Article 13 from a Different Perspective
More than ever before, the migration, immigration and mass movement of millions of people are considered a challenge for governments worldwide. Today’s mass movement of people is caused by leisure; however, most of the time, poverty, famine, environmental disasters, wars and conflicts push and force millions to leave their homes and search for a safer, better life in a new country.
By contrast, freedom of movement is an important human right, and Article 13 of the United Nations Universal Declaration of Human Rights (UDHR) gives all people the right to move freely within their own countries, to choose where they want to live, to leave their countries, or to return to their countries from abroad. However, while the UDHR recognizes the right to emigrate, it does not recognize the right to immigrate. The principle under international law that grants entry and termination of residence by non-nationals is one area that sovereign states command independently. The legal interpretation of freedom of movement in Article 13 permits the departure from any country and re-entry into the home country, but it has no legal obligation for entering a country and does not grant a right for immigration.
This particular human right has often been violated – freedom of movement to leave any country and return to a home country – has often been violated throughout history. According to Childs (2014, pp. 99-101), several states of the former Soviet Union, and especially in East Germany the German Democratic Republic (GDR), very quickly introduced a ban in 1952 on leaving the country to prevent mass exodus of citizens and to stop them from re-entering once they left the country, forcing them to remain in exile.
On the other hand, in 1973, the GDR joined the United Nations, and in 1975, it also signed the final Act of the Conference on Security and Cooperation in Europe (CSCE), whose participating States committed to respecting all universal human rights, including freedom of movement. However, the concessions of the GDR regime to the international community were just a façade, and the regime made no attempt to grant East Germans the right of free movement (Richardson-Little et al. 2013, pp. 53-58). Furthermore, in 1961, the Berlin Wall with its barbed wire and death strip was installed to stop East Germans from entering West Berlin and ultimately the free world. According to Willis (2014, pp. 59-61), the flight from the GDR was a crime, and there was a shoot-to-kill order in place on its borders to prevent East Germans from unlawfully leaving the GDR. Furthermore, travel restrictions existed even for other socialist brother states of the former Soviet Union, and a travel request needed to be applied for in advance through the GDR Ministry of State Security (Jähne 2017, p. 787).
The poster attached is about the UN UDHR Article 13 illustrates an original stamp motif of the 25th anniversary of the Berlin Wall. The image is manipulated with a wall and warning signs for landmines facing East Berlin with East German Soldiers and a woman with red flowers from 1986. This represents the ultimate symbol of the Cold War, a symbol of division and imprisonment, which politically divided the world into a Western and Eastern hemisphere. It also symbolizes the bankruptcy of the socialist East German dictatorship, which could only secure its existence by collectively imprisoning its citizens. The GDR regime praised the Berlin Wall as a borderline of peace or the so-called anti-fascist protection wall against the capitalist West, and ironically, the GDR regime proclaimed itself as a socialist worker and peasant state based on socialist values and brotherhood (Stand 2014, pp. 63-67). Moreover, the text features the wording of UDHR Article 13, and below the stamp, the additional text highlights that all walls violate human rights and further emphasizes the cynicism of the GDR regime and its phoney socialist values. Then again, the Berlin Wall in the GDR violated this fundamental human right and eventually Article 13. After almost 69 years, Article 13 of the UDHR is far from having universal acceptance. For example, freedom of movement generally does not exist currently in North Korea. According to Human Rights Watch (2015), North Koreans are barely able to move freely within their own country, let alone travel aboard, and some North Koreans who have managed to flee to China are regularly sent back.
In sum, it can be concluded that Article 13 of the UDHR is firmly anchored in international law and universally valid to all people, regardless of their origin, gender, religion or age, but in reality, this human right is repeatedly violated. Since this area has little legal validity thus far, increased cooperation between various transnational actors is essential for effective protection of human rights. It remains to be seen whether binding regulations, treaties or even protective mechanisms will emerge in the course of this process.
Reference
Childs, D 2014, The GDR: Moscow’s German Ally, Taylor and Francis, ProQuest-Ebook, viewed 04 December 2017, <http://bit.ly/2khQEzP>.
Human Rights Watch 2015, North Korea Events 2015, Human Rights Watch.org, viewed 06 December 2017, <http://bit.ly/2AqjCZf>.
Jähne, M 2017, International relationships in ophthalmology in the German Democratic Republic (GDR), Der Ophthalmologe, vol. 114, no. 9, pp. 787-793.
Richardson-Little, N 2013, ‘Dictatorship and Dissent: Human Rights in East Germany in the 1970s’, in J Eckel & S Moyn (eds), The Breakthrough: Human Rights in the 1970s, University of Pennsylvania Press, ProQuest-Ebook, viewed 05 December 2017, <http://bit.ly/2ycnmrq>.
Stand, K 2012, Ambivalences, Contradictions, Choices: The Legacy of GDR Socialism, Routledge, vol.26, no. pp. 58-84.
United Nations n.d., The Universal Declaration of Human Rights, viewed 04 December 2017, <http://bit.ly/2iKdBLM>.
Willis, J 2014, Daily Life Behind the Iron Curtain: Daily Life Behind the Iron Curtain, ABC-CLIO, ProQuest-Ebook, viewed 06 December 2017, <http://bit.ly/2iNqxR3>.
Image Reference
Concrete wall with barbed wire, [image], in Dreamtime.com n.d., stock illustration isolated cartoon of concrete wall, viewed 06 December 2017, <http://bit.ly/2ycR3bC>.
GDR 25th Anniversary Stamp, [image], in Tendance Coatesy n.d., Reasons to like the Berlin wall: ‘Anti-Fascist Protection Wall’, viewed 06 December 2017, <http://bit.ly/2Ab22EA>.
Landmines Sign [image], in Daily Galaxy 2009, Glowing Bacteria to Track Long Buried Landmines, viewed 06 December 2017, <http://bit.ly/2ycYZdb>.
Warning Sign [image], in Language Connections n.d., 7 Confusing Biotech Acronyms, viewed 06 December 2017, <http://bit.ly/2ydbdlT>.














