Human Rights

Concept of Human rights according to Minister Ali Alatas of Indonsesia at the

Vienna conference.

>the implementation of HR implies the existence of a balanced relationship bet.

Individual hr and the obl of the indi towards the community. In Indonesia, as in many
other developing countries, the rights of the individual are balanced by the obl
equally to the respect the rights of others. Now, in Indonesia, there is a state
ideology that somehow contains the principle that has been pronounced in many for a

Human rights norms, principles, standards expressed in:

>Human Rights International Instruments (IHRIs) - International human rights

instruments are the treaties and other international texts that serve as legal sources
for international human rights law and the protection of human rights in general.

>every person should have rights within his or her society that the state should
recognize, respect and ensure. This idea came from the ratification and accession of
states cuz states treat its citizens with respect for his human rights is not the state’s
business alone but also concern the regulations by international law.

Ex. World Conference of Human Rights, Bangkok Meeting of in 1993, Vienna

Conference, Delacration of Human Rights,

> Treat of Amity and Cooperation (1956) – fundamental principles guiding ASEAN (1)
Cambodia (Cambodia). Official name: Kingdom of Cambodia (Kingdom of Cambodia). ... 2)
Country: Thailand (Thailand). Official name: Kingdom of Thailand (Kingdom of Thailand). ...
3) Brunei Darussalam (Brunei Darussalam). ... 4) Land: Burma (Myanmar). ... 5) Philippines
(Philippines). ... 6) Malaysia (Malaysia). ... 7) Laos (Laos). ... 8) Vietnam (Vietnam). ... 9)
Singapore (Singapore). ... 10) Indonesia (Indonesia) members with regard to settlement of
differences

Principles enunciated here

>one is mutual respect for independence

>sovereignty

>equality

>territorial integrity

>national identity of all nations

>right of every state to lead its national existence free from external interference,
subversion and coercion

>non-interference in internal affairs of another member of ASEAN

>renounce the use of force

>prohibits any member from participating in any activity that be a threat to the
political and economic stability, sovereignty, and territorial integrity.

>National Laws compatible with IHRIs

-there are certain moral values that are evident regardless of the religious differences
and of the political, social, and economic backgrounds. The common thing is that
there is identified fundamental core values such as respect for individual, promotion
of dignity, equality, and social justice. These are the pre-eminent principles that
could become a foundation of human rights at the ASEAN.

Issues with Universal Declaration of Human rights (ASIA)

>Singapore has concept of human rights in the context of Confucianism. Five main
pillars of national ideology: nation b4 community, fam as basic unit of society,
respect and community support for the indi, consensus instead of conflict, and
religious harmony.

>Concept of Asian values: universality against culture relativism. – universality is that

we may have to look into our own culture and traditions in order to come up with our
own set of rights.

>linkage between basic needs strategy, the right to development, and trade-off
between development and democracy. Cuz universal human rights mostly contains
principles being practiced in the West. i.e. civil and political rights accompanying the
adoption of libertarian principles and institutions. Many Asians argued legal and
political rights have little meaning to those deprived of basic needs. They propose
that a country at formative stage of economic growth and political development
needs authoritarian rule to achieve balanced growth and contain unsettling
consequences of development.

>duty of the state, the community and society as against the rights of individuals.
Emphasis is on state, community, since there is responsibility to look after the
welfare of all. Example of this there is strong state and very weak state. Maybe
because there is a concentrated delagtion of power to the state to the point
individual can no longer participate to aany form of decision-making process affecting
either political processes like the election or economic and development policies.

>Nature and levels of state obligation

 The Generic Obligations: Respect, Protect, Fulfill Look at any human right-the
right to education, the right to a fair trial or the right to be free from torture.

Regional level – consensus agreement about: states every person should have rights
within his or her society that the state should recognize, respect and ensure. This
idea came from the ratification and accession of states cuz states treat its citizens
with respect for his human rights is not the state’s business alone bur also concern
the regulations by international law.

Subregional level – protection of mechanisms proposed called the Draft Pacific

Charter on Human Rights – Australia, New Zealand and other pacific countries. Sri
Lanka, India, Pakistan and neighboring counties-have another set of instruments being
proposed.

NGO level – in ASEAN, series of initiatives for the adoption of human rights
instruments hopefully in cooperation with ASEAN government, at ASEAN level. Why
NGO? Because government cannot handle all the issues they are facing within their
country. Example of this are: disappearances, torture, authoritarianism, indigenous
people, corruption, discrimination etc.

ASEAN level – however because of the issues, ASEAN need to reexamine the type of
instrument that should be developed at ASEAN level

International level – there are religious foundation and moral foundation of rights
against the redefinition of rights at the international level.

Constructive Intervention – Deputy Prime Minister Anwar Ibrahim

National level/local level -

Rights and responsibilities of stakeholders

>follow, respect, and fulfill the duties and responsibilities.

Normative content of rights

Brief history:

The international human rights movement was strengthened when the United Nations
General Assembly adopted of the Universal Declaration of Human Rights (UDHR) on 10
December 1948. Drafted as ‘a common standard of achievement for all peoples and
nations', the Declaration for the first time in human history spell out basic civil,
political, economic, social and cultural rights that all human beings should enjoy. It
has over time been widely accepted as the fundamental norms of human rights that
everyone should respect and protect. The UDHR, together with the International
Covenant on Civil and Political Rights and its two Optional Protocols, and the
International Covenant on Economic, Social and Cultural Rights, form the so -
called International Bill of Human Rights.
A series of international human rights treaties and other instruments adopted since
1945 have conferred legal form on inherent human rights and developed the body of
international human rights. Other instruments have been adopted at the regional
level reflecting the particular human rights concerns of the region and providing for
specific mechanisms of protection. Most States have also adopted constitutions and
other laws which formally protect basic human rights. While international treaties and
customary law form the backbone of international human rights law other
instruments, such as declarations, guidelines and principles adopted at the
international level contribute to its understanding, implementation and development.
Respect for human rights requires the establishment of the rule of law at the national
and international levels.
International human rights law lays down obligations which States are bound to
respect. By becoming parties to international treaties, States assume obligations and
duties under international law to respect, to protect and to fulfil human rights. The
obligation to respect means that States must refrain from interfering with or
curtailing the enjoyment of human rights. The obligation to protect requires States to
protect individuals and groups against human rights abuses. The obligation to fulfil
means that States must take positive action to facilitate the enjoyment of basic
human rights.
Through ratification of international human rights treaties, Governments undertake to
put into place domestic measures and legislation compatible with their treaty
obligations and duties. Where domestic legal proceedings fail to address human rights
abuses, mechanisms and procedures for individual complaints or communications are
available at the regional and international levels to help ensure that international
human rights standards are indeed respected, implemented, and enforced at the local
level.