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HUMAN RIGHTS IN ASIA

Wong Kai Shing

 

(specially presented to the Regional Workshop of “Building Solidarity in Asia pacific Region” organized by the World Student Christian Federation – Asia Pacific Region on 4-15 November 1996, held in Chiang Mai, Thailand.)

 

Asia is the home of over half of the world population. It is the cradle of major civilizations and religions 1. in the past two decades, the Asian economy has been growing rapidly. It is expected that Asia will become the locomotive of the world economy in the 21st century. However, behind the scene, a lot of Asian people have paid a high price. Their basic human rights, both civil and political rights and economic, social and cultural rights have been seriously trespassed.

 

According to the Asian Development Bank, there are between 700 million and 800 millions of poor people in Asia, about 500 million of them are in absolute poverty 2. They are denied the rights to all basic necessities including food, housing, health care, education and social security. They cannot share the fruits of economic prosperity. At the same time, in most Asian countries, people have been constantly suppressed by repressive regimes as they demand for equal political participation and improvement of their livelihoods.

 

Human Rights Issues in Asia

Civil and Political Rights and Repressive Regimes

In Asia, the Civil and Political rights of the people have been seriously violated. Most Asian

 

1 they are the Chinese civilization, the Indus civilization, religions namely Hinduism, Buddhism, Confucianism, Taoism, Christianity and Islam

2 Asian Development Bank. Asian Development Outlook 1994 Hong Kong: Oxford University press, 1994 p. 187

 

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governments are authoritative regimes in which the military often hold the leadership or take a key role. They use repressive means to suppress the demands of people for human rights and democracy. Each year, thousands of people are imprisoned or even killed. These people so-called the prisoners of conscience or political prisoners are constantly tortured or receive inhuman treatment in prisons. For instance, in 1988, the Burmese military junta brutally suppressed the pro-democracy movement initiated by Burmese students. The military troops fires to civilians. More than 8,000 people were killed. Thousands of students and pro-democracy leaders were put in jails. Similar events of repression have happened in Thailand, China and East Timor under the occupation of Indonesia.

 

Many Asian countries have used repressive laws to control their people. The notorious are those security laws or international security acts. These laws usually allow governments to arbitrarily detain people as long as they like without trial under the pretext of protecting national security. For instance, the Singaporean government arrested and detained 22 people without trial under the Internal Security Act for involving in a Marxist conspiracy to subvert the government in 1987 3. Around the same time, the Malaysian government arrested and detained 117 people without trial under its Internal Security Act 4. In South Korea, the National Security Law has long been used to silent opposition. Furthermore, harsh laws and strict license systems have been enforced in many Asian countries to control newspapers and electronic media. People are denied the right to freedom of expression, assembly and association. In relation to the problem of repressive laws, most judiciaries in Asian countries are not independent from intervention by their governments. Without the right to fair trial, the judiciary become a tool for the governments to legitimate their repression instead of a safeguard for the rights of people.

 

3 Chee, Soon Juan. Dare To Change: An Alternative Vision for Singapore: Singapore Democratic Party, 1994 p. 132

4 Hot-Line. “Ammendments to ISA (Malaysia)” Urgent Action Appeal. July 11, 1989

 

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Economic and Social Rights and Mal-development

 

In the quest for development, many Asian governments have invested most of their resources in industrialization and urban development to pursue economic growth. In order to attract foreign investment, Asian governments have advocated a cheap labor policy and minimized regulation on the conduct of foreign enterprises. The urban biased development have resulted in the imbalance development between the rural and urban areas.

 

Constant extraction of rural resources to subsidize urban development has impoverished the rural areas where the majority of the Asian population live. Development projects such as the construction of dams have displaced a large number of peasants and indigenous peoples from their land which support their living. One example is the construction of dams in the Narmada Valley which will be displace about 20 million people and submerge extensive areas of irreplaceable forest 5. As a result, the income gap between the urban and rural areas are widening. To escape from destitute life, many rural poor move to cities to look for work. Most of them finally have turned into urban poor. They also become a source of cheap laborers. Rapid urbanization and the influx of rural poor have caused problems including shortage of housing, lack of health care, inadequate provision of social services and education, increase of crime, etc. however, many Asian governments have done little to improve the social and economic conditions of the poor. Either they are incapable to do or they do not take them as priority.

