Table Of ContentAsia
and the
Drafting
of the
ROBIN RAMCHARAN
Universal BERTRAND RAMCHARAN
Declaration
of Human
Rights
Asia and the Drafting of the Universal Declaration
of Human Rights
Robin Ramcharan • Bertrand Ramcharan
Asia and the Drafting
of the Universal
Declaration of Human
Rights
Robin Ramcharan Bertrand Ramcharan
Webster University Emeritus President, UPR Info
Bangkok, Thailand Alyth, Perthshire, UK
Asia Centre
Bangkok, Thailand
ISBN 978-981-13-2103-0 ISBN 978-981-13-2104-7 (eBook)
https://doi.org/10.1007/978-981-13-2104-7
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Dedicated to Dr. Lily Ramcharan, BA, MA, DES, Ph.D. (Kent)
Our inspiration
F
oreword
This is a highly original and much needed book. Based on the actual
records of the drafting of the Universal Declaration of Human Rights
(UDHR), it shows convincingly that Asian States and experts played a
leading role in shaping the Declaration, which very much represents Asian
values: the values of freedom, tolerance, equality, equity, respect, and
diversity.
At the same time, it brings out with clarity that Asia has many human
rights problems that need to be tackled urgently. The authors write,
“Implementation, prevention, protection, equality, and equity are the
challenges of the present and the future in Asia.” This is the call of civil
society in Asia.
The protection of human rights must first be done at home, inside each
country. Strengthening national protection systems is vital. An essential
part of this is human rights education for the young. The historic Asian
heritage of humanism is given concrete content by instruments such as the
Universal Declaration of Human Rights.
Regional institutions for the promotion and protection of human rights
are largely lacking in Asia. The ASEAN Intergovernmental Commission
on Human Rights (AICHR) is just beginning its efforts, and it faces many
challenges stemming from the defensiveness of the members of the
Association of Southeast Asian Nations (ASEAN) in giving the ASEAN
Commission the requisite teeth to tackle numerous pressing problems.
With the paucity of national and regional or sub-regional bodies for
promoting and protecting human rights, civil society organizations are
demonstrating great courage and dynamism in advocating for the
vii
viii FOREWORD
protection of human rights. It is vital that the role of civil society nation-
ally and regionally be supported and reinforced.
This book will give heart to civil society in Asia. The proof it brings
forth that the Universal Declaration of Human Rights rests on Asian val-
ues and drew upon Asian inspiration and expertise will reinforce the efforts
of civil society.
The authors are in a unique position to make this contribution. One
has been a specialist in the conflict prevention of ASEAN, was Professor of
International Relations and Law at Alliance University, Bangalore, and
teaches on human rights at Webster University Thailand. The other has
been Professor of Human Rights at the Geneva Graduate Institute of
International and Development Studies and, before that, served in the
position of UN High Commissioner for Human Rights.
Originating from Asia, they are giving back to the continent of their
origins in pleading for a world of human dignity, human rights, and justice
for all.
Asia Centre James Gomez
Bangkok, Thailand
T A Q
he siAn uesT
Mr. Malik (Lebanon) “…suggested that such a bill [the proposed inter-
national bill of human rights] must provide not only for freedom of
thought and conscience, but for the freedom of being and of becoming what
one’s conscience required one to become, that is to say, freedom to change….”1
“…Provisions for implementation would have to be found, as without
them all discussions of human rights would be futile. He favoured indi-
viduals as members of the Commission on Human Rights.”2
Mr. Chang (China) “recalled the development of human rights during
the last one hundred and fifty years and felt that there existed now a new
humanism, as otherwise there would be no incentive for the efforts that
were made. Those incentives must be the ideals of human freedom and
human dignity.”3
Mrs. Mehta (India) “considered…that this bill [the international bill
of rights] should eventually become an integral part of the Charter and a
fundamental law of the United Nations.”4
General Romulo (Philippine Republic) “pointed out that the power
of might to rule over weaker nations had succeeded the divine right of kings
to rule over individuals; he called upon the Commission [on Human
Rights] to take that factor into consideration during the discussion of the
universal standards to be written into the Preamble.”5
Mr. Ghani (Iran) “felt that freedom of expression and of opinion were
possible only in countries where the standard of education was high
enough to allow the masses to form a sound opinion, and so he wished the
United Nations to take steps first of all to eliminate illiteracy and promote
ix
x THE ASIAN QUEST
education, by such means as granting financial assistance to backward
countries.”6
Mr. Yazici (Turkey) “expressed full agreement with all recommenda-
tions of the Human Rights Commission Report, and stated that a Human
Rights group has been established in Turkey.”7
Mr. Ebeid (Egypt) “recalled the disillusionment and conflicts which
had followed the proclamation of President Wilson’s fourteen points after
the First World War. The principles of human rights should be set forth in
clear terms. The peoples of the world would greet with enthusiasm the first
action taken by the United Nations to enforce redressment of wrongs.”8
noTes
1. E/SR.19, 31 May, 1946, in William Schabas, The Universal Declaration of
Human Rights, The travaux préparatoires, VOLUME I. October 1946 to
November 1947 (Cambridge: Cambridge University Press, 2013), p.64.
This work also uses Volume II of Schabas, which covers, December 1947
to December 1948.
2. Ibid.
3. E/SR.20, 31 May 1946 (Schabas, p. 65–66).
4. E/CN.4/SR 7, 31 January 1947. (Schabas 169).
5. E/CN.4/SR 8, 31 January 1947, (Schabas 171).
6. E/CN.0.4/SR 14, 4 February 1947, (Schabas, 200).
7. E/439, 14 March 1947; Summary record of the Six to eight meeting of
the Economic and Social Council. (Schabas, 241).
8. E.CN.4/SR 8, 31 January 1947. (Schabas, 173) (Mr. Ebeid represented
Egypt, an African country, whose aspirations were similar to those of Asian
States.
P : T A c n
reFAce he siAn Ase For A ew
h
umAnism
The Universal Declaration of Human Rights bears strong Asian imprints,
and it is the aim of this book to bring this out, a story that has hitherto not
been told. Shortly after the establishment of the United Nations, an
advance, preparatory, “Nuclear Commission” was established to pave the
way for the future Commission on Human Rights envisaged in Article 68
of the Charter and for its work in drafting an International Bill of Rights
as decided upon at the UN founding conference in San Francisco. Serving
on this “Nuclear Commission” of seven persons were Mr. K.C. Neogi of
India, Dr. C.H. John Wu of China, and Dr. Chin-Lin Hsia of China. They
were both active participants in the discussions and helped shaped the
outcome of the work of the “Nuclear Commission.”
K.C. Neogi was a member of the Indian Central Assembly from 1921
to 1924 and again from 1942 to 1945. He had been Chairman of the
Railway Enquiry Committee in 1947 and later served as the first Chairman
of the Indian Finance Committee in 1952.9 Mr. Neogi was the Rapporteur
of the first session of the Nuclear Commission.10 John Ching Hsiung Wu
was a lawyer and translator who played a leading role in drafting the
Constitution of the Republic of China.11 Chin-Lin Hsia, a Chinese scholar
and diplomat, was the author of Studies in Chinese Diplomatic History.12
He chaired the committee on war criminals of the Far Eastern Commission,
the inter-allied body responsible for oversight of the occupation of Japan.13
As the “Nuclear Commission” began its work, Mr. Neogi counselled at
a meeting on 30 April 1946 that since not all members of the “Nuclear
Commission” probably had a chance to acquaint themselves with the
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