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Commission – General

Toward
the 21st Century: Challenges and Opportunities

Speech by Professor Alice
Tay, President, Human Rights and Equal Opportunity Commission, International
Symposium on World Human Rights, People's Republic of China, October 1998

Introduction

I feel very honoured
to have been invited to contribute to this symposium. As a theme for today's
discussion, I have chosen the notions of regionalisation and responsibility
within Asia and the Pacific. I believe that the ability to accept responsibility
for our neighbourhood, and to generate cooperative regional dialogues
and actions to fulfill that responsibility will be the key to meeting
the challenges and opportunities human rights will face in the new century.

Recent events within
our region have resulted in deprivation and urgent need among many of
our people. In such acute situations the priority is to alleviate suffering.
In this context, we are speaking of 'human rights' in the broadest possible
sense, as encompassing both rights and the humanitarian actions necessary
to secure them. The provision of humanitarian assistance to rebuild nations
and the opening of safe havens for those fleeing disaster demand immediate
action. But this is just the beginning. As a region we need then to attend
to the structures which facilitated and exacerbated these events. We need
to take a close critical lens to the economic and political practices
which underpin these structures. Our paradigms of growth and development
have been tested and found wanting. Our piecemeal observance of the indivisibility
and interrelatedness of human rights has proved to be our undoing. In
the face of globalization and rapid technological advancement we need
to ready ourselves for deep change if we are to prevent such widespread
suffering in the future. I will touch on each of these issues and their
significance to us as a region, but first let us take a moment to situate
ourselves within the broader history of the human rights struggle.

Half a century ago,
the Universal Declaration of Human Rights was adopted without a dissenting
vote. Today it remains the most important international statement of aspirations
and principles regarding the rights to which all human beings are inherently
entitled. The Declaration and the International Covenants which together
constitute the International Bill of Rights, and a succession of conventions
of particular rights, have identified fundamental human rights and pressed
states to recognise them, respect them, and ensure them.

The 50th Anniversary
of the Universal Declaration of Human Rights being celebrated this year
compels us to take stock of our real achievements during this period.
There is no doubt that the United Nations has played an enormous role
since 1945 in publicising and promoting a conception of human rights as
fundamental to social life and political government. There is no doubt
that through the UN we have achieved great success in having human rights
recognised in international covenants and conventions and in setting international
standards. We have seen the establishment of new procedures for considering
petitions or communications alleging violations of fundamental human rights
together with the replies of the government concerned. There has been
recourse to a wide range of expedients from fact finding, negotiation
and conciliation to publicity, dissemination of information, education
and the inspiration of national legislation. The language of moral and
political protest and justification has been changed forever. These changes
have given new hope and new causes to many of the world's deprived and
oppressed.

Challenges and Opportunities

But national laws
and practices and international instruments on their own are inadequate
safeguards for our human rights. In this, the fiftieth year of the Universal
Declaration, self-reflection and self-criticism are of the essence. We
are at a critical, historical juncture in the global struggle for human
rights. The struggle for these rights and for human dignity is the struggle
for humanity itself. The end of the Cold war raised hopes of a new "golden
era" of human rights. Western political leaders short-sightedly proclaimed
that the ideological conflicts of the Cold War were the chief obstacle
to enforcement of international human rights. Such propaganda has since
collapsed to reveal that the deepest fault lines lay within our governments,
our nations, our communities, our very selves. The most divisive conflicts
are between our actions and our ideals, and perhaps within and between
our ideals themselves.

The events of recent
years lay testimony to this harsh reality. Intolerance and historical
hatreds have resurfaced. Often these sentiments have been stirred up by
so-called "democratic" politicians playing on popular fears.
The revival of racial, religious and ideological hostility and the resultant
localised wars, along with natural disasters and global economic turmoil,
have brought renewed misery to millions. Rather than witnessing the dawn
of a human rights "golden age," the twenty-first century will
be ushered in by hunger, poverty, intolerance and violence. After fifty
years of human rights achievement, we are faced with the greatest challenge
yet.

