Why Promote Human Rights Education?
Action-Professionals' Association for the People (APAP) is an Ethiopian non-governmental organization (NGO) originally conceived in 1993 to promote human rights and to disseminate information about human rights. That was the spirit in which APAP developed this guide to human rights education (HRE). It is a teaching resource for human rights educators and facilitators of learning groups involved in non-formal education. There are several reasons why we are undertaking HRE. We seek to promote human rights in Ethiopia because: (1) the international community has strongly and repeatedly endorsed HRE; (2) we believe in the right to education affirmed in the Ethiopian Constitution and the Ethiopian Education Policy Statement; (3) we believe in the right to know our rights; and (4) although Ethiopia is not yet a signatory to the Charter, we want to help ensure the kind of effective human rights education specifically called for by the African Charter on Human and Peoples' Rights.
1. International Support for HRE. Endorsements for human rights education have been proclaimed in various global and regional legal instruments ever since 1945 when the Charter of the United Nations called for cooperation "in promoting and encouraging respect for human rights and fundamental freedoms." Thus, the Charter's references to "promoting and encouraging" create state responsibilities for educating and teaching human rights (United Nations Charter, signed at San Francisco on June 26, 1945; entered into force on Oct. 24, 1945. 1976 Y.B.U.N. 1043. Article I, Sec. 3). Moreover, various international and regional organizations have strongly endorsed the goal. In the late 1990's, as civil societies reemerge in Africa and elsewhere, as voluntary associations proliferate in developing countries, vitality and initiative are evident among non-governmental groups concerned with human rights and human rights education. In emerging democracies such as Ethiopia and other reemerging democracies, NGOs may be expected to increase their educational work, viewed as a strategy to prevent human rights violations and as a technique to empower people to meet their needs based upon their knowing and using their rights.
The United Nations Charter's references to the promotion and encouragement of human rights were clarified in 1948 when the General Assembly, with no dissenting votes, adopted the Universal Declaration of Human Rights. It was proclaimed as "a common standard of achievement for all peoples and all nations," who were directed to "strive by teaching and education to promote respect for these rights and freedoms..." (Universal Declaration of Human Rights. U.N.G.A. Res. 217A (III), 3(1)
GAOR Res. 71, UN Doc. A/810 (1948); Preamble/Proclamation). Thus education is identified as instrumentally connected to the Charter task of promoting human rights. Additionally, the preambular language of the Declaration announces that "teaching and education" are not simply new post-World War II state functions -- among the governmental duties attending membership in the U.N. Rather, as if to acknowledge popular action at the grass-roots level and the work of NGOs, "teaching and education" are announced as the obligation of "every individual and every organ of society...."
2. The Right to Education. Education is not only a means to promote human rights. It is an end in itself. In positing a human right to education, the framers of the Universal Declaration relied on the notion that education is not value-neutral. Education always relates to and supports values. But we must be aware of what values we are promoting through education. In this spirit, Article 30 states that one of the goals of education should be "the strengthening of respect for human rights and fundamental freedoms..." (Section 2). The human rights covenants (later developed by the U.N. and coming into effect in 1976 to formalize the basis in international law of the rights declared in 1948) also elaborated on the right to education and the values such education should promote.. Thus, the Covenant on Economic, Social and Cultural Rights placed the educational objective of strengthening respect for human rights in a cluster of related learning objectives (International Covenant on Economic, Social and Cultural Rights. Opened for signature on Dec. 19, 1966; entered into force on Jan. 3, 1976, U.N.G.A. Res. 2200 (XXI), 21 UN GAOR Supp. (No. 16) 49, UN Doc. A/5316 (1967)). For example, Article 13 of the Covenant says that "education shall be directed to 3 the "full development of the human personality" and to the person's own "sense of dignity...."(Section 1)
The Covenant also says the State Parties:
further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace." (Article 13, Section 1)
Complementing these positive formulations of the objectives of education are the negative proscriptions of the Civil and Political Rights Covenant (International Covenant on Civil and Political Rights. Opened for signature on Dec.
4 19, 1966; entered into force on Mar. 23, 1976. U.N.G.A. Res. 2200 (XXI), 21 UN GAOR Supp. (No. 16) 52, UN Doc. A/6316 (1967)). It tells us that once a state adopts the system of international human rights, it may not stand in the way of people learning about them. Everyone has "the right to hold opinions without interference," the Covenant says in Article 19, Section 1. Insomuch as education is a process involving the sharing and dissemination of ideas, the enterprise is bolstered by the International Covenant on Civil and Political Rights which sets forth the proposition that:Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his (or her) choice (Article 19, Section 2).
