Respect for Human Dignity and Human Rights Can Provide
Possible Solutions to Conflicts
October 28, 2002
JOHANNESBURG, South Africa Addressing
representatives of faith communities attending a historic summit near
Johannesburg, University of Witwatersrand (Johannesburg) law professor,
Shadrack Gutto, defined conflict as a continuous process involving differences
that may be resolved with or without violence. The challenge then, he
told the more than 100 delegates attending the Inter-Faith Peace Summit
in Africa, is how to manage such contradictions "in ways that prevent
or minimize social violence."
The summit organized by the Lutheran World Federation
from October 14-19, brought together religious leaders from 21 countries
across Africa. The theme of the conference was "Embracing the Gift
of Peace." The focus was on practical ways of resolving conflict
in Africa.
Gutto's presentation focussed on the cyclical
relationship between the violation or denial of human dignity and human
rights, and conflict. Human dignity, he observed, is an integral part
of modern human rights, as recognized in a number of international human
rights instruments such as the United Nations Charter, International Bill
of Rights and African Charter on Human and Peoples' Rights, among others.
"Understanding human dignity as a core constitutional and democratic
value also enables us to link it with other basic principles and values
of modern democracy like popular participation, good governance and the
rule of law," Gutto said. He pointed out that some categories of
modern human rights apply specifically to armed conflict situations and
as such reinforce other categories of human rights.
But he stressed that human rights goes further
in requiring that the state and society ensure the creation and existence
of conditions which facilitate equitable access to socio-economic resources
and basic services such as education, shelter and health. Thus, Gutto
noted, human concerns should focus not only on violations but also on
denial.
He cited some of the root causes of inter and
intra-state conflict in Africa ranging from denial of the right to self-determination
to the quest for maintenance through undemocratic means of political power
and hegemony. These factors overlap and manifest themselves either as
single dominant causes of conflict or perpetuate themselves in different
dynamic combinations, according to Gutto.
Depending on one's starting point, the denial
or violation of human rights, where there is no other legitimate and agreed
forms of resolution, "naturally leaves the victim' no alternative
but to resort to violent force to stop the continued denial or violation
and to redress the wrongs or perceived wrongs," according to the
Witwatersrand law professor. And in the event that the "victim turned
victor" adopts the repressive punishment root only, then the seeds
for future conflicts would have been planted and a cyclical pattern of
violent conflict followed by counter violent conflict would then prevail,
Gutto argued.
He said this pattern could be explained in the
numerous "truth and reconciliation commissions," TRCs, evident
in Africa in the last ten to 20 years, and cited the most recent ones
in South Africa, Rwanda, Nigeria, Ghana and Sierra Leone. Violent conflicts,
Gutto stressed, are a "cause" and "product" of the
denial and violation of human dignity and human rights, and vice-versa.
"The pattern is cyclical."
For Gutto respect for human dignity and human
rights can provide possible solutions to conflicts. He is convinced that
the vigorous pursuit of human dignity and human rights in all spheres
of human activity and life can lead to minimizing or resolving conflict
in a sustainable manner. He noted that while conflict cannot be "resolved"
without substantive justice and honor, the conditions that created conflict
in the first place must also be addressed and substantially changed.
Categorizing the violation and denial of substantive
human dignity and human rights in peacetime or wartime as tyranny and
oppression, Gutto told faith community representatives from Africa, that
it was in the interest of humanity as a whole to civilize itself by securing
substantive human dignity and human rights through the rule of law and
solidarity.
|