Development and Human Rights

In order to talk about the concept of people-oriented development with an approach that is rights-oriented, one has to pay attention to the question " Is there a relationship between development and human rights and, if so, at what level and why?" In this line even a brief familiarity with the objectives and principles of human rights can help us reach the relationship between the development and human rights.

In its preamble, the UN charter refers to basic human rights as unchangeable and as the basis for human rights. According to paragraph 3 of article 1, paragraph 1 of article 13, articles 55 & 56, paragraph 2 of article 62, article 68 and paragraph 3 of article 76 of UN Charter, all the member countries are duty-bound to cooperate in line with strengthening respect for human rights and basic freedoms without any discrimination based on gender, language and religion.

In its first article, "The Universal Declaration of Human Rights" refers to two basic principles to define human rights: “freedom” and "dignity", because "human beings are born free and equal in dignity and rights".

All the preambles of other complementary documents or conventions as well as the regional human rights statements emphasize the innate and inherent dignity and worth of humans and there is always talk of freedoms and equal dignity and integrity in either their introductory notes or in their articles. The conclusion is that "freedom" and "human dignity" as two fundamental principles constitute the foundations of human rights.

It can even be said that human dignity is the most fundamental and basic principle and is actually the mother of all other human rights and principles for it is superior to and above other basic freedoms.

Considering the principles of human rights and the emphasis placed by the UN Charter and international human rights on them, it took three decades for the declaration on the right to development to be adopted by the UN General Assembly. In line with fulfillment of the right to development, the UN General Assembly decided in its session in 1990 to set the discussion of the relationship between development and the entitlement of any individual to economic, social, cultural, political and civil rights as one of its objectives for the World Conference on Human Rights in 1993.

At the conference and after lengthy discussions and exchanges of views, ultimately the final declaration and action program stated that: "Actors in the field of development cooperation should bear in mind the mutually reinforcing interrelationship between development, democracy and human rights".

Moreover this conference reiterated: "While development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the violation of internationally recognized human rights".

This approach with the expansion of human development concept evolved in the 90’s and in the present moving towards supporting human rights. Simultaneous promotion of human development level and human rights will result in the development of abilities and their support of basic rights and freedoms.

In fact the rights-oriented solution is a bond between human development and human rights. Human rights grant moral legitimacy to human development objectives and place them on the path to social justice. This solution guarantees commitments for more sustainable, rational, and deeper development. The common core of the rights-oriented solution consists of the international norms, values and conventions of human rights which can be found in the treasure trove of human rights agreements and documents.

Within the framework of the rights-oriented solution for development it is not optional to have good planning and it is compulsory to have development based on human rights.

Development of rights or a moral issue

Is the right to development a binding and legal right or a moral matter? Perhaps the reason behind developed countries' opposing to it is hidden in the answer to the very question. The United States claims that the right to development is not a part of human rights because it is not imperative and binding and also is outside international laws. On the other hand, UNCTAD reasons that development of advanced countries has come at the cost of the un-development of third world countries therefore a percentage of the income of advanced countries should go to developing countries. Hence, such countries have to live up to their responsibilities to developing countries.

Identification of the right to development has been mostly done through UN documents. Jurists have not seriously supported the right to development as a part of international laws. According to Professor A. Pellet, the right to development is still considered as a status and it will not be identified as a full-scale, concrete right until it gains enough stability as a personal right.

Generally speaking, the formation of legal principles and norms through the resolutions of the General Assembly and other organs and specialized organs and agencies of the UN is a gradual process. The existing resolutions related to the right to development are more treated like Soft Laws and under current circumstances no one may verify that there are international laws in place for the right to development. However one can testify to the formation of a two-stage process of the regulations of international laws for the right to development.

The common destiny of human rights and people-oriented development

The legal history of development is so much similar to that of human rights. Therefore there is no doubt that the right to development like human rights will attract the attention of the whole world. However, the basic question is human rights with their universal acceptability as well as their instruments and sanctions been able to achieve their goals or they have been confined to and isolated in hope-inspiring conventions and documents? There is no doubt that what has been done regarding human rights and what has been achieved so far, but for human rights efforts must continue. Nevertheless, we have to accept the bitter fact that the UN and other responsible bodies have not been able to play the role expected or to present a solid and reliable framework for safeguarding human rights and the right to development; a framework that would force governments to observe human rights and discourage them from abusing them.