How we rise to this
challenge, how we respond to a time of such severe turbulence is critical
to our global future. It is a time to accept responsibility. From this
point onward, in what we say, or more importantly, in what we do. We make
a statement about ourselves as a people. We make a statement about what
it will mean to be human in the twenty-first century.

To face the challenge
of the new century we need more than international instruments and national
laws. We need trust, education, honesty and collective will. We need to
uncover in ourselves the human strengths of benevolence, tolerance and
justice.

The progress of the
human rights movement has tested and affirmed my belief in the power of
ideas. Nobody watching the international scene could have failed to notice
the growing power of the idea of universal, fundamental human rights.
The very fact that human rights have been elevated to the international
level is one of the most dramatic events in the history of international
law.

Notwithstanding the
obstacles and violations, international instruments, by giving specificity
to the concept of human rights, have lead to an improvement in people's
lives. A state will now acknowledge that its duty to protect human rights
is not only owed to individuals within its jurisdiction but also to the
international community as a whole. This is nothing short of a revolution
in thought. A revolution borne of listening and understanding. This is
a demonstration of our intellectual capability to devise more effective
responses to human rights challenges. But more importantly and more simply,
it is a demonstration of our human capacity to respect the dignity of
others. It is a recognition that these others are ourselves once more.

Globalization and
Technology - Challenge and Opportunity

This realisation
has been aided and indeed expedited by the rise of technology and the
advent of globalization. The term 'globalization' is used to describe
the overwhelming transformation of the world's economy in the past twenty
years. The OECD Trade Union Advisory Committee has identified the four
key characteristics of this phenomenon as: the growth of foreign direct
investment in other countries; the globalization of financial markets
which has shifted power from governments to financial institutions; the
policies of deregulation; and the diffusion of technology. While the first
three have raised concerns among national governments and human rights
promoters, the fourth, technology, holds much promise for the pursuit
of human rights goals. For example, the electronic media has made instant
humanitarians of us all. Television cameras instantly beam images of suffering
and turmoil around the world, galvanising community support and eradicating
geopolitical and psychological borders between nations.

The very technology
which brings the suffering of our neighbours into our homes and hearts,
has equipped us to alleviate that suffering with unprecedented effectiveness.
While we appear to be confronting many old challenges anew, our contemporary
ability to meet those challenges has advanced beyond the wildest dreams
of 1948.

We are a region rich
in technological and technical expertise which can be and have been harnessed
to pursuit of human rights goals. Medical science has now produced vaccines
which render 'preventable' the overwhelming majority of diseases. Between
1980 and 1990 a massive effort raised immunisation coverage from 5% to
80%, saving the lives of millions of children throughout the developing
world.

Advances in medicine
are being coupled with information technology to facilitate valuable research
partnerships between nations. For example, the internet has been used
by African scientists to improve their ability to do localised research
in malaria, an illness that kills three million people every year. Similar
partnerships have been established involving a wide range of academic
and government institutions from the Chinese Academy of Sciences to the
Ukrainian Academy of Agriculture. Improved telecommunications technology
has fostered new forms of communication which in turn helped uncover and
develop new networks of cooperation. This style of information sharing
project was also used to establish an internet based legal system for
Bosnia and has been effective in improving the coordination and resourcing
of non-government organisations across the globe.

However, the technological
advances most crucial to human rights progress have been of a more pedestrian
nature. Upgrading of food production, refrigeration, storage and transport
have vastly expanded the potential for delivery of both emergency relief
and sustained development assistance. Our ever increasing grasp on environmental
science signals hope for the rehabilitation of degraded natural resources
and the implementation of sustainable agricultural methods to avert further
degradation.

In short, technology
has transformed our capacity to deal with almost every aspect human existence.
The realm of the possible has expanded exponentially.

But in this 'postmodern'
world with its technological advancement and globalization, change occurs
so rapidly that our points of reference are continually shifting and no
one knows when they will stabilise. Along with the uncertainty and fear,
this rapid change provides an unprecedented opportunity for present and
future to meet. Rather than reproduce the economic or social mistakes
of other nations - particularly those to the North - we can heed their
warnings and build a cooperative model of change management specific to
our own region. In particular, the economic crisis and its consequences
have given us pause to reflect on the human rights implications of rapid
globalization.

