1 Universality And Cultural Relativism FranĂÂçoise Nduwimana ...
Universality and Cultural Relativism
Françoise Nduwimana, Consultant
Dr. I. A. Rehman, Director, Human Rights Commission of Pakistan.
June 13, 2003
Françoise Nduwimana
Universality of Rights
This presentation will focus on questions of universality and cultural relativism. I will
approach these questions from a feminist perspective, specifically considering the position
of African women.
The definition of human rights has two essential aspects. First, human rights must be
universal; otherwise they are privileges, not rights. Second, rights must be recognized by all
members of a society, thus supporting economic, social, political, and cultural equality at
all levels.
The principle of universality is recognized in numerous legal international instruments,
including the Universal Declaration of Human Rights, the two covenants, CEDAW, and the
Beijing Declaration, as well as in regional instruments such as The Protocol on Womenâs
Rights in Africa (âŚ). The legal instruments are in place, but they are neither respected nor
implemented at the national level.
The abuse of womenâs rights is often defended based on cultural or religious reasons. But
these motives are debatable; they reflect a unilateral interpretation of religious texts and
cultural practices. They also do not consider that cultures evolve. Cultures are not
something static, rather they are constantly being defined through our decisions to give
value to certain practices and traditions. Thus, defending patriarchal practices on the basis
of culture is dishonest and sexist, and should not be tolerated by any society.
African countries, in particular, have fought to have racist crimes committed during the
colonialist era recognized, and yet they defend the patriarchal practices that subjugate
women; this is clearly a contradiction.
Cultural Relativism
The idea of cultural relativism should not be an obstacle to achieving equality for women.
Cultural relativism is not a contradiction of universality. It is a response to the cultural
domination of the West around the world and to globalization. Cultural relativism means
preserving and defending cultures in the name of dignity. It does not mean refusing to allow
any type of critique, or using the culture to keep part of the population subjugated.
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We must recognize that traditions, beliefs and customs are the foundation of every
civilization. There are two major schools of thought on this question of culture and the
status of African women.
The first is an anthropological approach concerned with the rehabilitation of black
consciousness after decades of Western colonization. This approach does not accept any
critique that African traditions have misogynist elements. According to this approach, the
problem of the status of African women began with colonization. I have great difficulty
with this position, as we can identify a number of ancient practices that are discriminatory
towards women, including: female genital mutilation, repudiation of women who become
pregnant outside of marriage, exclusion of women from inheritance, etc. We cannot assume
that even under traditional matriarchal societies women had the same rights as men.
The second school supports the emancipation of African women through a break with all
misogynistic practices, whether traditional or modern. Despite significant advances, studies
indicate that there is still a large gap between the status of men and women in African
countries. For example, while African women represent 80% of workers in rural areas, they
own only 7% of the land. They are responsible for 75% of the agricultural production, but
only 4% of women are considered economically active (based on studies done by the
Economic Commission of the United Nations). This is the heart of the problem: how can
women be valued as equal citizens when their labour is not recognized?
While womenâs contribution to the economy is not recognized, they are also treated as
minors in the eyes of the law, dependant on their husbands (examples include the Moroccan
and Algerian family codes).
We must recognize that as a result of these inequalities in status, women are the most
affected by poverty and social injustice. They are most often the victims during armed
conflicts, are the majority of HIV/AIDS sufferers in Africa (58%), and also must care for
the 15 million children orphaned by this disease, as there is no state welfare system.
Conclusion
In my opinion, the advancement of African women is inevitable and irreversible. And it is
not new, as throughout history women have found the means to overcome enormous
obstacles. African women are beginning to occupy public life, and new social relationships
are being established, but much work remains to be done. Women must reclaim religious
and cultural texts, and interpret them from a feminist perspective; otherwise they will be
victims of unilateral (male) interpretations.
Dr. I. A. Rehman
Cultural relativism arises from a misconception of the origins of human rights. Human
rights have been evolving over centuries, both as moral concepts and as rights. It is very
curious that we do not question the universality of the rights of wounded prisoners or the
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labour standards established by the International Labour Organisation (both of which are
older than the UDHR) but we question the Universal Declaration of Human Rights
(UDHR). The UDHR is criticized as Western-centric, but these other standards and rights
are accepted as universal.
We must recall the historical origins of human rights. During the WWII period, there were
two major struggles: a battle to defend democracy, and a struggle for freedom by colonized
people. Thus, human rights were won by people of the world on the battlefield, through
their struggles during this period. Human rights represent the wisdom of this age, and are
not the monopoly of any particular group.