In my article many reasons for the weakness of the documents of the human rights and lack of success in getting implemented have been dissected in details. The article concludes that the principles and basics of human rights and the right to people-oriented development conventions and related documents, which constitute and organize the structural framework of human rights and their demands and ideals, are seriously lacking. The UN, international organizations and assemblies along with the public opinion of the world must be brave and supportive enough to address the human dignity properly.

The future of people-oriented development

The status quo of the concept of people-oriented development in the international laws of development is good and it is generally welcomed and accepted. However, it is not as strong as other binding laws and lacks the required sanctions to guarantee its implementation.

It seems that in the near future the people-oriented development and rights-oriented development, fundamental rights will attain their true status in basic human rights law and international law and the governments whether in developed or developing countries will respect them, because nations will no longer tolerate the severe rifts amongst countries. On the other hand, the UN and the human rights groups and societies that are determined to contribute to global peace and security will put the governments in developed countries under pressure to do so.

Most probably the realistic and prudent politicians in the developed world will be of the opinion that the continuation of this is not in favor of their power, governance and national security and will force the hegemonistic rulers to reinstitute the a portion of the rights of other nations at the level of the UN or public opinion of the world.

People-oriented development and the Constitution of I.R. Iran

The constitution of the Islamic Republic of Iran firmly believes in people-oriented development and states its stance on it in a very clear way in its preamble and articles. The constitution strives for the freedom form autocratic system and leaving the fate of the people to themselves because the purpose of ruling is to help people grow and prosper in their moving towards the divine establishment so that the ground for the emergence and flourishing of the godly aspects of human beings will be prepared. This can not be materialized unless all the elements in the society participate actively and wholeheartedly in the changes of their society goes through. The Iranian constitution provides the ground for such a movement in all the stages of political and decisive decision makings for all the individuals in the society so they tread the path to human perfection and get involved in the promotion and leadership.

In Islam economy is a tool to be used for achieving the goal. The economic plan of Islam tries to provide the proper ground for the actualization of all the different human creativities. That is why the provision of equal and appropriate facilities and job creation for all people and meeting their basic needs to perpetuate their progress towards perfection is entrusted to the Islamic ruling.

In its various articles the Iranian constitution reiterates the rights of the people and their peerless role in the ruling and human development and considers people's votes as the criterion for the power transfering and appointment of new governments.

In articles two and three, the constitution articulates the pillars of the establishment and mentions the duties of the government towards the people in 16 items, some of which are as follows:

In order to attain the objectives specified in Article 2, the government of the Islamic Republic of Iran has the duty of directing all its resources to the following goals:

- ensuring political and social freedoms within the framework of the law;

- the participation of the entire people in determining their political, economic, social, and cultural destiny;

- the abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and intellectual spheres;

- the planning of a correct and just economic system, in accordance with Islamic criteria in order to create welfare, eliminate poverty, and abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all;

- securing the all rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of-all before the law;

- the expansion and strengthening of Islamic brotherhood and public cooperation among all the people;

It states in articles seven, eight and nine:

In the Islamic Republic of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, consultative bodies - such as the Islamic Consultative Assembly, the Provincial Councils, and the City, Region, District, and Village Councils and the likes of them - are the decision-making and administrative organs of the country. al-'amr bilma'ruf wa al-nahy 'an al-munkar is a collective and reciprocal duty that must be fulfilled by the people with respect to one another, by the government with respect to the people, and by the people with respect to the government. The conditions, limits, and nature of this duty will be specified by law. No individual, group, or authority, has the right to infringe even in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of Iran under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.

Also in its chapter 3 and in articles 22, 20, 19, 24, 23, 28, 37, 36, 35, 34, and 33 the constitution emphasizes that the dignity, life, property, rights, residence, and occupation of the individual are inviolate, The investigation of individuals' beliefs is forbidden, Publications and the press have freedom of expression, Innocence is to be presumed, etc.

It is notified that what the constitution of the Islamic Republic of Iran, the late Imam Khomeini (RA) and Ayatollah Khamenei, the current leader of the Islamic of Iran, were seeking for were not realized as they were desired due to different reasons which are clear for all; like the 8 year imposed war, all out sanctions by the US and its allies, the damages left from the tyranny of Pahlavi dynasty,….This occurs while we are now witnessing Iranian progress in various fields and the Islamic Republic of Iran is trying to achieve as much as in the shortest possible period. Within the same context the dialogue of the forth decade of the Islamic Revolution has been named as the dialogue of "progress and justice".

