[asia-apec 861] THE ASIAN HUMAN RIGHTS CHARTER - A PEOPLES' CHARTER

[Sinapan Samydorai]

OUR  COMMON  HUMANITY : ASIAN HUMAN RIGHTS CHARTER 

PREAMBLE
For long, especially during the colonial period, the peoples of Asia
suffered from gross violations of their rights and freedoms. Today large
sections of our people continue to be exploited and oppressed and many of
our societies are torn apart by hatred and intolerance. Increasingly the
people realize that peace and dignity are possible only when the equal and
inalienable rights of all persons and groups are recognised and protected.
They are determined to secure peace and justice for themselves and the
coming generations through the struggle for human rights and freedoms.
Towards that end they adopt this Charter as an affirmation of the desire and
aspirations of the peoples of Asia to live in peace and dignity.

BACKGROUND TO THE CHARTER
1.1 The Asian struggle for rights and freedoms has deep historical roots, in
the fight against oppression in civil society and the political oppression
of colonialism, and subsequently for the establishment or restoration of
democracy. The reaffirmation of rights is necessary now more than ever
before. Asia is passing through a period of rapid change, which affects
social structures, political institutions and the economy. Traditional
values are under threat from new forms of development and technologies, as
well as political authorities and economic organizations that manage these
changes. 
1.2 In particular the marketization and globalization of economies are
changing the balance between the private and the public, the state and the
international community, and worsening the situation of the poor and the
disadvantaged. These changes threaten many valued aspects of life, the
result of the dehumanizing effects of technology, the material orientation
of the market, and the destruction of the community. People have decreasing
control over their lives and environment, and some communities do not have
protection even against eviction from their traditional homes and grounds.
There is a massive exploitation of workers, with wages that are frequently
inadequate for even bare subsistence and low safety standards that put the
lives of workers in constant danger. Even the most elementary of labour
rights and laws are seldom enforced.
1.3 Asian development is full of contradictions. There is massive and
deepening poverty in the midst of growing affluence of some sections of the
people. Levels of health, nutrition and education of large numbers of our
people are appalling, denying the dignity of human life. At the same time
valuable resources are wasted on armaments, Asia being the largest purchaser
of arms of all regions. Our governments claim to be pursuing development
directed at increasing levels of production and welfare but our natural
resources are being depleted most irresponsibly and the environment is so
degraded that the quality of life has worsened immeasurably, even for the
better off among us. Building of golf courses has a higher priority than the
care of the poor and the disadvantaged.
1.4 Asians have in recent decades suffered from various forms of conflict
and violence, arising from ultra-nationalism, perverted ideologies, ethnic
differences, and fundamentalism of all religions. Violence emanates from
both the state and sections of civil society. For large masses, there is
little security of person, property or community. There is massive
displacement of communities and there are an increasing number of refugees.
1.5 Governments have arrogated enormous powers to themselves. They have
enacted legislation to suppress people's rights and freedoms and colluded
with foreign firms and groups in the plunder of national resources.
Corruption and nepotism are rampant and there is little accountability of
those holding public or private power. Authoritarianism has in many states
been raised to the level of national ideology, with the deprivation of the
rights and freedoms of their citizens, which are denounced as foreign ideas
inappropriate to the religious and cultural traditions of Asia. Instead
there is the exhortation of spurious theories of 'Asian Values' which are a
thin disguise for their authoritarianism. Not surprisingly, Asia, of all the
major regions of the world, is without a regional official charter or other
regional arrangements for the protection of rights and freedoms.
1.6 In contrast to the official disregard or contempt of human rights in
many Asian states, there is increasing awareness among their peoples of the
importance of rights and freedoms. They realize the connections between
their poverty and political powerlessness and the denial to them of these
rights and freedoms. They believe that political and economic systems have
to operate within a framework of human rights and freedoms to ensure
economic justice, political participation and accountability, and social
peace. There are many social movements that have taken up the fight to
secure for the people their rights and freedoms.
1.7 Our commitment to rights is not due to any abstract ideological reasons.
We believe that respect for human rights provides the basis for a just,
humane and caring society. A regime of rights is premised on the belief that
we are all inherently equal and have an equal right to live in dignity. It
is based on our right to determine our destiny through participation in
policy making and administration. It enables us to develop and enjoy our
culture and to give expression to our artistic impulses. It respects
diversity. It recognizes our obligations to future generations and the
environment they will inherit. It establishes standards for assessing the
worth and legitimacy of our institutions and policies.

