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  • Abdullahi Ahmed An-Naim

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    Abdullahi Ahmed an-Naim

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    25 Ansichten27 Seiten

    Abdullahi Ahmed An-Naim

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    Fritz Frances Danielle
    asdfghjk

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    Human Rights in Cross-Cultural Perspectives A Quest for Consensus Edited by Abdullahi Ahmed An-Na‘im “i University of Pennsylvania Press Philedephin University of Pennsylvania Press PENNSYLVANIA STUDIES IN HUMAN RIGHTS. Bert B. Lecwood, Jr, Series Editor Professor and Director, Urban Morgan Institute for Human Rights, University of Cincinnati College of Law Advisory Board Marjorie Agosin Philip Alston Kevin Boyle Richard P. Claude David Weissbrode lan Guest. Behind the Disappearance: Argentina’ Dirty War Againat Honan Rights and the United Nations. 1990. ‘Thomas B.Jabine and Richard P. Claude, editors. Human Right: and Stave: Geting the Record Straight. 1991 Abdullahi Ahmed An-Na‘im, editor. Hiaman Right in Cres-Culrurat Perspectives: A Qust for Consensus 991. Abdullahi Ahmed An-Na‘im' 1. Toward a Cross-Cultural Approach to Defining International Standards of Human Rights ‘The Meaning of Cruel, Inhuman, or Degrading Treatment or Punishment An ineligent strategy to protect and promote human rights must adress the underlying causes of violations of these rights. These violations are cattsed by a wide and complex variety of factors and forces, including eco- ‘nomic conditions, structural social factors, and political expediency. For the most part however, human rights violations are duc to human action fr inaction—they occur because individual persons act or fail to act in certain ways. They can be the overlapping and interacting, intended or ‘unintended, consequences of action. People may be driven by selfish mo- fives of greed for wealth and power, or by a misguided perception of the public good. Even when motivated by selfish ends, human rights violators rhormlly scck o rationalize thei behavior as consistent with, or conducive +o, some morally sanctioned purpose. Although.their bid to gain or main- tain public support may be purely cynical, such an attempe is unlikely tunkss they have reason to believe that their claim of moral sanction is plausible to their constituency. Tt is not possible inthis limited space to discuss the multicude of factors and forces that contribute to the underlying causes of human rights violations in general. 1 maintain that the lack or insuffcieney of culrural legizimacy of human rights standards is one ofthe main underlying causes of violations of those standards. In this chapter, {argue that internal and cross-cultural legitimacy for human rights standards needs to be devel: ‘oped, while I advance some tentative ideas to implement this approach, ‘The focus of my supporting examples will be te right not robe subjected to cruel, inhuman, or degrading treatment or punishment, Insiders may 20. Abdullahi A. An-Natim, perecive certain types of punishment, for example, as ditated or at last sanctioned by the noms of a particular cultural tradition, whereas to ‘outsiders to thar culture, such measures constitute crucl, inhuman, or degrading treatment. Which position should be taken as setting the stan- dard for this human righe? How ean the cooperation ofthe proponents ‘of the counter-positon be secured in implementing the chosen standards? ‘My thesis does not assume that all individuals or groups within a society hold identical views on the meaning and implications of cultural ‘ales and norms, or tha they would dherefore share the same evaltation Of the legitimacy of human rights standards. On the contrary, I assume and rely on the fact that there are either actual or potential differences in perceptions and interpretations of cultural values and norms, Dominant {groups or classes within a society normally maintain perceptions al in- terpretations of cultural values and norms that are supportive of cir own inecrests, proclaiming chem to be the only valid view of that culture. Dominated groups or classes may hold, or atleast be open to, different perceptions and interpretations tha ar helpfl to their struggle to achieve justice for themselves. This, however, isan internal struggle for control ‘over the cultural sources and symbols of power within that society. Even ‘though outsiders may sympathize with and wish to support the dominated and oppressed groups or classes, their claiming to know what is the valid view ofthe culture ofthat sociery will not accomplish this effectively, Such «claim would not help the groups the outsiders wish to support because it portrays them as agents of an alien culture, thereby fustating their ‘efforts to attain legitimacy for ther view of the values and norms oftheir society (Cross-Cultural Perspectives on Human Rights “The general thesis of my approach is that, since people are more likly 0 ‘observe normative propositions if they believe them to be sanctioned by their own cultural traditions, observance of human rights standards can be improved through the enhancement of the cultural legitimacy of those standar.? The claim that all the existing human rights standards alccaly enjoy universal culeural legitimacy may be weak from historical point of view in the sense that many culrural traditions in the work! have had litle say in the formulation of those standards. Nevertheless, {believe not only “Toward a Cross-Cultural Approach 2 ‘that universal cultural legitimacy is nccessay, but also tha it is possible ro develop it retrospectively in relation to fundamental human rights through, ‘enlightened interpretations of cultural norms ‘Given the extreme cultural diversity of the world community, ie can be argued thar human rights should be founded on the existing ksst com ‘mon denominator among these cultural traditions. On the oxher hand, restricting international human rights to those acepted by prevailing per ceptions of the valves and norms of the major cultural rations of the world would nor only limit these rights and reduce their scope, but also exclude extremely vil rights. Therefore, expanding the area and quslty of agreenicnt among the cultural traditions ofthe world may be necessary to provide the foundation forthe widest possible range and scope of hu sman rights. 