ETHICAL ISSUES IN ASIA

GROUP 4

Dan Homer Daraba

Judy Ann Miranda
Stephen John Mojica
Cyra Jane Onido
Daniel Quinto
Arlien Rebustillo
Lorena Sabado
 INTERNATIONAL LAW

A body of rules and principles of action

which are binding upon civilized states in
their relations with one another.

Is the body of legal rules which apply both sovereign states and
such other entities as have been granted international personality.
(Schwarzenberger)
 DISTINCTIONS WITH OTHER CONCEPTS
INTERNATIONAL INTERNATIONAL
MORALITY OR ETHICS ADMINISTRATIVE LAW
Embodies those principles That body of laws and
which govern the relations regulations created by the
of states from higher action of international
standpoint of conscience, conferences or commissions
morality, justice and which regulates the relation
humanity. and activities of national and
international agencies.
INTERNATIONAL
DIPLOMACY
Relates to the objects of
national or international
policy and the conduct
of foreign affairs or
international relations.
 FUNCTIONS OF INTERNATIONAL LAW

• Establish peace and order in the family of councils.

• Promote world friendship by leveling the barriers of color
and creed.
• Encourage and ensure greater international cooperation in
the solution of problems of political, economic, cultural and
humanitarian character.
ENFORCEMENT OF INTERNATIONAL LAW

• Through international organizations or regional groups

• Through amicable methods such as diplomatic talks
• Through hostile measures like extortions or reprisals
• Through war
 SANCTIONS OF INTERNATIONAL LAW

• Appeal to public opinion;

• Constant and reasonable fear that violations of international law might visit
upon the culprit retaliation of other states;
• The U.N. machinery which can be deterrent to international disputes.
• Observance of international law will redound to the welfare of the whole
society of nations.
 INTERNATIONAL
LAW

Source and Idea of legality or the

Ethical Significance
object of ethical rule of law is an
judgements ethical one

It gives institutional expression to

the rule of law in international
relations
PHILIPPINE’S FIVE (5) ARGUMENT
IN THE WEST PHILIPPINE SEA
 CHINA'S ‘HISTORICAL RIGHTS'
ARGUMENT: "First, that China is not
entitled to exercise what it refers to as
'historic rights' over the waters, seabed, and
subsoil beyond the limits of its entitlements
under the Convention.“

CHINA’s 9-DASH LINE

• ARGUMENT: "Second, that the so-called 9-dash line has no basis
whatsoever under international law insofar as it purports to define the limits
of China’s claim to 'historic rights.'"
 ROCKS VS ISLANDS
ARGUMENT: "Third, that the various maritime features relied upon by
China as a basis upon which to assert its claims in the South China Sea are
not islands that generate entitlement to an exclusive economic zone or
continental shelf.
Rather, some are 'rocks' within the meaning of Article 121, paragraph 3
others are low-tide elevations; and still others are permanently submerged.
As a result, none are capable of generating entitlements beyond 12NM
(nautical miles), and some generate no entitlements at all. China’s recent
massive reclamation activities cannot lawfully change the original nature
and character of these features."
BREACH OF THE LAW OF THE SEA
ARGUMENT: "Fourth, that China has
breached the Convention by interfering with
the Philippines’ exercise of its sovereign
rights and jurisdiction.“

DAMAGE TO ENVIRONMENT
ARGUMENT: "China has irreversibly damaged the
regional marine environment, in breach of UNCLOS, by
its destruction of coral reefs in the South China Sea,
including areas within the Philippines’ EEZ, by its
destructive and hazardous fishing practices, and by its
harvesting of endangered species."
WHOM IT AFFECTS?

FISHERMEN

ENVIRONMENT

LIVELIHOOD
 HUMAN RIGHTS ISSUES IN ASIA

• Brunei Darrusalam (Death by Stoning for • North Korea (Loyalty Groups and No
Adultery and Homosexuality cases) Rule of Law)
 DEATH BY STONING FOR ADULTERY AND
HOMOSEXUALITY CASES IN BRUNEI

Brunei, a Muslim-majority former British protectorate with a population of

around 400,000, began implementing syariah laws, which punish sodomy,
adultery and rape with the death penalty - including by stoning - and theft
with amputation.

Brunei has defended its right to implement the laws, elements of which
were first adopted in 2014 and which have been rolled out in phases since
then.