GENERAL PRINCIPLES
2.1 It is possible from specific rights and the institutions and procedures
for their protection to draw some general principles which underlie these
rights and whose acceptance and implementation facilitates their full
enjoyment. The principles, which are discussed below, should provide the
broad framework for public policies within which we believe rights would be
promoted. 

UNIVERSALITY AND INDIVISIBILITY OF RIGHTS
2.2 We endorse the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights, the International Covenant
on Civil and Political Rights, and other international instruments for the
protection of rights and freedoms. We believe that rights are universal,
every person being entitled to them by virtue of being a human being.
Cultural traditions affect the way in which a society organizes
relationships within itself, but they do not detract from the universalism
of rights which are primarily concerned with the relationship of citizens
with the state and the inherent dignity of persons and groups. We also
believe that rights and freedoms are indivisible and it is a fallacy to
suppose that some types of rights can be suppressed in the name of other
rights. Human beings have social, cultural and economic needs and
aspirations that cannot be fragmented or compartmentalised, but are mutually
dependent. Civil, political and cultural rights have little meaning unless
there are the economic resources to exercise and enjoy them. Equally, the
pursuit and acquisition of material wealth is sterile and self-defeating
without political freedoms, the opportunity to develop and express one's
personality and to engage in cultural and other discourses.     
2.3 Notwithstanding their universality and indivisibility, the enjoyment and
the salience of rights depend on social, economic and cultural contexts.
Rights are not abstractions, but foundations for action and policy.
Consequently we must move from abstract formulations of rights to their
concretization in the Asian context by examining the circumstances of
specific groups whose situation is defined by massive violations of their
rights. It is only by relating rights and their implementation to the
specificity of the Asian situation that the enjoyment of rights will be
possible. Only in this way will Asia be able to contribute to the world-wide
movement for the protection of rights. 
2.4 Widespread poverty, even in states which have achieved a high rate of
economic development, is a principal cause of the violation of rights.
Poverty deprives individuals, families, and communities  of their rights and
promotes prostitution, child labour, slavery, sale of human organs, and the
mutilation of the body to enhance the capacity to beg. A life of dignity is
impossible in the midst of poverty. Asian states must direct their
development policies towards the elimination of poverty through more
equitable forms of development.   

THE RESPONSIBILITY FOR THE PROTECTION OF HUMAN RIGHTS
2.5The responsibility for the protection of rights is both international and
domestic. The international community has agreed upon norms and institutions
that should govern the practice of human rights. The peoples of Asia support
international measures for the protection of rights. State sovereignty
cannot be used as an excuse to evade international norms or ignore
international institutions. The claim of state sovereignty is justified only
when a state fully protects the rights of its citizens.
2.6 On the other hand, international responsibility cannot be used for the
selective chastisement or punishment of particular states; or for the
privileging of one set of rights over others. Some fundamental causes of the
violation of human rights lie in the inequities of the international world
economic and political order. The radical transformation and democratization
of the world order is a necessary condition for the global enjoyment of
human rights. The logic of the universalism and equality of rights is the
responsibility of the international community for the social and economic
welfare of all people throughout the world, and consequently the obligation
to ensure a more equitable distribution of resources and opportunities
across the world. 
2.7 The primary responsibility for the promotion of human rights rests with
states. The rights of states and peoples to just economic, social, political
and cultural development must not be negated by global processes. States
must establish open political processes in which rights and obligations of
different groups are acknowledged and the balance between the interests of
individuals and the community is achieved. Democratic and accountable
governments are the key to the promotion and protection of rights. 
2.8 The capacity of the international community and states to promote and
protect rights has been weakened by processes of globalization as more and
more power over economic and social policy and activities has moved from
states to business corporations. States are increasingly held hostage by
financial and other corporations to implement narrow and short sighted
economic policies which cause so much misery to so many people, while
increasing the wealth of the few. Business corporations are responsible for
numerous violations of rights, particularly those of workers, women and
indigenous peoples. It is necessary to strengthen the regime of rights by
making corporations liable for the violation of rights. 