 

To maintain the cheap labor policy, many Asian governments used various means to suppress labor rights to maintain low wage rates, such as passing laws to outlaw strikes and independent trade unionism. Workers usually have to work long hours in bad working condition. Also the safety of workers in their working place has not been safeguarded. Many workers have been killed or seriously injured in a large number of industrial accidents in Asia. In Thailand, the Kader toy Factory, a joint venture between

 

5 Hot-line. “Protest Against Narmada Project (India).” Urgent Action Appeal. October 5, 1988

 

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Thailand and Hong Kong, was on fire on May 1993. In the fire, 188 workers were killed, 500 injured, 500 handicapped. The factory lacked most basic safety protection 6. To attract foreign investment, many Asian countries allow hazardous industries to operate near inhabited areas without sufficient regulation. The leakage of these hazardous industries have seriously polluted the environment and water at their surroundings. Many people in their neighboring community have suffered unknown diseases. The world’s worst disaster causing by hazardous industry was happened in Bhopal of India. On 2-3 December 1984, the Union Carbide pesticide manufacturing plant in Bhopal leaked a lethal gas that caused the death of over 2,000 people. About 200,000 people in the community were injured. Until now, the Bhoal victims still cannot receive meaningful relief and injustice 7.

 

Another important factor that seriously affects the livelihood of Asian People is the domination of Transnational Corporations (TNCs) and international economic agencies, especially the World Bank and the International Monetary Fund (IMF), on the economic policies of Asian countries. The aforementioned Kader’s fire and Bhopal’s leakage of poisonous gas are examples that reflect the irresponsible operation of some of the TNCs. Many TNCs exploit those favorable conditions provided and concessions made by Asian Developing countries to maximize their profits that have resulted in violations of worker’s rights, exploitation of natural resources and destruction of environment.

 

Through conditionalities attached to their loans, the World Bank and IMF have forced the developing countries to follow their requirement in local economic policies. Since 1980, the World Bank and IMF required countries to carry out a structural adjustment is to orient the debtor country’s economy towards the global market and transnational capital which requires the liberalization of domestic market, the promotion of exports, cutting

 

6 “Kader: The World’s Worst Factory Fire”. Asian Labor Update 21 (1996): 6

7 “Bhopal.” Communique Nos. 14, 15 & 16 (1992): 15

 

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of public expenditure, privatization of public enterprises, etc. The implementation of this program has increased the hardship of people in Asian developing countries.

 

Rights of Women, Children and Indigenous Peoples

In Asia, discrimination against women is prevalent in both public and private domains; under patriarchy that deeply rooted in our cultures. Most Asian women face unequal treatment in their economic status, education, and political participation. Violations of women's rights are common in the region including sex-ad harassment, rape, sexual slavery and trafficking, domestic violence, etc. Women's workers face harsh working condition and receive low salary in the course of economic development. To support their families, many women leave home to work as migrant workers, mostly domestic helpers, in other wealthier countries. They are very vulnerable to be exploited as separating from families and homeland. Another massive violations of women's rights occur in the situation of armed conflicts. Women and children are always the chief victims of war. Many women lose their home and are subjected to rape, mass rapes, military sexual slavery, and forced labor.

 

Under the widespread of poverty and armed conflicts in Asia, many children are deprived of food, shelter, education, and health care. They are also subjected to various abuses taking such forms as child labor; sale and trafficking of children, child prostitution, infanticide, etc. As a result, more and more children are forced to be wandering on the streets of Asian cities to struggle for survival on their own.

 

The indigenous peoples are the descendants of the original inhabitants of territories. Asia has the largest number of indigenous peoples in the world of about 150 millions representing various cultures. Their basic rights have been seriously violated throughout the colonial history and under the rapid economic development in the past decades in Asia. Most of their land and natural resources, which are their means of subsistence, have been grabbed away. Deforestation, logging, infrastructure programs have seriously destroyed the living environment and thus the way of life of the indigenous peoples such as the Penan people of Sarawak, the indigenous people in Narmada valley of India, the hill tribes in Thailand, etc. They are striving for self-determination against forced assimilation and invasion of their ancestral land.

 

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Understanding on Human Rights of Human Rights Movement in Asia

The demand for human rights in Asia has been rising in the past decades in response to the widespread suffering and inhuman treatment experienced by most Asian people under repressive regimes and mal-development. Under such oppressive situation, people are brutally denied of their inherent dignity. For the Asian people, the aspiration for human rights is to reclaim our right to be human and to reassert our human dignity. Human rights are not given and protected in the Asian context. We have to fight for them.

 

By asserting human rights, people realize that it is our right to fight against oppression. The principles of human rights are used to assess the present repressive political regimes and unjust economic systems. As a result, the aspiration for human rights has empowered people to fight for the transformation of society. This involves institution building such as establishing a participatory democratic system and legal protect of rights through an independent and accessible judiciary and other national human rights mechanisms. At the same time, the human rights movement in Asia is advocating for sustainable development. From this perspective, the concept of human rights is not static. The experience rooted in the suffering and struggles of the Asian people can enrich the content of human rights and foster a culture of human rights in Asia.

