to deal with their grievances, before. The means of settling disputes by forming a code for the transport industry was not open to, offered no peaceful resolution to those who had no civil rights of any kind. The denial of the right to form trade unions, over many years, meant that workers’ violent reactions to their problems were the only ones that brought results in the political liberation struggle. The paths by which people have the right to be protected by the rule of law, not persecuted by its wrongful application, have to be learned. It is in this that the Universal Declaration of Human Rights is and shall remain the essential document, the touchstone, the creed of humanity that surely sums up all other creeds directing human behavior if we are to occupy this world together now and in the twenty-first century.

1997

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