SUSTAINABLE DEVELOPMENT AND THE PROTECTION OF THE ENVIRONMENT
2.9 Economic development must be sustainable. We must protect the
environment against the avarice and depredations of commercial enterprises
to ensure that the quality of life does not decline just as the gross
national product increases. Technology must liberate, not enslave human
beings. Natural resources must be used in a manner consistent with our
obligation to future generations. We must never forget that we are merely
temporary custodians of the resources of nature. Nor should we forget that
these resources are given to all human kind, and consequently we have a
joint responsibility for their responsible, fair and equitable use.  

RIGHTS
3.1 We endorse all the rights that are contained in international
instruments. It is unnecessary to restate them here. We believe that these
rights need to be seen in a holistic manner and that individual rights are
best pursued through a broader conceptualization which forms the basis of
the following section. 

THE RIGHT TO LIFE
3.2 Foremost among rights is the right to life, from which flow other rights
and freedoms. The right to life is not confined to mere physical or animal
existence but includes the right to every limb or faculty through which life
is enjoyed. It signifies the right to live with basic human dignity, the
right to livelihood, the right to a habitat or home, the right to education
and the right to a clean and healthy environment for without these there can
be no real and effective exercise or enjoyment of the right to life. The
state must also take all possible measures to prevent infant mortality,
eliminate malnutrition and epidemics, and increase life expectancy through a
clean and healthy environment and adequate preventative as well as curative
medical facilities. It must make primary education free and compulsory.
3.3 Yet in many parts of Asia, wars, ethnic conflicts, cultural and
religious oppression, corruption of politics, environmental pollution,
disappearances, torture, state or private terrorism, violence against women,
and other acts of mass violence continue to be a scourge to humanity
resulting in the loss of thousands of innocent human lives.
3.4 To ensure the right to life, propagation of war or ethnic conflict or
incitement to hatred and violence in all spheres of individual or societal
or national or international life should be prohibited.
3.5 The state has the responsibility to thoroughly investigate cases of
torture, disappearances and custodial deaths, rapes and sexual abuses and to
bring culprits to justice. 
3.6 There must be no arbitrary deprivation of life. States should take
measures not only to prevent and mete out punish for the deprivation of life
by criminal acts and terrorist acts but also prevent arbitrary
disappearances and killings by their own security forces. The law must
strictly control and limit the circumstances in which a person may be
deprived of his or her life by state authorities or officials.
3.7 All states must abolish the death penalty. Where it exists, it may be
imposed only rarely for the most serious crimes. Before a person can be
deprived of life by the imposition of the death penalty, he or she must be
ensured a fair trial before an independent and impartial tribunal with full
opportunity of legal representation of his or her choice, adequate time for
preparation of defence, presumption of innocence and the right to review by
a higher tribunal. Execution should never be carried out in public or
otherwise exhibited in public. 

