Taking Stock of Regional Democratic Trends in Asia and the Pacific Before and During the COVID-19 Pandemic

2020 ◽  
Author(s):  

This GSoD In Focus Special Brief provides an overview of the state of democracy in Asia and the Pacific at the end of 2019, prior to the outbreak of the pandemic, and assesses some of the preliminary impacts that the pandemic has had on democracy in the region in 2020. Key fact and findings include: • Prior to the outbreak of the COVID-19 pandemic, countries across Asia and the Pacific faced a range of democratic challenges. Chief among these were continuing political fragility, violent conflict, recurrent military interference in the political sphere, enduring hybridity, deepening autocratization, creeping ethnonationalism, advancing populist leadership, democratic backsliding, shrinking civic space, the spread of disinformation, and weakened checks and balances. The crisis conditions engendered by the pandemic risk further entrenching and/or intensifying the negative democratic trends observable in the region prior to the COVID-19 outbreak. • Across the region, governments have been using the conditions created by the pandemic to expand executive power and restrict individual rights. Aspects of democratic practice that have been significantly impacted by anti-pandemic measures include the exercise of fundamental rights (notably freedom of assembly and free speech). Some countries have also seen deepened religious polarization and discrimination. Women, vulnerable groups, and ethnic and religious minorities have been disproportionately affected by the pandemic and discriminated against in the enforcement of lockdowns. There have been disruptions of electoral processes, increased state surveillance in some countries, and increased influence of the military. This is particularly concerning in new, fragile or backsliding democracies, which risk further eroding their already fragile democratic bases. • As in other regions, however, the pandemic has also led to a range of innovations and changes in the way democratic actors, such as parliaments, political parties, electoral commissions, civil society organizations and courts, conduct their work. In a number of countries, for example, government ministries, electoral commissions, legislators, health officials and civil society have developed innovative new online tools for keeping the public informed about national efforts to combat the pandemic. And some legislatures are figuring out new ways to hold government to account in the absence of real-time parliamentary meetings. • The consideration of political regime type in debates around ways of containing the pandemic also assumes particular relevance in Asia and the Pacific, a region that houses high-performing democracies, such as New Zealand and the Republic of Korea (South Korea), a mid-range performer (Taiwan), and also non-democratic regimes, such as China, Singapore and Viet Nam—all of which have, as of December 2020, among the lowest per capita deaths from COVID-19 in the world. While these countries have all so far managed to contain the virus with fewer fatalities than in the rest of the world, the authoritarian regimes have done so at a high human rights cost, whereas the democracies have done so while adhering to democratic principles, proving that the pandemic can effectively be fought through democratic means and does not necessarily require a trade off between public health and democracy. • The massive disruption induced by the pandemic can be an unparalleled opportunity for democratic learning, change and renovation in the region. Strengthening democratic institutions and processes across the region needs to go hand in hand with curbing the pandemic. Rebuilding societies and economic structures in its aftermath will likewise require strong, sustainable and healthy democracies, capable of tackling the gargantuan challenges ahead. The review of the state of democracy during the COVID-19 pandemic in 2020 uses qualitative analysis and data of events and trends in the region collected through International IDEA’s Global Monitor of COVID-19’s Impact on Democracy and Human Rights, an initiative co-funded by the European Union.

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.


NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.


Author(s):  
Robin Ramcharan

Citizens of ASEAN states appear to be increasingly involved, through Information Communication Technologies (ICTs), in pushing for greater openness and accountability of their political leaders and public institutions. In particular, ICTs afford citizens of ASEAN States and like-minded counterparts around the world in the human rights community to push for greater accountability of ASEAN’s human rights institutions. With the adoption of the ASEAN Charter in 2007, ASEAN states embarked on a process of crafting a regional ASEAN Intergovernmental Commission on Human Rights (AICHR), eighteen years after the World Conference on Human Rights in Vienna, Austria. While the World Conference had reaffirmed the universality of human rights, ASEAN states have moved grudgingly and gradually, egged on by greater global concern for human rights and by the pressures of globalization, towards the protection of human rights. The Terms of Reference (TORs) of the AICHR, adopted in July 2009 and favouring promotion rather than protection of human rights did not provide for an institutionalised role for the media. Subsequent drafting by AICHR of a proposed ASEAN Human Rights Declaration (AHRD) has excluded mainstream news media and civil society organizations (CSOs) from the process. In the absence of reporting and substantive reporting by most mainstream media in the region civil society, most importantly the new ICT based media, has played a vital role in seeking to advance the protection of human rights. This includes scrutiny of the specific rights that will be included in the forthcoming AHRD to ensure that international human rights standards are upheld and that ASEAN states honour their existing commitments under international instruments. The new media-environment provides a platform for a multitude of actors to disseminate human rights related information, to document human rights abuses and thereby enhance the protection of human rights in the region.  