Oscar-winning actor George Clooney has called for a boycott of luxury

hotels owned by The Brunei Investment Company, such as the Beverly Hills
Hotel, the Dorchester in London and the Plaza Athenee in Paris.
 DEATH BY STONING FOR
ADULTERY AND HOMOSEXUALITY
CASES IN BRUNEI (cont.)

• Universal Declaration of Human Rights

Article 5: No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.

• International Covenant on Civil and Political Rights

Article 7: No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall be
subjected without his free consent to medical or scientific
experimentation.
 LOYALTY GROUPS AND NO RULE
OF LAW IN
NORTH KOREA
The North Korean governmen t divides its citizens into three
castes based on their perceived loyalty to Dear Leader: "core"
(haeksim kyechung), "wavering" (tongyo kyechung), and "hostile"
(joktae kyechung). Most of the wealth is concentrated among
the "core," while the "hostile"--a category that includes all
members of minority faiths, as well as descendants of perceived
enemies of the state--are denied employment and subject to
starvation.
 LOYALTY GROUPS AND NO RULE
OF LAW IN
NORTH KOREA (cont.)
The North Korean government maintains ten concentration
camps, with a total of between 200,000 and 250,000 prisoners
contained therein. Conditions in the camps are terrible, and
the annual casualty rate has been estimated as high as 25%.
The North Korean government has no due process system,
imprisoning, torturing, and executing prisoners at will. Public
executions, in particular, are a common sight in North Korea.
 PROGNOSIS ON THE HUMAN RIGHTS
SITUATION IN NORTH KOREA
The North Korean human rights situation cannot presently be solved
by international action. The U.N. Human Rights Committee has
condemned the North Korean human rights record on three different
occasions in recent years, to no avail.
Strict sanctions are of limited usefulness because the North Korean
government has already demonstrated that it is willing to allow millions
of its citizens to starve.
The North Korean government regularly breaks treaties, reducing
the value of diplomacy as a human rights strategy.
 ETHICAL ISSUE ON WOMEN’S
AND GIRLS’ RIGHTS
The Convention on the Elimination
Indonesia of All Forms of Discrimination

• Virginity Testing, Child

Against Women (CEDAW)

Marriage and Violence against

Women.
 VIRGINITY TESTING, CHILD MARRIAGE AND
VIOLENCE AGAINST WOMEN IN INDONESIA
Indonesia’s National Police and Armed Forces continued to inflict abusive,
unscientific, and discriminatory “virginity testing” on female applicants
despite mounting public pressure to abolish the practice.

In April, Jokowi announced that he was preparing a presidential decree

that would ban child marriage. Indonesia’s 1974 Marriage Law allows girls to
marry at 16 and men to marry at 19 with parental permission.

In July, Indonesia's official Commission on Violence against Women sought

assistance from the Presidential Executive Office in combating discrimination
against women. The commission has been advocating for the revocation of
discriminatory Sharia-based regional ordinances proliferating nationwide.
 VIRGINITY TESTING, CHILD MARRIAGE
AND VIOLENCE AGAINST WOMEN IN
INDONESIA (cont.)
One third of Indonesian women have faced physical or sexual violence,
according to new government data, prompting calls by a United Nations
agency for urgent action to protect women.

The government’s first national survey on violence against women showed

33 percent of women aged between 15 and 64 - around 26 million people - said
they have faced abuse in their lives.

Cases of violence are most common among women who have received
higher education and those who live in urban area, according to the survey
released in late March.
 VIRGINITY TESTING, CHILD MARRIAGE
AND VIOLENCE AGAINST WOMEN IN
INDONESIA (cont.)
Indonesia was ranked 88th out of 144 countries in the World
Economic Forum’s 2016 Gender Gap Index after scoring poorly on
economic participation, education and political empowerment.
The UNFPA, which has helped the Indonesian government carry
out the survey, urged action from authorities and communities,
saying failure to act could cost the country, including through
productivity losses.
 THE CONVENTION ON THE ELIMINATION
OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (CEDAW)
The Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), adopted on 18 December
1979 and entering into force on 3 September 1981 is an
international Convention that is also known as the “International
Bill of Rights for Women”. It is one of the core human rights
treaties, and with 187 States Parties, CEDAW remains one of the
most highly ratified UN Conventions.
 THE CONVENTION ON THE ELIMINATION
OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (CEDAW)
The CEDAW Convention is a unique tool to ensure full and equal
participation and enjoyment of rights by women in all spheres of
socio-economic, civil and political life. It seeks to reduce their
vulnerability to abuse and exploitation of all kinds – on the basis of
sex, gender, class, race, ethnicity, nationality and any other stat.
 FEMALE GENITAL MUTILATION
Female genital mutilation (FGM) comprises all procedures that involve
partial or total removal of the external female genitalia, or other injury to the
female genital organs for non-medical reasons.

