Basic human rights are universal and integral to human existence and the human experience. They relate to both material concerns such as food, clothing and shelter, and non-material concerns such as dignity, respect and affection. Whether it is denial of economic rights, repression of religious and ethnic identity, or the socio-political exclusion of minority groups, a sustained denial of human rights is a structural cause of all high intensity conflicts. Accordingly, in order to prevent conflicts from happening in the first place, or while resolving the conflict, it is necessary to place human rights or a ‘rights based approach’ up front and centre.
Human rights violations are among the first warning signs of a looming conflict; they may be part of a conflict’s root causes and they are almost invariably a feature of the conflict as such. Preventive diplomacy, conflict resolution and peace-building efforts are, therefore, inextricably linked with human rights. History has consistently shown that whenever and wherever human rights are disregarded, societies, countries or regions are unlikely to remain stable.
To build sustainable peace, human rights must be respected and must provide the basic infrastructure for society. A culture of human rights at grassroots level has an important role in managing diversity, enhancing tolerance and providing a basis for people-centred development. It creates an environment conducive for the peaceful resolution of conflicts among peoples and nations. In addition, a human rights approach is important in reinforcing the notion that State sovereignty carries with it a responsibility to protect the civilians within its borders.
The principles of human rights are incorporated into many international agreements including the Universal Declaration of Human Rights. Human rights also feature prominently in the UN Charter. Even in the UN Security Council, where human rights were originally seen as being largely outside its scope and where human rights were seldom mentioned, a realisation of their importance has slowly but surely gained traction.
Although the modern notion of human rights was developed and articulated within a Western context, many of the central ideas such as human dignity, respect for and protection of human life, property and identity, among others, are shared by Islamic precepts and traditions. The revised OIC Charter, the establishment of its Independent Permanent Human Rights Commission and the adoption of its Ten Year Programme of Action 2025, reflects a progressive embrace of common human rights principles, embedded in the universal human rights treaties, Islamic precepts and a commitment to peace.
While there is growing understanding that respect for human rights is central to stable and just societies, putting this principle into practice remains elusive for varying reasons.
States continue to grapple with the dichotomy between how to reconcile the principles of sovereignty and non-interference in internal affairs with the need for judicious handling of a human rights situation that may threaten international peace and security or lead to serious crimes such as genocide, ethnic cleansing or crimes against humanity.
In most UN reports addressing this subject, the importance of early international engagement in emerging conflicts, rather than reacting to those conflicts, has been emphasised. Similar reports have also stressed the importance of creating early warning mechanisms to receive frank and timely information and assessments of situations, including with regard to emerging patterns of human rights violations.
Admittedly, human rights efforts in the area of conflict resolution should not be limited to ‘naming and shaming’ the violators or promoting international condemnation of responsible States and/or individuals. A comprehensive human rights approach must rather include efforts to leverage dialogue, engagement, and diplomatic negotiation – steps that take into account local contexts. As well as promoting societal reconciliation, such an approach must also promote a long-term perspective centred on securing a sustained improvement in the enjoyment of human rights. To this end, there is a need to define norms that would help integrate human rights into effective conflict prevention and resolution strategies.
Flexibility and creativity are key to finding ways to address human rights challenges. All organisations and bodies that are interested in carrying out this mandate must adopt this approach. In this regard, Chapter VI of the UN Charter provides a range of options for the peaceful settlement of disputes. The Human Rights Council is also beginning to grapple with how to best leverage the international human rights system to prevent conflicts and crises through ‘dialogue and cooperation,’ in line with General Assembly resolution 60/251.
In order to build upon these firm foundations, the OIC should promote grassroots policies to strengthen the infrastructure of peace in Muslim societies through organic mechanisms/processes. This effort should include, as a central tenet, the promotion of human rights education at all levels, and support for NHRIs and civil society organisations in promoting and protecting human rights at grassroots levels.
This will not be easy, but a little investment in human rights today can pay enormous dividends, in terms of peace and stability, in the future.
Marghoob Butt is the Executive Director of the OIC Independent Permanent Human Rights Commission. He is a diplomat by profession, with over 20 years experience in multilateral diplomacy, covering human rights, humanitarian, and peace and security issues.
Feature photo: Scenes from Life in Gao, Mali, School children in a classroom in Gao, Mali. UN Photo/Marco Dormino licensed under CC BY-NC-ND 2.0.
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