Welcome to the Post-Human Rights World

Less than two months in, President Donald Trump is already shaping up as a disaster for human rights. From his immigration ban to his support for torture, Trump has jettisoned what has long been, in theory if not always in practice, a bipartisan American commitment: the promotion of democratic values and human rights abroad.

Worse is probably set to come. Trump has lavished praise on autocrats and expressed disdain for international institutions. He described Egyptian strongman Abdel Fattah al-Sisi as a “fantastic guy” and brushed off reports of repression by the likes of Russia’s Vladi­mir Putin, Syria’s Bashar al-Assad, and Turkey’s Recep Tayyip Erdogan. As Trump put it in his bitter inauguration address, “It is the right of all nations to put their own interests first. We do not seek to impose our way of life on anyone.” Kenneth Roth, the executive director of Human Rights Watch, has written that Trump’s election has brought the world to “the verge of darkness” and threatens to “reverse the accomplishments of the modern human rights movement.”

But this threat is not new. In fact, the rise of Trump has only underlined the existential challenges already facing the global rights project. Over the past decade, the international order has seen a structural shift in the direction of assertive new powers, including Xi Jinping’s China and Putin’s Russia, that have openly challenged rights norms while at the same time crushing dissent in contested territories like Chechnya and Tibet. These rising powers have not only clamped down on dissent at home; they have also given cover to rights-abusing governments from Manila to Damascus. Dictators facing Western criticism can now turn to the likes of China for political backing and “no-strings” financial and diplomatic support.

This trend has been strengthened by the Western nationalist-populist revolt that has targeted human rights institutions and the global economic system in which they are embedded. With populism sweeping the world and new superpowers in the ascendant, post-Westphalian visions of a shared global order are giving way to an era of resurgent sovereignty. Unchecked globalization and liberal internationalism are giving way to a post-human rights world.

All this amounts to an existential challenge to the global human rights norms that have proliferated since the end of World War II. In that time, the Universal Declaration of Human Rights, adopted in 1948, has been supplemented by a raft of treaties and conventions guaranteeing civil and political rights, social and economic rights, and the rights of refugees, women, and children. The collapse of the Soviet Union and the end of the Cold War served to further entrench human rights within the international system. Despite the world’s failure to prevent mass slaughter in places like Rwanda and Bosnia, the 1990s would see the emergence of a global human rights imperium: a cross-border, transnational realm anchored in global bodies like the U.N. and the European Union and supervised by international nongovernmental organizations and a new class of professional activists and international legal experts.

The professionalization of human rights was paralleled by the advance of international criminal justice. The decade saw the creation of ad hoc tribunals for Rwanda and the former Yugoslavia and the signing in 1998 of the Rome Statute that created the International Criminal Court — an achievement that then-U.N. Secretary-General Kofi Annan hailed as a “giant step forward in the march towards universal human rights and the rule of law.” On paper, citizens in most countries now enjoy around 400 distinct rights. As Michael Ignatieff wrote in 2007, human rights have become nothing short of “the dominant language of the public good around the globe.”

Crucially, this legal and normative expansion was underpinned by an unprecedented period of growth and economic integration in which national borders appeared to disappear and the world shrink under the influence of globalization and technological advance. Like the economic system in which it was embedded, the global human rights project attained a sheen of inevitability; it became, alongside democratic politics and free market capitalism, part of the triumphant neoliberal package that Francis Fukuyama identified in 1989 as “the end point of mankind’s ideological evolution.” In 2013, one of America’s foremost experts on international law, Peter J. Spiro, predicted that legal advances and economic globalization had brought on “sovereigntism’s twilight.” Fatou Bensouda, the current chief prosecutor of the ICC, has argued similarly that the creation of the court inaugurated a new era of post-Westphalian politics in which rulers would now be held accountable for serious abuses committed against their own people. (So far, no sitting government leader has.)

But in 2017, at a time of increasing instability, in which the promised fruits of globalization have failed for many to materialize, these old certainties have collapsed. In the current “age of anger,” as Pankaj Mishra has termed it, human rights have become both a direct target of surging right-wing populism and the collateral damage of its broader attack on globalization, international institutions, and “unaccountable” global elites.