THE RIGHT TO PEACE
4.1 All persons have the right to live in peace so that they can fully
develop all their capacities, physical, intellectual, moral and spiritual,
without being the target of any kind of violence. The peoples of Asia have
suffered great hardships and tragedies due to wars and civil conflicts which
have caused many deaths, mutilation of bodies, external or internal
displacement of persons, break up of families, and in general the denial of
any prospects of a civilized or peaceful existence. Both the state and civil
society have in many countries become heavily militarized in which all
scores are settled by force and citizens have no protection against the
intimidation and terror of state or private armies.     
4.2 The duty of the state to maintain law and order should be conducted
under strict restraint on the use of force in accordance with standards
established by the international community, including humanitarian law.
Every individual and group is entitled to protection against all forms of
state violence, including violence perpetrated by its police and military
forces.
4.3 The right to live in peace requires that political, economic or social
activities of the state, the corporate sector and the civil society should
respect the security of all peoples, especially of vulnerable groups. People
must be ensured security in relation to the natural environment they live
in, the political, economic and social conditions which permit them to
satisfy their needs and aspirations without recourse to oppression,
exploitation, violence, and without detracting from all that is of value in
their society.
4.4 In fighting fascist invasion, colonialism, and neo-colonialism, Asian
states played a crucial role in creating conditions for their peoples to
live in peace. In this fight, they had justifiably stressed the importance
of national integrity and non-intervention by hegemonic powers. However, the
demands of national integrity or protection against the threats of foreign
domination cannot now be used as a pretext for refusing to the people their
right to personal security and peaceful existence any more than the
suppression of people's rights can be justified as an excuse to attract
foreign investments. Neither can they justify any refusal to inform the
international community about the individual security of its people. The
right of persons to live in peace can be guaranteed only if the states are
accountable to the international community.
4.5 The international community of states has been deeply implicated in wars
and civil conflicts in Asia. Foreign states have used Asian groups as
surrogates to wage wars and have armed groups and governments engaged in
internal conflicts. They have made huge profits out of the sale of
armaments. The enormous expenditures on arms have diverted public revenues
from programmes for the development of the country or the well-being of the
people. Military bases and other establishments (often of foreign powers)
have threatened the social and physical security of the people who live in
their vicinity. 

THE RIGHT TO DEMOCRACY 
5.1 Colonialism and other modern developments significantly changed the
nature of Asian political societies. The traditional systems of
accountability and public participation in affairs of state as well as the
relationship of citizens to the government were altered fundamentally.
Citizens became subjects, while the government became more pervasive and
powerful. Colonial laws and authoritarian habits and style of administration
persisted after independence. The state has become the source of corruption
and the oppression of the people. The democratization and humanization of
the state is a pre-condition for the respect for and the protection of rights.
5.2 The state, which claims to have the primary responsibility for the
development and well-being of the people, should be humane, open and
accountable. The corollary of the respect for human rights is a tolerant and
pluralistic system, in which people are free to express their views and to
seek to persuade others and in which the rights of minorities are respected.
People must participate in public affairs, through the electoral and other
decision-making and implementing processes, free from racial, religious or
gender discriminations. 
	     
THE RIGHT TO CULTURAL IDENTITY AND THE FREEDOM OF CONSCIENCE
6.1 The right to life involves not only material but also the moral
conditions which permit a person to lead a meaningful existence. This
meaning is not only individually determined but is also based on shared
living with other human beings. The Asian traditions stress the importance
of common cultural identities. Cultural identities help individuals and
communities to cope with the pressures of economic and social change; they
give meaning to life in a period of rapid transformation. They are the
source of pride and security. There are many vulnerable communities in Asia
as elsewhere whose cultures are threatened or derided. Asian peoples and
governments must respect the cultures and traditions of its diverse
communities.   
6.2 The plurality of cultural identities in Asia is not  contrary to the
universality of human rights but rather as so many cultural manifestations
of human dignity enriching universal norms. At the same time we Asian
peoples must eliminate those features in our cultures which are contrary to
the universal principles of human rights. We must transcend the traditional
concept of the family based on patriarchal traditions so as to retrieve in
each of our cultural traditions, the diversity of family norms which
guarantee women's human rights. We must be bold in reinterpreting our
religious beliefs which support gender inequality. We must also eliminate
discriminations based on caste, ethnic origins, occupation, place of origin
and others, while enhancing in our respective cultures all values related to
mutual tolerance and mutual support. We must stop practices which sacrifice
the individual to the collectivity or to the powerful, and thus renew our
communal and national solidarity.
6.3 The freedom of religion and conscience is particularly important in Asia
where most people are deeply religious. Religion is a source of comfort and
solace in the midst of poverty and oppression. Many find their primary
identity in religion. However religious fundamentalism is also a cause of
divisions and conflict. Religious tolerance is essential for the enjoyment
of the right of conscience of others, which includes the right to change
one's belief.

