Asia and the Drafting of the Universal Declaration of Human Rights

Robin Ramcharan, Bertrand Ramcharan

• Publisher: Palgrave Macmillan
• Year: 2018
• Print ISBN:
  9789811321030
• eBook ISBN:
  9789811321047
• Topic: Politics & International Relations
• Subtopic: Civil Rights in Law
• Index: Politics & International Relations

This is the first book that explicitly outlines Asian contributions to the elaboration of universal human rights values that were proclaimed in the Universal Declaration of Human Rights of 1948. Evidence of Asia's contribution from the historical records of the Commission on Human Rights (1946 to 1948) profoundly refutes any remnants of the relativist 'Asian values' discourse. Asians shaped the 'new humanism' of the UDHR and the universal values that they also brought to bear on the drafting of this document. The book brings this evidence into focus in order to enter them into contemporary human rights discourse in Asia. The book coincides with the 70th anniversary (2018) of the UDHR and contributes to the ongoing global dialogue between states and societies in the development of human rights norms. At this time, the elucidation of the Asian contribution in this work is part of this dialogue.  

© The Author(s) 2019

Robin Ramcharan and Bertrand RamcharanAsia and the Drafting of the Universal Declaration of Human Rightshttps://doi.org/10.1007/978-981-13-2104-7_1

Begin Abstract

1. Introduction

Robin Ramcharan^{1, 2} and Bertrand Ramcharan³

(1)

Webster University, Bangkok, Thailand

(2)

Asia Centre, Bangkok, Thailand

(3)

Emeritus President, UPR Info, Alyth, Perthshire, UK

Robin Ramcharan (Corresponding author)

Bertrand Ramcharan

End Abstract

Philosophy, A.J. Ayer wrote in his review of the twentieth century, is the study of evidence.¹ This book is a study of the evidence on Asia’s contribution to the drafting of the Universal Declaration of Human Rights , keeping in mind Asia’s contemporary policies on human rights, and Asian consensual approaches to the promotion and protection of human rights worldwide. Yes, there are numerous human rights problems in Asia. Yes, there are numerous analyses of these problems. And, yes, this is a period in which China is asserting its power and seeking recognition of its perspectives on various issues of international affairs. It is important to realize that the Universal Declaration of Human Rights remains the central document, the reference point from which future Asian policies and strategies on human rights must continue to be guided.

This book presents convincing historical evidence that Asia played a central part in the drafting of the Universal Declaration of Human Rights . That evidence is marshalled in the chapters that follow. It is important to link this with evidence of contemporary Asian international policies on human rights. This is because, whatever problems are being experienced on the ground, the evidence sustains the conclusion that Asian governments are professing continuing faith in the Universal Declaration and in universal human rights standards. Formally, at least, the principal Asian powers, 70 years after the adoption of the Universal Declaration, continue to profess their faith in the Declaration, in universal human rights, and in rights-based strategies of governance and development. This may be seen in the national reports of the principal Asian powers submitted to the UN Human Rights Council within the framework of its Universal Periodic Review (UPR) system.

Under the UP R system, each member state of the United Nations now submits once every four and a half years a national report on its efforts to promote and protect human rights. The principal Asian powers have all reaffirmed their faith in the Universal Declaration in their latest reports.

China, for example, stated in its last report of 2013 that it respects the principle of universality of human rights and is of the view that all countries have a duty to take measures, commensurate with their national conditions, continuously to promote and protect human rights in accordance with the purposes and principles of the Charter of the United Nations and the basic spirit of the Universal Declaration of Human Rights and the relevant international human rights. The international community should accord equal attention to the achievement of civil and political rights; economic, social, and cultural rights; and the right to development; it should also promote the coordinated development of individual and collective human rights. China, it added, “is committed to carrying out exchanges and cooperation on human rights with all countries, and to promoting the resolution of human rights issues in a fair, objective and non-selective manner by the international community.”²

