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Phil C. W. Chan - Equality in Asia-Pacific: Reality or a Contradiction in Terms?

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Phil C. W. Chan Equality in Asia-Pacific: Reality or a Contradiction in Terms?
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In 1948, the United Nations General Assembly proclaimed the Universal Declaration of Human Rights, stating every human beings right of equality in dignity and right. However, notwithstanding recognition by the international community of its importance and codification in numerous national and sub-national constitutions and legislation, reinforced by various multilateral and regional human rights treaties, the right of equality continues to be unable to take complete firm hold in all regions and countries. Evidence, as presented by the insightful papers in this collection, published initially as a Special Double Issue of The International Journal of Human Rights dedicated to exploring the place of equality in Asia-Pacific societies, suggests that although progress is being made the right of equality has not yet fully materialized, both in law and in reality, in the worlds most populous region. Many factors, particularly entrenched cultural heritage and practices, the lingering effects of colonialism and newly found independence, and, above all, pervasive ignorance and prejudices, continue to impede the recognition, development and protection of equality in this region. Of course, equality, a normative right and entitlement by virtue of our humanity, has neither been fully achieved in societies outside the region. Such neo-colonial thinking in fact perpetuates and assists in the subjugation of the right of equality in the Asia-Pacific Region as a matter of relevance and concern only to Western countries. Accordingly, we hope that our discussions will also be able to shed light and generate reflections on realities outside the region as interlinked with our aim.

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Equality in Asia-Pacific: Reality or a Contradiction in Terms?
In 1948, the United Nations General Assembly proclaimed the Universal Declaration of Human Rights, stating every human beings right of equality in dignity and right. However, notwithstanding recognition by the international community of its importance and codification in numerous national and sub-national constitutions and legislation, reinforced by various multilateral and regional human rights treaties, the right of equality continues to be unable to take complete firm hold in all regions and countries.
Evidence, as presented in this book dedicated to exploring the place of equality in Asia-Pacific societies, suggests that although progress is being made the right of equality has not yet fully materialised, both in law and in reality, in the worlds most populous region. Many factors, particularly entrenched cultural heritage and practices, the lingering effects of colonialism and newly found independence, and, above all, pervasive ignorance and prejudices, continue to impede the recognition, development and protection of equality in this region. Of course, equality, a normative right and entitlement by virtue of our humanity, has neither been fully achieved in societies outside the region. Such neo-colonial thinking in fact perpetuates and assists in the subjugation of the right of equality in the Asia-Pacific Region as a matter of relevance and concern only to Western countries. This collection sheds light on realities outside as interlinked with our aim.
This book was previously published as a special double issue of The International Journal of Human Rights.
Phil C. W. Chan is currently Visiting Scholar/Visiting Professor at the Faculty of Law, Common Law Section, University of Ottawa, and Visiting Scholar at the Asian Institute, Munk Centre for International Studies, University of Toronto.
Equality in Asia-Pacific
Reality or a Contradiction in Terms?
Edited by
Phil C. W. Chan
With Foreword by
Archbishop Desmond Tutu
Equality in Asia-Pacific Reality or a Contradiction in Terms - image 1
First published 2008 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2007 edited by Phil C. W. Chan
Typeset in Times Roman by Techset Composition, Salisbury, UK
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.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
A catalog record for this book has been requested
ISBN 10: 0-415-37329-8 (hbk)
ISBN 13: 978-0-415-37329-6 (hbk)
Contents
Archbishop Desmond Tutu
Frank Barnaby
Phil C. W. Chan
Clare Hemmings
Phil C. W. Chan
Paul Rishworth
Kristen Walker
Cecilia Milwertz and Wei Bu
Michael Palmer
Hyunjoon Park
Phil C. W. Chan
Jill Cottrell and Yash Ghai
Human nature entails fear of differences, and it is only natural that the majority of us will seek to maintain the status quo such that our perceived superiority (whatever it be) over others who are, or are perceived to be, different from us may continue to subsist. Nonetheless, it is precisely these differences that make up humanity, and it is affirmation and respect for these differences that make it so truly wonderful to be humans. The Holocaust and South Africas decades-long sufferings from apartheid, to name but two, vividly illuminated the dangers and perils into which prejudices and stereotypes are capable of degenerating. Equality is thus not an abstract notion: to be treated equally on the basis of ones merits alone is integral to the human experience and the integrity of each and every human society. This is not to say that life is or must be fair; human experience perforce dictates otherwise. It is, however, incumbent upon all of us to make life fairer.
Whilst equality is now a principle legally celebrated in all international human rights treaties and most national and sub-national constitutions, the full and complete implementation of these equality guarantees continues to be impeded if not entirely disregarded in and by many countries. I therefore commend and congratulate The International Journal of Human Rights dedication and Phil C. W. Chans editorship of a Special Double Issue that examines the status of achievement of equality in Asia-Pacific, the most populous region of the world. The range of coverage in this interdisciplinary Special Double Issue is impressive. These contributions, by leading scholars in their fields, assist us in our global understanding and appreciation of equality in law, in practice and, most importantly, in its being normative. Readers within and without the Asia-Pacific Region therefore have much to gain from the insights this Special Double Issue contains, for equality, upon which all human rights are premised, can all but be taken away with alacrity by those in a position of domination who will seek to maintain and exploit the status quo for their selfish concerns, and must be strengthened, by all of us, at all costs.
Archbishop Desmond Tutu
Truth and Reconciliation Commission
Cape Town, South Africa
This Special Double Issue of The International Journal of Human Rights contains a selection of nine papers dealing with various aspects of achievement or otherwise of full and complete equality in the Asia-Pacific Region. The topic is of core importance to all scholars, policy-makers, human rights practitioners and activists, and students who are concerned about human rights in the worlds most populous region. Moreover, it is obviously the case that achievement of full and complete equality is an essential, and basic, requirement for the improvement of all human rights.
Phil C. W. Chan, as Guest Editor, has superbly assembled a group of first-rate scholars to be authors of the papers in this Special Double Issue and prepared the Special Double Issue for publication. He is to be much congratulated and I am grateful to him.
I am confident that this Special Double Issue of the Journal will be regarded as a standard text by and essential reading for all who are concerned about the status and place of equality in Asia-Pacific.
Frank Barnaby
Editor
The International Journal of Human Rights
PHIL C. W. CHAN
The Holocaust brought to the fore consequences of oppressing individuals and groups by virtue of their respective particular personal characteristics, and of ignoring such oppression. Thus, in 1948, as the United Nations General Assembly proclaimed the Universal Declaration of Human Rights, since taken as largely reflecting norms of customary international law binding on all States, it was agreed by consensus in its first provision that [a]ll human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
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