3. The Right to Know Our Rights. The International Bill of Rights, consisting of the Universal Declaration of Human Rights and the two Covenants, gave prominence to the importance of education in today's world. Consistent with the tendency of international instruments to use repetitious language and to repeat cardinal principles, it is not surprising to find echoes elsewhere of the standards noted above. The cumulative effect of these repeated expressions helps to underline the importance of human rights but also an important closely related idea. That is the conviction that we all have a right to know our rights. Having human rights acknowledged and knowing our human rights are both needed in today's world. The reason is stated in The Preamble of the Universal Declaration of Human Rights: to achieve "a world in which human beings enjoy freedom of speech and belief and freedom from fear and want" people must come to "a common understanding of these rights and freedoms."
The idea of human rights has wings. It has found its way around the globe. Human rights, including the right to education and the right of the people to know their rights, are implanted in international standards around the world. Thus, everyone's right to education and the goal of education in furthering respect for all human rights --these ideas are all found in numerous international instruments.
Examples of such treaties include the Convention on the Rights of the Child (1989)
(The Convention on the Rights of the Child. Adopted by the General Assembly on Nov. 20, 1989. U.N.G.A. Res. 44/25, 28 I.L.M. 1448 (1989). On the delicate matter of children's rights vis-a-vis parental/guardian duties, States Parties "shall provide direction to the child on the exercise of his or her rights in a manner consistent with the evolving capacities of the child." (Article 14, Sec. 2). Education of the child shall be directed inter alia to "the development of respect for human rights and fundamental freedoms..." (Article 29, Sec. 1(b)) as well as the American (1948) (American Declaration of the Rights and Duties of Man. May 2, 1948. Ninth International Conference of American States. "Every person has the right to an education, which should be based on the principles of liberty, morality and human solidarity." (Article 12) European (1953) (European Convention for the Protection of Human Rights and Fundamental Freedoms. Nov. 4, 1950, E.T.S. No. 5 (entered into force, Sept. 3, 1953). 'No person shall be denied the right to education." First Protocol, Article 1), and African (1986) (African Charter on Human and Peoples' Rights, (Banjul), O.A.U. Doc. CAB/LEG/67/3 rev. 5:21 I.L.M. 58 (1982) entered into force Oct. 21, 1986) regional agreements on human rights standards and institutions. Human rights education is now taking place everywhere in the world because people increasingly know they have human rights and they demand to know and exercise their human rights. This is happening in Africa as it is elsewhere. In recognition of these constructive developments, the UN General Assembly (Resolution 49/184) announced 1995-2005 as the "United Nations Decade of Human Rights Education."
4. Effective Human Rights Education.
The African Charter on Human and Peoples' Rights presents not only the most straightforward statement in international norm-making regarding governmental responsibility for education, but as well, a significant and unique call for effective human rights education. That is, the Banjul Charter says that signatory African states:shall have the duty to promote and ensure through teaching, education and publication, the respect for the rights and freedoms contained in the present Charter and to see to it that these freedoms and rights as well as corresponding obligations and duties are understood . (Article 25, emphasis added.)
To say that government responsibility to teach human rights should also ensure their understanding is an innovative standard and an important addition to international discourse. The effectiveness of human rights education should not only be the concern of the Banjul signatories, but of everyone who takes HRE seriously. The standard suggests that those obliged to teach human rights should also ensure that such programs are effective in that people accept and understand their rights and that they are thereby empowered to use them and can benefit by exercising them.
It should be clear that the objective of effective human rights education is not to sow the seeds of social unrest. Any such suggestion misunderstands human rights and democracy. Non-formal human rights education in Ethiopia is strictly in accordance with the constitution and the law. Indeed, it is our duty to educate people about their rights before the law so that they will be able to be responsible citizens.
The vision of responsible citizens in an open society was well stated by Layashi Yaker, Executive Secretary of the UN Economic Commission for Africa. He spoke before the 14th annual session of the African Human Rights Commission, meeting in Addis Ababa in 1993. He said: "Open societies that value human rights, respect the rule of law, encourage popular participation and have an accountable system of governance provide a better and more enabling environment for sustainable economic development."
The Constitution of the Federal Democratic Republic of Ethiopia (1995) makes strong commitments on behalf of human rights. According to Article 13 of Chapter Three, dealing with "Fundamental Rights and Freedoms," The Constitution says:
The fundamental rights and liberties contained in this Chapter shall be interpreted in conformity with the Universal Declaration of Human Rights, international human rights covenants, humanitarian conventions and with the principles of other relevant international instruments which Ethiopia has accepted or ratified.
Insomuch as Ethiopian constitutional rights and liberties are to be interpreted consistently with The Universal Declaration of Human Rights, NGOs have fully legitimate grounds to undertake human rights education. This is because the Preamble to the Universal Declaration, specifies that "teaching and education" are obligations of "every individual and every organ of society...," thereby acknowledging popular human rights educational programs at the grass-roots level and the work of NGOs.
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