Seventy-six years after the Universal Declaration of Human Rights (UDHR) was adopted on December 10, 1948, no country has ever voted against it. Despite the adoption of the Universal Declaration of Human Rights, fundamental rights such as access to education, food, clothing, housing, and healthcare, as well as employment, equality, fair trials, freedom of movement, freedom of speech and belief, the right to fair and adequate remuneration, the right to participate in the governance of one's country, and freedom from fear and want remain unmet in many parts of the world.
Every day, numerous human rights violations are reported globally, even though the world celebrates the adoption of the UDHR with optimism and enthusiasm. The question arises: Why has the promise of basic human rights still not been realised? The answer may lie in the history of how the UDHR was drafted.
The UDHR emerged in the aftermath of World War II, a time when the world was trying to establish a new global order. Following the creation of the United Nations (UN) in 1945, the Cuban delegation proposed a "Declaration of International Duties and Rights of Man," but it was rejected. The UN General Assembly decided that the responsibility for drafting an international bill of rights lay with the Economic and Social Council (ECOSOC), which set up a preparatory committee known as the "Nuclear Commission." Initially, the commission proposed a group of 18 non-governmental members, but this met resistance from the Soviet Union and other delegates who preferred government representatives. As a result, the commission was restructured with government delegates.
Under the leadership of Eleanor Roosevelt, the first session of the Commission on Human Rights took place in January 1947. The commission decided that a small drafting committee would be tasked with creating a preliminary draft of the International Bill of rights. A dispute arose when the Soviet delegate, Mr. Tepliakov, proposed that the entire commission handle the drafting. This suggestion was rejected by the majority. However, when the report of the Commission on Human Rights (E/259) was presented at the fourth session of ECOSOC in 1947, Mr. Morozov (from the Union of Soviet Socialist Republics) and several other members raised concerns about the size of the drafting committee. In response, Eleanor Roosevelt proposed expanding the committee to include representatives from eight countries: Australia, Chile, China, France, Lebanon, the USSR, the United Kingdom, and the United States. The Drafting Committee convened from June 9 to 25, 1947, and was presented with a "Draft Outline of the International Bill of Rights," which included 48 articles on individual human rights. René Cassin, the French representative, reorganised these articles to align with the committee's discussions. During the second session in December 1947, the commission debated the structure of the international bill, deciding to adopt a declaration first, followed by a convention. The draft was then sent to member states for feedback.
The UDHR remains a monumental achievement. Despite its shortcomings in implementation, it has influenced constitutions in over 90 countries and serves as the foundation for thousands of court decisions globally
The second session of the drafting committee in May 1948 reviewed comments from 14 member states, including Egypt, Pakistan, Canada, and the United States. The committee then presented a revised draft with 30 articles for the declaration and 27 articles for a draft covenant. However, they were unable to finalise the implementation measures. At the third session in June 1948, the revised declaration was adopted with 12 votes in favor and 4 abstentions, from Byelorussia, the USSR, Yugoslavia, and Ukraine—all socialist states. While they did not vote against the declaration, their abstentions reflected the Cold War tensions that influenced the drafting process.
After further review by ECOSOC, the final draft was presented to the UN General Assembly, which formally adopted the UDHR on December 10, 1948, with 48 votes in favor, 8 abstentions, and no votes against. Notably, six of the abstentions came from socialist states. This reflected the division between Western and Eastern blocs during the early years of the Cold War.
The drafting process reveals much about the geopolitical context of the time. The United States and the Soviet Union were emerging as global superpowers. Eleanor Roosevelt advocated for a declaration that would be non-binding, followed by a binding covenant on civil, political, and economic rights. The Soviet representative, Mr. Tepliakov, believed it was premature to decide on the legal form of the rights bill, and he did not support the covenant at this stage. Both the USSR and the United States were aligned on this issue, as they sought to maintain their dominance in the emerging world order. Many other countries, including India, Panama, and Australia, favored a declaration with implementation measures.
Mrs. Roosevelt hoped that the accompanying covenant on human rights would be approved by the General Assembly in 1949. However, it took nearly three decades for the two covenants—the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR)—to enter into force in 1976.
The delayed implementation of these covenants, combined with ongoing political and economic interests, explains why basic human rights are still not universally protected. States often sacrifice human rights for financial or political gain, and in many countries, powerful corporations and elites impede citizens' rights to maintain control over state machinery for their benefit.
Nevertheless, the UDHR remains a monumental achievement. Despite its shortcomings in implementation, it has influenced constitutions in over 90 countries and serves as the foundation for thousands of court decisions globally. The UDHR has united human rights defenders worldwide, and its principles continue to guide their struggles for justice. Human rights organisations, defenders, and UN bodies must continue to work tirelessly to protect the rights of people across the globe.
In conclusion, while the UDHR represents a groundbreaking international consensus on human rights, its promises are far from being fully realised. The geopolitical struggles of the time, the Cold War tensions, and the compromises made during the drafting process have all contributed to the slow pace of implementation. However, the UDHR’s enduring legacy continues to inspire and provide hope for the realisation of human rights for all.