
Human Rights March 2011, photo by Tom Raviv
On December 9, ACRI led the third annual Human Rights March to celebrate International Human Rights Day. In the previous two years, it was one of the largest “rights” gatherings of the year with approximately 10,000 participants. But this year, it was no longer the biggest rally for human rights. There is simply no way to match the 400,000 people who were in the streets demonstrating for social rights in the past summer. For me, this raises a number of questions: What is the relationship between social and economic rights and human rights? What can the language of human rights add to the language of social rights? Why should we push human rights in a time when the struggle for social rights is so powerful?
This is not to suggest that these concepts are somehow essentially opposed to one another. Indeed many, if not all, of the rights that protesters this summer were demanding are included in the Universal Declaration of Human Rights: the right to housing, the right to work, the right to education. Moreover, Article 22 of the Declaration explicitly states: “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.” In other words, social rights protected by the state are in themselves a human right.
But a closer look at the language of the social protests illustrates a meaningful difference between social and human rights advocates. “The people demand social justice,” protesters yelled again and again this summer. Another famous slogan rumbled confidently: “Oooh-aah! Who’s coming? The welfare state!” (This, it should be noted, was meant to be a good thing; the term “welfare state” isn’t the curse word it is in the United States). The two subjects of these slogans (and of the protests throughout the summer) were “The People” and “The State.” The protesters said that as a particular collective (Israelis) they deserve better services from a centralized bureaucracy that is meant to represent them. These rights, they stated implicitly, are dependent on their identity as “Israelis” and can be actualized/are relevant only in relation to the “Israeli State” (even if many protesters wanted to significantly change the manner in which that state operates).
Human rights discourse, on the other hand, takes as its subjects “individual persons” and “the international community.” Human rights are not dependent on anything, on any particular membership. They are guaranteed and earned by virtue of one’s very humanity. Individuals are at the center of the discourse, regardless of political affiliation. Moreover, while human rights discourse is still very (almost exclusively) focused on state actors and responsibilities, the state loses some of its assumed authority and power when talk shifts from social to human rights. States are only free and independent insofar as they meet universal minimum standards. National determinations of interest are trumped by international determinations of rights.
And this rhetorical shift, I believe, from “the people and the state” to “persons and the world” has significant practical consequences. And there are clear dangers in each language:
On the one hand, human rights discourse can sometimes seem toothless and too generic. It is easy to agree that people have the right to housing, but what kind of house do they deserve? What kind of education? Who enforces these rights? Without a particular community, a particular “people,” that can determine the details of those rights through democratic deliberation, human rights become vague platitudes. Additionally, the language of “universal rights” assumes a uniformity in desires, expectations, and obligations that does not seem accurate to real life. Not all people want the same things. People do not owe the same things to everyone (for instance, I do not owe the same things to a stranger that I do to my mother). Many critics have charged that universal human rights language is a Western, white, male invention that was created in order to protect their conception of the good life; a conception that is obviously not truly universal. The language of universal rights has an imperialist-bureaucratic underside that can undermine local control and discourage meaningful, practical action for justice.
However, focusing on the people and the state is also dangerous. For, indeed, who exactly are “the people”? The protests this summer did include a number of strong Arab voices in an unprecedented and impressive way, but it was still primarily a Jewish movement. Also, during the summer, we saw that “the people” certainly did not include Palestinians. In the protests, it was simply outside the range of conversation to criticize the systematic control of the other “people” that is under Israeli military occupation. Talking about the violations of Palestinian rights – social and otherwise - would have broken up “the people” and undermined the movement. Because, to define “the people” one must, by definition, exclude other people. Palestinians might matter, but Israelis matter more, or Israelis matter first. The same thing can be said about the social protests and refugees and migrant workers: if you are not an Israeli your rights are not as important. Moreover, “the state” that was petitioned so thoroughly this summer has particular interests, which often do not include – and certainly do not prioritize - protecting the rights of resident non-citizens. Defining rights in terms of “the people” has a dangerous tendency to lead to ethno-centrism or racism or exclusion; defining rights in terms of “the state” can easily lead to a crude and self-interested nationalism.
The social protests this summer were amazing, beautiful, thrilling. They have changed forever the way people talk about politics and possibility here. They raised a voice of solidarity with poor people, with struggling working families, with all sorts of people all over the country. They revived the idea that the economy does not have to based on a militaristic view of victory and defeat, but rather on cooperation and mutual concern. They should be celebrated and continued. However, the protests were largely (although certainly not entirely) missing a Universalist lens. They set aside, for the sake of in-group solidarity, the suffering of the out-group: the struggles of foreign workers, the disgraceful treatment of refugees, the evils of the occupation, and the trampled rights of Palestinians (It is important to note that the occupation is obviously a local issue in Israel. All of Israeli politics and society are affected and harmed by it. But, Palestinians are “the other,” and outside of “the people.” Therefore, the occupation is also, in some ways, beyond local, self-interested concern. Therefore, while it is only half true, I am constructing Palestinian rights as non-local here. While it is undoubtedly in Israeli self-interest to end the occupation, I believe that a wider acknowledgement that rights are universally applicable – that Israelis and Palestinians have equal rights that are equally important, that the suffering of “the other” is relevant to one’s own life – is necessary to end the occupation and achieve justice.) The social protests could not have done otherwise; Palestine and the occupation are too controversial in Israel to garner the type of support that these protests had. It is a shame that this is true, but it does not negate the amazing accomplishments for justice and equality that the social protest movement has already achieved.
However, the Human Rights March can and should take the position of universal concern. It is important to present the voice that all of our rights our interconnected, all injustice threatens my well-being, all cruelty is unacceptable, everyone’s suffering is meaningful. This means marching against the abuses of the occupation and against the mistreatment of non-citizens living in Israel. This means marching against racism in Israeli workplaces and against anti-democratic initiatives in the Knesset. We should celebrate the social protests and also seek to push the conversation towards universalism, away from an exclusively in-group concern. The language of social rights is crucial and irreplaceable, but alone it is not enough. Human rights language, which rejects the idea that an Israeli’s rights should be valued more highly than a Palestinian’s, is so, so, so necessary here and now. And so, this language of human rights has a lot to offer to a country that has just been through a summer of social protests.
Jesse Rothman | ACRI intern in 2011/12
Jesse (20) recently graduated from Carleton College with a degree in Political Science/ International Relations. He is extremely excited to be working at ACRI this year as a NIF/Shatil Social Justice Fellow.