Faced with the fragility
of the free market and the limits of growth, we realise that globalization
now needs a moral compass. For economic development to be genuinely sustainable
there must be a deepening spirit of community within the Asia Pacific
region. This amounts to more than mere economic interdependence; it demands
cooperative action, tolerance, partnership and mutual assistance.

Regionalisation
- Interdependence - Responsibility

In May this year
the UN Committee on Economic, Social and Cultural Rights adopted a statement
acknowledging globalization as a "phenomenon which has wrought fundamental
changes within every society." For the nation-state, globalization
means re-orienting ourselves, so that sovereignty is balanced by the duty
of participating in the world, and recognising this balance as a virtue
rather than as a source of danger. Technology along with the flow of global
capital has forced us to accept the interrelatedness of human existence
and the increasingly interdependent nature of our future. Over the last
two decades States have created numerous regional and global organisations.
In particular, the proliferation of cooperative regional organisations
is an important departure from the old order. It signals a reorganisation
of states into neighbourhoods with all the attendant care and reciprocal
responsibility that springs from interdependence.

The commonplace meaning
of interdependence does not fully describe the notion as it applies within
the context of regionalisation. It means that we live in a global village.
It means we coexist in economic mutual reliance. But it also means that
we, as people, need each other for our mutual survival beyond mere material
provisioning. As individuals and communities within a region, our identities
are based on both a need for, and yet distance from, each other. This
"ethical" aspect of interdependence encourages us to recognise
that we need the Aother" to be ourselves.

From it flows the
need to embrace diversity and to be conscious of the interconnection between
ourselves and our neighbours. With an understanding of this interdependence
and interconnectedness comes a willingness to respond compassionately
and responsibly to the needs of those neighbours.

In this light regionalisation
not only creates multi-layered political and economic systems, it also
creates wider identifications for the citizens of each region and deeper
understandings of the values which both bind us together and mark our
differences. In doing so we can hope to build an international framework
which respects and protects diversity while reducing confrontation.

Asia-Pacific Current
Crises and Challenges

Nowhere has the reality
of regional interdependence been more apparent than in the recent crises
in our own Asia-Pacific region. The sharp and sudden onset of the economic
crisis affecting East Asia has had immediate and severe consequences throughout
the region. According to the World Bank , some 400 million people have
been plunged into the crisis. The immediate repercussions include acute
food shortages, exploding unemployment, severe shortages of medical supplies,
and intense pressure on Government spending on key infrastructure in areas
such as health and housing.

The response by the
International Financial Institutions has generated its own controversy
due to fears that the strict economic measures demanded come at too high
a social cost. In the absence of a social safety net, the consequences
of widespread unemployment on the right to an adequate standard of living
have been disastrous for many.

The flow on effect
is still to be felt. Women and children's' rights will be particularly
threatened: previous experience of structural adjustment programs have
shown that as government social services disappear, the burden falls on
women. There is also a strong fear that the present crisis will force
millions of children out of the school system.

In addition to this
man-made disaster, many areas have been ravaged by natural disasters,
including widespread flooding throughout East Asia and the devastating
PNG tsunami. Millions of people have been left without shelter, food,
or hope. The net result has grave consequences for human rights in the
region. Recovery from these events will force a return to basics as established
rights are threatened and new rights emerge.

Humanitarian Action

As citizens of this
region, we find ourselves back almost where we began. But the cries of
distress from our closest neighbours are our call to action. We have a
responsibility to work together if we are to save lives, alleviate suffering,
repair damage, protect values and sustain faith.

In recent times we
have already accepted this responsibility and proven our capacity to unite
in the face of a regional emergency. The harmonisation of efforts in providing
assistance and relief to the victims of the Papua New Guinea tsunami stands
as a testimony to our true potential as a region. Relief food supplies;
medical personnel and materials; technical expertise in disaster management,
hydrology and agriculture; combined with the voluntary physical efforts
of repair and reconstruction to make an extraordinary relief operation.
This stands not only as a mark of our resourcefulness as a region, but
as a symbol of the power of cooperative action.

