Social Charters for Commons Rights
Universal Declaration of
Human Rights guarantees to every person the freedom from want and fear.
This is a good beginning. Yet because human rights are dependent on
government to legitimate them, the UN Declaration does not redirect the
source of these rights away from sovereign governments to the sovereign
people of a particular commons. As global citizens, regardless of
national obligations, we have a responsibility to engage in areas of
community and trans-border action where the state and private sectors
have little jurisdiction, authority or experience.
Commons rights differ from human rights and civil rights because they
arise, not through the legislation of a state, but through a customary
or emerging identification with an ecology, a cultural resource area, a
social need, or a form of collective labor.
Commons rights affirm the sovereignty of human beings over their means
of sustenance and well-being. They vest us with a moral authority
and social legitimacy to make decisions and create agreements on the
sharing of resources that ensure our rights to survival and security.
This creates an entirely new
context for collective action. Instead of seeking individual and human
rights from the state, people may begin to claim long-term authority
over resources, governance and social value as their planetary
birthrights - both at a community and global level.
Commons rights provide an important basis for creating covenants and
institutions that are not state-managed to negotiate the protection and
sustenance of resources and ensure that the mutual interests of all
stakeholders are directly represented.
Through the assertion of people’s inherent rights to a commons, the
role of the state would become much more balanced between enabling the
corporate sector and enabling citizens.
Instead of regulating commerce and finance in the public interest
(while also regulating the commons for the benefit of commerce and
finance), the new duty of the state would be to confirm the
declarations of the rights of people to their commons, allowing them to
manage their own resources by recognizing and upholding their social
charters and commons trusts.
A social charter is a social
and institutional framework providing incentives for the management and
protection of commons resources.
Creating a social charter requires the support and involvement of
people across a region or community of interest who depend on specific
common goods for their livelihood and welfare. A social charter
can be developed for a single commons or for overlapping commons.
Given the uniqueness of every commons, there is no universal template for social charters - but a baseline is emerging.
A social charter for a commons should include, at minimum:
A summary of traditional or emerging claims to legitimacy;
A declaration of the rights and entitlements of users and producers;
A code of ethics;
An elaboration of common values and standards;
A statement of benefits;
A notice of claims to reparations or re-territorialization of boundaries;
And a practical framework for cooperation.
Democratic and transparent
decision-making for the maintenance and preservation of a particular
commons would be developed through the collective action of citizens,
customary representatives, social networks, academics, scientists,
bilateral donors, development partners, regional organizers,
intergovernmental organizations, media and other stakeholders - with
limited input from national governments and the private sector.
Citizens who create a social
charter thus ensure that administrative power is decentralized in order
to maintain community access to - and sovereignty over - their own
commons.
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