Professional Documents
Culture Documents
Humanrighstbattlefield
Humanrighstbattlefield
Gabriel Blouin-Genest, Marie-Christine Doran,
and Sylvie Paquerot
What are human rights exactly? How are they used—and sometimes
abused—in contemporary politics? How can we understand them beyond
their traditional—and contested—meaning as “rights inherent to all
human beings.”1 What does this meaning entail? If all human beings are
stakeholders of the same rights, large scale racism, gender violence, or
poverty remind us of their nonexistence for most of us.
G. Blouin-Genest (*)
Department of Political Science, Virginia Tech, Blacksburg, VA, USA
e-mail: gblouin@vt.edu
M.-C. Doran • S. Paquerot
School of Political Studies, University of Ottawa, Ottawa, ON, Canada
e-mail: Marie-Christine.Doran@uottawa.ca; spaquero@uottawa.ca
space through which different human rights actors become organized and
mobilized in order to claim a specific understanding/practice of these
rights through the logic of emancipation from their original context or
objectives.” (Blouin-Genest and Paquerot 2016, p. 140). The conceptual
and theoretical framework behind this understanding of human rights as
“battlefields” emphasizes the place/space merging—and framing—the
comprehension of human rights as materializing from struggles and con-
testations in which actors are involved firsthand. This understanding calls
for a re-politicization of human rights that shows how they can challenge
both the political and social orders and how they are used to broaden
society’s democratic space.
In order to do so, we first look at the conflicting history of human
rights and their dominant understandings, followed by an exploration of
their emergence from below. We conclude with a conceptual analysis of
their uses in/for contentious politics.
[w]hen it comes to human rights, the twentieth century has seen the best as
well as the worst: there have been efforts that have never been tried before
to create the institutional basis for the respect of these rights, but also mass
relentlessness to violate them systematically. (Doise 2003, p. 1)
China, Chiquita, Coca-Cola and North Korea are all actors that at
some point invoked human rights in order to defend their actions or pro-
tect themselves from external interventions. These actors are also consis-
tently the target of human rights groups and activists, as well as the UN,
mainly because of constant human rights violations perpetrated under
their authority (and despite being party to multiple international human
rights conventions and treaties).
Thus, conflicts, contestations and oppositions are what characterize
contemporary human right practices and understanding. Rather than hav-
ing a fixed understanding imposed from above, coming from international
law documents, practices and regulations, human rights are subject to
constant redefinition, contestation and reframing by actors. Some of them,
as suggested above, are powerful entities using human rights as a strategic
20 G. BLOUIN-GENEST ET AL.
tool while at the same time violating them or actively supporting their
violations; yet, other actors are directly involved in human rights practices
that oppose and contest the power of these “illegitimate” human rights
strategists. This specific process of resistance arising from human rights
“from below” is tackled in this book and fuels the idea that human rights
still have a solid subversive power despite their rhetorical and strategic use
by transnational companies and dictatorships.
As pointed out by Ife, “[h]uman rights from below would reject any
notion of either needs or rights as being determined, a priori, from above
whether as universal human rights or as common human needs. […]
Human rights from below rather see both needs and rights as construc-
tions. They are defined by human beings in social, political and cultural
contexts” (Ife 2009). Human rights are thus objects of constant
re-appropriation.
Drawing on the example of global water governance, Borrero Navia
reminds us that human rights remain “always in practice in an environ-
ment of forces in conflict, a prolonged process of social and political strug-
gle [which] precedes their recognition” (Borrero Navia 1994, p. 15). We
can add that even when recognized, conflicts and struggles persist in shap-
ing the role human rights and how they frame and shape dominant under-
standings. In fact, as we argue in this book, conflicts and oppositions are
what characterize contemporary human rights practices.
The conflicting and complex history of human rights shows how deeply
interconnected with conflicts, struggles and contestations human rights
are. Interestingly, and despite their conflicting nature, human rights are
nonetheless deeply rooted in the history of “modernity”5 and modern
political liberalism. Democracy, secularization and free will seem to be
inseparable from the contemporary idea of human rights. In this perspec-
tive, human rights refer to the principles of freedom and equality and to
the fundamental right of every human being to self-determination, the
right to decide for oneself.
