Universalism versus Exceptionalism: Human Rights and the Asian Values Critique

2004 ◽  
Vol 4 (1) ◽  
pp. 60-76
Author(s):  
Paul J. Magnarella
Keyword(s):  
Human Rights ◽  
Asian Values

Is There a Place for Minorities' and Indigenous Peoples' Rights within ASEAN?: Asian Values, ASEAN Values and the Protection of Southeast Asian Minorities and Indigenous Peoples

2010 ◽  
Vol 17 (1) ◽  
pp. 75-110 ◽  
Author(s):  
Byung Sook de Vries ◽  
Anna Meijknecht
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Indigenous Peoples ◽  
Culturally Diverse ◽  
Southeast Asian ◽  
Regional Level ◽  
Asian Values ◽  
Minority Protection ◽  
The World ◽  
The One

AbstractSoutheast Asia is one of the most culturally diverse regions in the world. Nevertheless, unlike minorities and indigenous peoples in Western states, minorities and indigenous peoples in Asia have never received much attention from politicians or legal scholars. The level of minority protection varies from state to state, but can, in general, be called insufficient. At the regional level, for instance, within the context of the Association of Southeast Asian Nations (ASEAN), there are no mechanisms devoted specifically to the protection of minorities and indigenous peoples. In December 2008, the ASEAN Charter entered into force. In July 2009 the Terms of Reference (ToR) for the ASEAN Inter-Governmental Commission on Human Rights were adopted. Both the Charter and the ToR refer to human rights and to cultural diversity, but omit to refer explicitly to minorities or indigenous peoples. In this article, the extent to which this reticence with regard to the protection of minorities and indigenous peoples is dictated by the concept of Asian values and ASEAN values is explored. Further, it is analysed how, instead, ASEAN seeks to accommodate the enormous cultural diversity of this region of the world within its system. Finally, the tenability of ASEAN's policy towards minorities and indigenous peoples in the light of, on the one hand, the requirements of international legal instruments concerning the protection of minorities and indigenous peoples and, on the other hand, the policies of the national states that are members of ASEAN is determined.

Asian Values and Human Rights

2000 ◽  
Author(s):  
Wm. Theodore de Bary
Keyword(s):  
Human Rights ◽  
Asian Values

"Asian Values" and Global Human Rights

2002 ◽  
Vol 52 (2) ◽  
pp. 173-189 ◽  
Author(s):  
Fred R. (Fred Reinhard) Dallmayr
Keyword(s):  
Human Rights ◽  
Asian Values

scholarly journals Asian Values and Human Rights: A Vietnamese Perspective

2018 ◽  
Vol 2 (1) ◽  
pp. 302 ◽  
Author(s):  
Ngo Thi Minh Huong ◽  
Giao Cong Vu ◽  
Tam Minh Nguyen
Keyword(s):  
Human Rights ◽  
Communist Party ◽  
Political Rights ◽  
Political Leaders ◽  
Asian Values ◽  
Legal Norms ◽  
Political Ideas ◽  
Political Ideologies ◽  
Human Rights Norms ◽  
The Impact

This paper examines the impact of the ideology of ‘Asian Values' on the legal norms and practices that frame the recognition and protection of human rights in Vietnam. Specifically, the paper focusses on the extent to which Asian Values has been deployed to discourage the adoption of international human rights norms and practices in the context of Vietnam’s rapid economic development since the mid- 1980s. The paper first sketches the adoption of Asian Values in Vietnam’s politics and society. Cultural and political factors that have shaped the conception of human rights are reviewed. Human rights language and norms, as manifest in political ideologies, policies and laws are then analysed, with particular reference to the different versions of Vietnam’s Constitution. It is shown that both the Communist Party of Vietnam (CPV) and the State of Vietnam have clearly articulated Asian Values in formulating their conceptions of human rights. This outcome is argued to result from the fact that Vietnamese political leaders, alike with Lee Kwan Yew in Singapore, the progenitor of Asian Rights, have been strongly influenced by Confucian ideals of governance. Confucianism is not, however, the only basis for political ideas in Vietnam. Although Vietnam is a market economy it remains a one- party state  controlled  by  the  CPV.  The  Marxist-Leninist  principles  on  which the current State of Vietnam was based at its inception in 1975 remain intact. This ideology was however layered onto generations of collectivist principles embodied in the dominant agrarian society. The influence of Asian Values, on the recognition of and support for human rights in Vietnam has, however, been largely negative rather than positive, especially in relation to recognising civil and political rights as codified in universal human rights instruments. Thus, the protection and promotion of human rights in Vietnam, going forward, essentially mandates eliminating the influence of Asian Values in the ideology of political leaders and in the wider society. Key words: Human rights, Asian Values, democracy, constitution, Communist Party, Vietnam

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