In heeding our neighbours'
call to action, we can play an indispensable role in providing a variety
of forms of humanitarian assistance to the victims of war, poverty and
disaster. This role involves extending a moral and physical lifeline to
those in distress. It also involves delivery of essential services, through
both government and non-government organisations, such as providing disaster
relief; assisting displaced populations; offering skills and training;
and providing legal and medical assistance when home governments have
limited capacity to afford it.

In our current crisis
humanitarian assistance not only lays the foundation for human rights
protection, it is a show of solidarity among the people of our region.
It marks a process of open communication, learning, sharing and identifying
common purposes upon which to forge our future. To enable us to move forward,
separately but in solidarity.

We can identify three
basic phases of this process. The first of these is to alleviate immediate
acute suffering through humanitarian assistance and the protection of
refugees. The second is to look at the structures which facilitated and
exacerbated this suffering. And the third is to address the deeper habits
of thought which underpin those structures. I will now turn briefly to
some of the issues within these phases.

1. Acute Suffering
- Refugees

At the close of the
twentieth century, there are more people in flight from persecution, war,
human rights violations and other events than at any other time since
the Second World War. Amnesty International estimates that the total number
of refugees has escalated to around 15 million. While many nations condemn
human rights abuses and encourage people to fight for change or seek asylum,
very few provide such asylum. The immediate fate of refuge seekers is
not enviable: Asylum seekers are allowed temporary entry but live in the
confinement of a detention centre with no guarantee of a secure future.
Such conditions, and frequent failure to accept responsibility are, once
again, financially driven. Narrow economic concerns and the limitations
of the western imagination stand as an impediment to treating refugees
in a humane and just manner.

Some governments
in the North and West have pandered to anti-immigrant backlash to justify
restricting their intake of refugees. It can only be hoped that this fear,
self-interest or rhetoric of hate is now beginning to retreat, supplanted
by the recognition of our own humanity reflected in the eyes of every
exiled woman, man, and child.

Among the refugees
of today are those people who are displaced within their own country.
These people include those who leave their homes in the face of natural
disasters, civil wars or other internal strife. It is estimated that some
25 million people are currently displaced within their own country. Such
displacement brings with it serious deprivation of human rights and few
accepted protections.

All refugees are
entitled to have all of their basic human rights protected. Under present
circumstances, it is unlikely that there will be any short term reduction
in number of internally or externally displaced. It is perhaps the most
urgent issue on the human rights agenda. The safety and well-being of
those fleeing human rights deprivations must first be secured. In turn
the human rights crises which forced people from their homes must be addressed
and redressed. Efforts are already underway to develop comprehensive regional
arrangements to manage refugee emergencies. It falls to us as a community
to achieve intra regional equivalence in determining refugee status and
ensuring claims are justly resolved.

Only when we have
fulfilled our duties and obligations at the national and regional levels
can we build a system of international protection capable of meeting the
emergencies borne of a world in turmoil.

2. Underlying Structures
- Economics, Development and Human Rights

Much of this turmoil
- the collapse of the 'tiger economies', the resulting deprivation and
civil unrest - is the product of rapid economic growth itself. For several
decades, economics has been prioritised at the expense of all other values,
particularly human rights. The next step for our regional advancement
is to address the structural flaws in the existing relationship between
economics, development and human rights.

Over the past fifty
years, the human rights movement in general and the UN in particular have
developed a body of analysis which argues that human rights and sustainable
human development are interdependent and mutually reinforcing.

However, the economic
discourse which has dominated policy and public debates toward the end
of the century, has simply left little, or no room for the language of
rights. A central tenet of this economic orthodoxy was that specific attention
to human rights was not necessary because economic development would underwrite
future advances. The conventional wisdom was that real progress was being
made in improving economic wealth and that, in time, this would enable
the countries of our region to turn their attention to questions of specific
human rights. The first and overwhelming priority was economic growth.