THE RIGHT TO DEVELOPMENT AND SOCIAL JUSTICE
7.1 Every individual has the right to the basic necessities of life and to
protection against abuse and exploitation. We all have the right to literacy
and knowledge, to food and clean water, shelter and to medical facilities
for a healthy existence. All individuals and human groups are entitled to
share the benefits of the progress of technology and of the growth of the
world economy. 
7.2 Development, for individuals and states, does not mean merely economic
development. It means the realization of the full potential of the human
person. Consequently they have the right to artistic freedom,  freedom of
expression and the cultivation of their cultural and spiritual capacities.
It means the right to participate in the affairs of the state and the
community. It implies that states have the right to determine their own
economic, social and cultural policies free from hegemonic pressures and
influences.

RIGHTS OF VULNERABLE GROUPS
8.1 Asian states should formulate and implement public policies within the
above general framework of rights. We believe that in this way we will
establish fair and humane conditions for our individual and corporate lives
and ensure social justice. However, there are particular groups who for
historical or other reasons are weak and vulnerable and consequently require
special protection for the equal and effective enjoyment of their human
rights. We discuss the situation of several such groups, but we recognize
that there are also other groups who suffer from discrimination and
oppression. They include people who through civil conflict, government
policies or economic hardships are displaced from their homes and seek
refuge in other places internally or in foreign lands. Our states and
societies have become less tolerant of minorities and indigenous people,
whose most basic rights are frequently violated. Many of our societies still
discriminate against gays and lesbians, denying them their identity and
causing them great anguish and misery. Various economic groups, like
peasants and fishing communities, suffer from great deprivation and live in
constant fear of threats to their livelihood from landlords and capitalist
enterprises. All these groups deserve special attention. We urge states and
communities to give the highest priority to the amelioration of their social
and economic conditions.  

WOMEN
9.1 In most Asian societies women suffer from discrimination and oppression.
The cause of their oppression lies in both history and contemporary social
and economic systems.  
9.2 The roots of patriarchy are systemic and its structures dominate all
institutions, attitudes, social norms and customary laws, religions and
values in Asian societies, crossing the boundaries of class, culture, caste
and ethnicity.  Oppression takes many forms, but is most evident in sexual
slavery, domestic violence, trafficking in women and rape. They suffer
discrimination in both public and private spheres. The increasing
militarization of many societies in Asia has led to the increase of violence
against women in situations of armed conflict, including mass rape, forced
labour, racism, kidnapping and displacement from their homes. As female
victims of armed conflict are often denied justice, rehabilitation,
compensation and reparation of the war crimes committed against them, it is
important to emphasis that systematic rape is a war crime and a crime
against humanity. 
9.3 To end discrimination against women in the field of employment and the
right to work, women should  be given the right to employment opportunities,
the free choice of profession, job security,  equal remuneration, the right
to compensation in respect of domestic work, the right to protection of
health and safe working conditions, especially in safeguarding of the
function of reproduction and special protection in times of pregnancy from
work that may be harmful. Women should be given the full right to control
their sexual and reproductive health, free from discrimination or coercion,
and be given access to information about sexual and reproductive health care
and safe reproductive technology.
9.4 There are few legal provisions to protect women against violations of
their rights within the domestic and patriarchal realm. Their rights in
public law are seldom observed. Affirmative measures should be taken to
ensure full and equal participation of women in the political and public
life of the society. A considerable increase in the presence of women in the
various institutions of state power and in the fields of business,
agriculture and land ownership must be provided for by way of affirmative
action. The political, social and economic empowerment of women is essential
for the defence of their legal rights. 

