Chapter 3. The right to work and the Refugee Gap
3.4 Origin of the right to work
3.4.6 Cuban draft plan
By October 1948, Cuba had presented a draft plan of work, so that the Declaration was
‘clearer, more precise and more easily accessible by all countries’.582 The USSR, as seen in Document E/800, believed that economic, social and cultural rights (Articles 21-26) occupied special importance, and it was therefore a ‘… duty of the State and society to take all necessary measures, including legislative measures, to ensure for every individual a real opportunity to enjoy all the rights mentioned in the Declaration’.583 Article 21, the right to work, was adopted by the Commission on Human Rights584 but the USSR still wanted amendments, insisting that
576 Ninth International Conference of American States (E/CN.4/122) in WA Schabas ibid 1827-34.
577 Draft International Declaration of Human Rights (Draft United Nations Declaration of Human Rights, (E/CN.4/148/Add.1, 18 June 1948 Annex A) ibid 1944.
578 Report of the Third Session of the Commission on Human Rights, E/800, 28 June 1948.
579Appendix, Statement Made by the Delegation of the Union of Soviet Socialist Republics, in the Commission on Human Rights on the Results of the Commissions Work, 18 June 1948, WA Schabas ibid 1980.
580 Report of the Third Session of the Commission on Human Rights, E/800, E/800/Corr.1, E/800/Add.1, E/AC.27/W.1, E/857 and E/1009, E/SR.215 ibid 2004.
581 Colombia and Cuba: Table of Correlation of Articles of the Draft International Declaration of Human Rights and the American Declaration of the Rights and Duties of Man (E/800 and E/CN.4/122, A/C.3/214, 1 October 1948) in WA Schabas, The Universal Declaration of Human Rights: The Travaux Préparatoires, Vol III September to December 1948 (CUP 2013) 2042-44.
582 A/C.3/218, 4 October 1948 cited in WA Schabas ibid 2076-81.
583 Compilation of Amendments to the Draft Declaration of Human Rights Submitted to the Third Committee, (A/C.3/230, 6 October 1948) ibid 2124.
584 Ibid.
the State and society should ‘guarantee this right by measures calculated to provide everyone with the broadest of opportunities for useful work, and to prevent unemployment’.585
Furthermore, Cuba wanted Article 21 broken up so that the first paragraph read: ‘Every person has the right to work, under proper conditions, and to follow his vocation freely, in so far as existing conditions of employment permit’.586 This was followed by Argentina’s request to amend, inter alia, Article 21 so that Paragraph 2 was substituted with: ‘Every person has the right to a fair remuneration for the work which he performs on the basis of equal pay for equal work’.587 Sweden also wanted Article 21 amended to acknowledge that workers had natural liberty to abstain from work if they were not happy with the economic terms, suggesting the first paragraph should end with: ‘Everyone has the right to cease work, when finding it impossible to work on the economic terms existing or offered’.588
Lebanon, on the other hand, wanted Article 21 amended to add ‘and to a free choice work and of his mode of life’ to the words ‘everyone has the right to work’.589 Another proposed amendment came from New Zealand which wanted the right to belong to a trade unions to be included.590 Uruguay wanted a paragraph added to state that no one should be compelled to belong to a trade union.591
In the text adopted by the Commission on Human Rights,592 Article 21 was re-evaluated to reflect the views of the Union of Soviet Socialist Republics (E/800), United States of America (A/C.3/223), Cuba (A/C.3/232), Argentina (A/C.3/251), Sweden (A/C.3/252), Lebanon
(A/C.3.260), New Zealand (A/C.3/267) and Uruguay (A/C.3/268). Sweden subsequently
585 Ibid 2124.
586 Cuba: Amendments to Articles 10 – 22 of the Draft Declaration (A/C.3/232, 7 October 1948) in WA Schabas ibid 2141.
587 Argentina: Amendments to Articles 20, 21, 22, 23 and 24 of the Draft Declaration (E/800) A/C.3/251.
588 Sweden: Amendments to Articles 16, 19 and 21 of the draft Declaration (E/800) (A/C.3/252 of 9 October 1948) in WA Schabas ibid 2167.
589 Lebanon: Amendments to Draft Declaration (E/800) (A.C.3/260, of 12 October 1948) ibid 2204.
590 New Zealand: Amendments to Preamble and Articles 10, 12, 20, 21, 22, 23 and 27 of the draft Declaration (E/800) (A/C.3/267, 12 October 1948) ibid 2210.
591 Uruguay: Amendment to the Draft Declaration (E/800) (A.C.3/268, 12 October 1948) ibid 2213.
592 Recapitulation of Amendments to Article 21 of the Draft Declaration (E/800) (A/C.3/298/Rev.1, 25 October 1948) but the actual date of issuance of A/C.3/298/Rev.1 was 30 October 1948 ibid 2328.
withdrew its amendment on the right to union membership, referring to the International Labour Organization as the appropriate body to handle such a question.593 The Union of Soviet Socialist Republics representative, Mr. Pavlov, said that unemployment was one of the greatest
misfortunes of the working class and it was therefore prudent to compel States to take responsibility or measures to prevent unemployment.594
The Greek representative, Mr. Contoumas, noted that the right to free choice of work was already established in the Declaration of Philadelphia of the International Labour
Organization;595 in his view, Article 21 ought to express the right in accordance with this declaration. Mr. de Athayde of Brazil was happy with the way the article on the right to work had been formulated, especially with regard to equal pay for equal work and freedom to join trade unions. However, he favoured the approach where ‘an individual’s work ought to conform to his aptitudes and productivity.596 It was further noted that the rights in Article 21 were already included in the Constitution of Chile according to that country’s representative, Mr. Santa
Cruz.597
Mr. Altman of Poland further argued that if States’ and society’s obligations regarding the right to work and protection against unemployment were omitted from Article 21, it would become meaningless and abstract.598 He further emphasized that States needed to ensure the ‘just and favourable conditions of work’ because accidents caused by poor working conditions were fairly common.599 He regretted the withdrawal of the Swedish amendment but said the right to strike was ‘of major importance’ and should be included in the declaration.600
593 Summary Record of the Hundred and Thirty-Ninth Meeting of the Third Committee (A/C.3/SR.139, 16 November 1948) in WA Schabas ibid 2600.
594Ibid 2601.
595 Ibid 2603.
596 Ibid 2604.
597 Ibid.
598 Ibid 2605.
599 Ibid.
600 Ibid.