[ssf] freedom from our social prisons

[anthony ravlich]

Attention: The Editor,

 

 

Your members may be interested in the following and the
attached article, ‘Global Systematic Discrimination against the Poor’ sent for discussion as it shows how by the omission of a number of human rights neo liberalism and globalization subjects those outside the establishment to considerable discrimination - this involves the independent peoples with discrimination particularly extreme on the most disadvantaged and according to the statistics also extreme in New Zealand on children. If the discontented want their human rights they will need to struggle to have the omitted rights included in domestic and international human rights law. An important point here is that it is the State and the international system that is, by far, mainly to blame for our social problems so we should go easy on ourselves and others


 

 

 

Anthony Ravlich

Chairperson

Human Rights Council Inc. (New Zealand)

10D/15 City Rd.

Auckland
 City.

New
  Zealand.

Ph: (0064) (09) 302 2761

 

 

 

 

My newly released Paperback – _‘Freedom from our Social
Prisons: the rise of economic, social and cultural rights’ (Lexington Books, Maryland, USA,
Rowman and Littlefield Pub) has a high New Zealand content. It is described
by the publishers as having ‘excellent’ international sales. However no one in New Zealand is
prepared to do a review of the book so although it is in many libraries people
have not been informed of this. See ordering details below.

 



In a nutshell, a number of human rights have been omitted i.e. core minimum
obligations, the empowerment rights to development and human rights education
and non retrogression (see below), from domestic and international human rights
law. These rights were excluded because they were seen by the United Nations
and global elites as incompatible with globalization and, in my view, the
expansion of Western Corporations. These rights exclusion disproportionately
discriminate against those outside of the establishment – the independent
peoples and small business, beneficiaries and those who fall through the cracks
– the under class. But also, despicably in my view, wages almost a semi-war on
defenceless children who have with high levels of poverty, abuse and many going
to school hungry (see Kidscan on the internet). An OECD report released in
September 2009 said New
  Zealand children were among the most
deprived in the developed world, with poor rates of safety, low family income
and high incidence of child abuse (1). Furthermore, a UNICEF report shows New Zealand has
one of the highest rates of child death from maltreatment (physical abuse and
neglect) among OECD countries (2). This is what happens in a ‘now’ society
where discrimination leads to a desperate struggle for survival and where only
short-term profits matter and the future (which primarily affects the children)
and the long term interests of the country are considerably undervalued. That New Zealand has
performed much worse than most other OECD countries may reflect the neo liberal
purity pursued by our governments resulting in much discrimination inflicted on
the population, particularly extreme on the most disadvantaged.

 



But this is not new – this discrimination has been the case since neo liberal
policies were adopted in 1984 but to explain what has happened, just one
example, the United Nations had the opportunity to include core minimum
obligations which would have prevented the creation of under classes which
appeared shortly after the introduction of neo liberalism and globalization.
However in the human rights instrument dealing with economic and social matters
discussed over the past four years it did not do so. 

 

 

Consequently the creation of such under classes (which are
now likely to get larger due to the financial crisis) is being condoned by the
international human rights establishment. This also means that the wishes
primarily of the Western powers are overruling both the UN Charter and the
Universal Declaration of Human Rights both of which the UN has a duty to uphold
yet the latter failed to intervene. Again the children of the future are being
overlooked at the global level – its simple political expedience.

 



However with respect to the omission of rights to achieve globalization I argue
that in human rights terms the ends cannot justify the means i.e. the exclusion
of these rights which discriminates against the majority. Also the
globalization being pursued is an ‘elitist’ globalization because it increases
the gap between rich and poor (or redistributes the wealth from the bottom up)
and only focuses development at the level of the middle classes and the
Corporations. I maintain that the approach far more compatible with human
rights is an ‘ethical’ globalization (see attached article).