CHILDREN
10.1 As with women, their oppression takes many forms, the most pervasive of
which are child labour; sexual slavery; child pornography; the sale and
trafficking of children; prostitution; sale of organs; conscription into
drug trafficking; the physical, sexual and psychological abuse of children
within families; discrimination against children with HIV/AIDS; forced
religious conversion of children; the displacement of children with and
without their families by armed conflicts; discrimination; and environmental
degradation. An increasing number of children are forced to live on the
streets of Asian cities and are deprived of the social and economic support
of  families and communities.
10.2 Widespread poverty, lack of access to education and social dislocation
in rural areas are among the causes of the trends which increase the
vulnerability of children. Long-established forms of exploitation and abuse,
such as bonded labour or the use of children for begging or sexual
gratification are rampant. Female infanticide due to patriarchal gender
preference and female genital mutilation are widely practised in some Asian
countries.
10.3 Asian states have failed dismally to look after children and provide
them with even the bare means of subsistence or shelter. We call on Asian
states to ratify and implement the Convention on the Rights of the Child. We
also call on communities to take the responsibility for monitoring
violations of children's rights and to press for the implementation of the
UN Convention in appropriate ways in their own social contexts.

DIFFERENTLY ABLED PERSONS 
11.1 Traditionally Asian societies cared for those who were physically or
mentally handicapped. Increasingly our communal values and structures, under
the pressure of new forms of economic organizations, have become less
tolerant of such persons. They suffer enormous discrimination in access to
education, employment and housing. They are unable to enjoy many of their
human rights due to prejudice against them and the absence of provisions
responding to their special demands. Their considerable abilities are not
properly recognized and they are forced into jobs which offer low pay and
little prospects of promotion. They have the right to provisions which
enable them to live in dignity, with security and respect, and to have
opportunities to realize their full potential.
11.2 The need to treat such persons with respect for their human rights is
apparent in the dismal way Asian states treat those with HIV or AIDS. They
are the victims of gross discrimination. A civilized society which respects
human rights would recognize their right to live and die with dignity. It
would secure to them the right to adequate medical care and to be protected
from prejudice, discrimination or persecution. 

WORKERS 
12.1 The rapid industrialization of Asian societies has undermined
traditional forms of the subsistence economy and has destroyed possibilities
of the livelihood of large sections of the rural people. Increasingly they
and other groups are forced into wage employment, often in industry, working
under appalling conditions.  For the majority of the workers there is little
or no protection from unfair labour laws. The fundamental rights to form
trade unions and bargain collectively are denied to many. Their wages are
grossly inadequate and working conditions are frequently grim and dangerous.
Globalization adds to the pressures on workers as many Asian states seek to
reduce the costs of production, often in collusion with foreign corporations
and international financial institutions.
12.2 A particularly vulnerable category of workers are migrant workers.
Frequently separated from their families, they are exploited in foreign
states whose laws they do not understand and are afraid to invoke. They are
often denied rights and conditions which local workers enjoy. They slog
without access to adequate accommodation, health care, or legal protection.
In many cases migrants suffer racism and xenophobia, and domestic helpers
are subjected to humiliation and sometimes, sexual abuse.  

STUDENTS
13.1 Students in Asia struggled against colonialism and fought for
democratization and social justice. As a result of their fearless commitment
to social transformation they have often suffered from state violence and
repression and remain as one of the key targets for counter-insurgency
operations and internal security laws and operations. Students are
frequently denied the right to academic freedom and to the freedoms of
expression and association.