2021 ◽  
Author(s):  
Anwar Faraj ◽  
Narmeen Ahmed

The tolerance is one of the issues that have aroused the interest of specialists and activists in political and cultural affairs in various countries of the world. Especially those countries whose societies have suffered from: societal crises, national or religious differences, and civil wars or internal or external political conflicts. Because of the developments in the human rights movement and the activities of international organizations and their role in alleviating conflicts and building peace in many countries, the issue of tolerance has become one of the global issues that receive the attention of global institutions, including global civil society organizations, which have witnessed an expansion in their activities by developments in Information and communication technology, to contribute an effective role in the cause of tolerance in various countries of the world, and is attracting interaction at the level of the international community.


Author(s):  
N. Nykytchenko

This article is devoted to the study of the theoretical and scientific-practical nature of the institution of representation in the EU countries and the development of proposals based on them on improving the legal status of a lawyer in Ukraine, taking into account the best European practice. The place of the advocacy in the modern legal system can be characterized as one of the ways of self-restraint of state power through the creation and functioning of an independent human rights institution that promotes its activities by fulfilling the constitutional function of the state – the realization and protection of human rights and freedoms. The constitutional and legal status allows advocates to participate in ensuring the rights not only of everyone, but of the whole civil society, to implement the human rights function, ensuring the interaction in the activity of the institutional systems of the state and civil society. Since 2012, the advocacy reform has been initiated and brought to the standards of the European Union. However, over 6 years have passed, but no significant positive changes have taken place in this field. Ensuring the constitutional rights and freedoms of citizens still leaves much to be desired. The issue of voluntary admission of lawyers to the National Association of Advocates of Ukraine will be resolved, and so-called "lawyer's monopoly" needs to be substantially revised. Therefore, the review of the grounds, the rules, and the regularity of the prosecution in civil proceedings, which is carried out by the two advocates, needs a substantial improvement. In order to create in Ukraine the model of legal assistance taking into account modern legal frameworks, that is a guarantee of the right of accessibility and effectiveness of judicial protection in civil proceedings.


2020 ◽  
pp. 171-176
Author(s):  
S. P. Mitrakhovich

Identity politics has become a crucial feature of the transformation of modern social and political relations in many countries around the world. Representatives of “progressive” structures actively engaged in such a struggle, trying to undermine the foundations of the existing conservative social system and the established balance of institutions and relative powers of actors. Largely initiated by civil society organizations representing social minorities, this policy has become an instrument for the realization of the tasks of the state power. At the same time, identity politics, showing disparity approach to various social groups, while demanding the increasing powers of the State in its implementation, remains deeply contradictory and generates ideological hybrids such as “eco-authoritarianism” or “liberal authoritarianism”.


2019 ◽  
Vol 16 (1) ◽  
pp. 21-34
Author(s):  
Ludwig Krämer

This paper discusses, if and how the challenges of climate change could be brought in a case before the Court of Justice of the European Union. It concentrates on the admissibility of such a case and finds in the European Charter of Fundamental Rights the lever to overcome the obstacles which Article 263 tfeu places in front of members of the civil society. It discusses successively the questions of the Union act which might be tackled, the questions whether individual persons are directly and whether they are individually concerned by climate change decisions; and it ends with a short concluding remark.


2019 ◽  
Vol 88 (1) ◽  
pp. 65-85
Author(s):  
Bruno De Witte

The concept of the autonomy of European Union law plays an important role in the fundamental rights domain. Autonomy has been expressly invoked by the Court of Justice of the European Union (cjeu) when reviewing international legal norms on human rights grounds, and when denying the possibility for the eu to accede to the European Court of Human Rights (echr). The article also describes other constellations in which the cjeu has sought to preserve the distinctiveness of the eu’s approach to the protection of rights but without resorting to the use of autonomy language. The article concludes by advocating a positive rather than merely defensive use of autonomy, namely to describe the distinctive role that eu human rights policies can play in ensuring the effective enjoyment of human rights in the world.


Purpose. The purpose of the article is to investigate the peculiarities of the formation of revenues and expenditures of civil society institutions in Ukraine (in terms of NGOs and political parties) and to highlight them as a reflection of the effectiveness of the organization civil society finances. Design/methodology/approach. The work consists of several stages. Firstly, the author's understanding of the category "efficiency of civil society finances" is highlighted. It corresponds to the peculiarities of the functioning of civil society institutions in Ukraine and the world. The study itself consists in a step-by-step analysis of the peculiarities of the formation of revenues and expenditures of civil society institutions in Ukraine (in terms of NGOs and political parties) and their interrelation as a reflection of the effectiveness of civil society finances. Findings. The ratio of revenues and expenditures of Ukrainian NGOs and PPs in the study period characterized the state of the professionalism of financial reporting and planning. It is depends on the mechanism of state regulation and supervision of the finances of PPs and of other CSIs. Thus, improving the existing mechanism of state regulation in the field of finance of CSIs can be an important step towards not only improving the efficiency of finances of civil society, but also the transparency of the public sector. Originality/value. The article is an original complex study, the results of which will be useful both for the leaders of individual civil society organizations and for developers of the state strategy for building civil society. Thus, the population, civil society organizations, the state and civil society itself benefit from the study.


2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari

Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.     Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.  


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