The Universal declaration of Human rights and the modern Asian values

Since then, many international documents on human rights of the United Nations, regional and international intergovernmental organizations and many national documents have been regularl[r]

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414 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND THE MODERN ASIAN VALUES

A/Prof Chu Hong Thanh

School of Law, Vietnam National University, Hanoi

Abstract

In 1948, the United Nations General Assembly solemnly adopted the Universal Declaration of Human Rights (UDHR) The UDHR is still valid until the present day and looks forward to the future, which is the foundation for the formation of the International Bill of Human Rights, including two basic human rights conventions adopted by the United Nations in1966 Although there are still a number of different opinions, but it is undeniable that the great historical stature of the UDHR, is the goal, motivation, endless inspiration for the protection and promotion of rights and basic human freedom worldwide

Since then there have been many statements, regional and intergovernmental charter, the Constitution of the nations have been born and UDHR references The Cultural, democratic, humanitarian and human rights values in Asian countries cannot be influenced by the UDHR There have been many studies on Asian values associated with the UDHR’s influence on the policies and laws of countries in this region This article is about the UDHR and modern Asian values with the desire to contribute more deeply to this relationship in a rapidly changing world with new opportunities and challenges

Key words: Universal Declaration of Human Rights, Asian value. The Universal Declaration of Human Rights, 1948

December 10, 2019 marks the 71st anniversary of the United Nations General Assembly’s adoption of the Universal Declaration of Human Rights (UDHR)

UDHR is a political essay that deeply touched thousands of millions of hearts Mankind, on every continent of the world, has a strong desire for freedom, happiness, basic human rights UDHR’s longevity, historical, cultural, human and legal values have deeply touched the human generation, awakening the conscience and the responsible community of nations in the world contemporary, across continents, in all Asian countries

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PA RT - CONSTITUTIONAL RIGHTS IN ASEAN MEMBER STATES: THE CASE STUDY OF MYANMAR AND VIETNAM

elimination of nightmares and the formation of a legal order for human rights appeared as early as January 1941, referring to the four freedoms as the goal for which the world order need to be achieved, the right to freedom of expression, the right to freedom of belief, the right to lack of freedom and the right to fear1 These rights are one of the ideological foundations for the formation of the United Nations and a major influence in the formation of global standards for human treatment

In the spring of 1945, the UN Charter, adopted in San Francisco, explicitly and profoundly addressed the values of human rights and fundamental freedoms Based on the Charter, many countries and non-governmental organizations have made efforts to promote the right to a separate set of rights laws The UDHR, adopted by the United Nations General Assembly on December 10, 1948, has a special place in the International Human Rights Code and in the International Legal System of Human Rights The Declaration is the basis for the two basic human rights conventions jointly adopted by the United Nations General Assembly in 1966 to form the International Bill on Human Rights, creating a solid basis for Other international instruments on human rights in various fields were subsequently adopted2 Since then, many international documents on human rights of the United Nations, regional and international intergovernmental organizations and many national documents have been regularly referred to the UDHR, including Asia with Human rights values are discussed directly

UDHR can be seen as a golden milestone, one of the greatest strides in the process of developing civilization and global culture3 In many ways, the UDHR has been considered a development Great ants are illuminating the international community’s humanitarian development path In the past 71 years, never in human history has the call of liberty and basic human rights been so influential to political and civil life so strong and so great People’s sovereignty and the establishment of the rule of law state of the people, by the people and for the people have become a basic principle of state conduct, with it an ever-increasing list of human rights, has been inspired by UDHR Democratic elections and referendums have been expanding, ceasefire agreements and elections have been carried out in many countries and with it human rights commitments that have great contribution to the process of national reconciliation and reconstruction, bringing peace and prosperity to many countries around the world Although there are still many disagreements in the various opinions on the issues of content and procedures to ensure the realization of real human rights, including the human rights and national responsibilities that have been recorded Although it was recognized in UDHR, but UDHR 1948 clearly showed the intense vitality and the need as air and light for the sustainable development of civilization and social justice For many centuries, in all areas of ethics, politics and law, the PRC will continue to be a classic document, and has been and will be a harmonious bridge between different views, because Human rights have become the “common language of humanity”

