ISSUES IN HUMAN RIGHTS POST VIENNA DECLARATION 1993

• ISSUES IN HUMAN RIGHTS POST VIENNA DECLARATION 1993 • Heru Susetyo, SH. LL. M. M. Si. Ph. D

Timeline of human rights UN CHARTER 1945 UDHR 1948 ICCPR & ICESCR 1966 VIENNA DECLARATION 1993

• 2013 Theme: • 20 Years Working for Your Rights

• "As we commemorate the 20 th anniversary of the Vienna Declaration and Programme of Action, let us intensify our efforts to fulfill our collective responsibility to promote and protect the rights and dignity of all people everywhere. " • UN Secretary-General Ban Ki-moon

• The UN General Assembly proclaimed 10 December as Human Rights Day in 1950, to bring to the attention ‘of the peoples of the world’ the Universal Declaration of Human Rights as the common standard of achievement for all peoples and all nations.

• WORLD CONFERENCE OF HUMAN RIGHTS • VIENNA, 1993 • On 25 June 1993, representatives of 171 States adopted by consensus the Vienna Declaration and Programme of Action (VDPA) of the World Conference on Human Rights, thus successfully closing the two-week World Conference and presenting to the international community a common plan for the strengthening of human rights work around the world.

Vienna Declaration 1993 • The World Conference on Human Rights reaffirms the solemn commitment of all States to fulfil their obligations to promote universal respect for, and observance and protection of, all human rights and fundamental freedoms for all in accordance with the Charter of the United Nations, other instruments relating to human rights, and international law. The universal nature of these rights and freedoms is beyond question.

• 5. All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.

Human Rights are… UNIVERSAL INTERDEPENDENT INTERRELATED INDIVISIBLE

Treat human rights globally… Fair & Equal manner Same footing Same emphasis Duty of states

• 10. The World Conference on Human Rights reaffirms the right to development, as established in the Declaration on the Right to Development, as a universal and inalienable right and an integral part of fundamental human rights.

What is inalienable rights? • Pasal 28 I (1) Hak untuk hidup, hak untuk tidak disiksa, hak kemerdekaan pikiran dan hati nurani, hak beragama, hak untuk tidak diperbudak, hak untuk diakui sebagai pribadi di hadapan hukum, dan hak untuk tidak dituntut atas dasar hukum yang berlaku surut adalah hak asasi manusia yang tidak dapat dikurangi dalam keadaan apa pun.

• 15. Respect for human rights and for fundamental freedoms without distinction of any kind is a fundamental rule of international human rights law. The speedy and comprehensive elimination of all forms of racism and racial discrimination, xenophobia and related intolerance is a priority task for the international community. Governments should take effective measures to prevent and combat them. Groups, institutions, intergovernmental and nongovernmental organizations and individuals are urged to intensify their efforts in cooperating and coordinating their activities against these evils.

EMERGING PROBLEMS RACISM RACIAL DISCRIMINATION XENOPHOBIA

• 18. The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community.

UN & HUMAN RIGHTS 20 YEARS AFTER VIENNA DECLARATION 1. Economic, social, cultural, civil, and political rights and the right to development are recognized as universal, indivisible, and mutually reinforcing rights of all human beings, without distinction. Non-discrimination and equality have been increasingly reaffirmed as fundamental principles of international human rights law and essential elements of human dignity. 2. Human rights have become central to the global conversation regarding peace, security and development. 3. New human rights standards have built on the 1948 Universal Declaration of Human Rights and the implementation of international human rights treaties is significantly improved. 4. Additional explicit protections in international law now exist covering, among others, children, women, victims of torture, persons with disabilities, and regional institutions. Where there allegations of breaches, individuals can bring complaints to the international human rights treaty bodies.

5. Women’s rights are now acknowledged as fundamental human rights. Discrimination and acts of violence against women are at the forefront of the human rights discourse. 6. There is global consensus that serious violations of human rights must not go unpunished. Victims have the right to claim justice, including within processes to restore the rule of law following conflicts. The International Criminal Court brings perpetrators of war crimes and crimes against humanity to justice. 7. There has been a paradigm shift in the recognition of the human rights of people with disabilities, especially and crucially, their right to effective participation in all spheres of life on an equal basis with others. 8. There is now an international framework that recognizes the challenges facing migrants and their families which guarantees their rights and those of undocumented migrants.

9. The rights of lesbians, gays, bisexuals and transgender individuals have been placed on the international agenda. 10. The challenges facing indigenous peoples and minorities are increasingly being identified and addressed by the international human rights mechanisms, especially with respect to their right to non-discrimination. 11. The Human Rights Council, set up in 2006, has addressed vital and sensitive issues and its Universal Periodic Review, established in the same year, has allowed countries to assess each other’s human rights records, make recommendations and provide assistance for improvement. 12. Independent human rights experts and bodies monitor and investigate from a thematic or country-specific perspective. They cover all rights in all regions, producing hard-hitting public reports that increase accountability and help fight impunity.

13. States and the United Nations recognize the pivotal role of civil society in the advancement of human rights. Civil society has been at the forefront of human rights promotion and protection, pinpointing problems and proposing innovative solutions, pushing for new standards, contributing to public policies, giving voice to the powerless, building worldwide awareness about rights and freedoms and helping to build sustainable change on the ground. 14. There is heightened awareness and growing demand by people worldwide for greater transparency and accountability from government and for the right to participate fully in public life. 15. National human rights institutions have become more independent and authoritative and have a powerful influence on governance. Over a third of all countries have established one or more such institutions. 16. The United Nations Fund for Victims of Torture has assisted hundreds of thousands of victims of torture to rebuild their lives. Likewise, the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, with its unique victim-oriented approach, has provided humanitarian, legal, and financial aid to individuals whose human rights have been violated through more than 500 projects.

17. Victims of trafficking are now regarded as entitled to the full range of human rights and are no longer perceived to be criminals. 18. A growing consensus is emerging that business enterprises have human rights responsibilities. 19. There are now guidelines for States which support freedom of expression while defining where speech constitutes a direct incitement to hatred or violence. 20. The body of international human rights law continues to evolve and expand, to address emerging human rights issues such as the rights of older persons, the right to the truth, a clean environment, water and sanitation, and food.

Human Rights is not unlimited • Pasal 28 J (1) Setiap orang wajib menghormati hak asasi manusia orang lain dalam tertib kehidupan bermasyarakat, berbangsa, dan bernegara. • (2) Dalam menjalankan hak dan kebebasannya, setiap orang wajib tunduk kepada pembatasan yang ditetapkan dengan undang-undang dengan maksud semata-mata untuk menjamin pengakuan serta penghormatan atas hak dan kebebasan orang lain dan untuk memenuhi tuntutan yang adil sesuai dengan pertimbangan moral, nilai-nilai agama, keamanan, dan ketertiban umum dalam suatu masyarakat demokratis.