Human rights in East Asia

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The situation of human rights in East Asia varies between the region's countries, which differ in history and political orientation, as well as between contexts within each country. Issues such as refugees fleeing East Timor, the Cambodian killing fields and freedom of speech in Singapore are just a few of the well-known human rights conflicts that have arisen in East Asian countries. The subject of human rights in East Asia is still highly topical at the present time.

Contents

History

Pre 1948

To completely understand Eastern Asia's early history, in relation to human rights, it is important to establish context. Academic experts have argued that it could be said Asia has no early history of ‘human rights’, as the term was created by western civilization. [1] When western civilization's approach issues surrounding human rights, these rights are applicable to all individuals within all groups of people in society, and equal treatment is considered fundamental, regardless of socioeconomic status or relationship with the state. It is fair to say that most western people consider themselves entitled to human rights, while in Eastern Asian countries, there is no such expectation of these entitlements. [2] The significant difference appears to stem from Eastern Asian countries focusing more on a person's basic duties than basic rights. The basic duties of an individual tend to rise from that persons socio-economic status.

1948 – present

The Universal Declaration of Human Rights (UDHR) was implemented on 10 December 1948 by the United Nations. Therefore, we have officially witnessed 68 years of the United Nations approaching human rights issues on a global scale. The declaration was created after the end of World War II and was the first worldwide acknowledgement of the rights each individual human being is entitled to. [3] When the UDHR was first created the United Nations was only made up of 51 member states, but after the surge of decolonisation's, beginning in the late 1940s, the UN is now made up of 193 nations. Since 1948, many Eastern Asian countries who were formally colonised have since achieved independence and have joined the UN, therefore acknowledging the UDHR and other major human rights treaties. [4] There is currently no human rights body governing the Eastern Asian region, however the Association of Southeast Asian Nations (ASEAN) issued the ASEAN Human Rights Declaration in 2012.

ASEAN Human Rights Declaration

The first five articles of ASEAN Human Rights Declaration refer specifically to rights of individual people, and especially support the idea of human rights being an expectation to "women, children, the elderly, persons with disabilities, migrant workers, and vulnerable and marginalised groups [5] ". It is also noteworthy that Article 10 the declaration directly affirms the UN's Universal Declaration of Human Rights. [6] However, although this initially appeared to be a positive move by the ASEAN, the commission has recently come under criticism from international human rights groups due to a lack of action from the ASEAN governments when it comes to enacting the declaration. It has even been suggested the declaration was made with no genuine intentions behind it for true endorsement. [7]

Asian Human Rights Commission

The Asian Human Rights Commission (AHRC) was founded in 1984 and continues to be an active, outspoken group who intend to promote human rights throughout Asia. The group is particularly interesting as it is completely independent from any state, and acts with the sole intention of promoting awareness on topical human rights issues within Asia. [8] AHRC have stated "Many Asian states have guarantees of human rights in their constitutions, and many of them have ratified international instruments on human rights. However, there continues to be a wide gap between rights enshrined in these documents and the abject reality that denies people their rights. Asian states must take urgent action to implement the human rights of their citizens and residents. [9] "

Human-rights controversy in East Asia

Differences to Western Civilization

When looking at the different approaches western and eastern civilizations take to human rights, a former senior minister of Singapore, Lee Kuan Yew said this: "The Confucianist view of order between subject and ruler helps in the rapid transformation of society ... in other words, you fit yourself into society – the exact opposite of the American rights of the individual. I believe that what a country needs to develop is discipline more than democracy. Democracy leads to undisciplined and disorderly conditions. [10] " Generally speaking, western people are more suspicious of their powerful government officials. Selfless, uncorrupted government officials are considered a rarity rather than norm and theories of people in power being involved in bribery or fraud are all too often proven true. Western civilization has a political history based around the people overcoming struggles to take their freedom, which is considered by most to be an innate right of human beings. [11] Eastern Civilization's tend to take a different approach to their relationship with the state, with the people holding their state officials in a higher esteem. Leaders in East Asian countries are generally believed to be honourable and of superior intellect to the majority of the population. Historically speaking, even some of the most autocratic leaders of Eastern countries have been voted back into office by their own people. [12] This holds true with the concept that western people are more concerned with their own rights, whilst eastern civilization focuses more on their duties to the state. Individuals in Eastern Asian countries may complain about their leaders in private, but mass protests are uncommon and the sense of trust is their governments usually remains intact. It could be said that East Asia promotes the concept that individual independences may need to be sacrificed in order for the country to maintain a state of prosperity and order. Advocacy groups, international establishments, and Western governments tended to emphasize civil and political rights, such as freedoms of speech, assembly, and the press, exactly the types of rights most likely to create political hostilities. Demands for human rights protections were often made simultaneously with demands for democratization. Asian governments pushed back by emphasising the united economic, social, and cultural rights such as entitlements to education, health, and decent standards of living. [13]