In the field of politics, UDHR not only reaffirms but also extends the principles of equality and non-discrimination noted in the UN Charter This expansion has been confirmed by a series of later human rights instruments and national commitments to eliminate discrimination in education,

1 UNHCHR, Frequently Asked Questions on a Human Rights-based Approach to Development Cooperation (New York

and Geneva, 2006)

2 Chu Hong Thanh, ‘Democracy, referendum and exercise of popular sovereignty’ (2013)04 Law and Development

Journal

3 Chu Hong Thanh, ‘Democracy, referendum and exercise of popular sovereignty’ (2013) 04 Law and Development

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416 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS employment, and discrimination against women, racial discrimination and other discrimination in society, to achieve social justice Regarding the legal importance, UDHR was adopted by a resolution of the General Assembly Although it is not a convention requiring ratification or accession such as a treaty document or agreement, the UDHR has a legal value that surpasses ordinary resolutions, even beyond its stature compared to other declarations made by the United Nations General Assembly UDHR has automatically been recognized and used as the most basic part of the International Human Rights Code, which is the basis for creating and maintaining the necessary legal frameworks on human rights Many countries have taken the UDHR as a model for constitutional and legislative activities In making its ruling, the International Court of Justice and many national courts cited UDHR as a tool to apply the law or based on UDHR as international practice1 As for the implementation of human rights in many countries, UDHR has always been at the forefront of political, diplomatic and public debate debates and conferences UDHR with its Preamble and 30 provisions have been, and will remain, a leading and important source of guidance for the establishment of human rights institutions and setting standards for UN surveillance activities on human right

Nonetheless the most important role of UDHR is probably that it has become the basis for many UN and regional surveillance mechanisms, forming an accepted “common measure” The process of exchanging information and investigative procedures in the field of human rights, such as procedure 1503 outlined in a resolution of the Socio-Economic Commission, is also based on UDHR Special Rapporteurs of the Human Rights Commission when conducting investigative missions also regularly use UDHR when the conventions are not sufficient to clarify human rights violations UDHR is a resolution, manifesto, not an international treaty, but because of that, UDHR has its stature and basic advantage of adjusting all UN member states, UDHR can apply It is valid for the whole world, not just for members as convention More specifically, many historical evidences and experiences have led many politicians and scholars to conclude that UDHR is a binding legal document equivalent to customary norms in Article 38 of the Regulations of the International Court of Justice2.

The Asian Values

Whether you like it or not, you must acknowledge the undeniable truth that UDHR has played an important role in realizing human rights for all The final UDHR provision reads “It is not allowed

to interpret any provision of this Declaration in a manner that implies that any country, group of persons or individuals may participate in any activity or take any action to undermine any rights and freedoms set forth in this Declaration.”3 This call is a command issued by UDHR, as a principle of national, regional and international behavior in the modern world

UDHR identified in its first content that the United Nations “Proclaiming this Universal Declaration

of Human Rights as a common implementation standard for all peoples and nations, so that each individual and society as a whole, remembers this manifesto, strives to promote respect for these freedoms by education and education, and by progressive measures on a national and international level,

1 Chu Hong Thanh, ‘The legal value of the Universal Declaration of Human Rights’(2018)11Vietnam’s Lawyer

Magazine

2 Chu Hong Thanh, ‘The legal value of the Universal Declaration of Human Rights’(2018) 11 Vietnam’s Lawyer

Magazine

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ensuring worldwide recognition and exercise of these freedoms for the peoples of the member states or the protected states.”1 Human rights are the common language, the common value of humankind, so are human rights values suitable for each region and each country? and whether or not there is a value for Asian human rights in the modern world?

