PERKEMBANGAN PERKEMBANGAN HAK ASASI MANUSIAHAK ASASI MANUSIA

PASCA PERANG DUNIA PASCA PERANG DUNIA KE I - 1948KE I - 1948

By : Heru Susetyo, SH. LL.M. By : Heru Susetyo, SH. LL.M. M.Sos.M.Sos.

WILSON’S FOURTEEN POINTSWILSON’S FOURTEEN POINTS

Presiden USA Woodrow Wilson (1918) :Presiden USA Woodrow Wilson (1918) :

““Fourteen Points” :Fourteen Points” : To end warTo end war To create a world dedicated to justice To create a world dedicated to justice

and fair dealingand fair dealing Rights to self determinationRights to self determination

VERSAILLES TREATYVERSAILLES TREATY

1.1. The treaty created the League of Nations The treaty created the League of Nations and The International Labor and The International Labor Organization.Organization.

2.2. ‘‘Self determination’ became a basic Self determination’ became a basic component of agreementcomponent of agreement

3.3. Guarantee protection of life and liberty Guarantee protection of life and liberty for all of inhabitants of the countries for all of inhabitants of the countries

4.4. Created a mandate system to protect Created a mandate system to protect freedom of conscience and religion in freedom of conscience and religion in former colonial territoriesformer colonial territories

ANTARA PD I - PD IIANTARA PD I - PD II

Andre Mandelstam (1921) persuaded to Andre Mandelstam (1921) persuaded to adopt a Declaration of the International adopt a Declaration of the International Rights of Man > a state’s duty to Rights of Man > a state’s duty to recognize the equal rights of each person recognize the equal rights of each person within its territory to life, liberty, property, within its territory to life, liberty, property, and religious freedom.and religious freedom.

H.G. Wells (1939) rights to food and H.G. Wells (1939) rights to food and medical care, education, access to medical care, education, access to information, freedom of discussion, information, freedom of discussion, association, and worship. association, and worship.

HITLER ERAHITLER ERA

Scholars promoted human rights, Scholars promoted human rights, Hitler undermined human rightsHitler undermined human rights

Anti semitism in Germany since 1933Anti semitism in Germany since 1933 Discrimination and genocide/ Discrimination and genocide/

holocaust to Jewish, gypsies, holocaust to Jewish, gypsies, homosexuals, in Europehomosexuals, in Europe

JAPANESE ATROCITIES DURING JAPANESE ATROCITIES DURING WORLD WAR IIWORLD WAR II

The killing and rape of Nanking The killing and rape of Nanking (43.000 civilians)(43.000 civilians)

Japanese in PhilippinesJapanese in Philippines Japanese in Indonesia (jugun ianfu)Japanese in Indonesia (jugun ianfu)

ATLANTIC CHARTERATLANTIC CHARTER

(Roosevelt) “Four Union Freedoms”(Roosevelt) “Four Union Freedoms” Joint Declaration Roosevelt and Joint Declaration Roosevelt and

Churchill : Atlantic Charter ( August Churchill : Atlantic Charter ( August 1414thth 1941) 1941)

Atlantic Charter : Atlantic Charter :

1.1. Established a peaceEstablished a peace

2.2. Safety within their own boundariesSafety within their own boundaries

3.3. Freedom from fear and wantFreedom from fear and want

NUREMBERG AND TOKYO NUREMBERG AND TOKYO TRIBUNALS 1945TRIBUNALS 1945

MAINLY FOCUSSED ON THE MAINLY FOCUSSED ON THE PROSECUTION OF PERPETRATORS OF PROSECUTION OF PERPETRATORS OF WAR TIME ABUSESWAR TIME ABUSES

THE CREATION OF UNITED THE CREATION OF UNITED NATIONS (PBB)NATIONS (PBB)

1.1. Dumberton Oaks meeting (Britain, Dumberton Oaks meeting (Britain, US, Soviet Union, China) US, Soviet Union, China) formulate : “proposal for the formulate : “proposal for the establishment of a general establishment of a general international organization.”international organization.”