This dominant mode
of growth and development has started to falter. Discontent is apparent
both in countries suffering economic collapse and their neighbours who
have not been direct victims. There are indications that the debate generated
by this economic crisis may allow us to move forward in significant ways,
opening up the possibility of introducing explicitly human rights concepts
into the economic development discourse. There are already attempts within
the region to replace the economic bottom line with a broader political
and social framework. While growth is necessary for the success of policies
aimed at realisation of economic, cultural and social rights, and for
the realisation of human rights in general, a growth-oriented policy in
itself is not enough. In short, we now have the opportunity to build better
societies, not just better economies.

This is not to dismiss
the role of trade or business altogether. In fact, there is already evidence
that the next generation of business leaders are increasingly concerned
about the social dimension of global trading arrangements. With the promise
of increasing flow of capital and labour within regions, these new dialogues
hold enormous potential to implement trade, employment and labour standards
which uphold and advance human rights. There is still danger and skepticism,
but there is also the opportunity for the new economic leadership to have
political vision. The APEC economic leaders carry enough political weight
to dramatically change people's lives. Collectively we speak for 40% of
humanity and 45% of global wealth. To hold such potential but remain indifferent,
would incriminate each and every one of us.

But this process
must take place within a broader framework of international instruments
and be lead by human rights bodies with human rights interests at heart.
The UN Committee for Development Planning has now officially observed
that:

"reform programmes
that explicitly attempt to safeguard human resource expenditures on,
for example, education and health or that try to maintain the living
standards of the poorest groups in society will have a better chance
of achieving positive results in the medium and long term than those
that do not, because people's capacity to produce will be enhanced.
Such programs may also enjoy greater public acceptability and, hence,
have a greater chance of succeeding even in the short term."

Along with national
governments, there is a need for the International Financial Institutions
to address social concerns at the design and subsequent stages of the
finance and adjustment processes. The effect of internationally funded
development projects on indigenous peoples, minorities and trade union
rights should be also taken into account. Rather than exacerbate hardship
and suffering, the IMF and the World Bank have the potential to rapidly
advance human rights realisation. The notions of good governance and rule
of law can be related more specifically to a real human rights discourse.
Cooperation and dialogue with the Human Rights organs of the United Nations
could be strengthened so that the development process is permeated by
an intrinsic respect for human rights and leads to full enjoyment of all
human rights. This is one of our greatest hopes for human rights in the
twenty-first century.

3. Underlying Habits
of Thought - Discretion, Indivisibility, Universality

In order to redress
the subjugation of human rights priorities to economic priorities, we
must look to the underlying habits of thought and practice which facilitated
our economic preoccupation. One such underpinning is the discretionary
view of human rights implementation and the attendant lack of commitment
to the indivisibility and universality of human rights. There is an urgent
need for renewed commitment to these principles as the foundation upon
which to build a more secure future for our region.

In the past, there
has been a tendency to break rights down into classes or generations and
address them in piecemeal fashion which followed an either/or approach
to adherence. For some time many of my colleagues in Australia, and elsewhere,
were guilty of this approach.

Giving a preference
to this or that group of rights has become a way of departing from their
very basis. Seen from the philosophical, ethical, religious, ideological
and other perspectives of human rights, there is increasing support for
the notion that the two sets of rights are interdependent, a notion that
is clearly reflected in international instruments. The preamble of the
Universal Declaration observes that "the highest aspiration of the
common people" is the "advent of a world in which human beings
shall enjoy freedom of speech and belief and freedom from fear and want."
It clearly places both sets of rights on equal footing.

Yet in this, as in
so many human rights matters, there has been an immense discrepancy between
theory and practice; a credibility gap. Some developing nations have tried
to make a case for subverting Political and Civil rights, while throughout
Western democracies Economic, Social and Cultural rights have been sorely
neglected. It has followed that the enthusiastic embrace of free market
economies in many countries throughout our region has gone hand in hand
with a further downgrading of the importance attached to the role of the
state as the guarantor of economic and social rights. When challenged
by economic upheaval, natural disaster or any form of emergency, this
has resulted in denial of fundamental economic and social rights on a
massive scale that affects hundreds of millions of people.

