. Contribution by Dr. Oscar Arias to a Universal Declaration of Human Obligations, April 1997

Oscar Arias Sanchez

April 1997



SOME CONTRIBUTIONS TO A

UNIVERSAL DECLARATION OF HUMAN OBLIGATIONS


It is time to talk about human obligations

    The initiative to draft a Universal Declaration of Human Obligations is timely. Although traditionally we have spoken of human rights, and indeed the world has gone a long way in their international recognition and protection since the Universal Declaration of Human Rights was adopted by the United Nations in 1948, it is time now to initiate an equally important quest for the acceptance of human duties or obligations.

    This new vision of human obligations is necessary for several reasons. Of course, this idea is new only to some regions of the world; many societies have traditionally conceived of human relations in terms of obligations rather than rights. This is true, in general terms, for instance, for much of Eastern thought. While traditionally in the West the concepts of freedom and individuality have been emphasized, in the East the notions of responsibility and community have prevailed. The fact that a Universal Declaration of Human Rights was drafted instead of a Universal Declaration of Human Duties undoubtedly reflects the philosophical and cultural background of the document’s drafters who, as is known, represented the Western powers who emerged victorious from the Second World War.

    Although human rights are recognized throughout most of the world as the minimum conditions for a decent standard of living, the concept of rights that pertain to humans solely by being humans is not always wholly compatible with other culture’s traditional values. This is particularly true for those societies where the notion of social acceptance -and the granting of rights- depends on the performance of or compliance with certain social duties. Therefore, a Universal Declaration of Human Obligations, focusing on the active aspect of human relations, will balance rights with duties -which together constitute the basic fabric of all social relations- thus making the idea of human rights more accessible to those for whom it may otherwise be alien.

    The concept of human obligations also serves to balance the notions of freedom and responsibility: while rights relate more to freedom, obligations are assocciated with responsibility. Despite this distinction, freedom and responsibility are interdependent. Responsibility, as a moral quality, serves as a natural, voluntary check for freedom. In any society, freedom can never be exercised without limits. Thus, the more freedom we enjoy, the greater the responsibility we bear, toward others as well as ourselves. The more talents we possess, the bigger the responsibility we have to develop them to their fullest capacity.

    The opposite is also true: as we develop our sense of responsibility, we increase our internal freedom by fortifying our moral character. When freedom presents us different possibilities for action, including the choice to do right or wrong, a responsible moral character will ensure that the former will prevail.

    Sadly, this relationship between freedom and responsibility has not always been clearly understood. Some ideologies have placed greater importance on the concept of individual freedom, while others on the unquestioning commitment to the social group.

    Without a proper balance, unrestricted freedom is as dangerous as imposed social responsibility. Great social injustices have resulted from extreme economic freedom and capitalist greed, while at the same time cruel oppression of people’s basic liberties has been justified in the name of communist ideals and society’s interests.

    Either extreme is undesirable. At present, with the disappearance of the East-West conflict and the end of the Cold War, with the failure of Marxist experiments and the gradual humanization of capitalism, humanity seems closer to the desired balance between freedom and responsibility. We have struggled for freedom and rights. It is now time to foster responsibility and human obligations.

    The initiative to draft a Universal Declaration of Human Obligations is not only a way of balancing freedom with responsibility, but also a means of reconciling ideologies and political views that were deemed antagonistic in the past. The basic premise, then, should be that humans deserve the greatest possible amount of freedom, but also should develop their sense of responsibility to its fullest in order to correctly administer their freedom.

From Rights to Obligations

    Because rights and duties are inextricably linked, the idea of a human right only makes sense if we acknowledge the duty of others to respect it. Regardless of a particular society’s values, human relations are universally based on the existence of both rights and duties.

    The Universal Declaration of Human Rights describes a detailed set of conditions which, if present, are believed to be conducive to a good life. Among these are freedom, equality, economic and social security and peace, aspirations which portray the main challenges that lie ahead of humanity.

    Nevertheless, of the Universal Declaration’s 30 articles only one -Article 29- refers to human duties. The only other reference to obligations is a brief section of Article 1 which states that all human beings… are endowed with reason and conscience, and should act towards another in a spirit of brotherhood. This spirit of brotherhood, or solidarity, is precisely what the world needs more of today. Solidarity with our fellow humans, solidarity between nations, and solidarity towards our planet Earth.

    The importance of the concept of responsibility should not be overlooked. After all, it is a sense of responsibility that makes people accountable for their actions. Indeed, we are all responsible for the problems humanity faces today: destruction of the environment, extreme poverty and the persistence of armed conflict around the globe. These threats are nothing else than the result of human action, action driven, in most cases, by greed, selfishness or just plain ignorance. Whatever the reasons, humanity clearly can no longer afford to endure such tragedies.

Towards a Universal Declaration of Human Obligations

    Challenges such as environmental breakdown, global warming, the depletion of the ozone layer, deforestation, pollution, overpopulation or nuclear war affect all people without regard to nation, race, religion, sex or status. Thus, each and every one of us has a direct interest in solving these problems. Most of all, since these problems were created by our direct or indirect actions, we are responsible for their solution.

