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Draft EHRR Text 1 Twenty-Five Years of Human Rights at Essex ∗ PROFESSOR KEVIN BOYLE As the longest serving but not the only captain to have been on the bridge of the Human Rights Centre, I have been invited to celebrate the 25th Anniversary with a short contribution on the history and achievements of the Essex human rights programme.1 A captain’s view is not necessarily the best one. The crew and above all the passengers – the graduates of the programme – might well see things differently. But with the disclaimer that my contribution cannot be comprehensive, let me try.2 1. Context It is relevant, even crucial, to draw a sketch of the international political and legal environment in which the Essex programme began. Study, policy-making, and action on universal human rights are all intimately linked to the international environment in its political, economic and security dimensions; something which was as true in the 1980s, when the Centre began, as it is today. The last quarter century, the era of globalisation, has witnessed the most rapid period of economic, technological and social change in human history. These transformations have been reflected in the political order of the globe and our understanding of the interdependency of human beings and societies. They will inevitably shape how we approach the subject of universal rights for the future. To study human rights is to study a mission imbedded in the international relations of states.3 The goal of universal human rights and fundamental freedoms was adopted as one of the purposes of the United Nations Organisation in its Charter in 1945. We tend to overlook the fact that that purpose is intimately linked with the UN’s other purposes, that of economic and social development and the guaranteeing of ∗ I am grateful to colleagues, in particular Françoise Hampson and Geoff Gilbert, for drafts of sections of this article. Kevin Boyle was the Director of the Human Rights Centre at Essex from August 1989-July 1998, August 1999-July 2001 and again from August 2006-September 2007. He was academic director of the Democratic Audit 1994-2001. From September 2001-September 2002 he was Senior Adviser to Mary Robinson, the UN High Commissioner for Human Rights. He was also the first Director of the Human Rights Centre at the National University of Ireland, Galway and founding Director of the NGO Article 19: the Global Campaign against Censorship. He is a practising barrister and has taken numerous cases on human rights issues to UK Courts and to the European Court of Human Rights in Strasbourg. In 1998, with Professor Françoise Hampson, he was jointly named UK Human Rights Lawyer of the Year by Liberty and the Law Society Gazette. He became Chair of the International Council of the Minority Rights Group in 2007. 1 The directors of the Centre and their years of tenure are: Professor Malcolm Shaw, QC, Sir Robert Jennings Professor of International Law, University of Leicester - 1982-1989; Professor Kevin Boyle - 1989-1998; 1999-2001; 2006-2007; Professor Geoff Gilbert - 1998-1999; Professor Paul Hunt - 2001-2003; Dr. Todd Landman - 2003-2005; Professor Jane Wright - 2005-2006; Professor John Packer (LLM 1987) - 2007-Present. 2 Many people have contributed to the success of the Essex human rights programme and if I have inadvertently failed to mention anyone, I pray forgiveness. 3 One of the gaps in the human rights teaching programme at Essex has been the lack of specialists in International Relations and integration of that discipline into the predominantly normative array of topics offered. To address that gap should be a priority for the future. See Thomas J Biersteker et al. (eds.), International Law and International Relations: Bridging Theory and Practice (London: Routledge, 2006). Essex Human Rights Review Vol. 5 No. 1 July 2008 Kevin Boyle 2 international peace and security. The Universal Declaration of Human Rights, which this year reaches its 60th anniversary, was proclaimed as ‘a common standard of achievement for all peoples and all nations’. Almost sixty years on from that proclamation, what can we say about the ambition of universal human rights as a whole? It is clearly an ambition that has not been realised. One achievement that can be pointed to is the global reach of the ideals of the Universal Declaration. If there has been a civilisational advance it is the extraordinary appeal of the concept of common humanity and the belief in universal rights and freedoms to be enjoyed by all without distinction. Another advance has been the establishment of a legal framework for a global order based on respect for human rights, built upon the UN Charter, the International Covenants, and the Universal Declaration. But human existence for perhaps the majority of people in the world is far from the ideals of the Universal Declaration. The world, wracked by conflict and now environmental crises, remains unequal in every respect. The majority of humankind does not enjoy the promise of full human rights. The Cold War The twenty-five