This is not intended
to be a damning criticism, but rather to highlight the mistakes of the
past and emphasise that in rebuilding our neighbourhood we must stand
warned against dividing the Covenants. The starting point for any global
endeavour to ensure recognition of the importance of the two sets of rights
must be a concerted effort to do so also at the national and regional
levels. From the ashes of our current crisis, the Asia Pacific has the
opportunity to rise up as a region to close the gap between the theory
of interdependent, indivisible human rights and the practice.

Meeting the Challenges
and Opportunities in the Asia Pacific

We face daunting
challenges in the new millennium but the foundations for a framework of
regional cooperation are already underway. Until now, unlike most regions
of the world, Asia and the Pacific have neither a treaty dealing with
human rights issues or a regional human rights institution. There is no
regional court or tribunal to take complaints. However the need for a
convention on basic rights in Asia and the Pacific has been recognised
along with the task of establishing machinery to enforce such a convention.

Among the organisations
promoting and pursuing this task is the Asia Pacific Forum of National
Human Rights Institutions. While comprising chiefly of the Human Rights
Commissions of Indonesia, Australia, India, New Zealand, the Philippines
and Sri Lanka, the Forum welcomes participation of representatives of
governments considering the establishment of national human rights institutions
along with representatives from non-government organisations. These meetings
are conducted as informal gatherings to preserve open communication. To
date the discussions of the Forum have produced a blueprint for action
within our region and touched on many of the topics mentioned today. At
its Third Annual Meeting held last month the Forum made a number of statements
relevant to today's subject:

Deep concern was
expressed at the effect of the economic crisis on the observance of
economic, social and cultural rights and that the crisis should not
be used as the occasion for further restriction of civil and political
rights in the region.

Governments, both
inside and outside the region, were called upon to give explicit effect
to their commitment to the indivisibility of human rights, including
their input into policies and actions of international financial institutions
and regional economic forums such as APEC.

Comments of the
Regional Representative of the United Nations High Commissioner for
refugees concerning asylum seekers in the region were received. The
Forum discussed problems facing refugees, internally displaced persons
and migrant workers and the role of national institutions. It recognised
the need for governments to address these issues more effectively.

In its statement
of conclusions the Forum outlined a series of steps designed to create
an atmosphere more conducive to the promotion and protection of human
rights in the Asia Pacific region and enhance the capacities of governments,
national institutions and NGOS.

I would like to take
this opportunity to emphasise that the role of NGOs in the Asia-Pacific
is a vital component of our ability to meet the challenges of the next
century. The effectiveness of the work of the United Nations and other
international organisations will depend heavily on the extent to which
they take NGOs into a real partnership. Where would the promotion and
protection of human rights be without the skills, experience and dedication
of the thousands of people working in these organisations?

Already the NGOs
of Asia are the common thread with which a web of regional interdependence
has been spun. Throughout our neighbourhood, NGOs share information and
experience, many are localised branches of broader human rights organisations
and thus have access to shared funding and resources, all of which contribute
to their interconnectedness. In recent years these local organisations
have undertaken a great deal of thoughtful and pertinent analysis of our
regional human rights agenda. The fruits of this analysis were presented
in Bangkok in 1993 and culminated in The NGO Asian Charter of Rights.
These organisations have shown a belief in the universality and indivisibility
of rights. They have identified the role of rights in humane development
and establishing peace. They have shown us that there is a relationship
between rights and culture but it is not one of relativism. Instead, cultures
enrich our experiences and understanding of rights, producing a cosmopolitan
and hence truly universal view of rights. And through NGOs this universalism
can be expressed in local circumstances, related to the imperatives of
justice and fairness. The Asian NGO Charter contains a statement which
points to the future of human rights in our region. It says:

"We are entitled
to join hands in solidarity to protect human rights world-wide. International
solidarity transcends the national border, to refute claims of State
sovereignty and non-interference in the internal affairs of State."