 



You may remember Martin Luther King observing that blacks had been left out of
the ‘all men are equal’ principle in the American Constitution and fought to
have blacks also recognized as equal. We have to have these omitted rights
included in domestic and international human rights law. What makes this
possible is because more than anything neo liberal elites rely very heavily on
‘looking good’. However truth such as the exclusion of the rights cuts through
illusions. However as observed by George Orwell: ‘In a time of universal
deceit, telling the truth is a revolutionary act’. But it is particularly
important i.e. fact a duty, to inform people about these excluded rights
because it helps explain sometimes the extreme difficulty people are having in
helping themselves and being individually responsible in their action. They
need this understanding to go easy on themselves and others.

 



People who are unhappy about the situation typically say ‘what can I do about
it’? But now we know that human rights have been left out of international and
domestic human rights law. So you can use your imagination but a few
suggestions: you could let your friends and acquaintances know about these
rights exclusions and consequently why they may feel discriminated against. And
you could also lend moral support to NGOs, such as our council, Penny Bright’s
Waterpressure Group and others struggling to have these rights included e.g.
perhaps occasionally ring talk back and support NGOs trying to do so.

 



[The excluded rights (which consist of the bottom-up rights) are the core
minimum obligations of the State (devised by the UN Committee on Economic,
Social and Cultural Rights), the empowerment rights (which enable people to
help themselves) to development and human rights education. This also ensures
not only individual development but social development so we do not simply
degenerate into a tribal culture where the elite fear change and rest fear
isolation by the elite. Such tribal societies are often unable to progress on
their own merits and hard work. Also excluded was non-retrogression which
allows governments to remove existing rights (e.g. allowing tertiary fees and
loans) or reduce people to below the poverty line (e.g. benefit cuts, market
rentals for HNZ homes). The bottom-up approach to human rights described in my
book also deals with civil and political rights the core minimum obligations of
which have also not been included allowing States to overlook the rights of the
worst off (all treated in much greater detail in my book but also see the
attached article)].

 



I am an ‘outsider’ in the domestic and international human rights establishment
because of my beliefs and my work involves seeking the truth something the rich
and powerful have always had difficulty with throughout history. However,
Rosslyn Noonan, Chief Human Rights Commissioner, told me she knows of no one
better in my field and also so far I have received nine emails from Noam
Chomsky (see further intellectual support below). While I am virtually persona
non grata in the human rights/political establishment on May 27, 2009 I was
contacted by the John Key’s office stating that ‘the Prime Minister will
appreciate your taking the time to write to him’ indicating that the truths
expressed are respected in certain quarters.

 

 

 

(1) Dr Annabel Taylor, senior lecturer in social policy and
social work practice at the University
 of Canterbury and chair
of the Family Help Trust,OECD report
indicative of woeful response to child abuse prevention

- Press Release, 3 September 2009

 (2) Save the Children
New Zealand Executive Director John Bowis Child abuse deaths unacceptably high
In New Zealand,
19 September 2003 

 

 

 



The attached article is entitled Global Systematic Discrimination against the
Poor. Yash Ghai (UN Special Rapporteur to Cambodia and who spoke at a recent
Commonwealth Conference and who has been supportive of me over the years)
stated with respect to the latter article: “This is very interesting. Where have
you published it? I would like to quote it” (September 5, 2009). Also it has
been read by another of my major supporters, Noam Chomsky – see the attached
correspondence. Further intellectual comments – see below.

Ordering Details

 The book can be ordered on the Lexington
Books website. Or you can use my author’s discount of 20% and order from DA
distributors in Australia
(orders at nbninternational.com
<http://nz.mc505.mail.yahoo.com/mc/compose?to=orders@nbninternational.com>).
The book is also being sold at some University Bookshops but at a very high
price. The cost is $US32.95. Also it is being sold internationally and there
are many websites which sell it e.g. Amazon, the Nile.co.nz, (you can phone or
email me for further info: Ph (09) 302 2761). 

