Editorial
| Published date | 01 June 1996 |
| DOI | 10.1177/092405199601400201 |
| Date | 01 June 1996 |
| Subject Matter | Editorial |
Editorial
The International Covenant on Economic, Social and Cultural Rights has now been ratified
or acceded to by 133 States; the International Covenant on Civil and Political Rights by
132 States. The Convention on the Rights
of
the Child has received even more ratifications
(187).
Of
course, the mere number
of
such ratifications does not tell much about the actual
observance
of
the rights contained in these international instruments. Yet, it reflects at
least the view held by a majority
of
governments in the world that it is important to pay
respect to international human rights standards, to pay at least lip service to such
standards. And, as has been said often before, paying lipservice, 'the respect that vice pays
to virtue', can be the beginning
of
a process that may end up in actual observance
of
the
norms to which States are legally bound.
But there is more to be said about the importance
of
such ratification. It singles out
those States that have not done so, that have failed to ratify major human rights treaties.
The United States
of
America, for example, has so far failed to ratify the International
Covenant on Economic, Social and Cultural Rights, in spite
of
a statement made by
Secretary
of
State, Warren Christopher, at the Vienna World Conference on Human
Rights, in June 1993 that the Administration would
'tum
to them as soon as the Senate
has indeed acted on the racism Convention.
,I
In the meantime, the Senate has acted on
the Convention against Racial Discrimination, but the treaty on economic, social and
cultural rights seems 'dead' for the time being with the Republican majority in Congress.
Those Americans that prefer to see these in terms
of
'ambitions' or 'aspirations' rather
than
of
human rights, seem to still have the upperhand. The United States did ratify the
Covenant on Civil and Political Rights back in 1992, but it added reservations,
understandings and interpretations that, according to most experts as well as a number
of
Governments Parties to the Covenant, were incompatible with the object and purpose
of
the treaty. This affects
of
course the meaning
of
a ratification under such circumstances.
Other States have, however, ratified neither
of
the two covenants. It is striking that the
preamble
of
the Bangkok Declaration adopted by the Regional Meeting for Asia,
preparatory to the World Conference on Human Rights, which met in Bangkok from 29
March to 2 April 1993, in which most Asian States participated, emphasises that
ratification
of
international human rights .instruments, particularly the International
Covenant on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights, should be further encouraged. However, thirteen
of
the Asian
States that participated in the Conference, have not done so thus far: Bangladesh, Brunei
Drussalam, China, Indonesia, Kuwait, Lao People's Democratic Republic, Malaysia,
Maldives, Myanmar, Oman, Pakistan, Thailand and United Arab Emirates. Some
of
these
Governments, such as China, have privately indicated that they intend to take the
necessary steps, but no formal action has followed. It seems time that these Governments,
as well as others, put their own recommendations into practice.
Next to the global treaties, there are the regional human rights conventions. It remains
a curious phenomenon that, next to the European, American and African regional human
rights instruments, there is no similar human rights convention for Asia, although Asian
non-governmental organisations have take several initiatives in that direction. The possible
contents
of
such an Asian convention on human rights, the universal application
of
human
rights standards, the problems
of
individual rights versus collective rights and the issue
of
Address at the World Conference on Human Rights, Vienna, Austria, 4 June 1993.
Netherlands Quarterly
of
Human Rights, Vol. 14/2, 125-126, 1996. 125
To continue reading
Request your trial