Asian Human Rights Commission - Asian Charter
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Speech of Basil Fernando
A Peoples Charter: Precursor to a Regional Charter Agreed on by Governments

I am proud to introduce to you the Asian Human Rights Charter: a people's charter. I have had the privilege of being involved in the making of this Charter since its inception. The most important part of that experience has been the opportunities made available to me to discuss human rights with so many people from various part of Asia; people belong to different cultures, different entities and different walks of life. These contacts and very intense discussions that have now lasted for over seven years have convinced me beyond slightest doubt that love of human rights is very much a part of the mind-set of people in Asia. They believe in their rights, they aspire for greater achievement of their rights, and they are bitter about denials of their rights. What is more, many of them are willing to make sacrifices for their rights.

It is true that the histories of Asian nations do not often show great examples of rulers who respected people's rights. The types of controls that have been exercised over people have often been harsh and even cruel. What historical political systems had in common, whether the caste system of India or feudalism in China, was the unwillingness of rulers to acknowledge the people's wish that their rights be respected. In modern times, military and communist dictatorships - and even some political systems with a democratic façade -have all shown disregard for human rights. However no one loves freedom more than those who were once denied it, and this is also true of human rights. Today, the aspiration to achieve human rights is contagiously high among the peoples of Asia, particularly among the young. To say that human rights are not part of Asian culture contradicts everything I have seen and heard in all parts of Asia. To say that it has not been the tradition in Asia for rulers to respect human rights may in general be true, however even then there have been some great exceptions: Asoka's reign in India was such a period. Some historians claim that Asoka's edicts constitute the world's first declaration on universal rights. In other nations' histories there may be similar examples.

We are living at a time when human rights have been accepted as universal criteria. Whether applied to politics, justice, education, health, economics or society, human rights are the correct measure for judging human wellbeing. Human rights have become the central component of any debate. It is only right that we in Asia try to catch up with this enormously positive development.

Asia has many problems. In numerous countries criminal investigation systems are very defective; torture is commonly used to extract confessions, which are still used as the main form of evidence in criminal trials. In many places there are no qualified judges or prosecutors. Disappearances, extra-judicial killings, and denials of freedom of expression and association are also common. Hunger remains a major concern. Children are the victims of all forms of abuse. Ordinary heath care is a luxury for many and the mentally ill in particular are neglected and stigmatized. The list of abuses is long.

Asia's human rights debate is taking place under these conditions. Solutions to denial of rights must be found. Such solutions are primarily local. However, experience shows that there also needs to be regional cooperation to realise solutions: Asia is very much in need of regional solutions to human rights problems. It is not right, for example, that some should die of hunger without response from others living in the region. Other regions have developed some common approaches to human rights concerns. We Asians also need to develop cooperation for implementation of rights. In Asia, we need a common agreement on what constitutes justice: justice in all areas of life. That is what this discussion on an Asian charter is essentially about.

A people's charter is important. It must state what the people expect to be included in a regional charter to be agreed on by governments. As a precursor to a government-sponsored charter, this People's Charter has engaged many people of Asia in this vital debate. We hope that this Chinese version will help many more to participate. The copies of the Chinese version should multiply and reach the vast population of China. We expect Chinese people will contribute many insights on the improvement of human rights and prevention of violations in Asia.

One of the major themes of the various human rights debates in the world today revolves around Article 2 of the International Covenant on Civil and Political Rights, which obligates countries to ensure that any person whose rights are violated should have an effective remedy. This remedy must be determined by competent judicial, administrative and legislative authorities and shall be enforced by these authorities. The Asian region is very much in need of proceeding further from mere declarations of rights and moving towards developing actual systems of enforcement. The main theme of the Asian Charter is this, and therein lies its relevance.

The sections on enforcement of rights articles 15 and 16 of this Charter are of unique importance. These articles deal in detail on the issue of effective remedies envisaged in ICCPR.

People everywhere want to have actual enforcement of rights. We hope this charter will contribute to the debate to make human rights more relevant to Asia from an enforcement point of view.

Thank you.

Posted on 2001-11-09



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