Arguments given by cultural relativists
One cultural relativist argument is that rich, industrialized Western countries created human
rights to perpetuate their domination of the world. However, many peoples and cultures
have contributed to the development of human rights throughout history. There was a time
when the Chinese had wisdom, then the Arabs, the Greeks, etc. Although Western countries
initially adopted the UDHR, many newly independent countries made contributions to its
further development. For example, the right to development was added in the first decade
following the adoption of the UDHR.
Cultural relativists also argue that the UDHR does not respect cultural diversity. This is not
correct. These rights are intended for all people. We can examine the text itself: all peoplesâ
rights are respected regardless of race, colour, belief, social status, etc. Thus the UDHR
acknowledges that there will always be different beliefs, races, and social status, and yet all
peoplesâ rights are protected. In fact, the elimination of discrimination is one of the central
objectives of the UDHR. At the time, this was a revolutionary idea. Previously, human
dignity had been claimed based on status, strength, capacity, social distinction, etc. The
UDHR replaced these divisions with the concept of equality.
A further argument advanced by cultural relativists is that human rights interfere with local
cultures. This argument is usually given by ruling elites (dictatorships, monarchies, tribal
chiefs, landlords, etc.) who attempt to deny the basic rights of their subjects. In fact, it is a
question of these leaders attempting to maintain power, not of real cultural difference.
Sometimes, differences of belief are used to justify the denial of basic human rights. But
belief has nothing to do with it. All conflicts are actually motivated by material gain. There
are no religious conflicts. Religion is invoked to justify war; cultural demons are created to
justify attacking the enemy. This can be seen throughout history, from the Crusades to
present-day conflicts. In fact, human rights recognize the diversity of cultures, and do not
attempt to impose a monolithic approach.
Furthermore, we must question: What is culture? It is neither static nor unchanging. There
was a time when all peoples were cannibals, and infanticide, polyandry, polygamy, and
slavery were commonplace. People have the right to develop and to be educated; they
should not be forced to remain living in the forest. They have a right to graduate to higher
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forms of culture. However, this process must be voluntary and come from within the group
itself.
Cultural relativism is primarily an imperialist legacy. During the colonial period, people
were made aware of their differences, and divided by the imperial powers. For example, the
genocide in Rwanda has its roots in the colonialist era, when Belgian imperialists
alternately used different groups. The Arabs fought the Turks on the command of the
imperialist powers. In south Asia, one religion was pitted against the other. Thus many of
the regional concepts of cultural difference developed during this period.
Another argument raised is that the human rights system places too much emphasis on the
individual, and cultural communities suffer as a result. This may have been true, but
collective rights are now recognized both within states and between states. Communities
have the right to their natural resources, and states also have collective rights over their
natural resources and territories.
Conclusion
In summary, while it is acceptable for countries to enforce their rights differently, the basic
principles must remain constant. The language, idiom, structure of the judicial system or
political system can vary but the basic principles, such as democracy, must be universal.
The UDHR recognizes this flexibility.
The question of cultural relativism has arisen for two reasons: firstly, it is the legacy of
imperialism; secondly, it results from the lack of respect shown by larger state powers
towards smaller powers. Large state powers maintain double standards; they may preach
human rights to the world but do not respect the rights of the underprivileged within their
own society. These double standards are harming the cause of human rights worldwide.
The real problem is the enormous gap between rich and poor. When countries became
independent, they hoped to solve their problems of poverty. At the time, there was greater
respect for human rights and cultural relativism was not an issue. Now, developing
countries are disheartened, and the gap between rich and poor is growing larger. Cultural
relativism is a reaction to this injustice. But we must learn to fight injustice with other
means. Culturally-relativist arguments are actually perpetuating the disease of injustice that
we are trying to fight.
Question and Answer Session
The following themes were raised during the discussion period:
The cause of African women in the larger context of African development
While certainly the culture of democracy must be established, there is a difference between
the fight for democracy and the fight for womenâs rights. The questions we must ask
include: Are women recognized as complete individuals? Are their rights respected? Can
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their rights be respected in the system we have inherited? This system must be changed,
and in order to change it, we must recognize the aspects that do not work.
The development of enforcement mechanisms
The United Nations and the African Commission have the means to enforce human rights.
However, the enforcement of rights is now in the hands of states and governments. It is a
question of political will; the structures are there but the political will is lacking.
Positive discrimination
Sometimes positive discrimination must be used to correct the social imbalances that
African women have long suffered. This should be done within the framework of social
justice. Women need to transform social and institutional structures and to do so, men must
collaborate with them. Men must be convinced this is not a fight against their rights; rather,
it is a fight for equality, so that everyone can enjoy the same rights.
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