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| Tega Adjara |
This declaration, often heralded as a major step forward in the global recognition of human rights, was influenced by notable figures such as Eleanor Roosevelt, who played a pivotal role in its creation, and Canadian John Humphrey, who was responsible for drafting the preliminary text. While the UDHR is undeniably robust in its vision, this paper will argue that colonial powers continued to violate these principles post-1948, treating their colonized subjects as unworthy of the rights enshrined in the declaration.
One glaring example of such disregard was in Kenya, where the British imperial government sought to maintain colonial control through acts that outraged the conscience of humanity. Though the exact number of victims of British oppression remains contested, there is no question about the occurrence of widespread barbarity. Women were subjected to rape, villages were massacred and members of the Mau Mau freedom movement were ruthlessly targeted. The British authorities employed tactics of such brutal inhumanity that captured Mau Mau fighters were frequently castrated. If the UDHR’s Article 3 had applied to the people of Kenya, the British government would have been obligated to respect their universal rights. However, their actions demonstrated a blatant disregard for the declaration.
Similarly, the French government waged a violent campaign against the Algerian National Liberation Front (FLN), beginning in the 1940s and lasting until the early 1960s. The scale of the violence was extreme, with entire villages decimated, survivors forcibly relocated and rape used as a weapon of war. Even Charles de Gaulle, the French leader who had survived the Nazi occupation of France, continued to support the brutal repression of Algerians fighting for independence. The violence extended beyond Algeria’s borders, as illustrated by the 1961 massacre in Paris when Algerians marched in protest of a discriminatory curfew. The march was met with a bloody crackdown led by Officer Maurice Papon, a crime for which French President Emmanuel Macron would later apologize. Yet the apology only served as a reminder of how the French government had failed to uphold the very human rights articulated by the UDHR.
In Congo, the Belgian colonial gendarmerie, known as the Force Publique, exercised a similar disregard for human rights. Their oppressive actions often led to the deaths of Congolese citizens, underscoring the continuing colonial mentality of ruling through fear and violence. The UDHR, though formally adopted, seemed distant and irrelevant in these territories as European powers clung to their imperial ambitions.
Post-UDHR, South Africa’s apartheid regime stands as one of the most egregious examples of human rights abuses. The racial segregation and institutionalized violence against Black South Africans starkly contradicted the values of the declaration. Despite being a member of the international community, the South African government did not consider its Black population worthy of the rights guaranteed by the UDHR. Even in Canada, the horrors of residential schools continued as if Indigenous Peoples were not included in the declaration. These disregards were compounded by the fact that many colonial-era dictators, such as Idi Amin, Mobutu Sese Seko, Robert Mugabe and Francisco Macías Nguema, learned the techniques of oppression from their former colonial masters. They, too, ignored the UDHR, believing they could act with impunity in brutalizing their own citizens. The culture of violence and repression, rooted in colonial governance, persisted across various African nations, where protests were often quashed with extreme force by state authorities.
These examples reveal a critical weakness in the UDHR: Although its principles were lofty, its enforcement mechanisms were, and remain, weak. Critics argue that the declaration was merely aspirational, and without strong enforcement tools, nations could ignore its dictates without consequence. This failure allowed for the widespread continuation of human rights abuses in many parts of the world, particularly in formerly colonized nations.
However, despite its limitations, the UDHR remains a significant achievement. Its influence can be seen in national human rights legislation such as the Canadian Charter of Rights and Freedoms and the European Convention on Human Rights. These documents have enriched the lives of countless people and have provided a legal framework for protecting individual rights. Canadians, in particular, can take pride in the fact that John Humphrey, one of their own, played such a crucial role in drafting the document that helped inspire their own national charter.
In conclusion, while the UDHR is a landmark in the history of human rights, its ideas were not universally applied, particularly in colonial contexts where imperial powers continued to act with impunity. The atrocities committed in Kenya, Algeria, Congo and South Africa after 1948 illustrate the selective application of the declaration’s principles. Nevertheless, the UDHR has left a lasting legacy, serving as the foundation for national and regional human rights frameworks that continue to shape our world today.
After completing his LLB at the University of East London, Tega Adjara pursued a specialized LLM in international law and the global economy. Adjara obtained a certification in leadership and management from the London School of Economics (LSE), then ventured to Canada to complete another LLM program at Osgoode Hall. Currently, he is going through the Ontario licensing program.
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