Human Trafficking

Human trafficking is unfortunately on the increase in Asian countries. Women and children appear to be the most vulnerable to become the victims of this black market trade. They are generally trafficked with the intention of being used for commercial sex, domestic work, and construction work. Children are also in demand for factory or farm work or in the entertainment sector. Trafficking amounts to a severe breach of human rights, victims are obviously forced into situations unwillingly, suffer physical and mental abuse and social stigmatization. Traffickers target families who are socioeconomically poor. [14] Human trafficking in the area of Eastern Asia is a very serious problem, especially in Southeast Asia, and one of the region's biggest human rights issues. Human trafficking is not just a problem in the Asian region, it appears to grow as a black market sector in areas that suffer from poverty, yet are also affected by globalisation, meaning many areas of the world are being affected by a rise in the trade. [15] A mix of disadvantaged individuals placed underprivileged situations and manipulative people in a position of wealth and power create an environment for trafficking to develop. Many eastern nationals have attempted to take measures to end trafficking within their country by increasing security measures and imposing harsher penalties on traffickers, but so far attempts have been largely unsuccessful. [16]

Women's Human Rights in Asia

Introduced over twenty years ago, the Convention on the Elimination of All Forms of Discrimination against Women of the United Nations (Women's Convention) is the first and most extensive international treaty addressing the human rights of women. The implementation of the Women's Convention by the UN General Assembly in 1979 signifies a crucial breakthrough in the international acknowledgement of the cause of women's rights. Many Asian nations, developed or third world, have consistently breached women's rights. These include, "trafficking of prostitutes, bride burning, crimes against women and exposure to sexually transmitted diseases." [17] Some states that have acknowledged and ratified the convention are still failing to conduct themselves in accordance with the regulations, often due to Cultural relativism. Women's groups in Eastern Asia appear to be facing an unfavorable struggle in their battle against the discrimination, mainly due to lack of public awareness that the Women's Convention is applicable in their home country. Many Asian women are not aware of the possible protection they could seek under international human rights law. This also relates to many other gender identity human rights issues faced by individuals in Asian countries. [18] While it does appear that progress is being made, many Eastern Asian countries still are falling short of what is required by the 1979 Women's Convention.

See the following for more details on each country:

See also

Related Research Articles

<span class="mw-page-title-main">Human rights</span> Fundamental rights belonging to all humans

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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. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.

<span class="mw-page-title-main">Universal Declaration of Human Rights</span> Declaration adopted in 1948 by the UN General Assembly

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.

<span class="mw-page-title-main">International Covenant on Civil and Political Rights</span> Treaty adopted by United Nations General Assembly in 1965

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.

<span class="mw-page-title-main">ASEAN</span> International organization of Southeast Asian countries

The Association of Southeast Asian Nations, commonly abbreviated as ASEAN, is a political and economic union of 10 states in Southeast Asia. Together, its member states represent a population of over 600 million over a land area of 4.5 million km2 (1.7 million sq mi). The bloc generated a purchasing power parity (PPP) gross domestic product (GDP) of around US$10.2 trillion in 2022, constituting approximately 6.5% of global GDP (PPP). ASEAN member states include some of the fastest growing economies in the world, and the institution occupies a central position in East Asian regionalism.

International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.

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<span class="mw-page-title-main">Human rights in the Middle East</span> Humans rights situation since World War II

Human rights in the Middle East have been shaped by the legal and political development of international human rights law after the Second World War, and their application to the Middle East. The 2004 United Nations Arab Human Development Report (AHDR) claimed that although Arab-Islamic tradition does hold unique importance for ideas of human welfare, History has proven that "they were not sufficiently prevalent in society to foster a culture based on a political contract, and allow for the legitimacy of differences of opinion, dialogue and transfer of power." Issues of the validity of democracy in the region and human rights are at the very centre of the challenges facing Middle Eastern society today.