The practice is mostly carried out by traditional circumcisers, who often

play other central roles in communities, such as attending childbirths.

FGM is recognized internationally as a violation of the human rights of girls

and women. It reflects deep-rooted inequality between the sexes, and
constitutes an extreme form of discrimination against women.
 FEMALE GENITAL
MUTILATION (cont.)

• MALAYSIA
Female genital mutilation Type I is prevalent in Malaysia, where
93%of females from Muslim families (about 9 million females) in
an unpublished study have been mutilated. It is widely considered
as a female sunnah tradition (sunat perempuan), typically in the old
days done by midwife (mak bidan) and now by medical physician.
 RIGHTS OF THE CHILD

1959 the UN General Assembly adopted the Declaration of the Rights

of the Child, which defines children's rights to protection, education, health
care, shelter and good nutrition

The Convention on the Rights of the Child is the most rapidly and
widely ratified human rights treaty in history—with 194 countries as “states
parties.”

The United Nations Convention on the Rights of the Child (UNCRC) is a

legally-binding international agreement setting out the civil, political,
economic, social and cultural rights of every child, regardless of their race,
religion or abilities.
 ISSUE: CHILD ENFORCED
MARRIAGE
Girls who marry as children are less likely to achieve their full potential.
They are more likely to leave education early, suffer domestic violence,
contract HIV/AIDS and die due to complications during pregnancy and
childbirth

Child marriage hurt countries’ economies. It damages social and economic

development and leads to a cycle of poverty between generations

In the Philippines, couples must be 21 to marry without permission, unless

they are Muslim; Muslim boys can marry at 15 and Muslim girls can marry at
puberty. And in India, Muslim and Hindu girls can marry at 12 as long as the
marriage is not consummated until the girl reaches the age of 15.
CONCLUSIONS/RECOMMENDATIONS/
TAKEAWAYS
ON THE WEST PHILIPPINE SEA
In order to enforce the decision of the arbitral tribunal in the
Philippine entitlement of the West Philippine Sea, UNCLOS should
establish a councils or regulatory bodies that is responsible for the
enforcement of the court’s decision especially if it is not violate the
international and national public policy. They should also create a
separate law that could give sanction to the states who are not able to
comply in such decision.

It is much easier to make an ethical law or policy that governs the

right of every nation, rather than to have an effective implementation.
 ON THE INTERNATIONAL
HUMANITARIAN ISSUES
In order to respect, protect and fulfill the right to life and security of person
guaranteed under international law, States must effectively investigate,
prosecute and punish perpetrators responsible for extrajudicial executions,
and enact hate crime laws that protect individuals from violence on the basis
of sexual orientation and gender identity.

Effective systems should be established for recording and reporting hate-

motivated acts of violence. Asylum laws and policies should recognize that
persecution on account of one’s sexual orientation or gender identity may be a
valid basis for an asylum claim.
 ON WOMEN’S AND
GIRL’S RIGHTS
Impact:
1. Women’s Health and Women’s Lives in Asia are at stake.
2.Violation of basic right to life of women and children.
3. The continued neglect of economic, political, socio-
cultural rights of women and children will lead to a cycle
of poverty in society.
 International treaties and conventions are results of
the impact of war, conflicts, poverty and human
suffering. It takes decades and tedious efforts to unite
and address international issues.

It is therefore imperative that countries recognize, comply and reform

if necessary for us to achieve a humane society. A society that upholds the
dignity of women and protects children as future heirs of the world.

To end, each one of us needs to challenge norms that promotes the

idea that females are inferior to males and instead, empower
females to be their own agents of change. Providing equal access to
education will enable young females to support themselves and live
fulfilled, independent lives. By encouraging young females to speak
up will allow their voices to be heard.