Human rights are nonetheless deeply contested and rearticulated on a
consistent basis, even in their Western/liberal practices. Although the
roots of human rights can be found in multiple civilizations and cultures
(Leuprecht 2011, p. 112), their translation/materialization into interna-
tional law, documents and practices largely originates from the paradigm
of Western modernity and liberalism, at the heart of which political free-
dom appears as its core element. Interestingly, and despite their Western
and liberal origin, there are very few international law concepts that seem
HUMAN RIGHTS AS BATTLEFIELDS: POWER RELATIONS, TRANSLATIONS… 21
They emerge from actors and practices that are not de facto delineated by
pre-existing paradigms or structures. They broaden, we argue, a society’s
democratic space by challenging the social and political order. The con-
cept of a political “field”8 is central to this understanding of human rights
as the place/space where meaning emerges through struggles, conflicts
and oppositions.
Understood as such, human rights have a form of independence from
their liberal and Western origin. They should not, then, be conflated with
their—conflicting and paradoxical—use and instrumentalization by differ-
ent actors. They need to be understood as a place for interaction between
actors within different networks, a place/space where power struggles,
societal relations and interactions are translated, creating meanings and
understandings that can thus be invoked, contested or resisted. They can
then become “battlefields.”
meanings for the same words/concepts that contest the hegemonic mean-
ing. They may be transformed and translated into discursive chains that
will make many voices converge and achieve counter-hegemonic meaning,
thus contesting and sometimes transforming the shared meaning of a par-
ticular signifier. There may be many specific important ‘sites of antago-
nism’ in a given social space and when they become contested by many
articulations of meaning or discourses:
Key for us here is that new meanings stem from a direct contestation of
and confrontation with old ones. These new meanings may also be
reversed, in turn, because the flux of meaning is always at play in the ‘con-
stitutive exteriority’ of which the social is made (Doran 2016, pp. 41–69).
This perspective thus calls upon a scenario of struggles for meaning that
may be observed in order to “empirically show the emergence of struggles
for meaning having measurable political effects” (Doran 2016, p. 53).
Deeply rooted in this perspective is the idea that politics—or the politi-
cal—is a conflictual space (or moment in Husserlian terms) where mean-
ings and significations are challenged or dislocated by contesting
antagonisms, and then become rearticulated in new ways: “‘Politics’ is an
ontological category: there is politics because there is subversion and dis-
location of the social. This means that any subject is, by definition, politi-
cal” (Laclau 1990, p. 61).
This process of challenging established meanings and rearticulating
counter-hegemonic ones is observable, we argue in this volume, from the
perspective of human rights from below, which appear as particularly
meaningful and fruitful contested objects. The contributors to this vol-
ume document and analyze multiple practices of human rights from
below that challenge dominant or deviant uses of human rights. Some of
the case studies clearly highlight struggles and confrontations, while oth-
ers show more advanced processes of subversion and the emergence of
new counter-hegemonic meanings. Throughout the different case studies
explored, we witness discursive interactions apprehended by ANT and
26 G. BLOUIN-GENEST ET AL.
[it] present[s] a new way to think about democracy that is different from the
traditional liberal conception of democracy as a negotiation among interests
[…]. [W]hile we desire an end to conflict, if we want people to be free we
must always allow for the possibility that conflict may appear and to provide
an arena where differences can be confronted. (Mouffe and Castle 1998)
Notes
1. http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx,
accessed on January 10, 2018.
2. The tyranny of La Terreur perfectly illustrates this usurpation of power
when Robespierre and his followers decided to eliminate the popular com-
ponent of the French Revolution. Despite this treason, the fundamental
intuition of the 1789 Declaration of the Rights of Man and of the Citizen,
that rights will have to be constantly defended from the standpoint of popu-
lar sovereignty and democracy, remains entirely true today.
3. In many countries with a strong legal and human rights framework, such as
Colombia for example, belonging to a human rights organization was seen
during the armed conflict that ended in 2016 as the equivalent of support-
ing the leftist guerillas, which often translated into death warrants for human
28 G. BLOUIN-GENEST ET AL.
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