The topic of human rights in Asia is one that encompasses an immense number of states, international governmental organizations, and non-governmental organizations. All these institutions contribute a variety of services and perspectives towards human rights, covering topics including the enforcement, monitoring, and criticisms of human rights in Asia. There is no single body that covers all of human rights in Asia, as such a diverse and widespread region requires a number of institutions to properly monitor the multitude of elements that fall under the scope of human rights. There have historically been numerous criticisms of human rights in Asia, but a variety of new treaties and conventions now strive to accomplish a level of human rights as they are known on the international stage. Human rights in Asia are monitored by many organizations, a few examples being the ASEAN Intergovernmental Commission on Human Rights (AICHR) and Human Rights Watch. Tolerance of these organizations varies from state to state, with voluntary intergovernmental programs often seeing more state-cooperation than neutral non-governmental organizations would typically receive. The number of criticisms towards Asian states has dramatically increased in recent decades, with many human rights advocates calling for increased transparency and greater international pressure upon Asian states to refrain from any human rights infractions. Aforementioned calls for international pressure have gone unanswered, however, as most of the international community finds it increasingly difficult to challenge the actions of the growing Asian powers: particularly China. While states have put forward somewhat muted complaints in recent years, non-governmental organizations continue to 'name and shame' states that have shown themselves to be guilty of human rights infractions.

Human rights in Muslim-majority countries have been a subject of controversy for many decades. International non-governmental organizations (INGOs) such as Amnesty International (AI) and Human Rights Watch (HRW) consistently find human rights violations in Muslim-majority countries. Amongst the human rights issues that are frequently under the spotlight are LGBT rights, the right to consensual sex outside of marriage, freedom of speech and political opinion. The issue of women's rights is also the subject of fierce debate.

While belief in the sanctity of human life has ancient precedents in many religions of the world, the foundations of modern human rights began during the era of renaissance humanism in the early modern period. The European wars of religion and the civil wars of seventeenth-century Kingdom of England gave rise to the philosophy of liberalism and belief in natural rights became a central concern of European intellectual culture during the eighteenth-century Age of Enlightenment. Ideas of natural rights, which had a basis in natural law, lay at the core of the American and French Revolutions which occurred toward the end of that century, but the idea of human rights came about later. Democratic evolution through the nineteenth century paved the way for the advent of universal suffrage in the twentieth century. Two world wars led to the creation of the Universal Declaration of Human Rights.

The Universal Declaration of Human Rights was drafted between early 1947 and late 1948 by a committee formed by the United Nations Commission on Human Rights. Further discussion and amendments were made by the Commission on Human Rights, the Economic and Social Council and the General Assembly of the United Nations. Representatives of the UN Commission on the Status of Women participated in the meetings of the UN Commission on Human Rights, debating for a gender inclusive language in the Declaration.

<span class="mw-page-title-main">Human trafficking</span> Trade of humans for exploitation

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation.

The ASEAN Intergovernmental Commission on Human Rights (AICHR) was inaugurated in October 2009 as a consultative body of the Association of Southeast Asian Nations (ASEAN). The human rights commission exists to promote and protect human rights, and regional co-operation on human rights in the member states of. The AICHR meets at least twice per year.

In 2009, the Association of Southeast Asian Nations (ASEAN) established the ASEAN Intergovernmental Commission on Human Rights to promote human rights in the ten ASEAN countries. By mid-2012, the Commission had drafted the ASEAN Human Rights Declaration. The Declaration was adopted unanimously by ASEAN members at its 18 November 2012 meeting in Phnom Penh, Cambodia. The Declaration details ASEAN nations' commitment to human rights for its 600 million people. The Declaration includes 40 paragraphs under 6 headings.

<span class="mw-page-title-main">Human rights and development</span>

Development is a human right that belongs to everyone, individually and collectively. Everyone is “entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized,” states the groundbreaking UN Declaration on the Right to Development, proclaimed in 1986.

<span class="mw-page-title-main">Human trafficking in Southeast Asia</span>

Human trafficking in Southeast Asia has long been a problem for the area and is still prevalent today. It has been observed that as economies continue to grow, the demand for labor is at an all-time high in the industrial sector and the sex tourism sector. A mix of impoverished individuals and the desire for more wealth creates an environment for human traffickers to benefit in the Southeast Asia region. Many nations within the region have taken preventive measures to end human trafficking within their borders and punish traffickers operating there.

The Federated States of Micronesia is a United States Associated State consisting of 4 states across the Western Pacific Ocean. The estimated population in 2015 was 105,216. Formerly the FSM was a part of the Trust Territory of the Pacific Islands (TTPI) but in 1979 formed its own constitutional government. FSM has a written constitution which took effect in 1979 and has been amended only once in 1990. By virtue of membership in the United Nations, the FSM abides by the UN Declaration of Human Rights (UDHR). Key human rights concerns in FSM include judicial delays, government corruption, discrimination against women, domestic violence and child neglect.

