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NEWS maltatoday | WEDNESDAY • 19 DECEMBER 2018 8 ACCORDING to Amnesty In- ternational, human rights con- tinue to deteriorate. CIVICUS – an umbrella body for a global alliance of civil society organi- sations – observes that the civil society space is shrinking. Hu- man rights activists and social justice movements face an up- hill battle. Seventy years ago, the then 58 members of the United Na- tions (UN) adopted its first two fundamental frameworks at the General Assembly in Paris: the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948; and the Universal Decla- ration of Human Rights on 10 December. Nowadays, this achievement is recognised as Human Rights Day. In a few countries, among them South Africa, Namibia and Cambodia, it's celebrated at some point during the year as a public holiday. Often, the Universal Declara- tion is criticised as an attempt to establish Western values to maintain a global dominance. Its eight main drafters came from Australia, Chile, China, France, Lebanon, the Soviet Un- ion, Great Britain and the US. Article 1 starts with the words: All human beings are born free and equal in dignity and human rights. Critics have questioned the relevance of these frameworks. But the Universal Declaration in combination with the Charter of the United Nations served as a relevant compass in the cam- paigns for decolonisation dur- ing the 1950s. But, as a detailed historical study by Roland Burke documents, once in power an- ti-colonial movements often turned their backs on the very same rights they used for the mobilisation and recognition of their struggle. So where is the world 70 years on? The second Secretary-General of the UN Dag Hammarskjöld popularised the saying: the UN was not created to bring us to heaven, but in order to save us from hell. Sadly for many people life on earth has remained close to hell. But their numbers would not be less without the UN frame- works. Numerous human rights principles adopted during the last 70 years might not have the effects we would like to see. But they have not been in vain. Setbacks The anchoring of genocide and crimes against human- ity as part of international law after the Nuremberg trials has been brilliantly documented by historian and author Phil- lippe Sands. But institutional- ised prosecution only followed the adoption of the Rome Statute in 1998 and the estab- lishment of the International Criminal Court in 2002. Even so, most war crimes remained outside the Court's jurisdic- tion because big powers such as China, Russia and the US, as well as a host of other states, refused to ratify it. The Court has suffered other setbacks too. A number of Afri- can states have withdrawn from it on the grounds that they feel the continent is being selec- tively targeted. This despite ur- gent pleas by civil society not to evade accountability but rather to influence international law. Other areas of progress have similarly been marred by set- backs. This has been mainly due to the fact that human rights issues in the global governance sphere are often the victim of strategic or opportunistic mo- tives and reasoning. Selective application These contradictions are mir- rored in the composition and voting patterns of the UN Hu- man Rights Council (UNHCR). Established in 2006, its 47 mem- bers proportionally represent the world regions. They are elected for a three-year period by the UN General Assembly. The Obama administration joined the UNHRC in 2009. In mid-2018 the Trump adminis- tration declared the US's with- drawal. Other countries have fewer problems with the Council. In October 2018, 18 newly-elect- ed members for 2019 included Bahrain, Cameroon, Eritrea, and the Philippines. Among the current members are China, the Democratic Republic of Congo, Saudi Arabia and the United Arab Emirates. Governments are guided by a preference to act within a collective alliance. The issue of LGBTI rights is an example of block voting. In mid-2016 Muslim and African countries – with only one exception – voted against, or abstained from supporting, a resolution on the protection against vio- lence and discrimination based on sexual orientation and gen- der identity. But this didn't prevent the adoption of a pioneering rec- ognition and obligation for the protection of these communi- ties. There are other successes. They suggest that the role of the UNHRC – and of human rights campaigns – is anything but ob- solete. Take the investigations on behalf of the UNHRC that resulted in a report document- ing the violence unleashed in Myanmar by the military against the Rohingya. It also implicated the Nobel Peace Laureate Aung San Suu Kyi and culminated in the outgoing UNHRC chief de- manding her resignation. Her extraordinary fall from grace shows that moral-political pos- tulates do matter, and have con- sequences when being ignored. Despite such occasional suc- cesses failures to live up to the standards codified (and ratified) continue to characterise the track record in global govern- ance. More often the abuse of human rights remains without such condemnation. The struggle continues The dilemma is structurally embedded. Asymmetric power structures in global governance have not been solved. The most influential states control deci- sion making in the UN Security Council. With their veto power they remain gatekeepers and put their own interests over those of humanity. As a result, the conventions are still selectively applied. Dou- ble standards by those who close eyes and ears if it suits their eco- nomic and geostrategic interests remain firmly in place. The bar- baric assassination of the jour- nalist Jamal Khashoggi – and US President Donald Trump's response – is a sobering re- minder. Nevertheless, the frameworks have introduced reference points against which such hy- pocrisy can be measured, named and shamed. Without such conventions, campaigns – and campaigners – would have been even less successful. Despite all shortcomings and flaws, the world would not be a better place without the UN and its accepted (though not prac- tised by many) minimum stand- ards of good governance. Human Rights Day might not be a reason for celebrations. But it is a helpful reminder that a great deal is already anchored in frameworks that recognise hu- man dignity and well-being. We have to live up to it – and continue to fight for them. theconversation.com Henning Melber Henning Melber is an Extraordinary Professor within the Department of Political Sciences at the University of Pretoria Human rights 70 years on: important victories as well as major misses Double standards by those who close eyes and ears if it suits their economic and geostrategic interests remain firmly in place