DIVINER, A Research Journal of Humanities and Social Sciences, vol.

4,
No 2, July 2007

GLOBALISATION AND HUMAN RIGHTS:

Emerging Trends in the New Millennium

Dr. Mohammed Khalid Department of Evening Studies, Panjab University

Chandigarh—160 014
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Globalization encapsulates the growth of connections between people on
planetary scale. It involves reduction of barriers to establish trans-world contacts
and engage with each other on this globe. Technology and unprecedented
growth of electronic medium has made the globalisation possible. Since the last
20th century the entire world as a whole is fastbecoming a single social space in
its own right. Explicitly more visible in Europe, North America and East Asia,
globalisation has not reached its finality but it is likely to engulf the hitherto
untouched areas soon. The rise of global consumerism (internet marketing,
trade and commerce), global currencies (US dollar, Euro), global finance (saving
and credits), global concerns (global warming, ozone depletion etc.), volunteer
associations (Amnesty International, WTO etc.), outsourcing of skilled
professionals, multinational corporations, broadcasting (CNN, BBC) and
globalization of education (branch campuses of Universities in other countries,
giving franchises) are but a few signs of globalisation. The satellite
communications has brought in a global consciousness in almost every sphere.
Increasing globalisation of the world economy, the mobility of the people and
capital and the world wide penetration of media has combined to circumscribe
the freedom of action of the State and has cast positive as well as negative
impact on individual rights. The McDonald’s, Coca-Cola, KFC etc. have
manipulated the personal tastes of the people and have influenced the policies
of the host governments thus becoming new forms of political and economic
domination. The control of culture and its production has become tremendously
important and dangerous even then the political subjugation. The export of
popular culture related to life style, pop music, film, video,comics, fashion, fast
foods, beverages, home decorations, entertainment etc. has fast mutilated local
cultures, economies, politics, languages, education. The penetration of world
wide web since 1990s has trampled the codes of ethics in many countries.
As the world is irresistibly and at times mindlessly plunging into the
globalisation, it is important to look at the emerging trends vis-a-vis the human
rights. We all know that rights of individual have always remained a prime
concern of human beings from the early days of inception of society and the
state.
In the Greek City States, 2,500 years back, the polis satisfied the religious,
cultural, political and economic needs of the whole community. Slavery was
justified and individual rights or freedoms were unheard of. The Roman State,
called res publica or Commonwealth, extended to all Roman citizens, their rights
and determined their responsibilities but individual was expected to make
necessary sacrifices of individual liberties to the need of the state. Throughout
the Middle Ages between the end of the Roman empire in the 5th century till the
15th century there were no individual rights guaranteed by the State, if at all
these were restricted to one privileged group or class. Slavery remained a
necessary institution of the society, Church too played a dominant role along
with the State to deny the rights to individual. The end of middle ages brought
the re-birth of Europe, called Renaissance, and raised the problems of religious
and intellectual freedoms, and the freedm of conscience.
During the 16th, 17th and 18th tenturies the debate on sanctity and definition of
natural rights consumed most of the human rights debate. Hobbes’s, giving
absolute sovereignty to State vis-a-vis the individual, Lock’s limited sovereignty
and more rights to the individual culminated into Rousseau who gave the state
authority to the general wiJl of the people.
Three great revolutions helped to define the rights of individual. (1) The Glorious
revolution (1688-89), which imposed judicial and legislative restraints on the
monarch thus ensuring certain rights to individual. (2) The Bill of rights adopted
by the British Parliament against Stuart monarch in 1689 establishing
representative government. (3) The Declaration of Independence in July 1776
and the first ten amendments also known as Bill of Rights in American
Constitution. The Declaration asserted that governments were established by
the consent of the people to protect rights and that, “all men are created equal,
that they are endowed by their creator with certain inalienable rights, that
among these are Life, Liberty and the pursuit of Happiness.” Sadly however, the
declaration did not extend human rights to all the human beings. The first US
constitution preserved the institution of slavery. Even later the Equal Rights
Amendment designed to give women equality was defeated in a referendum.
The French Revolution of 1787-89 was turning point of individual-state
relationship. It ended the theory of the divine rights of the king and gave birth to
the notion that the source of all state powers was the people.
The declaration of the rights of man and of the citizen adopted by
France’s National Assembly between 20th and 26th August, 1789 emphasized
that “men are born free and equal in rights. Social distinction may be based only
on consideration of the common good” (Art 1). It aimed at preservation of
natural and imperceptible rights of man i.e. right to liberty, property, safety and
resistance to oppression (Art 2). The doctrines of Human Rights that we have
today are direct descendants of this thinking.
Human Rights are natural in that everyone owns them, not because they are
subject to any particular system of law or religious or political administration.