<span class="mw-page-title-main">Human rights in Denmark</span>

Human rights in the Kingdom of Denmark are protected by the state's Constitution of the Realm (Danmarks Riges Grundlov); applying equally in Denmark proper, Greenland and the Faroe Islands, and through the ratification of international human rights treaties. Denmark has held a significant role in the adoption of both the European Convention on Human Rights and in the establishment of the European Court of Human Rights (ECHR). In 1987, the Kingdom Parliament (Folketinget) established a national human rights institution, the Danish Centre of Human Rights, now the Danish Institute for Human Rights.

Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.

References

  1. ↑ Mackie, Vera C. (September 2013). "Ways of Knowing about Human Rights in Asia". Asian Studies Review. 37 (3). Taylor & Francis Ltd: 293. doi:10.1080/10357823.2013.811780. ISSN   1035-7823. S2CID   143461826.
  2. ↑ Bell, Daniel A. (2000). East meets West : human rights and democracy in East Asia ([Online-Ausg.] ed.). Princeton, NJ: Princeton University Press. p. 344. ISBN   9780691005072.
  3. ↑ "Welcome to the United Nations: It's Your World". un.org.[ full citation needed ]
  4. ↑ Christie, Kenneth; Roy, Denny (2001). The politics of human rights in East Asia (1. publ. ed.). London [u.a.]: Pluto Press. p. 11. ISBN   0745314198.
  5. ↑ "ASEAN Human Rights Declaration". Asia-Pacific Journal on Human Rights and the Law. 13 (2): 74–81. 2012. doi:10.1163/138819012X13323234710260. ISSN   1388-1906.
  6. ↑ "DOCUMENTS - AICHR". aichr.org. Archived from the original on 5 December 2016. Retrieved 1 May 2016.
  7. ↑ Doyle, Nicholas (18 November 2013). "The Asean Human Rights Declaration and the Implications of Recent Southeast Asian Initiatives in Human Rights Institution-Building and Standard-Setting". International and Comparative Law Quarterly. 63 (1): 67–101. doi:10.1017/S0020589313000390. ISSN   0020-5893. S2CID   147199391.
  8. ↑ WOLMAN, Andrew (30 November 2012). "National Human Rights Commissions and Asian Human Rights Norms". Asian Journal of International Law. 3 (1): 77–99. doi:10.1017/S0020589313000390. ISSN   0020-5893.
  9. ↑ "Asian Human Rights Commission". www.humanrights.asia.
  10. ↑ Christie, Kenneth; Roy, Denny (2001). The politics of human rights in East Asia (1. publ. ed.). London [u.a.]: Pluto Press. ISBN   0745314198.
  11. ↑ Esolen, Anthony (2008). The politically incorrect guide to western civilization. Washington, DC: Regnery Pub. p. 212. ISBN   9781596980594.
  12. ↑ Eldridge, Philip J. (2002). The politics of human rights in Southeast Asia. London [u.a.]: Routledge. ISBN   0415214297.
  13. ↑ Ciorciari, John D. (2012). "Institutionalizing Human Rights in Southeast Asia". Human Rights Quarterly. 34 (3): 695–725. doi:10.1353/hrq.2012.0055. ISSN   1085-794X. S2CID   144206773.
  14. ↑ Thilagaraj, R. (2 November 2012). "Human Trafficking in Asia". Handbook of Asian Criminology. p. 129. doi:10.1007/978-1-4614-5218-8_9. ISBN   978-1-4614-5217-1.
  15. ↑ Holmes, Leslie, ed. (2010). Trafficking and human rights European and Asia-Pacific perspectives. Cheltenham, UK: Edward Elgar. p. 14. ISBN   9781849806800.
  16. ↑ Munro, Peter (22 May 2012). "Harbouring the illicit: borderlands and human trafficking in South East Asia". Crime, Law and Social Change. 58 (2): 159–177. doi:10.1007/s10611-012-9378-x. ISSN   0925-4994. S2CID   143884625.
  17. ↑ Tang, Kwong-Leung; Cheung, Jacqueline Tak-York (2003). "Realizing Women's Human Rights in Asia: The UN Women's Convention and the Optional Protocol". Asian Journal of Women's Studies. 9 (4): 9–37. doi:10.1080/12259276.2003.11665957. ISSN   1225-9276. S2CID   155248870.
  18. ↑ Anne-Marie Hilsdon; et al., eds. (2005). Human Rights and Gender Politics Asia-Pacific Perspectives. London: RoutledgeCurzon. ISBN   9780203645413.
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