As a “common language”, it is true that UDHR and international human rights law can only give general values and standards on human rights The UDHR and the International Human Rights Law clearly define that the responsibility for ensuring the implementation, protection and promotion of human rights is first and foremost the responsibility of each nation as the leading subject of the mandate international law system Each UN member state exists within a specific geopolitical region, with certain similarities in nature, soil, climate, weather, history, culture, human life, and cooperation, cooperation and development so it is impossible not to have common values in recognizing, protecting and ensuring the implementation of human rights

However, if human rights is considered a philosophical category, then the concept of “Asian philosophy” is more ambiguous, lackluster and less interested than the concept of “Eastern philosophy” Even today scholars and politicians talk more about the “Asia-Pacific” value but less the “Asian value” From UDHR, the United Nations human rights organizations and the system of regional human rights organizations have been established: the Council of Europe, the European Human Rights Convention, the European Court; the African Union Organization (with a committee dedicated to human rights and humanitarian issues), has a regional African human rights charter; the Organization of American Countries has: the American Convention on Human Rights and the Court of Human Rights of the Americas, etc, Particularly, Asia and the Asia-Pacific region not have any legal organization or document on human rights common rights for the whole region There is no common voice for the Asian region not because there are no regional needs and characteristics; the main reason is that the views of the governments of the countries are different and different But whether it is or not, Asia is still Asia, meaning that it still exists as a concept, a value, a region of nature and society, and a population

Although there is no common language about “Asian values” and there is no common voice about human rights on the continent Asia today is the hottest spot that attracts the attention of most modern international news: nuclear crisis on the Korean peninsula, China-US trade war; disputes in the East Sea; Japan - Korea - China relations; Transcontinental Trade Agreements; Taiwan and the political issue between the two straits of China; Hong Kong problem; ASEAN issues; Islamic cultural issues in Malaysia, Indonesia, Pakistan and the Near East, Afghanistan; the fight against terrorism and human rights allegations against several countries in Asia; obstacles in the process of joining EU of Turkey; dizzy economic growth in China; sexual exploitation against women in some countries; human trafficking and drug trafficking; illegal labor status; poverty, etc., All are more or less hidden in it the issue of Asian characteristics, called by some researchers, this is the “Asian mystery” The term “Asian mystery” is being used by Taya de Sacdin and some people with positive intentions to indicate the potential for good development of this region But many people before and after him, even Heghen, when treating Asia as a land of no freedom, alluded to the Asian mystery as the embodiment of negative traits In the nineteenth century, Eastern Europeans, with the illusion of a sacred mission of “civilizing civilization” for lands outside Europe, intensified the prejudice of a wise

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418 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS but slow Asia Until the beginning of the twentieth century, M.Viber, when promoting the good faith in Europe, still doubted Asian prosperity, he thought that this area did not have the cultural foundation to follow the path.1

The first nineteen years of the 21st century, Asia is much different from the previous century However, this difference has not lessened Asia’s “mystery” The trend of globalization seems to be an inevitable, but the wave of anti-globalization takes place everywhere, while Asia is still quite calm, seems to accept and disagree with globalization Many international forums, conferences and seminars have been opened in recent years but have not been able to explain to the root the mysterious Asian phenomena What are the characteristics of Asian culture, are they culturally Buddhist, apostolic, old, and Hindu?, and does the absorption of UDHR and modern human rights ideas still suffer? Deeply influenced by these thoughts, psychology? The rise of modern Asia has made Asia a topic that is both fascinating and more difficult to interpret

