Basil Fernando

[Ed. Note: This presentation and the four others that follow were made during the launch of the Chinese version of the Asian Human Rights Charter in Hong Kong on Dec. 8, 2000. The author of this presentation is the executive director of the Asian Human Rights Commission (AHRC).]

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 this experience has been the opportunities made available to me to discuss human rights with so many people from various parts of Asia-people who belong to different cultures, different ethnicities and different walks of life. These contacts and very intense discussions that have now lasted for more than seven years have convinced me beyond the slightest doubt that the love of human rights is very much a part of the mindset of people in Asia. They believe in their rights; they aspire for the greater achievement of their rights; and they are bitter about the denial 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 have 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 have had in common, whether the caste system of India or feudalism in China, is 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 facade-have all shown a 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 Asia’s cultures 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 has been accepted as a universal criteria in many areas of life. Whether applied to politics, justice, education, health, economics or society, human rights are the correct measure for judging human well-being. 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, extrajudicial killings and the denial 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 stigmatised. The list of abuses is long.

Asia’s human rights debate is taking place under these conditions. Solutions to the 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 any 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 the implementation of rights. In Asia, we need a common agreement on what constitutes justice-justice in all areas of life. This 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 in 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 that Chinese people will contribute many insights on the improvement of human rights and the prevention of violations in Asia.