The Complexity of Universalism in Human Rights: Makaumutua

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Chapter 2

MakauMutua

The Complexity of Universalism


in Human Rights

I want to suggest, at the outset, that we must approach all claims of univer-
sality with caution and trepidation. There can be little doubt that visions of
universality and predestination have been intertwined throughout modern
history, and have been deployed as the linchpin for advancing narrow, sectar-
ian, and exclusionary ideas and practices. At the purely theoretical level, there-
fore, we are chastised to look not once, but twice, and again, at universalizing
creeds, messages, ideas, and phenomena. This is not to suggest that universal-
ity is always wrong-headed, or devious, but it is rather to assume that uni-
versality is not a natural phenomenon. In other words, universality is always
constructed by an interest for a specific purpose, with a definite intent.
Second, I want to suggest that all truths are local-they are contextual,
cultural, historical, and time-bound. Again, this is not to say that local truths
cannot become universal truths-they can, but the question is how one gets
there. If we do not understand this basic admonition, we risk repeating the
colossal inhumanities and incalculable mistakes which were wrought by the
evils of slavery (in pursuit of the universalization of the market); Christianity
and Islam (in the quest for the spiritual conquest of non-European and non-
Arabic peoples and the destruction of their cosmologies); and colonization
(in search of the imposition of commerce and Eurocentrism).

Andras Saj6 (ed.), Human Rights with Modesty: The Problem of Universalism, 51-64.
© 2004 Koninklijke Brill Nv.
52 MakauMutua

The question therefore is how local truths are legitimately transformed


into universal creeds-what value judgments are made, who makes those
judgments, how they are made, and for what purpose. Ultimately, we must
ask ourselves what good is intended by universal creeds-and whether they
redound to the benefits of peoples everywhere. For me these questions are
non-negotiable because they must be answered before we can declare a par-
ticular creed universal, in effect a glimpse of eternity, or an inflexible truth.
This is crucial because once we confer such status on a creed or truth, then
that truth becomes transhistorical, universally valid, and urgent. The failure
to comply with it denotes a fundamental breach of civilization, for which the
direst consequences might be borne by the violator.

1. The Forcible Embrace ofHuman Rights


In 1998, amid much fanfare and pageantry, many important personalities and
institutions, including numerous governments, celebrated the fiftieth anni-
versary of the Universal Declaration of Human Rights. That seminal docu-
ment launched human rights internationally, an idea that has arguably given
expression to one of the most important developments of our times. But
largely lost in those celebrations were the voices that problematize the idea
of human rights and point to its difficulties from normative, institutional,
and multicultural perspectives. Perhaps there should have been wrenching,
soul-searching, and probing inquiries into the phenomenon known as the
human rights movement. But it was not to be. Was it because the human
rights movement is an unqualified good, or were critical voices muffied and
silenced? What could have accounted for the universally near-total approval
and unbridled joy that marked the moment of the UDHR milestone?
It is a virtual certainty that the human rights corpus, if fully implemented,
would alter the fundamental character of any state, its cultures, and society.
On that basis alone, without even judging its appropriateness, the doctrine of
human rights bears close scrutiny. It is true that there are emergent debates
and disagreements between scholars, policymakers, and advocates about the
character and purposes to which the human rights corpus should be put.
Some of these debates focus on questions of normativity, the need for a cul-
tural consensus and legitimacy, and the problems of effective and consistent
enforcement. Others suggest a radical reformulation of human rights.These
are the vexing problems that we must urgently address.
Since the human rights corpus has profound implications for all human
societies, particularly those that are non-Western, there is a need to openly
discuss the political agenda of the human rights movement. The movement's
apoliticization obscures its true character and the cultural identity of the

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