All explanation of modern Asia, or its future prediction, inevitably explores the region’s philosophical and cultural roots The understanding and application of ancient Indian philosophy, as well as Confucian and Buddhist philosophy are much different today Currently, only in the university and in the world of research can one understand the life philosophy of the original three religions, but Confucian culture, Buddhism, etc., are still very popular in daily life and become a way of life in everyday life It only takes a bowing act of Japanese or Korean people, the polite bowing of Vietnamese children to show respect and humility, people all around the world can realize that have the same source of Confucian culture The period of dependence on European colonies is over, but the remaining European culture in colonial Asian countries is not necessarily widespread and does not prevail in these countries On the contrary, many traditional values seem to have become a thing of the past, but are being reborn, present in modern social life, many temples and places of worship have been restored or newly built, many festivals with Asian cultural identity are in the renaissance The Asian value term on human rights does not exclude these sources, if not the values that are at the forefront of the “Asian values” connotation

In the face of global human rights, it’s time to decipher the “Asian mystery” If there was a time when the concept of “the East” was used as a tool of thinking by scholars from the viewpoint of Europe as the center, then the situation of the concept of “price” should not happen Asian values ”is only a tool for the outward thinking of some Easternists It is necessary to make an overview of Asian values at this time, although it is much later than it is too late Asian values are values that have Asian cultural roots, meaning to guide the behavior of people in this region; is the worldview, human outlook and methodology suitable for Asian social relations and traditional cultural behaviors Ancient Indian philosophy, Confucian philosophy, Buddhist philosophy, Taoist philosophy are the main sources of Asian values Asian values are directly related to respect, protection and guarantee of the exercise of human rights and freedoms in this region, in modern society

Among the ancient Asian values, it must be acknowledged that Confucianism had a very special fate, apparently buried in China during the Lu Xun period in the 20s and 20s, and later During the “Confucius Criticism” of the 1960s, Confucianism was not only not dead but was reborn and the rapid growth of mainland China Confucian culture is not everything, but it is indispensable in the

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development of modern Asian values, especially directly affecting further collective human rights values from UDHR

Born in ancient India, Buddhism has a profound influence on many countries and ethnic groups in Asia If its limitations are excluded, Buddhism can be regarded as very important to people and human rights values Buddhism advocates to ban killing (with all animals) It means protecting the right to life, recognizing the equality of human dignity and human rights Buddhism advises people to be tolerant Among the 14 commandments of the Buddha, one thing is that: “The greatest offering of life is tolerance.” This is consistent with UDHR because tolerance is one of the fundamental principles of human rights that has been confirmed in UDHR Buddhism advises people to love, to help fellow beings (compassion), the thought of compassion in Buddhism is very deeply The care and protection of vulnerable social groups in UDHR coincides with the Buddhist thought of compassion Buddhism pays special attention to cultivators and virtues The Buddhist “cause and effect” theory, which holds that people should be responsible for their own actions according to the law of cause and effect, is also a factor that promotes the perfection of character and is also an approach of UDHR A person with a personality is a person who is fully aware of his rights and responsibilities and respects the rights of others Buddhism advises people to refrain from greed and hatred, and to a certain extent it also works training personality training, curbing human rights violations Buddhism promotes the study and development of wisdom, certainly this encouragement is useful for promoting and protecting human rights

When studying Asian values, a rational outlook is needed Asian values are the product of real life and if folk life still nurtures or celebrates certain values to the level of world-class and methodological orientations for the activities of people, it can be considered as Asian values So all that can be done to make indigenous Asian ideals shaped culturally distinctive can be Asian values Famous Asian philosophers all discuss about human life and practice the way live according to your human outlook This is a characteristic of Asian philosophy and makes Asian values Traditional languages, dances or traditional customs of each Asian country that show the traditional Asian culture can all become Asian values

Since ancient times, Asian philosophy has always been a philosophy of people Asia has living notions, with a system of “human values and life” (Ho Chi Minh)1 This has been confirmed in the works of Dan Wait (Hong Kong, 1995), David Hitoc (United States, 1995), Mahathir Mohamat (Malaysia, 1996)2, Chen Fenglin (China, 1998), Francis Fukuyama (United States, 1998), Phan Ngoc (Vietnam, 1999), Tomy Ro (Singapore, 1999), Risac Robinson (Austraulia, 1996) and many other authors It shows some Asian values related to UDHR such as: (i) Promoting diligence and love of labor; (ii) Enhance the value of studiousness; (iii) Promote family and blood values; (iv) Promote community values and community responsibilities

