Unit-20 (1)
Unit-20 (1)
CHALLENGES OF GLOBALIZATION
Structure
20.0 Objectives
20.1 Introduction
20.2 Globalization Democracy and Human Rights
20.2.1 Two Faces of Globalization
20.0 OBJECTIVES
This unit discusses the theory and practice of human rights in the present era of
globalization: After going through this unit you will be able to:
20.1 INTRODUCTION
The phenomenon of globalization has attracted more significant global attention
than perhaps any other issue in recent memory. The fascination with the topic
has obviously not left out its connections to human rights. It is also clear that
globalization is no passing event. Also it is capable of any number of conflicting
and sometimes even contradictory interpretations. In general terms globalization
refers to a process by which the earth planet is considered to be one single unit or
a global village where social and economic interaction among people are guided
and conditioned accordingly. The world is supposed to be a global society with
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global issues and problems which are to be tackled with global efforts and Human Rights in 21st
Century: Challenges of
cooperation. As a result the state is increasingly finding it difficult to control the Globalization
activities of its citizens. The concept and process of globalizations, especially its
economic content has been controversial not only in developing world but also
in developed nations. Economically the world is increasingly becoming one unit
and economic events in one country affect other places.
Economic globalization means that the national economics must lose their
autonomy and merge with the global economy which is based on open trade and
free market. For developing countries this has been termed as liberalization and
privatization. Liberalization demands the state to liberalize its economy i.e.
remove all the barriers and restrictions which were imposed so as to protect the
native industry. Privatization means that the public sector enterprises should be
removed from state control and become private enterprises.
Quite naturally, then, the 'third wave of democracy' has been sweeping the 'global
village' (Samuel P Huntington,) Beginning with Central and Eastern Europe in
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Human Rights oncerns the early 1980's in the aftermath of the collapse of communism-brought about
and Emcr~ing Trends
partly by popular movements demanding the internationally recognized human
rights, the 'third wave of democracy' moved to Asia and Latin Africa. The 'third
wave' gained momentum and is now sweeping Africa. Democratization of the
African countries has been hailed as the 'second wave' of liberation after
nationalism failed them leading to civil war and authoritarian regimes pretty
soon after the fir t flush of independence and democracy.
The democratic upsurge ha resulted into the sincere hope that the prospect for
the protection of human rights has become brighter. The liberal concepts of
democracy and human rights are being referred to in one breadth, with the
implication that they go hand in hand. Such a hope has been strengthened by a
supposedly 'near universal' acceptance ofthe liberal democracy as the best, indeed
the only legitimate form of government, and also the commonly shared perception
that liberal democracy and human rights are the two sides of the same coin. The
globalization ofthe state and the potential for the greater level of communication
facilitated by the rapid spread of information technology across the national
boundaries has further strengthened such fond hopes of a creation of a democratic
global civil society committed to human rights. For illustration, one can refer to
the coordinated demonstrations against the war on Iraq that enabled
demonstrations on 15 February 2003 in at least 600 cities around the world. The
information technology revolution has also led to an explosion of a transnational
memory culture within the contemporary international human rights movement
that insists on righting the wrongs committed in the past. One can refer in the
recent times to the Japanese apology for forcing the 'comfort women' into
prostitution during the Second World War or the Australian Prime Minister
apologizing for the violation of the human rights of the aboriginals by the white
settlers.
Boutros Boutros-Ghali, the former United Nations Secretary General had argued
that 'human rights, equal rights and government under law are important attributes
of democracy'. He further said that human rights have now become 'a common
language of humanity'. There is much substance in the argument of Upendra
Baxi when he argues that in some ways, in the present era marked by 'end of
ideology', human right is increasingly emerging as 'the only universal ideology
in the making' . With the geographical boundaries breaking down and the elements
of justice and rights being inextricably articulated with the notion of global
citizenship in the modem democracies, it is being hoped that we have ushered in
a new era when the emancipatory potential of rights are being realized. It is also
hoped that the violation of human rights by the nation states in the name of
protecting the national sovereignty would finally come to an end. The voices
from the civil society have come up against the blatant denial of the democratic
rights even of the supposed militants who question the 'unity and integrity' of
the nation on the pretext of national interest and the rights of the innocent people
whom such militants target (refer Kashmir, Northeast in India, Chechnya in
Russia). The denial of human rights to the criminals, under trials, political
prisoners by the state is also being opposed. State's deployment of torture as an
instrument of control against the 'enemy ofthe state and society' no longer finds
favour with the masses.