India, in its report of 2017, stated that with one-sixth of the global population, India is the world’s largest democracy that is home to a multi-ethnic, multi-religious, multi-lingual population that has lived together for millennia with an ethos of respect for diversity and plurality. Supported by a rights oriented constitutional framework, a secular polity, and independent judiciary, a range of national and state level commissions that monitor compliance with human rights, a free press, and a vibrant and vocal society, India continues its endeavours towards fulfilling its human rights obligations. Recognizing the universality, indivisibility, and interrelatedness of all human rights, India places equal emphasis on the civil and political rights and freedoms of its citizens as well as their socio-economic development. It is aware that historical factors and extant social structures “can render certain communities more vulnerable to exclusion, marginalization and human rights violations,” and it “prioritises, through a range of protective and affirmative measures, the attainment of liberty and development for all. In the spirit of leaving no one behind, India follows the motto of ‘Sabka Saath, Sabka Vikas’ (all together and development for all).’’³

Indonesia, in its report of 2017, stated that as a country it has been resolute in upholding its constitutional mandate and commitment to the global norms on human rights. It underscored the importance of the UN Human Rights Council’s mechanism on the UPR . “Taking action on the UPR recommendations is crucial to support the efforts to realize the full enjoyment of human rights for all in Indonesia.”⁴

Malaysia, in its 2013 report, stated that the government continued to be characterized by, among others, “a strong commitment to the rule of law, to upholding respect for human rights, and a commitment to continue widening the democratic space….”⁵

Pakistan, in its 2017 report, stated that “Pakistan’s commitment to human rights emanates in the first place from its Constitution and duty towards its people. We are determined to ensure that every Pakistani citizen lives in equality, dignity, and freedom. The words of the Founding Father, Quaid-e-Azam Muhammad Ali Jinnah, are the guiding principle of our policy: ‘We are equal citizens of one State’. Therefore, the Government attaches high priority to advancing the mutually reinforcing objectives of development, human rights and democracy and there is a strong and unequivocal political commitment in this regard.”⁶ A Ministry of Human Rights had been established in 2015.⁷

The Philippines, in its 2017 report, stated: “In his 2016 State of the Nation Address, the President committed that his administration shall be sensitive to the State’s obligation to promote, protect, fulfil the rights of our citizens, especially the poor, the marginalized and the vulnerable, and social justice shall be pursued, even as the rule of law shall prevail at all times. This administration shall implement a rights-based approach to development and governance, as we improve our people’s welfare in the areas of health, education, adequate food and water, housing, environmental preservation and respect for culture. ‘Human rights must work to uplift human dignity.’”⁸

Singapore, in its 2015 report, stated: “We are fully committed to the protection and promotion of the human rights of our citizens. We take a practical, not an ideological approach to the realisation of human rights. Human rights exist in specific cultural, social, economic and historical contexts. In every country, accommodation must be reached among the competing rights of the individuals who make up the nation and the interests of society as a whole. We therefore firmly apply the rule of law to ensure stability, equality and social justice, which are the necessary conditions for respecting the fundamental human rights enshrined in our Constitution and the Universal Declaration of Human Rights . We also focus on delivering good socio-economic outcomes through pragmatic public policies.”⁹

Thailand, in its 2016 report, stated that “The Government attaches utmost importance to the promotion and protection of human rights of all groups of people. In its Policy Statement to the National Legislative Assembly (NL...

Table of contents

• Cover
• Front Matter
• 1. Introduction
• 2. Crafting Universal Values: The UDHR Model, Context, and Process
• 3. Asian Drafters
• 4. Asian Visions at the Time of Drafting
• 5. Asian Foundations
• 6. The Principle of Humanity
• 7. Dignity, Equality, and Equitable Life Chances
• 8. Implementation
• 9. The Future of the UDHR: Building on the Past and the Present
• 10. Conclusion
• Back Matter