Document Type

Article

Disciplines

International Law

Abstract

This conference issue concerns International Courts and the Protection of Human Rights; it appears incongruous to include an article on Asia, a region where there is no court of human rights, no regional convention on human rights, not even an inter-governmental commission on human rights. But no discussion of worldwide protection of human rights would be complete without considering developments in that immense part of the globe labeled "Asia."

It has been said that the American regional human rights system is in its infancy. Using the same analogy, it would be appropriate to observe that an Asian human rights system is in a prenatal, perhaps even a preconception, stage. The geographical extent, the cultural and religious diversity and the economic under-development of the region, as well as the existence of a number of authoritarian regimes, greatly complicate Asian regional approaches to human rights. But recent developments, particularly activities sponsored by non-governmental organizations, give promise of leading eventually to the development of Asian regional or sub-regional systems for the promotion and protection of human rights.

The lack of an Asian regional human rights system raises important issues with regard to the universality of the human rights movement. Asia includes nearly half of the world's population; it is the home of many of the world's great religions. Asian cultures have rich traditions which extend back millenia. Despite massive poverty in many areas, some Asian countries are experiencing astonishingly rapid economic growth. Asia is an immensely important region of the world. Why have Asian governments, unlike governments in Europe, Africa and Latin America (which have adopted regional human rights conventions) concluded that the time is not ripe for Asian human rights institutions? Is the concept of human rights an alien, European concept not easily assimilated into Asian cultural traditions? Is there an Asian concept of human rights as it has been contended that there is an African concept of human rights?' Are human rights concerns peripheral to the major problems facing Asian countries? Or are authoritarian and military regimes in power in Asia the main obstacle? Despite governmental inaction, are there grass roots movements in Asia focusing on human rights issues?

In this article, I suggest reasons why an Asian system has not yet evolved and discuss the questions posed by the lack of such a regional system as well as the tentative steps being taken towards an Asian regional approach. Part I provides an overview of the complexity and diversity of the Asian region. Parts II and III describe the as yet unsuccessful attempts to establish inter-governmental human rights institutions in the region. Part IV describes the important work of Asian non-governmental human rights organizations. Part V discusses the question of whether the concept of human rights is alien to Eastern culture as well as the contributions which Asian approaches to human rights may make to the worldwide human rights movement. In conclusion, I suggest that although the concept of human rights has developed historically in Western liberal culture, the rhetoric of human rights has become universal and Asian human rights conventions and commissions will eventually develop. Such developments are not for the near future, however, and the concept of human rights viewed through the Asian prism will take on Asian emphases and become more truly universal.

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