Cited by 24Historical and Contemporary Political DynamicsLegal Rights and Human RightsInternational Law and Human Rights

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Declaration as Disavowal: The Politics of Race and Empire in the Universal Declaration of Human Rights

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Mackinnon, Emma Stone·2019·Political Theory

Abstract

This article argues that the Universal Declaration of Human Rights (UDHR), by claiming certain inheritances from eighteenth-century American and French rights declarations, simultaneously disavowed others, reshaping the genre of the rights declaration in ways amenable to forms of imperial and racial domination. I begin by considering the rights declaration as genre, arguing that later participants can both inherit and disavow aspects of what came before. Then, drawing on original archival research, I consider the drafting of the UDHR, using as an entry point the reception of the NAACP’s Appeal to the World petition, edited by W.E.B. DuBois. I reconstruct conversations within the drafting committee about the right to petition, self-determination, and the right to rebellion, and the separation of the Declaration from the rights covenants, to illustrate the allegiances between US racial politics and French imperial politics, and their legacies for our contemporary conceptions of human rights.

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Research works printed but not linked: 21

  1. Independence: Arendt and Derrida on the Problem of Founding a Republic," American Political Science Review 85, no. 1 (March 1991): 97-113.
  2. Patchen Markell, Bound by Recognition (Princeton, N.J.: Princeton University Press, 2003).
  3. Stanley Cavell, Must We Mean What We Say? (Cambridge: Cambridge University Press, 2002 [1969]), 292; see generally chapters 9 and 10.
  4. Morsink 1999. For that hagiography, see for instance the documents from René Cassin's 1968 Nobel Peace Prize award ceremony, available at http://www.nobelprize.org/nobel_prizes/peace/laureates/1968/press.html (last accessed May 8, 2018). French versions in Cassin papers, 382AP152. 20 The reference to 328 years indexes the arrival of slaves in Virginia. National Association for the Advancement of Colored People, An Appeal to the World, W.E.B. DuBois, ed. (New York: NAACP, 1947): 6.
  5. W.E.B. DuBois, The Correspondence of W.E.B. DuBois, Vol. 3: Selections, 1944-1963, ed.
  6. Herbert Apetheker (Amherst: University of Massachusetts Press, 1997): 163.
  7. For an account of the San Francisco conference, see Gerald Horne, Black and Red: W.E.B. DuBois and the Afro-American Response to the Cold War, 1944-1963 (New York: State University of New York Press, 1986): 34-8, and Carol Anderson, Bourgeois Radicals: The NAACP and the Struggle for Colonial Liberation, 1941-1960 (New York: Cambridge University Press, 2015): 63. For the Pan-African Congress petition, see DuBois, Correspondence, Vol. 3, 153-9.
  8. See Carol Anderson, Eyes Off the Prize: The United Nations and the African American Struggle for Human Rights, 1944-1955 (Cambridge: Cambridge University Press, 2003), and
  9. Brenda Gayle Plummer, Rising Wind: Black Americans and US Foreign Affairs, 1935-1960 (Chapel Hill and London: University of North Carolina Press, 1996).
  10. In his 1935 article "A Negro Nation Within the Nation," DuBois had also described "a nation within a nation" as both the product of discrimination and as an accomplishment worth striving for, putting greater emphasis on self-improvement as a response. Milton Konvitz, in the third chapter of the petition, also uses the phrase, citing his own 1941 article of the same title, which surveyed the legal construction of an internal nation through the Supreme Court's repeated moves to uphold segregation. W.E.B. DuBois, "A Negro Nation Within the Nation," Current History 42 (June 1935): 265-270.
  11. See Carol Anderson, Eyes Off the Prize, and Mary Dudziak, Cold War Civil Rights: Race and the Image of American Democracy (Princeton: Princeton University Press, 2011 [2000]). Also, in the UN archives, see E/CN.4/SR.26, pages 8 onward, E/CN.4/77, page 11, and E/CN.4/77.ADD1. For a reading of this as a defeat for the right to petition, see Roland Burke, Decolonization and the Evolution of International Human Rights (Philadelphia: University of Pennsylvania Press, 2010), especially chapter 3.