Following the four values mentioned above, there are also a range of other qualities that make Asian values: frugal and frugal, upholding the duty between government and citizens, appreciating ethical society, not endorse extreme individualism, respect power, promote “authoritarian” government (F Fukuyama), self-reliance, discipline, respect for obligations to others, respect for the

1 Ho Chi Minh, The complete works of Ho Chi Minh (Hanoi National Politics Publisher 2000).

2 Mahathir Mohamad, Politics, Democracy and the New Asia: Selected Speeches by Dr Mahathir Mohamad, Vol

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420 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS government (according to Davit Hitcoc), acceptance, self-restraint, loyalty to family, partisans and the company, love for simplicity, not being tormented by material demands, more about taking care of your children than worrying about yourself (according to Phan Ngoc), but prefer achievement, form, and conservatism (according to Danate),1 etc., Of course, all those aforementioned qualities are not unique to Asians, but studies and surveys show that the four values above (hard work, studios, family and community) are always at the forefront Americans and Europeans place priority on their values, other qualities, especially personal rights, personal interests and creativity

It should be added that there are still many people, especially those who are still dominated by the Western viewpoint Eurocentricism or Orientalism, which often prejudice Asia as a cultural region with inherent negative traits such as dualism (right), pragmatic, materialistic and synchronicity, etc., But in the opposite direction, in recent decades, there have always been Western scholars who, fed up with classic norms and European rationalism, unknowingly blew into Asia with the notion of Asian tradition including all the good values that make the West admire Even some people think that it is time for the world to be the world of Asia Speaking at the University of Socbon, Paris, 1983, on the occasion of receiving an honorary doctorate, Ganidi, a famous female politician, a typical face of the succession of Indian philosophy, frankly admitted: “No only the wisdom and the madness of the past centuries weighed on us Being an heir is dangerous” In 1996, speaking at the 29th Pacific Economic Council meeting held in Washington, M Mahahathi, the Malaysian statesman, who is considered the most enthusiastic in praising Asian values, also making a comment: “ Asia is inextricably linked with customs, superstition, and spirit; corruption, heavy and often very common corruption, and ignoring corruption are heavy and widespread Their lists are too long, even impossible to count If Asia does not necessarily mean good, then the West does not necessarily mean bad There are still many preeminent points in the West that Asia needs to learn In the best Western societies, one sees a lot of value that we should apply and disseminate more deeply within our country”.2 Among these beautiful values are the rights and freedoms of the human person recognized in the UDHR

Conclusion

It can be clearly seen that Asia has never been as dynamic as it is today, development is promising to create an Asia with its new position in the 21st century and associated with it are the benefits The rights and freedoms of the human being are acknowledged in the UDHR Therefore, Asia has never been as concerned as it is today The top concern of non-Asian scholars and of Asian scholars themselves is the concern for human rights values Because human rights are a common language, and a universal value of humanity, regardless of skin color, nationality, place of residence, origin etc However, it cannot be denied that there is exist Asian values, including Asian values of human rights Recognizing the Asian values of human rights not only inspires each Asian nation to respect, protect, and guarantee the implementation of human rights, but also millions of Asian nations that can act together to establish mechanisms protect and promote human rights in Asia, and properly implement the contents of UDHR in this vibrant region

1 Tran Van Doan, ‘The Mystical experiences of reality’ (Research on culture, people and human resources at the

beginning of the 21 st century, Hanoi, 27th-28th November 2003)

2 Tran Van Doan, ‘The Mystical experiences of reality’ (Research on culture, people and human resources at the

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