The most common of these rights are the right to life; to freedom; to own
property (limiting where government may intrude); citizenship rights (voting,
nationality, and participation in public life); rights to standards of good
behaviour by governments (or protection of rule of law) and social, economic
and cultural rights.
After the end of Second World War and during the process of formation of United
Nations the human rights were given adequate consideration. It resulted into the
Universal declaration of Human Rights adopted by UN General Assembly in
December 1948. This Declaration can be regarded as the greatest 20th century
statement of ‘natural’ or human rights. The objective of this 30-article
Declaration is to promote and encourage respect for human rights and
fundamental freedoms. The declaration proclaims the personal, civil, political,
economic social and cultural rights of humans.
The United Nations has become over the last 60 years as the focal point for
efforts to preserve and protect the human rights. There are charter based bodies
like (1) Human Rights Council, (2) Commission on Human Rights (3) Sub-
commission on the promotion and protection of Human Rights. Treaty-based
Bodies of the UN include:
Committee against torture; Committee on Economic, Social and Cultural Rights;
Committee on the Elimination of Discrimination against Women; Committee on
Elimination of Racial Discrimination; Committee on Protection of the Rights of
Migrant Workers and their families; Committee on the Rights of the child; Human
Rights Committee. But we will here concentrate on the impact of Globalisation
on basic human rights.
There is no doubt that globalisation is one of the manifestations of capitalism
supported by global economic forces. It is not merely an economic process but
also has social, economic, political, cultural dimensions, including the human
rights. There is little systematic evidence about the overall impact of
globalisation on human rights. Many studies have contradicted each other in this
regard. However, a new discourse has begun if the human rights and
globalization are compatible or not. Or does the globalisation present new
challenges for human rights. There are two ways to look at globalisation from
human rights point of view.
1. Globalisation is positive, beneficial and good.
2. Globalisation is negative, exploitative and bad.
Globalization is positive for human rights when it enables the exchange of
information. The argument goes that those countries have succeeded best at
helping their citizens escape poverty who have effective governments,
embraced free markets, free trade and technological change. Those countries
had faster growth which were more involved in the process of globalisation. It is
progressive and integrates economies and societies. It has created millions of
jobs and new avenues, given economic independence to women and improved
physical health and well being. By dragging local economies into the market it
has broken down the feudal exploitative system. It is helping to create a global
civil society.
On the other hand globalisation is regarded as a soulless force, promoting
violence and vulgarity. It is not warm nd humane as it is based on selfishness
and exploitation of resousces. It is operating in a global environment without any
effective institution to protect the human rights. There is increasing frustration
and disillusionment with market led globalisation which is evidenced by the
protests at G8, INTO, European Union summits. Globalisation has increased
inequalities and threatened social rights of citizens, e.g.
(i) It has increased the flow of unauthorised, undocumented migrations.
Many human rights are violated when thousands of people are killed in the
process e.g. on U.S.-Maxico border, Malta Tragedy, languishing of many
illegal migrants in jails of other countries. If they reach their destinations,
they work as sweat-shop labourers and are exploited by the local
businessmen. It is in way modern day slavery.
(ii) As the power is shifting from the State of global economic forces, the
multinationals sometimes are more powerful than the host nation state.
They abuse the labour rights of workers in the host countries.
(iii) Globalisation has forced liberalization before these countries and could
evolve some safety nets.
 (iv) The structural adjustmeits forced by WTO regime have forced
downsizing of subsidies and increased prices of food, health, schooling.
(v) Under the WTO regime, essential drug prices have gone up.
(vi) Globalisation has adversely affected the local cultural tradition through
Westernization and the Hollywoodization of cultures.
(vii) Under the influence oI globalization and fast changes it is bringing in the
indigenous languages and dialects are loosing to the language of the world
wide web.
(viii) Intellectual property rules are favouring the developed countries and
unfairly the patents are claimed by them. They also indulge in unfair trade
practices.
(ix) A new culture, the Mall culture, the McDonald, KFC are ruling your tastes.
As a result millions of local grocers, middle men are becoming unemployed.
(x) Denial of clean environment as the Multi-National Corporations (MNCs)
from developed countries are shifting their polluting industry to the
developing
Countries.
The discourse on the impact of globalisation on human rights is setting in, but it
is still inconclusive as the globalisation itself is. Human rights were developed in
the context of the State, but the role of the State is shrinking and global market
forces are taking over as the biggest influence on state policies. Globalisation
has exposed the weaknesses of human rights under the United Nations System.
Thus, it becomes the duty of the State to become the main administrator of
globalisation and allow it to spread with a humane face so that it can protect
and preserve the rights of individual in the new millennium.