    Considering the previous reflections, there are at least three strong arguments for developing a code of human obligations:

    Moreover, traditionally human rights are conceived in terms of obligations of states vis-a-vis individuals. Solidarity demands that we also think of obligations between individuals. I propose, then, that a code of human obligations consider at least four dimensions of human action:

Obligations between persons

    His Holiness the Dalai Lama has expressed in simple but effective terms the principle that should guide human relations. He says that if we aim to be happy, we should acknowledge that others also desire to achieve happiness. If we believe we should have a right to be happy, others should also have the same right. If we wish that others help us achieve happiness, we must be committed to helping others achieve their own happiness.

    There is no need for a complex set of rules to guide human action. There is one ancient rule that, if truly followed, would ensure just human relations: the Golden Rule. In its negative form, the Golden Rule mandates that we not do to others what we do not wish be done to us. The positive form implies a more active and solidary role: Do unto others as you would have them do unto you.

    Bearing in mind the Golden Rule, the Universal Declaration of Human Rights provides the ideal starting point from which to consider some of the main obligations between persons.

 

Obligations between nations

    At the end of the 20th century, humanity faces challenges never before experienced. Yet, we also possess greater capacities to face them. While wars have been a constant in human history, the production, stockpiling and proliferation of nuclear and other weapons of mass destruction pose an immediate risk to the entire planet.

    Furthermore, while the world’s economy has expanded fivefold in the last four decades, extreme poverty grips one-fifth of humanity. Rapid population growth, more than 90% of it occurring in the Third World, swells the ranks of the destitute while critically impacting the environment.

   Fortunately, the end of the Cold War has brought new opportunities for democratization, economic transformation and peace. Globalization of both economies and challenges forces nations to assume collective responsibility for making this a better world.

    While all nations share responsibility for safely managing the planet and improving living conditions for its population, wealthier countries bear a greater burden. Official development assistance from the industrialized nations to the Third World is a necessary condition in order to help the poorer countries advance their economies. Developed nations must strive to meet the internationally-agreed official development assistance target of 0.7% of the GNP.

    Despite the need for assistance from the North, developing nations bear the main responsibility for their own economic and social progress. While 2 billion people lack safe sanitation, 1.5 billion do not have access to potable water, and 1 billion are illiterate, developing countries spend billions of dollars each year on arms purchases and military expenses, depriving already poor people of basic needs and services. In most cases, these countries do not face real threats to their external security. Instead, many regimes take advantage of the arms trade to abuse their own people.

    Efforts to reduce unnecessary military and arms spending would liberate enormous amounts of resources that can, and should, be invested in human development and environmental conservation. Four percent of the $150 billion spent annually by the developing world on their military budget would help pay for programs that would increase literacy by fifty percent, provide universal primary education, and educate women to the same level as men. Eight percent of this budget could provide basic family planning packages to all willing couples and help stabilize world population by the year 2015. And the additional cost to provide universal primary health care -including immunization for all children, elimination of severe malnutrition, and provision of safe drinking water for all- would represent only twelve percent of this same budget.

    Although there is a trend toward decreased global military spending since the end of the Cold War, there is also a clear arms surplus, which means that more weapons can be purchased at a lower cost. Light weapons, in particular, can easily be obtained through black markets and then smuggled to other countries, eventually finding their way to terrorists, organized crime rings and drugdealers or common criminals.

    These facts indicate states share some basic obligations:

Obligations toward Earth

    In the Western cultural tradition, people were taught to see the Earth as a dead resource separate from its living beings, and at the service of mankind, just as the rest of creation. Today, we are coming to understand that the Earth, together with all its life forms, behaves like one living organism, with humanity as just one of its components. For several million years, the Earth has maintained a temperature suitable for life even though the sun has been getting hotter and the surface properties and the atmosphere’s conditions have varied. The balance of nitrogen and oxygen in the air we breath is constantly regulated by various life forms working together. Rather than adapting to the atmospheric conditions, it seems Earth’s life creates those conditions to sustain itself.

    Sadly, the natural balance of the Earth’s processes is being altered rapidly by human action. Between 17 and 20 million hectares of tropical forests are destroyed each year, also resulting in the loss of countless species, some unknown to mankind. In the Antarctic, during the spring of 1994, the hole in the ozone layer measured 10 million square kilometers. Growing quantities of chemicals, some extremely toxic, are dumped into the soil, air and water, altering nature’s biological systems. The emission of CO2 and other gases is resulting in a gradual warming of the Earth, a phenomenon scientists are now taking seriously, as global warming could raise the temperature by 4 to 9 degrees Fahrenheit, resulting in an increase in the sea level of between 25 to 140 centimeters.

    As population levels increase, so will environmental hazards. In particular, world population is expected to double by the middle of the next century, and about 90% of the increase will happen in developing nations. While industrialized nations may not experience the immediate effects of global population growth, they are never inmune to the long-term consequences because of migrations and related environmental concerns.

    In their struggle for survival, the poor are forced to consume whatever resources they have within their reach: they will cut down tropical forests, overcultivate farm land, and deplete their natural resources. When people are starving, they think only of their own survival and are forced to disregard environmental considerations.

    Underdevelopment is not the only cause of environmental degradation. The overconsumption and waste of resources on the part of the industrialized nations is also a great problem. As is well known, the consumption rate of non-renewable resources and energy in industrialized nations is greatly disproportionate to that of the developing world.

    Therefore, the minimum human obligations toward Earth should include:

Obligations toward ourselves

    We must accept that today’s problems were created by our thoughts and actions; peace, human development and environmental sustainability must begin in our own minds and deeds. The world cannot change without a transformation in human consciousness, and that transformation can only happen if we each assume certain obligations to ourselves:

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