 

 



Intellectual
Comments re ‘Bottom-Up’ Human Rights Approach





 "In his
noteworthy new book, Anthony Ravlich reminds us of the critical need for
comprehensive human rights education in order for the poor and disadvantaged to
be able to hold state's accountable to fulfill their minimum core obligations
under economic and social human rights law. Ravlich accurately points to the
devastating impact of structural violence and neoliberal economic policies on
the lives of millions who now live in squalor and poverty. He effectively
argues that economic globalization proceeded prematurely as it did not include
simultaneous economic and social rights protection. Ravlich eloquently calls on
states to stop "fudging" on their core minimum obligations and
respect the economic rights of the poor. This informed study will be of great
use to all concerned with social justice."—William F. Felice, professor of
international relations and global affairs, Eckerd College

 



His Honour Judge Philip Recordon_ (Waitakere, Auckland , New Zealand
) – comment after reading the book: “Very good. Neo liberalism/underclass
interesting and very well written” (letter dated 17 December 2008)

 



Professor Jim Ife: I do like your approach to human rights, which from my point
of view have to be 'bottom-up' if they are to have any relevance and to be
meaningful to people. I am just finishing a book, to that effect, called
"Human Rights from Below" - which seeks to integrate human rights and
community development (the latter understood in an organic and bottom-up way,
not in UN terms!). Jim Ife is a visiting Professor to the Department of Social
Practice, UNITEC, Auckland
. He was formerly Professor of Human Rights at Curtin
University , Perth
and previously Professor of Social Work at the University
of Western Australia , Perth .

 



 Noam Chomsky_: “Thanks for sending. On a
quick scan, looks most interesting”.May 26, 2008. Sent letter on November 17,
2008: “I’m very glad to learn about what you are doing, and hope to find time
before too long to read the book carefully”. I have had eight emails from Noam
Chomsky in regard to my work – often with supportive, helpful comments and he
has critiqued one of my short articles.

 



Ellie Palmer_ LLB ( Manchester ), MA PGCE
(Glasgow), Lecturer, Department of Law, Human Rights Centre, University of Essex
: “This is a good idea. It takes a long time for relevance of books to filter
through. I've ordered it. I like your thesis very much”. May 05, 2008

 



Njal Hostmaelingen, Norwegian Human Rights Centre, Editor of the Nordic Journal
of Human Rights: “This project seems highly interesting! The best help I could
give you is to find space for a book review in the Nordic Journal of Human
Rights,

 where I am the editor”.

 



Yash Pal Ghai : As of 2007 he is the head of the Constitution Advisory Support
Unit of the United Nations Development Programme in Nepal
and a Special Representative of the UN Secretary General in Cambodia on human rights. He has
been a Fellow of the British
 Academy since 2005. He
was the Sir YK Pao Professor of Public Law at the University of Hong Kong
starting in 1989. He has been an Honorary Professor there since his retirement
in 1995. “Congratulations--very valuable. Did your publisher write to me for a
sentence or two on the back cover? I fear I forgot to reply--too busy, and do
not normally write such sentences. If I had connected the book to you, I would
have been more forthcoming. Is it too late? I will make sure that the existence
of the book is brought to the attention of the right people and institutions.
May 12, 2008

 



Khaled Abou el Fadl_, The Omar and Azmeralda Distinguished Professor in Islamic
Law, has been awarded The University of Oslo's Human Rights Award, The Lisl and
Leo Eitinger Prize. Professor Abou el Fadl is one of the leading authorities in
Islamic law in the United States
and Europe . Alfi Professor of Law. UCLA School
of Law: “I find your pedagogical approach to teaching human rights fascinating.
I would like to request a gratis copy of your book for possible adoption in my
human rights course. October 9, 2008.

 

 

Bishop Patrick Dunn_ (Catholic, Auckland) “Thanks for your latest piece of
research. I do admire your erudition (Sept 18).








      
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