year period under review has spanned two metaphorical wars: the Cold War and the current Global War against Terror. The launch of teaching and research into international protection of human rights at Essex began in the Cold War, an ideological and nuclear confrontation between East and West which was seen in its time, it might be recalled, as a war without end. In the 1980s no one foresaw that by the end of that decade the Cold War would suddenly come to an end with the fall of the Berlin Wall and the disintegration of the Soviet Union. Soon after came the end of Apartheid in South Africa. One of the brightest moments of the early 1990s came with the release of Nelson Mandela and the rapid emergence of the new democratic multiracial South Africa. The long campaign from the 1960s against Apartheid, led by the developing world and by the emerging civil society in the North and South, not only mobilised international consciousness about and condemnation of racism but also laid the foundations of the international human rights movement itself. An exciting moment for the University came in July 1997 when President Nelson Mandela visited Essex on the occasion of the awarding of an honorary degree to his wife to be, Graça Machel. He gave the Centre a precious encomium on his departure: ‘This is a very famous university which has been involved in the fight for human rights in all parts of the world.’ During the Cold War progress on implementing human rights objectives at the international level was cautious and incremental. In the universities the subject, if treated at all, was considered as a new branch of international law. It gradually came to be taught as a specialisation and to generate scholarly legal analysis. Before the 1990s human rights impinged little on international relations courses or the social sciences, although philosophy and political philosophy did address some dimensions. World Conference on Human Rights 1993 Whatever can be said about the advance of human rights protection prior to 1989, it was over the following decade that positive movement became possible. The post-Cold War environment reopened the possibility of United Nations reform and of more effective efforts to advance human rights through cooperation between states. There was a recovery of the spirit and even the idealism of the early days of the United Nations, a conviction that the world could make real progress towards genuine commitment to advancing standards and improving lives. Such thinking lay behind the Twenty-Five Years of Human Rights at Essex 3 series of United Nations World Conferences which were characteristic of the 1990s.4 In particular, the World Conference on Human Rights held in Vienna in 1993 laid the foundation of a new and holistic understanding of human rights for the 21st century. The Vienna conference texts declared human rights a priority, and famously emphasised the ‘universality, indivisibility and interdependence’ of rights and freedoms as well as their equal weight. The World Conference endorsed the new thinking that related progress in securing universal rights to progress in building democracy, the rule of law, development and peace.5 It was in this more benign and optimistic context of the 1990s that the multi- disciplinary approach to the study and practice of human rights was launched at Essex. The new international context and the opportunity for a broader approach to the study of human rights was reflected in the rapid increase in the number of graduates who chose to study at Essex. New programmes on teaching and research on international human rights emerged rapidly both in the UK and elsewhere. As it attracted the interest of disciplines beyond law, human rights grew more complex as a field of study. The relationships between democracy and rights as well as the relationship of both to development became central to policy makers and to academic thinking. The launch of the European Commission-supported European Masters in Human Rights and Democratisation (the Venice Programme) in 1997, in which Essex participated along with other European Union universities, was a significant example of the official and academic recognition of this enlarged concept of human rights.6 The expansion of the activities of the UN into preventive diplomacy, election monitoring, policing, peace keeping and peacemaking as well as human rights presences in the field, created a professional demand for human rights field personnel.7 The creation of a new institution, the United Nations High Commissioner for Human Rights, in 1993, also presented new opportunities for professional careers. The development of international criminal law and the creation of the International Criminal Court and the ad hoc Tribunals drove transformative developments of international criminal law and international humanitarian law.8 The strengthening and expansion of regional international human rights machinery complemented in the regions the greater priority for human rights protection within the UN system.
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