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20.2.1 Two Faces of Globalization Human Rights in 21"
Century: Challenges of
The decline of the nation state coinciding with the rise of civil society all over Globalization
the world propelled by globalization and the international human rights regime
have contributed to create operational and legal openings for the social action
groups to enter into international arenas, which were once the exclusive domain
of sovereign nation states. The civil society initiatives in the form of the social
action groups led new social movements taking up the trans-boundary issues
covering immigration, asylum, international women's agenda, indigenous model
of development and anti-globalization struggles has further brought optimism
about the future of human rights. The increasing popular appeal, and the legitimacy
ofthe human rights concerns both within the national and global regime has also
resulted in mushrooming of the Non Governmental Organizations (NGOs) funded
by the global agencies concerned with human rights.
Thus if 20th century marked the fight against apartheid, gender discrimination,
colonialism and neo-colonialism; then 21 st century is being hailed as heralding
an era of human rights as the universal and inalienable character of human rights
are being actively propagated under the shadow of globalization and liberalization.
Human rights universalism is being understood in three ways. First, it refers to
the claims about the universal validity as well as moral justification for human
rights. Second, it describes the status of human rights in international law. Finally,
it refers to the generality of human rights for the human beings.
There is, however, a counter viewpoint that holds that the globalization drive
has caused serious harms to the human rights of the 'peoples' especially in the
'new' democracies, which remain underdeveloped and on the fringe of global
economy. Right to livelihood, humane conditions of work, living wage and other
rights guaranteed or promised to the subaltern classes have come increasingly
under threat as the market economy takes over. The critics point out that the
whole emphasis has been on the civil and political rights in legal terms under a
minimalist procedural form of democracy and in the process social and economic
rights that mark the substantive form of democracy has not received adequate
attention. The argument is that the free and fair elections, political participation,
rule of law, representative government, right to freedom of expression, peaceful
and periodic transfer of power, regime of rights and constitutional safeguards
are essential but not sufficient for the realization of democracy especially in an
increasingly unequal society. The now privileged procedural democracy, as
discussed above, favours neo-liberal market economy, which only privileges those
who have either capital or capacity relevant for the market. Consequently, the
marginalized groups who form majority in the developing countries get excluded
at a time when there is an emphasis on making the 'new democracies' more and
more inclusionary. There crops up a dissonance between the political democracy
and the market economy. Bereft of more meaningful alternatives, the substantive
issues related to the social and economic rights of the subalterns receive scant
attention. One of the biggest structural failures of the processes of globalization,
for instance, is that it has been unable to create enough jobs where people live. It
is natural then that the 'new democracies' have increasingly been witness to a
particular genre of struggle and movement groups, as the new social movements/
peoples movements who look for the alternative models of politics and economy.
The resurgence of feminism has generated claims for women's rights as human
rights, indigenous peoples' movements have generated claims for the indigenous
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Human Rights Concerns peoples' rights and the green movements have· generated debates about
and Emerging Trends
environmental rights as human rights and the rights of the future generations.
They oppose the west-inspired mega development projects and also engage in
struggle for local democracy for the replacement of a global political economy
that privilege the privileged. They also strive to establish the local community
control over the economic and cultural resources through political activism (DL
Sheth)
,
It follows that globalization is a two-faced phenomena, and can be both enabling
and disabling to the advancement of human rights. While it is true that the
advancement of market economy serving the structural imperatives of global
capitalism in a manner detached from any equivalent spread of global political
accountability may be disabling, the spread of human rights ideology under the
agenda for democratization is certainly enabling (Darren 10' Byrne).
Globalization not only produces huge inequalities in terms of the economic and
political power within a national state but also at the global level that is evident
in the form of growing division between the countries of rich north and peripheral
south.
3) Do you think that human rights and democracy share a symbiotic relationship
in the present globalizing world?
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4) Write about the issues being taken up by the human rights movements in the Human Rights in 21st
Century: Challenges of
new millennium. Globalization
.......................................................................................................................
The first generation rights were traditional civil and political rights based on the
principle of liberty and citizenship. The second generation of rights refers to the
social and economic rights. The first and second generation of rights essentially
referred to the rights/privileges of an 'abstracted individual' making civil and
political claims. The object of these human rights is to enhance the autonomy of
the individual through safeguarding the security, liberty and political and social
rights of persons.
The third generation of rights on the other hand asserts the primacy of the
'collective rights'. These set of rights that have increasingly come under focus in
a globalizing world that celebrates local/cultural, originally referred to the
'solidarity rights of communities, rather than individuals' that underlined the
right of the nation-states to have freedom from the colonial/neo-colonial bondage
and also to demand 'global redistribution of power and wealth' in a world that
was divided in the developed north and underdeveloped south. In a globalizing
world, they increasingly refer to the 'solidarity' claims ofth indigenous ethnic
groups/identity groups within a nation state for 'self-definition' or even 'self-
determination'. The UN 0 and its anci llary bodies have been making efforts to
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Human Rights Concerns formalize the rights of the indigenous groups/identity groups as a part of the
and Emerging Trends
solidarity rights. The collective (cultural) rights are being referred to in the context
of the rights of the minorities who are defined in terms of their social, economic
and political power in relation to the dominant groups. As multi-culturalism
based on the recognition of the differences has come to be globally accepted, an
increasing number of identity groups define themselves as minority communities
or indigenous groups and demand their' collecti ve cultural rights'.
