PERKEMBANGAN HAK ASASI MANUSIA PASCA PERANG DUNIA KE I By : Heru Susetyo, SH. LL.M. M.Sos.

WILSON’S FOURTEEN POINTS Presiden USA Woodrow Wilson (1918) : “Fourteen Points” : To end war To end war To create a world dedicated to justice and fair dealing To create a world dedicated to justice and fair dealing Rights to self determination Rights to self determination

VERSAILLES TREATY 1. The treaty created the League of Nations and The International Labor Organization. 2. ‘Self determination’ became a basic component of agreement 3. Guarantee protection of life and liberty for all of inhabitants of the countries 4. Created a mandate system to protect freedom of conscience and religion in former colonial territories

ANTARA PD I - PD II Andre Mandelstam (1921) persuaded to adopt a Declaration of the International Rights of Man > a state’s duty to recognize the equal rights of each person within its territory to life, liberty, property, and religious freedom. Andre Mandelstam (1921) persuaded to adopt a Declaration of the International Rights of Man > a state’s duty to recognize the equal rights of each person within its territory to life, liberty, property, and religious freedom. H.G. Wells (1939) rights to food and medical care, education, access to information, freedom of discussion, association, and worship. H.G. Wells (1939) rights to food and medical care, education, access to information, freedom of discussion, association, and worship.

HITLER ERA Scholars promoted human rights, Hitler undermined human rights Scholars promoted human rights, Hitler undermined human rights Anti semitism in Germany since 1933 Anti semitism in Germany since 1933 Discrimination and genocide/ holocaust to Jewish, gypsies, homosexuals, in Europe Discrimination and genocide/ holocaust to Jewish, gypsies, homosexuals, in Europe

JAPANESE ATROCITIES DURING WORLD WAR II The killing and rape of Nanking ( civilians) The killing and rape of Nanking ( civilians) Japanese in Philippines Japanese in Philippines Japanese in Indonesia (jugun ianfu) Japanese in Indonesia (jugun ianfu)

ATLANTIC CHARTER (Roosevelt) “Four Union Freedoms” (Roosevelt) “Four Union Freedoms” Joint Declaration Roosevelt and Churchill : Atlantic Charter ( August 14 th 1941) Joint Declaration Roosevelt and Churchill : Atlantic Charter ( August 14 th 1941) Atlantic Charter : Atlantic Charter : 1. Established a peace 2. Safety within their own boundaries 3. Freedom from fear and want

NUREMBERG AND TOKYO TRIBUNALS 1945 MAINLY FOCUSSED ON THE PROSECUTION OF PERPETRATORS OF WAR TIME ABUSES MAINLY FOCUSSED ON THE PROSECUTION OF PERPETRATORS OF WAR TIME ABUSES

THE CREATION OF UNITED NATIONS (PBB) 1. Dumberton Oaks meeting (Britain, US, Soviet Union, China) formulate : “proposal for the establishment of a general international organization.” 2. The role of various NGO organizations including several Jewish group

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

The UN Charter 1. Maintain international peace and security. 2. Develop friendly relations among nations based on respect for the principle of equal rights and self determination 3. To Achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character.

UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948 UN General Assembly adopted the UDHR in 10 December 1948 articulating such rights : UN General Assembly adopted the UDHR in 10 December 1948 articulating such rights : 1. The rights to life 2. Liberty 3. Security of persons 4. Freedom of expressions 5. Peaceful Assembly

6. Association 7. Religious belief 8. Movement 9. Protection from slavery 10. Arbitratry arrest 11. Imprisonment without fair trial 12. Invasion of privacy

INTERNATIONAL BILL OF HUMAN RIGHTS 1. International Covenant on Civil and Political Rights 1966 (entry into force 1976) 2. International Covenant on Economic, Social, and Cultural Rights 1966) 3. Optional Protocol to the Civil and Political Covenant

ICCPR such as freedom of expression and the right to be free from torture or arbitrary arrest are immediately enforceable. ICCPR such as freedom of expression and the right to be free from torture or arbitrary arrest are immediately enforceable. ECOSOC are to be implemented to the maximum of available resources, with a view to achieving progressively the full realization of the rights by all appropriate means, including particularly the adoption of legislative measures. ECOSOC are to be implemented to the maximum of available resources, with a view to achieving progressively the full realization of the rights by all appropriate means, including particularly the adoption of legislative measures.

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

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