PRISONERS AND POLITICAL DETAINEES
14.1 In few areas is there such a massive violation of internationally
recognized norms as in relation to prisoners and political detainees.
14.2 Arbitrary arrests, detention, imprisonment, ill-treatment, torture,
cruel and inhuman punishment are common occurrences in many parts of Asia.
Detainees and prisoners are often forced to live in unhygienic conditions,
are denied adequate food and health care and are prevented from having
communication with, and support from, their families.  Different kinds of
prisoners are frequently mixed in one cell, with men, women and children
kept in proximity. Prison cells are normally overcrowded. Deaths in custody
are common. Prisoners are frequently denied access to lawyers and the right
to fair and speedy trials. 
14.3 Asian governments often use executive powers of detention without
trial. They use national security legislation to arrest and detain political
opponents. It is notable that, in many countries in Asia, freedom of
thought, belief and conscience have been restricted by administrative limits
on freedom of speech and association.

THE ENFORCEMENT OF RIGHTS
15.1 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. 

PRINCIPLES FOR ENFORCEMENT
15.2 We believe that systems for the protection of rights should be based on
the following principles.
15.2a Human rights are violated by the state, civil society and business
corporations. The legal protection for rights has to be extended against
violations by all these groups. It is also necessary to reform these groups
by strengthening their ethical foundations and values and inculcating in
them a sense of their responsibility towards the disadvantaged and the
oppressed.
15.2b The promotion and enforcement of rights is the respon-sibility of all
groups in society, although the primary responsibility is that of the state.
The enjoyment of many rights, especially social and economic, requires a
positive and proactive role of  governments.   There is a clear and
legitimate role for NGOs in raising consciousness of rights, formulating
standards, and ensuring their protection by governments and other groups.
Professional groups like lawyers and doctors have special responsibilities
connected with the nature of their work to promote the enforcement of rights
and prevent abuses of  power. 
15.2c  Since rights are seriously violated in situations of civil strife and
are strengthened if there is peace, it is the duty of the state and other
organizations to find peaceful ways to resolve social and ethnic conflicts
and to promote tolerance and harmony. For the same reasons no state should
seek to dominate other states and states should settle their differences
peacefully.
15.2d  Rights are enhanced if democratic and consensual practices are
followed and it is therefore the responsibility of all states and other
organisations to promote these practices in their work and in their dealings
with others.
15.2e  Many individuals and groups in Asia are unable to exercise their
rights due to restrictive or oppressive social customs and practices,
particularly those related to caste, gender, or religion. Therefore the
immediate reform of these customs and practices is necessary for the
protection of rights. The reforms must be enforced with vigour and
determination. 
15.2f A humane and vigorous civil society is necessary for the promotion and
protection of human rights and freedoms, for securing rights within civil
society and to act as a check on state institutions. Freedoms of expression
and association are necessary for the establishment and functioning of
institutions of civil society. 
15.2g  It is necessary to curb the exploitative practices of business
corporations and to ensure that they do not violate rights of workers,
consumers and the public.

STRENGTHENING THE FRAMEWORK FOR RIGHTS
15.3a  It is essential to secure the legal framework for rights. All states
should include guarantees of rights in their constitutions, which should be
constitutionally protected against erosion by legislative amendments. They
should also ratify international human rights instruments. They should
review their legislation and administrative practices against national and
international standards with the aim of repealing provisions which
contravene these standards, particularly legislation carried over from the
colonial period.
15.3b Knowledge and consciousness of rights should be raised among the
general public, and state and civil society institutions. Awareness of the
national and international regime of rights should be promoted. Individuals
and groups should be acquainted with legal and administrative procedures
whereby they can secure their rights and prevent abuse of authority. NGOs
should be encouraged to become familiar with and deploy mechanisms, both
national and inter-national, for monitoring and review of rights. Judicial
and administrative decisions on the protection of rights should be widely
disseminated, nationally and in the Asian region. Governments, NGOs and
educational institutions should co-operate in disseminating information
about the importance and content of human rights.
15.3c  Numerous violations of rights occur while people are in custody and
through other activities of security forces. Sometimes these violations take
place because the security forces do not respect the permissible scope of
their powers or do not realise that the orders under which they are acting
are unlawful. Members of the police, prison services and the armed forces
should be provided training in human rights norms.