In the Islamic Republic of Iran 20 year vision plan (until 1404 (2025)) which was communicated by the Great leader of the Islamic Republic of Iran on November 4th 2003 we read the following:

The prospect of such features for the Iranian horizon will be:

-Developed to suit the present needs of cultural, geographical and historic requirements and based on ethical principles and Islamic, national and revolutionary values, with emphasis on religious democracy, social justice, legitimate freedoms, dignity and human rights and enjoying social and judicial security;

-With advanced knowledge, capable of producing science and technology and the greatest share of the human resources and social capital in national production;

-Secure, independent with powerful and backed by the strong unity between people and the government;

Enjoying the health welfare, food security, social security, equal opportunities, proper distribution of income and strong family institution away from poverty, corruption, discrimination and benefiting from favorable environment;

-The first in economy, science and technology in the South West Asia (including Central Asia, Caucasus, Middle East and the neighboring countries) with emphasis on software movement and production of knowledge, speedy and continuous economic growth, with the relative raise in the per capita income and removal of unemployment;

-With constructive and effective interaction with the world based on the principles of dignity, wisdom and expediency.

Conclusion

The rights-oriented strategy is considered as a school of thought seeking for all out realization of the human dignity. In short and based upon our previous experiences we can draw the following conclusions:

1- The people-oriented development is still maturing and we may clarify this process and realize its implementation in the best manner by exchanging our experiences.

2- The people–oriented development does not ensure realization of the human rights but it is seeking the realization.

3- The rights-oriented and the human–oriented developments require improvement of the existing mechanisms and promotion of the legal frameworks.

4- In the international law for development the right to development is considered as a fundamental human right.

5- The UN resolutions view the development as a right based on which all developed states shall support the developing ones.

6- Within the present instruments and documents the subject of development has been attended to from every aspect thought the most emphasis has been put on the economic and social ones.

Today we are witnessing that subjects like the right to development, human–oriented development and inter-dependent of development and the human right are given high significance within the international bodies and in the political and legal spheres but the important point which sometimes has been disregarded or over looked is that whether the people-oriented development can be realized by just provision of education opportunities, the fundamental freedoms and etc or its realization also requires all governments and nations to believe that all human beings, beyond all boundaries, are within a single human race and belong to a certain population which is considered as a single family unit. They need to believe that all the mundane assets and resources have been created for human beings and they are the sale owners and users of these assets and resources and every one has its own equal share out of this divine blessing and he/she shall necessarily enjoy his/her share whether he/she may not be able to have it by himself/herself. Though qualification of individuals play very important role in using the divine blessings but all of them shall enjoy their equal and common rights and share to a certain level. And now the power and wealth owners are given a new assignment for observance of the right to development in addition to those of the fundamental human rights.

If we believe in the innate dignity and equality of all human beings and their freedoms we shall extend this idea to other areas and levels as well other wise due to the pressures and requirements we will have to witness a gradual and step by step set back which will definitely be accompanied by heavy damages against humanity including expansion of terrorism and global insecurity. All this depends upon our current international approach.

Surely we will witness a day that either due to the beliefs or requirements human beings will have to accept the reality that all human beings belong to a single family and before any development taken place in the past they were and are members of a single inter-related community.

Basically, the real and proper development namely the people-oriented development is an all out and parallel development. The development which gives priority to all dimensions of social and individual personalities of the human being and secondly considers a parallel in the growth and promotion of all these dimensions. Such dimensions as the economic, political, social, cultural, ethical and spiritual ones include different aspects of the individual and collective life and disregarding one of these aspects may expose a serious threat to our desired development. Even if within the software development only a single or certain number of these human aspects are prioritized then that single aspect or those certain aspects may over grow and cause difficulties; the phenomenon which may lead to the illness of every individual posing a threat to his/her life. For the same reason in the Islamic Republic of Iran's upstream documents it is emphasized that the development shall be human-oriented, parallel and all out and all people shall observe this reality considering it in their periodical planning.

(The author is Member of Advisory Committee of Human Rights, Ministry of Foreign Affairs of Iran)