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Today, December 10, 2008 is the 60th anniversary of the Universal Declaration of Human Rights (UDHR). There is also another birthday coming up shortly, on December 15; on that date in 1791 the newly created United States formally adopted the Bill of Rights. The ten amendments to the U.S. Constitution guarantee freedoms of religion, speech, the press, peaceful assembly and petition; the rights of the people to keep and bear arms, and to hold private property; rights to fair treatment for people accused of crimes, protection from unreasonable search and seizure and self-incrimination; and rights to a speedy and impartial jury trial and representation by counsel.

During the 19th and 20th centuries, the U.S. was a beacon of freedom in an unfree world. There were, of course, two major exceptions: black slaves and native Americans and it was not until the 20th century that steps were taken to remove this stain on the reputation of America.

The UDHR is a significant step forward for everyone everywhere by acknowledging that human beings all over the world have inherent rights, that is to say, human rights are not granted by government but exist simply because we are human beings.

In a speech on 5 October 1995, Pope John Paul II called the UDHR "one of the highest expressions of the human conscience of our time". The history of mankind indicates that common people were regarded as little more than serfs or slaves, to be worked and exploited for the benefit of those in power. This was still the case until very recently, when the fall of Communism in the USSR and Eastern Europe, and liberalisation in China substantially reduced the number of people living in bondage and misery.

Even today, of the world's 6.6 billion people, only a minority enjoy human rights, and Bermuda is fortunate to be in that group. Personally, I think human rights such as the right of free speech and freedom from arbitrary arrest are some of mankind's greatest achievements, and in Bermuda we should be supportive of the Human Rights Commission who held its first annual human rights Global Village in Par-la-Ville Park a few days ago, emphasising, especially to children, the importance of human rights on the 60th anniversary of the United Nations Declaration of 1948.

The UDHR, unfortunately suffers from two significant flaws, the second of which is fatal:

It is long-winded and lacks eloquence. It runs to six full pages, and 30 articles, compared to the U.S. Bill of Rights which contains less than 500 words, or even to the Declaration of Independence which states human rights even more succinctly; everyone is entitled "life, liberty and the pursuit of happiness". Not happiness but the pursuit thereof.

It provides for a crescendo of rights; human beings are entitled to such things as social security (article 22), the right to work (article 23), the right to paid vacations (article 24), or to a standard of living adequate for the health and well-being of himself and his family (article 25).

The Founding Fathers of the U.S. would be astounded at all of this. With rights painted as broadly as this, there is no reason why this wish list of rights and economic benefits should ever end.

This really brings us to the absurdity of the UN position. It has misappropriated the language of human rights to bamboozle the public, and to give credence to the idea that everyone has a right to everything, and a responsibility for nothing. The UN treats adults as children by making up a catalogue of rights that can only be achieved at the expense of limiting human freedom.

Everything becomes an "entitlement" for individuals and groups but the hard facts are that nothing is an entitlement, not even food or shelter, both of which have to be produced by somebody's work or they would not exist. The UN assumes it has the power to change the ocean into a sea of lemonade; that things are how they want them to be NOT how they actually are.

To bestow such rights means massive government intervention into the lives of the public, and it means a massive and intrusive government whose power is increased at the expense of freedom for the individual. The underlying assumption is the Marxist notion that to each according to his need, from each according to his ability. This is a notion that created untold misery in the 20th century.

But let us assume that I am mistaken, and given that the UN Charter exists, how does Bermuda fare under its rubric of rights? Five examples are worth considering.

Article 3, in part, states "that everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinctions of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." A substantial part of the Bermuda population is not Bermudian but freedom of speech is curtailed in respect of non-Bermudians making political comments as was the case about a year ago when an expatriate chef was deported for making a joke about the Premier. This is as clear an example as one can find of those in authority paying no attention to the idea of rights.

Article 4 states that "No one shall be held in slavery or servitude". Yet young Bermudians are compelled to serve in the Bermuda Regiment at pay rates way below what they could earn in the open market. Is this not servitude?

Article 12 states that "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation." Well tell that to Larry Dennis, the Government Auditor.

Article 20 states "that no one may be compelled to belong to an association". That must be news to the BIU who insist on everyone who is represented by them being a member of the union.

Article 26 states "Everyone has the right to education." The recent Hopkins Report confirmed that public education is a disgrace.

Clearly, Bermuda has some way to go in all of the 5 instances mentioned above, but we are miles ahead of some of the original signatories such as Iran, Argentina and Burma.

I only wish that the Bermuda HRC would investigate those, and similar cases. Having an exhibition at Par-la-ville for children is fine as far as it goes, but maybe it should look into the Bermuda Government's breach of at least 5 provisions of the UN Declaration of Human Rights.

Is it not possible for Bermuda to have its own Bill of Rights, and that government enforce its provisions?

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