The outlines of this new world can be seen from Europe and the Middle East to Central Asia and the Pacific. Governments routinely ignore their obligations under global human rights treaties with little fear of meaningful sanction. For six years, grave atrocities in Syria have gone unanswered, despite the legal innovations of the “responsibility to protect” doctrine. Meanwhile, many European governments are reluctant to honor their legal obligations to offer asylum to the hundreds of thousands of people fleeing its brutal civil war.

To be sure, not all of these developments are new; international rights treaties have always represented an aspirational baseline to which many nations have fallen short. But the human rights age was one in which the world, for all its shortfalls, seemed to be trending in the direction of more adherence, rather than less. It was a time in which human rights advocates and supportive leaders spoke confidently of standing on the “right side of history” and even the world’s autocrats were forced to pay lip service to the idea of rights.

If the human rights age was one in which the contours of history were clear, today it is no longer obvious that history has any such grand design. According to the latest Freedom in the World report, released in January by Freedom House, 2016 marked the 11th consecutive year of decline in global freedom. It was also a year in which 67 countries suffered net declines in political freedoms and civil liberties. Keystone international institutions are also under siege. In October, three African states — South Africa, Burundi, and Gambia — announced their withdrawal from the ICC, perhaps the crowning achievement of the human rights age. (Gambia has since reversed its decision, following the January resignation of autocratic President Yahya Jammeh.) Angry that the ICC unfairly targets African defendants, leaders on the continent are now mulling a collective withdrawal from the court.

African criticism reflects governments’ increasing confidence in rejecting human rights as “Western” values and painting any local organization advocating these principles as a pawn of external forces. China and India have both introduced restrictive new laws that constrain the work of foreign NGOs and local groups that receive foreign funding, including organizations advocating human rights. In Russia, a “foreign agent law” passed in 2012 has been used to tightly restrict the operation of human rights NGOs and paint any criticism of government policies as disloyal, foreign-sponsored, and “un-Russian.”

In the West, too, support for human rights is wavering. In his successful campaign in favor of “Brexit,” Nigel Farage, then-leader of the UK Independence Party, attacked the European Convention on Human Rights, claiming that it had compromised British security by preventing London from barring the return of British Islamic State fighters from the Middle East. During the U.S. election campaign, Donald Trump demonized minorities, advocated torture, expressed admiration for dictators — and still won the White House. Meanwhile, a recent report suggests that Western support for international legal institutions like the ICC is fickle, lasting only “as long as it targets other problems in other countries.”

In the post-human rights world, global rights norms and institutions will continue to exist but only in an increasingly ineffective form. This will be an era of renewed superpower competition, in what Robert Kaplan has described as a “more crowded, nervous, anxious world.” The post-human rights world will not be devoid of grassroots political struggles, however. On the contrary, these could well intensify as governments tighten the space for dissenting visions and opinions. Indeed, the wave of domestic opposition to Trump’s policies is an early sign that political activism may be entering a period of renewed power and relevance.

What, then, is to be done? As many human rights activists have already acknowledged, fresh approaches are required. In December, RightsStart, a new human rights consultancy hub, launched itself by suggesting five strategies that international rights NGOs can use to adapt to the “existential crisis” of the current moment. (Full disclosure: I have previously worked with one of its founders.) Among them was the need for these groups to “communicate more effectively” the importance of human rights and use international advocacy more often as a platform for local voices. Philip Alston, a human rights veteran and law professor at New York University, has argued that the human rights movement will also have to confront the fact that it has never offered a satisfactory solution to the key driver of the current populist surge: global economic inequality.

In a broader sense, the global human rights project will have to shed its pretensions of historical inevitability and get down to the business of making its case to ordinary people. With authoritarian politics on the rise, now is the time to re-engage in politics and to adopt more pragmatic and flexible tactics for the advancement of human betterment. Global legal advocacy will continue to be important, but efforts should predominantly be directed downward, to national courts and legislatures. It is here that right-wing populism has won its shattering victories. It is here, too, that the coming struggle against Trumpism and its avatars will ultimately be lost or won.

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