3. Prospects for the Development of Intergovernmental Human Rights Bodies in Asia and the Pacific

Author(s):  
Jon M. Van Dyke
Keyword(s):  
1993 ◽  
Vol 6 (1) ◽  
pp. 61-80 ◽  
Author(s):  
John D'Arcy May

Do human rights in their conventional, Western understanding really meet the needs of Pacific peoples? This article argues that land rights are a better clue to those needs. In Aboriginal Australia, Fiji, West Papua and Papua New Guinea, case studies show that people's relationship to land is religious and implicitly theological. The article therefore suggests that rights to land need to be supplemented by rights of the land extending to the earth as the home of the one human community and nature as the matrix of all life.


2020 ◽  
pp. 002200942091106
Author(s):  
James Kirby

This article examines The Gambia’s campaign from 1977-83 for a new international mechanism to protect human rights in the Commonwealth of Nations. President Dawda Jawara’s crusade for a Commonwealth Human Rights Commission complicates the dominant scholarly interpretation of human rights history, which tends to dismiss or overlook African participation in the international human rights movement. The article explains The Gambia’s display of human rights idealism as a strategy to attract aid and legitimacy in the global arena. It also shows how The Gambia’s project was thwarted by the ‘Old Commonwealth’, including the United Kingdom, Australia, New Zealand, and Canada. Western member states worked together to surreptitiously weaken and defeat The Gambia’s initiative, while deflecting blame and counting on ‘New Commonwealth’ governments in Africa, Asia, the Caribbean, and the Pacific to play the role of antagonist. Overall, the article contends the Commonwealth Human Rights Commission was killed because it threatened illusions and assumptions about the human rights movement that were convenient for western powers. With the use of archival sources from the UK, Canada, Australia, and New Zealand, this article spotlights the need for a more nuanced understanding of African and Global South actors in human rights history.


2011 ◽  
Vol 7 (3) ◽  
pp. 319-333 ◽  
Author(s):  
Terry Carney

AbstractThis article reviews approaches to the needs of disabled people in Asia and the Pacific, the only part of the world currently lacking regional human rights machinery. The article examines some of the social policy choices involved in prioritising different possible approaches to meeting the needs of disabled people in the region, with a focus on a proposed regional disability rights tribunal (DR-TAP). It is argued that this is not the top priority for immediate action; rather it is contended that capacity building and culturally appropriate attitudinal and other change strategies should instead be pursued over the medium-term horizon.


Author(s):  
Paul Spoonley

Most firms in Auckland are characterised by a structure which has broad, largely Polynesian base with a smaller totally white executive peak. Employers, as the principal gatekeepers controlling access to the resource of employment, have contributed to this imbalance by limiting the job opportunities available to the Pacific Islander. In relation to th1s, management needs to reassess its attitudes and practices, and the new Human Rights Commission Act may be a suitable incentive.


Author(s):  
Hurst Hannum

This chapter focuses on human rights in Asia and the Pacific. On the level of purely legal commitments, the great majority of Asian and Pacific states have ratified both of the two major UN human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR). Association of Southeast Asian Nations (ASEAN) is the most developed of the sub-regional organizations with respect to human rights, although that development has been fairly recent and, to date, relatively minimal. However, attempts to characterize or distinguish different approaches to human rights in Asia frequently include reference to a number of arguments put forward to justify Asian exceptionalism in this field. Perhaps the most widely asserted argument contends that ‘Asian values’ are different from the Western values that animate today’s international human rights norms.


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.


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