THE MACHINERY FOR THE ENFORCEMENT OF RIGHTS
15.4a  The judiciary is a major means for the protection of rights. It has
the power to receive complaints of the violation of rights, to hear
evidence, and to provide redress for violations, including punishment for
violators. The judiciary can only perform this function if the legal system
is strong and well-organized. The members of the judiciary should be
competent, experienced and have a commitment to human rights, dignity and
justice. They should be independent of the legislature and the executive by
vesting the power of their appointment in a judicial service commission and
by constitutional safeguards of their tenure. Judicial institutions should
fairly reflect the character of the different sections of the people by
religion, region, gender and social class. This means that there must be a
restructuring of the judiciary and the investigative machinery. More women,
more under-privileged categories and more of the Pariahs of society must by
deliberate State action be lifted out of the mire and instilled in judicial
positions with necessary training. Only such a measure will command the
confidence of the weaker sector whose human rights are ordinarily ignored in
the traditional societies of Asia.
15.4.b The legal profession should be independent. Legal aid should be
provided for those who are unable to afford the services of lawyers or have
access to courts, for the protection of their rights. Rules which unduly
restrict access to courts should be reformed to provide a broad access.
Social and welfare organizations should be authorised to bring legal action
on behalf of individuals and groups who are unable to utilize the courts. 
15.4c  All states should establish Human Rights Commissions and specialized
institutions for the protection of rights, particularly of vulnerable
members of society. They can provide easy, friendly and inexpensive access
to justice for victims of human rights violations. These bodies can
supplement the role of the judiciary. They enjoy special advantages: they
can help establish standards for the implementation of human rights norms;
they can disseminate information about human rights; they can investigate
allegations of violation of rights; they can promote conciliation and
mediation; and they can seek to enforce human rights through administrative
or judicial means. They can act on their own initiative as well on
complaints from members of the public.
15.4d Civil society institutions can help to enforce rights through the
organization of People's Tribunals, which can touch the conscience of the
government and the public. The establishment of People's Tribunals
emphasizes that the responsibility for the protection of rights is wide, and
not a preserve of the state. They are not confined to legal rules in their
adjudication and can consequently help to uncover the moral and spiritual
foundations of human rights.

REGIONAL INSTITUTIONS FOR THE PROTECTION OF RIGHTS 
16.1 The protection of human rights should be pursued at all levels, local,
national, regional and international. Institutions at each level have their
special advantages and skills. The primary responsibility for the protection
of rights is that of states, therefore priority should be given to the
enhancement of state capacity to fulfil this obligation.
16.2 Asian states should adopt regional or sub-regional institutions for the
promotion and protection of rights. There should be an inter-state
Convention on Human Rights, formulated in regional forums with the
collaboration of national and regional NGOs. The Convention must address the
realities of Asia, particularly the obstacles that impede  the enjoyment of
rights. At the same time it must be fully consistent with international
norms and standards. It should cover violations of rights by groups and
corporations in addition to state institutions. An independent commission or
a court must be established to enforce the Convention. Access to the
commission or the court must be open to NGOs and other social organizations.
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    Asian Human Rights Commission       Tel: +(852)-2698-6339
    Unit D, 7 Floor, 16 Argyle Str.     Fax:+(852)-2698-6367
    Mongkok Commercial Centre           Email: ua at hk.super.net
    Kowloon, Hong Kong SAR CHINA        samysd at hk.super.net
http://www.hk.super.net/~ahrchk

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