 

The human rights movement in Asia affirms that human rights are universal encompassing all cultures and traditions, which provides the basis of protection to all humanity 8. Therefore, the argument of cultural relativism against human rights posed by some of the Asian governments should be rejected. The respect for different cultures should not be interpreted as a kind of cultural exceptionalism to exclude human rights. Throughout the history, cultures are not static but have been constantly learning

 

8 This affirmation appears in three documents, which are widely accepted by Asian non-governmental organizations: Human Rights in Asia: The Struggle for Human Dignity (December 31, 1992); The Bangkok NGO Declaration on Human Rights (March 27, 1993). Our Common Humanity: The Draft Asian Human Rights Charter proposed by the Asian Human Rights Commission

 

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from each others. There are many good things in our cultures, but there are bad things. Thus, "while advocating cultural pluralism, those cultural practices which derogate from universally accepted human rights, including women’s rights, must not tolerated.

 

In response to the Asian government's assertion of the supremacy of national sovereignty over human rights, the human rights movement in Asia stands for the view that ”as human rights are of universal concern and are universal in value, the advocacy of human rights cannot be considered to be an encroachment upon national sovereignty 10. Also it should be the people of a country that hold the sovereignty. This means that a government can represent the sovereignty of people only if she upholds "the human rights of her people. Therefore, there should, be no conflict between human rights and sovereignty.

 

The human rights movement in Asia also affirms that human rights are indivisible and interdependent and therefore a holistic, integrated approach to human rights should be pursued 11. The Asian authoritarian governments justify their violations of civil and political rights under the pretext of economic development. These governments argue that economic development can ensure the economic rights of people. However, as discussed before in this article, most people are not benefited from the economic development policies advocated by these Asian governments. The disparity between the rich and the poor is widening. In fact, civil, political, economic, social, and cultural rights are indivisible. Without civil and political rights, economic, social, and cultural rights cannot be protected. Without economic, social, and cultural rights, civil and political rights become seriously restricted, because people have no resource to exercise these rights.

 

While affirming the rights of individuals, the human rights movement in Asia

 

9 The Bangkok NGO Declaration on Human Rights (March 27, 1993)

 

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emphasizes the protection of the rights of groups which have been consistently violated such as women, children, indigenous peoples, minorities, workers, peasants, refugees and displaced persons, the disabled and the elderly.

 

The Role of Human Rights NGOs in Asia

The non-governmental organizations play a very important role in promoting human rights in Asia. It is difficult to say which group is human rights organization and which group is not; because human rights involve a wide range of work, from the provision of legal assistance to the promotion of sustainable development. Some groups focus on the rights of particular groups of people such as women, children, indigenous peoples, workers, refugees, etc. Anyway, there are a range of activities that most human rights NGOs involve.

 

One of the main work of human rights NGOs is to monitor the human rights situation in their countries generally or focusing on particular vulnerable groups. This includes investigating human rights violations, documenting cases of abuses, keeping an eye on the impact of national legislation and government policies on human rights, and preparing reports to publicize their findings. Fact-finding missions have been frequently conducted which involved respected human rights experts and activists to investigate serious and massive human rights violations. Monitoring and investigating are very useful means to hold the governments accountable on the protection of human rights.

 

Public action campaigns and urgent appeals are conducted to arouse public and international concern on particular human right issues or violations. These include petitions, demonstrations, public assemblies, signature campaigns, street dramas, public forum, etc. It is very important to organize the victims of human rights violations to involve in these campaigns to arouse public concern. In recent years, there are increase of international solidarity campaigns such as the campaigns on Burma, East Timor, Sri Lanka, Thailand, scrapping of foreign debts, etc. international people's tribunals have been organized to provide a channel for victims to voice out their cases and seek for justice.

 

Another important work of human rights NGOs is standard setting Many Asian NGOs

 

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have been actively participated is human rights standard setting in national, regional, and international levels. This includes drafting of people's charters on different human rights issues, initiatives on introducing national human rights legislation, involving in UN efforts on setting standards on various human, rights issues, etc.

 

Moreover, to foster a human rights culture in Asia, more and more human rights NGOs involve m human rights education. This includes designing curriculums and teaching packages on human rights and developing different medium such as drama, cartoons, videos, games and songs to promote human rights.

 

Conclusion

Positively, people's awareness of and discussion on human rights is increasing in the last decade. Even the Asian governments have to admit that "states have the primary responsibility for the promotion and protection of human rights" 12 although probably they do not truly believe it. Many things have yet to be done. Besides the promotion of human rights and monitoring of violations, we should increase our efforts to improve the actual implementation and enforcement of human rights in Asia. It is very important to develop our own national and regional human rights mechanisms, which suit our context. These mechanisms should not only provide legal remedies but also social and political remedies to enhance sustainable development and equal political participation. At the same time, a culture of human rights that make people respect each other's rights should be fostered. It is still a long way to go to realize human rights in Asia.

 

12 The Bangkok Declaration, adopted by the Asian governments in the Regional Meeting for Asia of the World Conference on Human Rights

 

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