The U.N. Human Rights Commission independent expert reports that while there
are significant gains to be derived from liberalization as a result of structural
adjustment programmes (SAP), such reforms do not provide the best outcome
for all. The experience in Africa and Latin America shows that structural
adjustment policies are not consistent with long-term development needs of
developing countries. The evidence challenge the assertion by the World Bank
and the IMF that SAPs alleviate poverty and strengthen democracy. Instead SAPs
have been guided by laissez-faire market principles that privilege efficiency,
productivity and groups engaged in export and international trade at the expense
of civil liberty and self-government. An increasing number of voices within Africa,
as well as many non-governmental groups and United Nations Organizations
such as UNICEF and the ILO, have been warning that the living conditions of
the poor are deteriorating to intolerable levels despite - and sometimes because
of - the structural adjustment programmes. Increasing malnutrition, falling school
enrolment and rising unemployment threaten the social fabric of adjusting
countries. All these mean that deprived masses cannot exercise their economic
and social rights.
ii) They do not necessarily cater to the developmental needs of the developing
countries.
iii) Through their power and flexibility, TNCs can evade or undermine national
economic autonomy and control. Their activities may be inimical to the
national interest of particular countries.
v) TNCs may destroy competition and acquire monopoly, laying waste hundreds
of thousand of workers in smaller industries.
vi) They may threaten the sovereignty of the nations in which they do business.
vii) They use highly skilled workers laying offunskilled and semi skilled workers
retarding the growth of employment.
vii i) They cause a rapid depletion of some of the non-renewable natural resources.
Hence, unrestricted entry of TNCs is seen with fear and suspicion in the
developing countries because of a bad track record. They have not fulfilled their
social responsibilities properly. In host countries they have not been fair to the
employees and consumer and neither have they shown respect for the community
and its values. These issues, however, were never considered important in world
trade. Former UN Secretary-General Kofi Annan admitted recently that
"globalization is under intense pressure. And Business is in the line of fire, seen
by many as not doing enough in areas of environment, labour standards and
human rights".
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Human Rights in 21 ,I
2) Do you think that globalization has been disabling as far as human rights
are concerned due to its fallout in political and economic terms?
3) Do you think that human rights issue has become an instrument in the
hands of the rich and powerful nations of the north?
There is a critical need to emphasize that hu~an rights or their violation are not
to be understood in a narrow sense. Human rights, as discussed above, include
not only the civil and political rights but also the economic, social and cultural
rights. Thus there is a need to collectively strengthen UN human rights agenda
for the new millennium that includes the right to adequate nourishment, the
right to shelter, the right to live free from poverty, the right to health and life, the
right to education, to development, to equal treatment irrespective of the
nationality, race or gender and the right to raise voice against authoritarianism.
There is also need to bridge the gap between the legal equality contained in the
institution of citizenship and the normative project of substantive equality in the
emerging world order that is witness to growing inequality. The remedy lies in
the enhanced inclusion for those who lack power are disadvantaged, outsiders,
and discriminated minorities. Finally, the globalization of the ideology of human
rights would be enabling only ifit emanates from the 'globalization from below'.
4) Issues that confront the new millennium western world like that of gender,
environment, child and women rights, sexually deviant groups, animal rights
whereas in the developing world there is still emphasis on social and
economic rights of the marginaljzed who are victims of dominant
developmental agenda.
3) Rights of the minorities who are defined in terms of their social, economic
and political power in relation to the dominant groups.
2) Dominant concerns of the rich and powerful nations become the dominant
concerns of the international rights regime.
3) Yes, the human rights issues are some times selectively raised in accordance
with the political and economic agenda of the western countries' interests
and values.
20.8 REFERENCES
1) Ashwani K. Ray, "Human Rights Movement in India: A Historical
Perspective: Economic and Political Weekly, August 9,2003.
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Human Rights Concerns 6) Rajesh Oev, "Human Rights Relativism and Minorities in North East India:
and Emerging Trends
Economic and Political weekly, October 23, 2004.
7) Rhona K.M. Smith and Christen van den Anker, Human Rights London:
Hodder Arnold 2005.
9) Upendra Baxi, The Future ofHuman Rights, Oxford University Press, 2002.
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