On Tuesday, 2 June 2009, the University of Essex Asia Human Rights Student Group, with the support of Professor Kevin Boyle, staged a conference for University of Essex students entitled “Strengthening Human Rights Protection in the Asia Region: Optimism or Pessimism?” The Asia Human Rights Student Group comprises human rights post-graduate students who share a common interest in human rights issues in Asia. The Group gratefully acknowledges the financial support of the Law School and the Human Rights Centre.
The conference addressed four themes: philosophical critiques on the ‘Asian Values’ debate; human rights practices in the Asia region; ASEAN and the prospect for an effective regional protection mechanism; and the role of Asian countries at the international level. Professor John Packer, the Director of the Human Rights Centre, opened the conference by drawing participants’ attention to a series of underlying questions in relation to the concept of Asia and human rights, and the Asian interpretation of human rights.
The first talk, given by Professor Michael Freeman, Research Professor in the Department of Government, was followed by a response from a Visiting Fellow of the Human Rights Centre, Dr. Usha Ramanathan from India. Prof. Freeman questioned whether there were distinct Asian values. Such a perception can be solely an ideological justification for governments’ abuse of power. One should distinguish the problem of defending human interests against governmental abuses from the real problem of reconciling universal values with local cultures. Noting that the concept of human rights encourages considerable cultural diversity, Dr. Ramanathan emphasised that culture is like a two-sided coin; sometimes it becomes an obstacle to human rights, but at the same time it can function as a tool to protect human rights.
The conference also offered an opportunity for students to share their experiences in working within human rights issues in Asia. Presentations were given on children’s rights in Nepal (Abhilasha Risal), the protection of refugees in Indonesia (Isa Soemawidjaja), the role of civil society in Myanmar (Marte Graff Jenssen), and the justiciability of the right to health in China (Shengnan Qiu).
The two presentations in the second session addressed the issue of prospects and challenges of an Asian perspective on human rights. It was noted that Asia-Pacific is the only region which lacks a regional human rights protection system. Prof. Boyle argued that the diversity of the States, the lack of an underlying shared value system, the weakness of political systems, and the position of major States in the Asian region that are or have been unsympathetic to the idea of creating a regional human rights system are the basic reasons for such an absence. The inter-governmental ASEAN is in principle now committed to some forms of regional human rights body. But there are real doubts that it will be given a strong protective mandate or will have independence from the Member States’ governments; the ASEAN Charter’s emphasis on cultural sensitivities and the principle of non-interference in the domestic affairs of Member States may result in a toothless body. But it is also possible that the mechanism can evolve into a stronger one.
The final talk was given by Mr. Benny YP Siahaan, First Secretary of the Permanent Mission of the Republic of Indonesia to the United Nations in Geneva. He spoke of the active cooperation and participation of Asian countries in the human rights mechanisms at the international level, notably within the Human Rights Council. The diversity of its membership in terms of political institutions, level of development, religion and culture has made it difficult for the Asian Group of States within the Human Rights Council to take united positions. In addition, human rights are a sensitive issue for Asian countries because of the strength with which they hold to the non-interference principle. However, he was optimistic that the constructive role of Asian countries will gradually expand within the Human Rights Council.
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(Source: http://www.essex.ac.uk/human_rights_centre/news_and_seminars/newsEvent.aspx?e_id=718)
The conference addressed four themes: philosophical critiques on the ‘Asian Values’ debate; human rights practices in the Asia region; ASEAN and the prospect for an effective regional protection mechanism; and the role of Asian countries at the international level. Professor John Packer, the Director of the Human Rights Centre, opened the conference by drawing participants’ attention to a series of underlying questions in relation to the concept of Asia and human rights, and the Asian interpretation of human rights.
The first talk, given by Professor Michael Freeman, Research Professor in the Department of Government, was followed by a response from a Visiting Fellow of the Human Rights Centre, Dr. Usha Ramanathan from India. Prof. Freeman questioned whether there were distinct Asian values. Such a perception can be solely an ideological justification for governments’ abuse of power. One should distinguish the problem of defending human interests against governmental abuses from the real problem of reconciling universal values with local cultures. Noting that the concept of human rights encourages considerable cultural diversity, Dr. Ramanathan emphasised that culture is like a two-sided coin; sometimes it becomes an obstacle to human rights, but at the same time it can function as a tool to protect human rights.
The conference also offered an opportunity for students to share their experiences in working within human rights issues in Asia. Presentations were given on children’s rights in Nepal (Abhilasha Risal), the protection of refugees in Indonesia (Isa Soemawidjaja), the role of civil society in Myanmar (Marte Graff Jenssen), and the justiciability of the right to health in China (Shengnan Qiu).
The two presentations in the second session addressed the issue of prospects and challenges of an Asian perspective on human rights. It was noted that Asia-Pacific is the only region which lacks a regional human rights protection system. Prof. Boyle argued that the diversity of the States, the lack of an underlying shared value system, the weakness of political systems, and the position of major States in the Asian region that are or have been unsympathetic to the idea of creating a regional human rights system are the basic reasons for such an absence. The inter-governmental ASEAN is in principle now committed to some forms of regional human rights body. But there are real doubts that it will be given a strong protective mandate or will have independence from the Member States’ governments; the ASEAN Charter’s emphasis on cultural sensitivities and the principle of non-interference in the domestic affairs of Member States may result in a toothless body. But it is also possible that the mechanism can evolve into a stronger one.
The final talk was given by Mr. Benny YP Siahaan, First Secretary of the Permanent Mission of the Republic of Indonesia to the United Nations in Geneva. He spoke of the active cooperation and participation of Asian countries in the human rights mechanisms at the international level, notably within the Human Rights Council. The diversity of its membership in terms of political institutions, level of development, religion and culture has made it difficult for the Asian Group of States within the Human Rights Council to take united positions. In addition, human rights are a sensitive issue for Asian countries because of the strength with which they hold to the non-interference principle. However, he was optimistic that the constructive role of Asian countries will gradually expand within the Human Rights Council.
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(Source: http://www.essex.ac.uk/human_rights_centre/news_and_seminars/newsEvent.aspx?e_id=718)
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