Universal Declaration of Human Rights and UN Convention on Genocide

Brendan O'Hara Excerpts

Thursday 7th December 2023 Westminster Hall

[Brendan O’Hara (Argyll and Bute) (SNP)]

It is a pleasure to see you in the Chair, Ms McDonagh, for this debate to mark the 75th anniversary of the United Nations universal declaration of human rights and the UN convention on genocide. I sincerely thank the hon. Member for Rochdale (Tony Lloyd) for securing this important debate and for the way in which he opened it. I put on record my best wishes to the hon. Member for Henley (John Howell) and wish him a speedy recovery.

To pick up on what the hon. Member for Strangford (Jim Shannon) said, I too am disappointed that a debate of this significance, marking such an important milestone, has not attracted more Members. Irrespective of that, it has been a thoughtful and considered debate. I thank the hon. Member for Strangford, the hon. Member for Putney (Fleur Anderson), and my esteemed colleague, my hon. Friend the Member for Glasgow North (Patrick Grady), for the way in which they have participated.

What has come out of this debate is the harsh and disturbing truth that the UDHR and the genocide convention have rarely been more needed than they are right now. While we can take for granted the fundamental rights of freedom of belief, freedom of speech, human dignity and justice for all, for far too many people that is simply not the case. Attacks based on race, skin colour, religion, belief, gender, sexual orientation, ethnicity and so much else continue to rise in just about every part of the world. I thank the hon. Member for Strangford for his fabulous work as chair of the APPG for international freedom of religion or belief. He is right when he says that not all human rights breaches are violations of FORB, but all violations of FORB are a breach of fundamental, individual human rights, and FORB cannot be hived off or treated any differently.

Members will be aware that throughout this week, in just about every corner of the estate, events have been taking place to mark the UDHR and the genocide convention, with politicians, academics and religious leaders sharing their thoughts on how far we have come and how far we still have to go. Like many Members present, my diary was full of invitations to speak and to attend events, and I managed to get round as many as I could.

However, I will single out one event, which is the event on Tuesday that has been referred to already by my hon. Friend the Member for Glasgow North. It was the event organised by the all-party parliamentary group on human rights and the British Group Inter-Parliamentary Union. Various human rights groups came along, including ABColombia, Amnesty International, the Prisoners of Conscience trust, the Campaign for Human Rights in the Philippines, Freedom from Torture, Peace Brigades International UK, Survivors Speak Out, the University of York’s Centre for Applied Human Rights and Survival International.

Alongside each of those groups was one or more incredibly brave human rights defender—people working at the grassroots in their communities and facing extreme personal danger, but nevertheless doing the work. Listening to their stories confirmed the vital importance of the UDHR, how fragile it is and how we must all work to defend it. In the spirit of what my hon. Friend said, those young people were not just there defending their own human rights or those of their community; they are on the frontline of defending the human rights of every single one of us.

As we have heard, it was on 9 December 1948, in the wake of one of the most heinous episodes in recorded history, that the countries that were then members of the United Nations formally adopted the convention on the prevention and punishment of the crime of genocide. The following day, 10 December 1948, they signed the universal declaration of human rights.

As Professor Brett Scharffs, Director of the International Centre for Law and Religious Studies at Brigham Young University, said at a meeting here in Parliament yesterday, the people behind those conventions,

“were not starry-eyed idealists, nor were they naive. They were battle-weary statesmen and women who had come through two devastating World Wars and were sincerely searching for a better way. Their hope, their optimism and their idealism was hard-earned.”

In a world still reeling from the unspeakable horror of the holocaust, world leaders came together with one voice, saying, “Never again.” Never again, they declared, would the world be plunged into a global conflict of the kind that had dominated most of the first half of the 20th century, and never again would the world be reduced to being a passive bystander when a people or group were facing systematic persecution, ethnic cleansing or genocide based on their nationality, race, religion or ethnicity.

Those world leaders, who had seen for themselves the horrors of the Nazis and who had lived through them, fervently hoped that this new treaty was going to be one of the most transformative and important pieces of legislation in our history. When they said, “Never again”, they meant it. Those dates, 9 and 10 December 1948, changed everything because, as the hon. Member for Putney said, from then on states were not only committed to having a legal obligation to criminalise genocide and punish the perpetrators; they were legally obliged to act if they became aware of a serious risk of genocide.

In reality, unfortunately, it would be more accurate to say that 9 and 10 December 1948 should have changed everything, because bitter experience tells us that gross violations of human rights and genocides have not stopped in the intervening 75 years. Indeed, the crime of genocide has continued almost unchecked, in the killing fields of Cambodia, Bosnia, Rwanda and Darfur, in the mountains of Sinjar, in Syria, in Myanmar, and in many other places.

Despite 150 countries being signatories to the genocide convention, making them legally obliged to act against genocide, we still witness atrocities in Ukraine, Tigray, Darfur, Xinjiang, Afghanistan and Gaza, while other areas display the early warning signs of being at risk. As we mark the 75th anniversary of the UDHR, the sad reality is that the noble ambition of its founders has been lost in a fog of political expediency and the quite uncanny ability of world leaders to ignore the blatant reality of what is staring them in the face.

In 2023, world leaders still roundly condemn atrocity crime, but because of the legal obligation that the genocide convention puts on them, they are still reluctant to call it what it is: a genocide. To avoid having to adhere to their legal responsibilities, they find it easier to ignore the reality of what is happening, thereby fostering a widespread expectation of impunity among the perpetrators.

Sadly, in my experience, when a President, Prime Minister or Secretary of State solemnly declares, “Never again”, what they are in fact saying is, “I genuinely hope this never happens again, but should it happen again on my watch, don’t expect me to do very much about it.”

As was highlighted by the hon. Members for Strangford and for Putney and my hon. Friend the Member for Glasgow North, a huge part of the problem is that this Government still have no atrocity prevention strategy. As late as November 2021, when asked why they do not have one, they replied that they did not believe it was necessary. Minister, is that still the Government’s position? After all that we have seen in Ukraine, Gaza, Tigray, Darfur and Xinjiang, is that really still the UK Government’s position? If it is, will the Minister explain how he thinks that is working?

I expect there to be much backslapping and lots of self-congratulatory speeches in the coming days as the world marks those truly momentous days in December 1948, but it is worth taking a few moments to reflect on the reality of just how far we have actually come in the last 75 years and perhaps consider how those hard-bitten, battle-weary architects of the UDHR and the genocide convention would view what we have done to achieve their ideal of ridding the world of genocide and atrocity crime.