The vital work of
NGOs has often been extended through government supported forums including
the Asia-Pacific Forum and the Regional Seminar on International Humanitarian
Law. The achievements of these forums have in turn been supplemented and
mediated by bilateral government programs such as the Australia/China
Human Rights Technical Assistance Program (HRTA). And finally, there is
an emerging role for those who have escaped the financial meltdown. As
the gap between rich and poor within our region threatens to become a
chasm, a business culture of philanthropy and charity has begun to take
hold for the first time. While initially the domain of the Western corporations,
successful Asian entrepreneurs and transnationals are beginning to take
responsibility for contributing to organisations or projects within our
region. By funding training schemes, scholarships and technical exchange
programs, Asian business leaders have the potential to make an enormous
difference.

These are just a
few examples of the potential of multilateral cooperation and the promise
of our region. The challenge now is to generate the necessary strength
of will to broaden participation within the region and translate this
potential into practical and moral improvements in all of our lives.

Conclusion

Among the aims of
the UN Declaration is the achievement of international cooperation in
solving international problems of an economic, social, cultural or humanitarian
nature and the promotion and encouragement of respect for human rights
and fundamental freedoms for all, irrespective of race, sex, language
or religion. Humankind had to come a long way to arrive at this Declaration.
Respect for human rights has become part of our thinking. This thinking
is based on the awareness of human dignity, on a feeling of responsibility
and solidarity, and on the conviction that all people are of equal value.
That there is no subhuman on our Earth.

The challenges of
the 21st century may seem daunting, and yet we have been presented with
the ultimate opportunity to reclaim and protect established ground while
redressing the errors of the past. In effect, we have a second chance.
I believe that, in shaping the human rights agenda for he twenty-first
century, we have the opportunity to reaffirm the universality and indivisibility
of human rights; to create a meaningful dialogue between human rights
and sustainable development; to create regional and national institutions
which nurture a human rights culture; to provide a home for those displaced
by conflict; and to upgrade economic, social and cultural rights for all.

It must be acknowledged
that each of these issues is accompanied by attendant theoretical and
legal debates, many among us are intimately acquainted with this discourse.
However, in a time of crisis, the cry of those in distress can be heard
above the din of intellectual and political argument. Such debates do
not determine what kind of rights the people of our region deserve. Staring
into the faces of those in need we learn the true sanctity of those rights;
we feel the force of our interdependence and the weight of our responsibility,
each to the other.

In closing I would
like to remind you of a saying taught to many Chinese children when they
are very young, "All people within the four seas are brothers and
sisters." Whether this meant the Middle Kingdom or the Whole Kingdom
of Humankind in my own childhood, there is no doubt that today, it means
only one thing - the whole of our Earth. This should be the starting point
of our human rights education at the dawn of the twenty first century.
From this will flow the benevolence, tolerance, and justice...

Endnotes

1. Kirby, J. "Human
Rights: an Agenda for the Future," in Galligan, B. and Sampford,
C. (eds), Rethinking Human Rights, The Federation Press, Sydney 1997.

2. See Robinson,
M. "Human Rights at the Dawn of the 21st Century," Human Rights
Quarterly, vol.15, 1993, pp629-639.

3. The notion of
interdependence, expressed explicitly in these terms, was introduced and
extensively discussed at a 1993 symposium on "Human Rights in the
21st Century." The collected papers can be found in Mahoney, K. and
Mahoney, P. (eds) Human Rights in the Twenty-First Century: a Global Challenge,
M. Nijhoff, Boston, 1993.

4. See Henkin, L.
and Hargrove, J. Human Rights: an Agenda for the Next Century, American
Society of International Law, Washington, 1994.

5. See Mahoney and
Mahoney, op cit.

6. For a full analysis
of the Asian NGO Charter see Ghai, Y. "Human Rights and Asian Values,"
Public Law Review, vol. 9, September 1998, pp168-179.

7. See International
Commission of Jurists, The Review, no.57, 1996, pp129-132.

Last
updated 1 December 2001