Human Righis in Context of the Historical Non- Aligned Countries’ Debates on Universalism and Cultural Relativism, and Current Human Rights Development in Indonesia’ Professor Satya Arinanto” Human rights issue was born as a result from Nazi Era by the occurrence of Universal Declaration of Human Rights in 1948. Human rights are means to be universal by definition. The non-aligned countries generaity consider Iucman rights as western concept. The writer in this article is questioned ‘whether or not other cultures have a concept of human rights. ifthey have a ‘certain concept of human rights, the next question is whether or not it resembles that ofthe Universal Declaration. The writer finds it stilt dificult 10 build a bridge between universality and relativity of human rights concepts. Finally, the writer concludes that cultural relatvity is real and an undeniable fact. ‘Keywords : Haman Rights, Universality, Relativity Background ‘Human rights are a relatively new term for what has been traditionally understood as natural rights or the rights of man. In one of the drafting process events of the Universal Declaration of Human Rights in 1945-1948, Hansah Mehta from India questioned the drafters plan to use the term of “the rights of man” which — according to her ~ didn’t include “the tights of women”.* ‘ + Paper prsented st the XVI Intemational Anool Meeting in Political Stades on “Human Rights Today: 60 Anniversary ofthe Universal Decaration of Haman Rights” been held in the Palace Hote of Eston Lisbon, Portage, 26-28 June 2008. This cvent wos organized by Institido {de Estudos Politicos Universidade Catotica Portuguesa (asi for Political Sues, The Catboic Universiy of Portugal) in associstion with Royal Insitute of Philosophy Eeropasum Oxford, ‘Wyzsea Sztola Biznesa from Poland, FCE/FD-UCP and Georgetown Sumner Progr 2 Professor of Coosttational and Husman Rights Law and Chairman, Center forthe Sindy of ‘Constitutional Law, Facaty of LawUniversty of indonesia. 2 Mausice Cranston, What are Human Rights? (New York: Taplinger Publishing Co. Ine, 1975), <1. Volume 6 Number 3 Aprit 2010 479Jurnal Futur Internasiont ‘As we understood from the historical context, the Universal Declara- tion of Human Rights was the product of some global thinkers in their era who worked under the United Nations Commission on Human Rights chaired by Ms. Eleanor Roosevelt, the widow of the US former President Franklin Delano Roosevelt. This important document was the resultant of the struggte for eliminating human rights violations in post Nazi’s era. In the current event of the 60th Anniversary of the Universal Declara- tion of Human Rights, we need to reconstruct the great basic ideas behind the drafting of the Universal Declaration of Human Righis. One of the ba- sic ideas was the drafting of the universal aorms and standards forall peoples and all nations, But the development of human rights within it’s nearly 60 ‘years after the enactment of the Universal Declaration of Human Rights in 1948 brought us to some questions which are not only related to philo- sophical, religious, culture, and/or political backgrounds, but also the ques- tions on ihe generation of human rights, on universalism versus relativism, as well as on the universalism versus regionalism of human rights as being discussed within this evening session. I. Cultural Relativism in Human Rights Theories ‘Maurice Cranston, a noted human rights scholar, classifies human rights as: a form of moral right, and they differ from other moral righis in being ‘The rights of all people at all times and in all situations. This univeisal characteristic of human rights is a large part of our problem in seeking to Justify them” If haman rights are presumed to be universal, why are there any views labeling them cultural relativism? What is the perception of the non-aligned cconnities in this debate? From this point of view, Iwill ry to describe that — in historical perspective — cultural relativity is an undeniable fact, especially * Foran interesting discussion of this debate, ses a documentary movie on “For Bveryone Everywhere” which was produced by the United Nations Department of Public information in [Now York, 1998. I usually use this movie as a pat of my teaching materials on “Human Rights” ‘a the Postgraduate Stadies ofthe Feculty of Law University of Indonesia in Sakaria 5 Cranston, op. cit, at 21-22, Fors stimulating discussion, see also, osish A.M. Cobbeh, ““Aftican Values and the Homan Right Debate: An African Perspective”, 9Humnan Rights Quarterly 987), 309. 480 Voliame 6 Number 3 Aprit 2010hanan Right tn Comex of the Mitac New-Aignd Contre’ Debates on Unive ‘nd Citra Relation and Caren ltamae Rights Drvelopmars in inde from the view of the non-aligned countries, which generally consider hu- man rights as Western concepts. ‘Af human rights are literally the rights everyone has as a human being, they would seem to be universal by definition. One of the objections to this ‘view comes from the cultural relativism proponents, Their argument based ‘on the cultural relativism doctrine which holds that at least some variations cannot legitimately critized by the outsiders.* The primary question in this discourse is whether other cultures havea concept of buman rights or not. If they have a certain concept of human tights, the next question is whether or not it resembles that of the Universal Declaration of Human Rights or any other human rights instruments.’ From these questions comes another debate, namely, the universalism versus rela- tivism of the human rights concepts. Actually, we can find many arguments which try to condemn those ‘who try t0 “impose incompatible values” or to “exploit the issue of human rights”. This statement was stated by the late President Socharto of Indone- sia at the occasion of the tenth summit of the Non-Aligned Movement in Jakatia, Indonesia, in September 1992.® Such kinds of arguments were also raised from the group of countries which in the past we usually called the Third World countries. Jack Donelly, one of the leading vriters in human rights theories, clas- sifies some degrees of cultural relativism as follows:? (L) radical cultural relativism, which holds that “culture is the sole source of the validity of a moral right or rule”. He confronts this with radical universalism, which holds that “culture is irrelevant to the validity of ‘moral rights and rales, which are universally valid”; (2) strong cultural relativism, which holds that “culture is the principal source of the validity of amoral right or rule” and ‘Jack Donelly, Universal Human Rights in Theory and Practice (thaca: Comell University Press, 1989), at 109. * Alison Dundes Renteta, International Human Rights: Universalism versus Relativism (Newbury Pat: Sage Pabeston, 1950, a 1 “Arguing the “indivisiility” of rights tthe non-aligned conference”, 1 amen Rigs Wach (ea 1992), at. *Donelly, op. cit, at 109-110. Volume 6 Number 3 April 2010 481