2.2. The role of various NGO The role of various NGO organizations including several organizations including several Jewish groupJewish group

THE UNITED NATIONS CHARTERTHE UNITED NATIONS CHARTER

The charter preambles states that : The charter preambles states that : “the Peoples of the United Nations’ “the Peoples of the United Nations’ are determined to reaffirm faith in are determined to reaffirm faith in fundamental human rights, in the fundamental human rights, in the dignity and worth of human persons, dignity and worth of human persons, in the equal rights of men and in the equal rights of men and women and of nations large and women and of nations large and small.”small.”

The UN CharterThe UN Charter

1.1. Maintain international peace and Maintain international peace and security.security.

2.2. Develop friendly relations among Develop friendly relations among nations based on respect for the nations based on respect for the principle of equal rights and self principle of equal rights and self determinationdetermination

3.3. To Achieve international To Achieve international cooperation in solving international cooperation in solving international problems of an economic, social, problems of an economic, social, cultural, or humanitarian character.cultural, or humanitarian character.

UNIVERSAL DECLARATION OF UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948HUMAN RIGHTS 1948

UN General Assembly adopted the UN General Assembly adopted the UDHR in 10 December 1948 UDHR in 10 December 1948 articulating such rights :articulating such rights :

1.1. The rights to lifeThe rights to life

2.2. LibertyLiberty

3.3. Security of personsSecurity of persons

4.4. Freedom of expressionsFreedom of expressions

5.5. Peaceful AssemblyPeaceful Assembly

6.6. AssociationAssociation

7.7. Religious beliefReligious belief

8.8. MovementMovement

9.9. Protection from slaveryProtection from slavery

10.10. Arbitratry arrestArbitratry arrest

11.11. Imprisonment without fair trialImprisonment without fair trial

12.12. Invasion of privacyInvasion of privacy

INTERNATIONAL BILL OF INTERNATIONAL BILL OF HUMAN RIGHTSHUMAN RIGHTS

1.1. International Covenant on Civil and International Covenant on Civil and Political Rights 1966 (entry into Political Rights 1966 (entry into force 1976)force 1976)

2.2. International Covenant on International Covenant on Economic, Social, and Cultural Economic, Social, and Cultural Rights 1966) Rights 1966)

3.3. Optional Protocol to the Civil and Optional Protocol to the Civil and Political CovenantPolitical Covenant

ICCPR such as freedom of expression and ICCPR such as freedom of expression and the right to be free from torture or the right to be free from torture or arbitrary arrest are immediately arbitrary arrest are immediately enforceable. enforceable.

ECOSOC are to be implemented to the ECOSOC are to be implemented to the maximum of available resources, with a maximum of available resources, with a view to achieving progressively the full view to achieving progressively the full realization of the rights by all appropriate realization of the rights by all appropriate means, including particularly the adoption means, including particularly the adoption of legislative measures. of legislative measures.

THE ROLE OF GOVERNMENT THE ROLE OF GOVERNMENT IN ECOSOCIN ECOSOC

Governments that ratify the Governments that ratify the Covenants must immediately cease Covenants must immediately cease torturing their citizens but they are torturing their citizens but they are not immediately required to feed, not immediately required to feed, clothe, and house them.clothe, and house them.

THE DEVELOPMENT OF HUMAN THE DEVELOPMENT OF HUMAN RIGHTSRIGHTS

The UN has drafted, promulgated, The UN has drafted, promulgated, and now helps to implement more and now helps to implement more than 80 human rights, treaties, than 80 human rights, treaties, declarations, and other instruments declarations, and other instruments dealing with genocide, racial dealing with genocide, racial discrimination, womenm, religious discrimination, womenm, religious intolerance, the rights of disabled intolerance, the rights of disabled persons, etc.persons, etc.