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Claude E. Welch Jr. - Asian Perspectives on Human Rights

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Claude E. Welch Jr. Asian Perspectives on Human Rights

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Analyzes Asian perspectives on human rights in terms of cultural traditions, grassroots and regional organizations, and economic constraints on the expression of rights. The book asks: are human rights western in their inception, are they universal or do they differ by region and culture.

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Asian Perspectives on Human Rights
First published in 1990 by Westview Press
Published in 2021 by Routledge
605 Third Avenue, New York, NY 10017
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright 1990 by Taylor & Francis
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
Library of Congress Cataloging-in-Publication Data
Asian perspectives on human rights: edited by Claude E. Welch, Jr.,
and Virginia A. Leary.
p. cm.
Includes bibliographical references and index.
ISBN 0-8133-1014-8
1. Human rightsAsia. I. Welch, Claude Emerson. II. Leary,
Virginia A.
JC599.A78A85 1990
323.095dc20
90-40365
CIP
ISBN 13: 978-0-3670-0381-4 (hbk)
ISBN 13: 978-0-3671-5368-7 (pbk)
DOI: 10.4324/9780429033674
Contents
, Claude E. Welch, Jr., and Virginia A. Leary
PART ONE
INTERNATIONAL PERSPECTIVES
Global Change and Human Rights: Asian Perspectives in Comparative Context, Claude E. Welch, Jr.
The Asian Region and the International Human Rights Movement, Virginia A. Leary
PART TWO
ASIAN CULTURAL TRADITIONS AND HUMAN RIGHTS
Islam, Islamic Law and the Dilemma of Cultural Legitimacy for Universal Human Rights, Abdullahi Abmed An-Naim
Traditional Values and Universal Human Rights: Caste in India, Jack Donnelly
A Buddhist Response to the Nature of Human Rights, Kenneth K. Inadd
PART THREE
GROUP CONFLICT AND HUMAN RIGHTS
Ethnicity, Ethnic Conflict and Human Rights in Malaysia, Chandra Muzaffar
Human Rights NGOs in Indonesia and Malaysia, Daniel S. Lev
Human Rights as Dynamic Process: The Case of Indias Untouchables, Barbara R. Joshi
Human Rights in Mass-Based Ethnic Conflict: South Asian Examples of Dilemmas of Definition, Monitoring and Protection, Barnett R. Rubin
Protection of Religious Minorities and Women: The Impact of Islamic Law in Pakistan, Asma Jahangir
Human Rights and the New Industrial Working Class in Bangladesh, Shelley Feldman
PART FOUR
FOR FURTHER RESEARCH
Human Rights in South and Southeast Asia: A Selective Bibliography, Nina Cascio
    1. 1 Global Change and Human Rights: Asian Perspectives in Comparative Context
    2. 2 The Asian Region and the International Human Rights Movement
  1. Part Two Asian Cultural Traditions and Human Rights
    1. 3 Islam, Islamic Law and the Dilemma of Cultural Legitimacy for Universal Human Rights
    2. 4 Traditional Values and Universal Human Rights: Caste in India
    3. 5 A Buddhist Response to the Nature of Human Rights
  2. Part Three Group Conflict and Human Rights
    1. 6 Ethnicity, Ethnic Conflict and Human Rights in Malaysia
    2. 7 Human Rights NGOs in Indonesia and Malaysia
    3. 8 Human Rights as Dynamic Process: The Case of Indias Untouchables
    4. 9 Human Rights in Mass-Based Ethnic Conflict: South Asian Examples of Dilemmas of Definition, Monitoring and Protection
    5. 10 Protection of Religious Minorities and Women: The Impact of Islamic Law in Pakistan
    6. 11 Human Rights and the New Industrial Working Class in Bangladesh
  3. Part Four For Further Research
    1. 12 Human Rights in South and Southeast Asia: A Selective Bibliography
Guide
Asian Perspectives on Human Rights springs from our long-term interest in the cultural, legal and political foundations of human rights. This book explores ways in which cultural preconceptions and practices influence individuals rights. We have chosen to focus on South and Southeast Asia, given the areas huge population; its ethnic, linguistic and religious diversity; and the manifold obstacles to human rights that exist within it. We do not pretend to be exhaustive in coverage either geographically or topically. Rather, we have attempted to highlight broadly significant issues through case studies by well-known specialists. The eclecticism is deliberate, as is the books open-ended nature.
This book took shape, as do many academic books, through conferences. Thanks to the generous support of the Ford Foundation, the Conversations in the Disciplines program of the State University of New York and its local counterpart, the Conferences in the Disciplines program of SUNY/Buffalo, the Baldy Center on Law and Social Policy, the Faculty of Social Sciences and the School of Law, the editors hosted conferences in Buffalo in March 1987 and May 1988, at which initial drafts of the following chapters were presented. We sought to bring together Asian human rights activists and scholars in the hope that dialogue among them, and with specialists from other countries, would broaden our understanding of human rights. The efficient running of the two conferences owed much to Idelle Abrams, Ann Gaulin and Venice Feeley. We deeply appreciate the grants that helped make the book possiblebut, of course, recognize our responsibility for the accuracy of the following pages. Our ultimate hope is that readers of Asian Perspectives on Human Rights will better understand that, though cultural perceptions differ, the ultimate sanctity of human dignity is constant.
Claude E. Welch, Jr.
Virginia A. Leary
Codirectors, Human Rights Center,
State University of New York at Buffalo
PART ONE
International Perspectives

Global Change and Human Rights: Asian Perspectives in Comparative Context
Claude E. Welch, Jr.
DOI: 10.4324/9780429033674-2
A half-century of change has left South and Southeast Asialike much of the rest of the worldprofoundly altered. Among the most important changes, analysts would readily agree, have been: (1) the shift over time from world war to cold war and then to localized and civil war, all under a shadow of unparalleled destructive power held by the United States and the Soviet Union; (2) the tripling of the number of states belonging to the United Nations, the overwhelming majority of them situated in formerly colonized parts of Africa, Asia, the Caribbean, the Middle East and Oceania; (3) the massive resurgence of world trade, fueled by the post-War vitality of the United States, recovery and economic integration in Western Europe, and the recent rise of Pacific Rim states, notably Japan and the four tigers; and (4) the instantaneous electronic links possible with modern mass communications.
The world of the early 1940s was tom by global conflict; now it is marked by a combination of relative peace among the militarily most powerful, and uneasy peace within and between many countries of the Third World. The map differs markedly, comparing 1940 and 1990. Western empires crumbled in waves after the war. Colonies from Aden to Zanzibar have gained their independenceand often new names and boundaries. The term Third World is itself a post-World War II term, coined to reflect the dramatic changes of decolonization. The United Nations shifted from a chummy, 50-member club dominated by countries bordering the Atlantic to a sprawling, 160-member conglomerate of micro-, mini- and maxi-states from all reaches of the globe. The links of international commerce now reach even more deeply into societies. Trade among nations, its spread interrupted in the early 1940s by Germanys and Japans efforts at military conquest, grew exponentially after the war under American leadership; then, in the early 1970s, witnessed the resurgence of Japans and Germanys economic might, now through peaceful means. Revolutions in communications technology influenced political change at an increasing pace, as dramatically shown in 1989. TV minicameras, portable telephones, VCRs, fax machines and communications satellites spread news around the world in milliseconds of dictatorships under assault. Tanks in Tiananmen Square briefly halted by a lone man; thousands of Germans chipping away at the Berlin Wall or marching for democracy in candle-lit silence; the bloodied corpse of a slain dictator: all these flashed across television screens almost instantaneously. Truly then, basic transformations have occurred within this half-century.
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