Law Yuk Kai

[Ed. Note: The author is the director of the Hong Kong Human Rights Monitor.]

The Asian Human Rights Charter is the fruit of the effort of civil society in Asia. We especially have to thank the Asian Human Rights Commission (AHRC) for bringing about this document and its Chinese version.

While affirming the universality of human rights, the Asian Human Rights Charter attempts to examine the history and the present situation of Asia. It summarises the common experience of Asian people in their struggle for human rights, reaffirms the universality of various rights integrated from the characteristics in the region and calls for the implementation of these rights. It is not only a checklist of rights enriched by the experience in the region (for example, the development of the ‘right to life’ by the Supreme Court of India was integrated into the charter) but is also an important document that analyses and comments on the history and the present situation of human rights in Asia as well as points out the direction toward implementing human rights in the region.

These conclusions, analyses, comments and directions are important references for different Asian countries, peoples and communities in fighting for their rights. With the publication of the Chinese version of the Asian Human Rights Charter, we can now read and understand the charter in our own language.

This substantial document is particularly significant to the struggle for human rights in Hong Kong in many ways. With such a limited time to speak, I can only share a few of them with you.

First, ideologically, the charter enhances the understanding of Hong Kong’s people on the essence of human rights. Among the debates on human rights in Asia, the most conspicuous argument to deny the universality of human rights is the theory of ‘Asian values.’ For China, the most common argument is the theory of ‘specificities.’ Moreover, by emphasising some rights, such as the right to subsistence, the Chinese government suppresses other rights, such as the right to association. The charter points out that, though the pursuance and implementation of human rights cannot be separated from the cultural values and the situation of a country, this cannot deny the universality and indivisibility of human rights. This analysis is an important reference for us in the discussion and reflection on the theories of ‘Asian values’ and ‘specificities’ and thus helps us to avoid being confused by the propaganda of those people in power.

Second, the presentation of the charter is different from the traditional style of writing in many human rights treaties. While affirming various rights for everyone, it goes beyond the presentation of a checklist. Based on the historical development of the region and the present situation in Asia, it attempts to highlight the problems in the region and to show what rights are being neglected or violated. It also discusses the direction of fighting for our rights and the relationship between different rights. Therefore, it helps to show the meaning and values behind different rights. This makes the discussion on rights not too abstract but instead closely related to the problems and the genuine needs in this region. I believe that the charter can enhance the understanding of Hong Kong’s people concerning their rights.

Third, the charter can help Hong Kong’s people to learn from common experiences in the region so that they can be more sensitive to reflect on human rights problems in Hong Kong. For example, the charter points out that colonisation in Asia led to the serious violation of the rights and freedom of Asia’s peoples. It reminds us that even though the colonial period is over ‘colonial laws and authoritarian habits and styles of administration have persisted after independence.’ Therefore, democratisation and humanisation of the State is still very important.

The undemocratic system of Hong Kong established during the colonial period survives and remains strong after the handover. The voting system involving groups and companies and the appointment system of the district boards have been revived, even though such systems were abandoned by the colonialists at the later stage of their colonies. It is most unfortunate that the mindset of distrusting and disrespecting people is still alive among some people. This mindset becomes the rationale behind small-circle elections and the obstacle to democratisation. Not only should we end the colonial system constitutionally, we should also help some leaders and certain citizens to decolonise their minds in order to realise their right to democracy.

The charter also reminds us of the problem of colonial laws and thus helps to increase our sensitivity in reviewing laws. For example, concerning the recent discussion on the Public Order Ordinance, we cannot simply demand a reversion to the old version of the ordinance for the reason that it has been rolled back after the handover. Instead, we have to carefully look into the ordinance to see if there are any provisions from the colonial period that violate human rights. The charter also reminds us and our government that we should get rid of the outdated mentality that despises the basic rights of people, emphasises control and worries that people will threaten its power and destabilise society. Instead, we should work on the review and improvement of existing laws, aiming to safeguard the rights of the people. The repeal of these colonial draconian laws can make the government more humane so that people will no longer suspect the government of being a colonial regime in another form.

Fourth, the charter can help us to go beyond Hong Kong’s boundary in dealing with local human rights problems. For example, the charter points out that poverty has not been alleviated under marketisation and globalisation. In Asia, the gap between the rich and the poor is widening. The lives of workers and vulnerable groups are getting worse. This is also the reality of Hong Kong. Every day it happens in Hong Kong that workers are forced by their employers to change their contracts to reduce their salaries and benefits or are even fired. The number of full-time jobs is becoming less and less while the number of low-wage hourly jobs is becoming more and more. The proportion of marginal workers increases continuously. The protections for the rights of workers are deteriorating. The issue of poverty and the wide disparity between the rich and the poor have become major concerns in Hong Kong. However, we tend only to review the domestic situation in Hong Kong without enough reflection on the issue of marketisation, a regional as well as a global development, let alone consider a regional or a global strategy with which to respond. For example, in Shenzhen in China and Bangkok, Hong Kong investors are unscrupulously exploiting workers and are disregarding industrial safety in order to reduce costs. However, the Hong Kong government is ignoring these facts. As a result, the employment opportunities in Hong Kong are continuously being drained away to these places. This has weakened the bargaining power of Hong Kong’s workers. Eventually, Hong Kong’s workers cannot escape from exploitation. Therefore, when we are dealing with the problem of unemployment in Hong Kong, we should not only address it locally but also ask the government to address the issue of international trade and workers at the regional level as well as the international level. The government should demand that other countries protect the rights of their workers. We also have to ask the Hong Kong government to adopt measures to restrain Hong Kong investors from exploiting workers overseas.

I call upon you to read this document carefully. I believe that you can grasp other meanings from it. We can also further discuss and enrich this lively document. By doing this, we are advocating for a regional human rights charter which is binding on Asian countries and governments and a regional mechanism for the promotion of human rights.

Lastly, I would like to thank again AHRC for bringing about this document and its Chinese version and the individuals and groups which participated in its formulation.