1 believe tha this can ¢ accomplished through the proposed ‘The cultural legitimacy thesis accepts the existing intemational stan- dards while seeking to enhance their cultural legitimacy within the msjor traditions ofthe world through internal dialogue andl struggle to esa enlightened perceptions and interpretations of cultural values and norms. Having achieved an adequate level of legitimacy within each tradition, through this internal stage, human rights scholars and advocates should work for cras-cnltral legitimacy, so that peoples of diverse culrural tradi tions can agree on the meaning, scope, and methods of implementing, these rights. Instead of being content with the existing least common de: ‘nominator, I propose to broaden and deepen universal consensus on the formulation and implementation of human rights through interal rc terpretation of, and cross-cultural dialogue about, the meaning and imp cations of basic human values and norms. "This approach is based on the belief that, despite their apparent peculiarities and diversity, human beings and societies share certain fandamental interests, concerns, qh and values that can be identified and articulated as the framework for a common “culture” of “universal human rights. I would be premature in this exploratory essay to attempt to identify and articulate these interests, concerns, and £0 0n, with certainty. Major theoretical and methodological issues must first bedi cussed and resolved so thatthe common culture of universal human rights _may be founded on solid conceptual and empirical grounds. At Tam concerned with making the cate for internal course on the subject, raising some of the questions and difficulties that 22 Abdullahi A, An-Natim must be faced and gencrally describing the process that should be under: taken. Neither concrete results nor guarantees of suecest can be offered here, only a promising approach to resolving a real and serious iss. ‘Concern with the implications of cultural diversity has been present since the earliest stages of the modern international human rights moe- ment. In 1947, UNESCO carried out an inquiry int the theoretical prob: Jems raised by the Universal Declaration of Human Rights. This was accomplished by inviting the views of various thinkers and writers from member states? and organizing subsequent conferences and seminars on this theme. Other organizations have alo taken the initiative in drawing artention to the dangers of ethnocentricity and the need for sensitivity 00 cultural diversity in the drafting of international human rights instr ‘ments Individual authors, too, have addressed these concerns. ‘My approach draws upon these eatlir efforts and supplements them with insights from non-Western perspectives. Some Western writers have highlighted conflices berween international human rights standards ancl certain non-Western cultural traditions, without suggesting ways of rec lonciling them. Despite their clims or wishes to present a cross-cultural approach, other Western writes have tended to confine their analysis to Western perspectives. For example, one author emphasics the challenge of culeual diversity, saying cha it would “be useful to try to rethink the normative foundations of human rights and consider which rights have the strongest normative support."* Yer, the philosophical perspectives he actually covers in his discussion are exclusively Western. Another author calls for taking cultural diversity seriously, yet presents arguments based ‘exclusively on Westen philosophy and politial theory.? Alison Rentela is one of the few human rights scholars sensitive wo issues of cultural legitimacy. She suggests a cross-culural understanding that will shed light on a common core of acceptable rights." Her ap: [proach seems to be content with the existing least common denominator, hhowever, a standard I find inadequate to assure sufficient human rights throughout the world, In my view, a constructive clement is necded to broaden and deepen cross-cultural consensus on 3 “common core of hu ‘man rights.” believe tha this can be accomplished through the interal discourse and cross-cultural dialogue advocated here. (CutrunaL Retariviry AND HUMAN RIGHTS: CClture is defined in a varity of ways in different contexts A wide aay of definitions is available inthe socal sciences. In this chapter, culture is ‘Toward a Cross-Cultural Approach 23 taken in its widest meaning—that of the “totality of values, institutions and firms of behavior transmitted within a socicty, a well a the material goods produced by man [and woman}... this wide concept of culture covers Weltanschauung |workd view], ideologies and cognitive behay- ior.** Tecan also be defined as “an historically transmitted pattern of ‘icanings in symbols, a system of inherited conceptions expressed in sm bolic form by means of which men Jand women] communicate, perpetu ate and develop their knowledge and attitudes towards life." Culture i therefore the source of the individual and communal work ‘with the values ctest ro be pursued in life, as well as the legitimate means for Pursuing them. Ie stipulates the norm and vahies that contribute to peo- Pl’ perception of their self interest and the goals and methods of indi- Vidal and collective struggles for power within a society and between societies. As such, culture isa primary force in the socialization of indivi uals and a major determinant of the consciousness and experience of the ‘community. The impact of culture on human behavior i ten underest mated precisely because it sso powerful and deeply embeded in ourself: identity and consciousness. (Our culture is so much a part of ou personality that we normally ‘ake for granted that our behavior patterns and relationships to other per sons and to sociery Become the ideal norm. The subtlety of the impact of culture on personality and character may be explained by the analogy of the eye: we tend to rake the world to be what our eyes convey tos with- i “secing” the eye and appreciating its role.” In tis ease, the informa- conveyed by the eye is filtered and interpreted by the mind without individual's conscious awareness ofthis fact. Culture influences, first, the way we see the world and, further, how we interpret and react tothe information we receive, ‘This analogy may also explain our ethnoventrcity the tendency to regard one's own race or social group atthe model of human experience thnocentricity does not mean there is no conflict and tension between 3 person and his or her own culture, or between various classes andl groups within a society. Ie rather incorporates {deal mode, leading vs to perceive the conflce and tension we have within ‘our own culture as part of the norm. For example, some Feminists in one cultural tradition may assume that women in other cultures have (or ought tohave) the same conflicts and tensions with thie societies and are secking. (or ought to sec) the same answers, 24 Abdullahi A. An-Na‘im, A degree of ethnocentricty is avoidable, indeed indispensable. Ie ia the basis of our acceptance ofthe validity of the norms and institutions of our culture, an acceprance that ultimately i a matese of material ant psychological survival." Even the most radial “dissents” rely on their culture for survival. In fcr, their dissent itself is meaningful to them only a8 the antithesis of existing cultural norms and institutions. Rigid «thn

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