ASIAN CHARTER OF HUMAN RIGHTS

Declared on 17 May 1998 in Kwanjgu, South Korea

SUBMITTED BY: GROUP 11 ASIAN 2
GROUP MEMBERS: SUKHDEEP KAUR, AMRITPAL SINGH, MASIH KHAN
 It is also known as People’s Charter.

It was declared on the event of 50th

Anniversary of the UDHR.

FEATURES
OF THE
16 Asian Countries are the member of the Thousands of people from numerous Asian
Charter. countries.

CHARTER Charter took 3 years to complete after

More than 200 NGOs
continuous debate by:

Prof. Yash Ghai wrote the final draught of

the charter at the request of the committee People’s organization
from the AHRC, of which he was a member.
COMPARISON OF UDHR AND THE ASIAN
CHARTER
 Asian charter support all the international instruments including UDHR.
 There is no direct statement in UDHR that talks about the responsibility to protect human
rights. Article 8 talks about effective remedy. Whereas Asian Charter says that States must
bear the major responsibility for promoting human rights.
 Process of globalization have reduced the ability of international community and nations to
promote and protect rights as private corporations came into existence. So, it is vital to
enhance legal system of rights.
 Again, UDHR is silent about protecting environment and having economic growth for long-
term. However, in Asian Charter some restrictions were imposed on commercial sector to
protect natural recourses as well as to maintain healthy living standard.
 Although, Article 3 of UDHR simply states that people have life, liberty and security. Yet, in
Asian Charter it is in more explained form. From, describing the reasons of loss of life such
as wars, criminal acts, terrorist acts and many more to, giving responsibilities to states for
proper investigation and provide remedial measures.
 In order to maintain law and order, Asian charter imposes duties on state with restrictions by describing the
effects by which the peace and security of states got distributed. It also implies the role of national
integration . Article 22 of UDHR also gives right of social security for development of personality.
 Article 1,2,6,7,15,18,19,20,21,of UDHR mainly focus on fundamental rights essential for democracy where
states should be accountable, open and humane and ensures fundamental rights of their citizens. Asian
Charter specifically mentioned the significance of democracy as well the reasons why Asian countries need
democracy relating it to the unrest happen in the past years.
 No special category of individuals have specific rights in UDHR . However, The Asian Charter focuses on
the vulnerable group consist of women, children, workers, students, differently abled persons, prisoners and
political detainees to give more emphasis for protecting their social and political rights.
 According to UDHR effective remedy must be given by national tribunals. But, Asian charter gives
responsibility of enforcement at all levels local, national, regional and international. There should be
effective judicial system, Human Rights Commission and other specialized institutions to protect human
rights.
Special Features of the ASIAN Charter
 Economic growth must be long-term. To prevent the quality of life from
declining even while the gross national product rises, the nation must
preserve the environment from commercial firms' greed and environmental
destruction.

 Where the death penalty is available, it should be implemented by all states

because it can be applied to some very terrible offences. Execution should
never take place in public or be displayed in any other way.

 The requirement for the right to live in peace is that all political, economic,
and social actions taken by the government, businesses, and members of civil
society must respect the security of all individuals, especially those who
belong to vulnerable groups.
 Cultural identities offer life significance during a time of fast change and
assist individuals and communities in coping with the stresses of economic
and social change. In Asia, where the majority of people are extremely
religious, the freedom of religion and conscience is crucial. In the midst of
hardship and injustice, religion offers consolation and solace.

 The advantages of technological advancement and the expansion of the global

economy should be shared by all individuals and human groupings.

 However, some groups continually need social protection in order to enjoy

their rights equally and effectively. These categories include women,
children, people with disabilities, students, and workers. These groups are
particularly susceptible due to historical and other factors
 ENFORCEMENT
 Almost every Asian country have human rights written as a guarantee in
their law and the constitution, but constant failures of enforcement is the
reality. There has been a gap between the constitution’s written rights and
the ground reality in which people are being denied the rights they are
rightful to.
WHO IS RESPONSIBLE TO PROVIDE RIGHTS TO THE CIVILIANS?
 GOVERNMENTS: By enforcing certain standards on the systems
responsible for rights protection, Asian states must act quickly to
implement the human rights of its people and residents. States bear the
primary responsibility for defending and upholding rights.
 NGOs: NGOs have a clear responsibility to promote rights awareness and
ensure that those rights are upheld by governments and other
organizations.
 PROFESSIONALS: Due to the nature of their professions, professional
associations like attorneys and doctors have additional obligations to
support the upholding of rights and preventing abuses of authority.
HOW TO STRENGHTEN THE FRAMEWORK OF
RIGHTS
TO STRENTHEN THE FRAMEWORK AND TO ENSURE THE ENFORCEMENT
OF RIGHTS, SEVERAL MEASURES SHOULD BE TAKEN.
• Awareness: The general populace should be educated about their rights and
given the tools to defend them. It is important to raise public awareness of
national and international rights jurisdiction.
• Legal system: The legal system is crucial in defending rights. This is so
because the judiciary has the authority to consider complaints of rights
abuses, to compensate victims, and to punish offenders. The legal system
needs to be robust and well-organized for the judiciary to fulfil this job.
Justice, human rights, and dignity ought to be the judiciary's top priorities.
• Regional Institutions: Asian nations should set up regional or sub-regional
institutions to advance and defend human rights. In regional forums, national
and local NGOs should work together to draught an interstate human rights
convention. Groups and businesses should be covered in addition to state
entities. An impartial commission or court must be established to carry out
the convention.