  12. See page 8, Position Book for the Second Session of Commission on Human Rights, Geneva, Switzerland, Dec. 1-19, 1947, Book 1. Eleanor Roosevelt Papers, Box 1944, Folder "Geneva Conference, December 1947." A separate set of concerns related to the compatibility of a right to petition with the Logan Act; see "Position Book," page 68, Eleanor Roosevelt Papers, Box 1933, Folder Position Book 1947.
  13. For a strong version of this argument, see Mark Mazower, "The Strange Triumph of Human Rights, 1933-1950," The Historical Journal 47, no. 2 (2004): 379-398 36 "Article 36," in Book II of "Detailed Comment on the Long Form Declaration of the International Bill of Rights," page 2. Eleanor Roosevelt Papers, Box 1944, Folder "Geneva Conference Book II." 37 René Cassin to Monsieur Parodi, 30 April 1948, page 4, 382AP128.
  14. See Roland Burke, Decolonization, and Mark Mazower, No Enchanted Palace: The End of Empire and the Ideological Origins of the United Nations (Princeton: Princeton University Press, 2009).
  15. Frederick Cooper, Citizenship Between Empire and Nation: Remaking France and French Africa, 1945-1960 (Princeton: Princeton University Press, 2014): 41.
  16. For his role on the Counseil d'Etat, see Jay Winter and Antoine Prost, René Cassin and Human Rights: From the Great War to the Universal Declaration (New York: Cambridge University Press, 2013): 274-9. For his role at the UN, see 382AP129. 45 Winter and Prost, René Cassin, 276.
  17. See Glenda Sluga, "René Cassin: Les droits de l'homme and the Universality of Human Rights, 1945-1966," Human Rights in the Twentieth Century, Stefan-Ludwig Hoffman, ed. (New York: Cambridge University Press, 2011): 107-124. 47 382AP71. Translations mine.
  18. Though his emphasis is elsewhere, my story here is consistent with Moyn's more recent claim that discussions of human rights within the wartime French Resistance reflected "Jacobin legacies" -inheritances which would be dropped from the UDHR. Samuel Moyn, Not Enough: Human Rights in an Unequal World (Cambridge: Harvard University Press, 2018): 46-7. 51 Morsink, UDHR, 98. 35
  19. Roosevelt, "The Promise of Human Rights." 55 Barbara Keys, Reclaiming American Virtue: The Human Rights Revolution of the 1970s (Cambridge: Harvard University Press, 2014).
  20. Committee on International Social Policy (State Department), "Recommendations with Respect to Specific Articles Formulated by the United Nations Commission on Human Rights at its Second Session in Geneva in December, 1947," pages 1-2.
  21. See Anderson, Bourgeois Radicals and Eyes Off the Prize, and Plummer, Rising Wind, as well as Penny Von Eschen, Race Against Empire (Ithaca: Cornell University Press, 1997), Thomas Borstelmann, The Cold War and the Color Line (Cambridge: Harvard University Press, 2001). 61 "Droits de l'Homme," 10-11, 382AP128.

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Authors
Mackinnon, E. S.
Affiliations
University of Chicago (US)
Corresponding author
Mackinnon, Emma Stone
Venue
Political Theory
Published
2018-06-20
Volume
47
Issue
1
Pages
57-81
ISSN
  • 0090-5917 (ISSN-L)
  • 1552-7476
OpenAlex
W2809303713
Cited by
24
References
0
Citations by year
2025: 1 · 2024: 3 · 2023: 2 · 2022: 3 · 2021: 2 · 2020: 2 · 2019: 11
FWCI
67.31
Type
journal article
Language
en
Open access
Locations
  • Political Theory (publishedVersion)
  • Apollo (University of Cambridge) (submittedVersion)
  • Apollo
Funders
  • University of Chicago Pozen Family Center for Human Rights
  • France Chicago Center
Topics
  • Social Sciences › Arts and Humanities › History › Historical and Contemporary Political Dynamics
  • Social Sciences › Law › Legal Rights and Human Rights
  • Social Sciences › Political Science and International Relations › International Law and Human Rights
Keywords
Universal Declaration of Human Rights, genre, W. E. B. Du Bois, right to petition, self-determination (international law), racial politics, empire, French imperialism, human rights

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