Research

The network construction for the protection of Human Rights and the co-operation for the prevention of human rights violation related with criminal policy in East-Asia

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The network construction for the protection of Human Rights and the co-operation for the prevention of human rights violation related with criminal policy in East-Asia

Authors: Tanatthep Tianprasit (Graduate school of Law, National Institute of Development Administration, Bangkok, Thailand), Kim, KyoungChan, LEE, Joonpyo, Syn, Dongyiel, Amelya Gustin, Yada Dejchai

วารสาร: Journal of Ethnicity in Criminal Justice, Volume 17, 2019 - Issue 4

URL: https://www.kicj.re.kr/board.es?mid=a20601010300&bid=0029&act=view&list_no=12681&nPage=3

Abstract

This study began] with the aim of constructing a network for the protection of human rights in East Asian countries and devising criminal policy cooperation plans for East Asian countries to prevent human rights violations. Also this study was performed to overcome the situation of weak human rights protection in East Asia and lay the foundation for continuous development through smooth mutual exchange as well as protecting and respecting each other as humans in a peaceful, free and safe environment.

It is often suggested that each country in East Asia recognizes and views human rights, differs from country to country in economic and social conditions and environment, as well as culture, religion, language, ideology, legal system, government and state composition. This is linked to critical or skeptical opinions or arguments in the stable protection of human rights or prevention of human rights violations in East Asia.

Despite the fact that universal human rights aimed at the United State (UN) have been presented as basic standards for respect and protection in the international community through World War I and World War II, problems, difficulties, and limitations of uncomfortable relations between East Asian countries in order for universal human rights to be realized in each country in East Asia, problems, difficulties, and limitations due to inconvenient relations between countries in East Asia and various interests or differences in international interests and positions are discussed.

Therefore, this study aims to recognize and embrace related problems and limitations rather than maintaining a critical or skeptical view of the human rights protection situation or conditions of each country in East Asia or sticking to difficulties and limitations. In addition, although it may be difficult, we tried to find possible ways to protect human rights and prevent human rights violations in each country in East Asia, discuss, conceive, participate, and suggest ways to cooperate.

The network for human rights cooperation in East Asia can be conceived in a complex, overlapping, and multidimensional manner, not in just one network method. Cooperation measures to prevent human rights violations require roles and efforts from various organizations or organizations, including related state agencies, government agencies, local governments, civil society organizations, non-profit organizations, academic and research institutes, and lawyers organizations.

The task of protecting human rights and preventing human rights violations may be personal tasks, but first of all, it is a national task and also a task that requires cooperation between the state and citizens. Also it is related to the democracy of the government composition method as well as the method of national composition. Since the political systems, state systems, and ideological systems of each state in East Asian region are very different, it is necessary to share systems and experiences related to democracy and expand opportunities and time for mutual exchange rather than unilaterally criticizing with any typical standards for democracy.

It would be desirable for any country or government in East Asia to make its own efforts and policies to protect human rights and prevent human rights violations, but there may be countries and governments that do not or feel difficult. Therefore, cooperation and mutual exchange between the state and the government to protect human rights and prevent human rights violations may be necessary, and collecting opinions, communicating, and participating in healthy civil society may be necessary and helpful.

In the case of state agencies, various state agencies in each country in East Asia are closely related to human rights protection work, but first of all, the independent National Human Rights Commission of Korea is important and can play many roles. Of course, the independent National Human Rights Commission of Korea cannot always play the best or best role. Nevertheless, it plays a very important role in that it can voice checks against human rights violations that the state or government may commit and present opinions different from the government's position to prepare policies or legal systems to protect human rights.

Among the countries in East Asia, Korea, Mongolia, Indonesia, Malaysia, the Philippines, Thailand, Myanmar, and Hong Kong have independent national human rights commissions, depending on the political orientation of each country, or the national human rights commission does not play a big role. However, since the independent national human rights commission can produce opinions independent of the government's position, it is a very important state agency in human rights cooperation in East Asia, and countries without an independent national human rights commission need cooperation to establish it.

In Japan, for example, the Japanese government has a human rights advocacy bureau in the Ministry of Justice as a government agency to protect the human rights of its citizens, but it is vulnerable to presenting opinions on human rights protection at a different level from the government's voice. This leads to a national limitation of the Japanese government's violation of human rights in Japanese Military Sexual Slavery―crimes related to Japanese military Japanese Military Sexual Slavery in the 1930s and 1940s were later revealed and discussed in the 1990s, that is, 50 to 60 years later, and can be said to be a continuous task today―2) and human rights violations related to forced labor during the Japanese occupation, beyond the government's position to international human rights protection cooperation.

Therefore, countries with independent national human rights Commissions in each country in East Asia need to share and provide their experiences and knowledge so that countries that do not have independent national human rights commissions can have independent national human rights commissions. In addition, It would be helpful that civil society organizations in each country in East Asia can share their experiences, efforts, and achievements so that their governments can have independent national human rights commissions by sharing opinions, communicating, and cooperating with each other.

It is also important to note what specific procedures and measures each country in East Asia has to protect human rights and prevent human rights violations. Various government agencies can be applied in a broad sense, but in particular, the ministry of justice, the prosecution, and the police perform tasks directly related to civil rights protection and human rights violations, so it is important whether they have organizations and departments for the protection of human rights within themselves.

Of course, even if their roles for human rights protection cannot be said to be very satisfactory, the ministry of Justice, the prosecution, and the police in Korea have their own organizations and departments to protect human rights and prepare guidelines and regulations related to human rights protection and prevention of human rights violations. Efforts and achievements to protect human rights and prevent human rights violations by the prosecution and police in the past, as well as the past cases of human rights violations in Korea, can be valuable source for human rights cooperation in East Asia.

There are many countries in East Asia that do not have organizations and departments to protect human rights and prevent human rights violations within prosecutors and police. Even if the Korean government agency lacks experience and system related to human rights protection, it is worth discussing the vulnerabilities and problems of human rights protection and sharing them in relation to human rights protection laws. This can help promote mutual cooperation to protect human rights in East Asia.

In the case of China, talks on human rights between the U.S. and China are fiercely progressing, and in the case of China, they are wary of politicizing and meaning human rights. Theoretical arguments and perspectives on human rights protection, including the issue of economic subordination of underdeveloped countries in the process of realizing universal human rights, are worth sufficiently reviewing and considering.

China is very interested in Eurasia's “One Belt and One Road” for economic cooperation and regional economic cooperation for economic exchanges with neighboring countries, and joint discussions on human rights protection between China its neighboring countries are necessary. In addition, China was criticized a lot in the early stages of the outbreak of COVID-19, but the fact that it has shown certain results in related quarantine and safety measures and is conducting international cooperation can be partially positively evaluated. Therefore, China's mutual cooperation to protect human rights in East Asia is expected to discuss or expand mutual cooperation in theoretical discussions and dialogue, regional economic cooperation with China, COVID-19 quarantine and safety, and academic cooperation and exchange to improve the national legal system.

Mongolia has experience in abolishing the death penalty system in East Asian countries. Of course, Mongolia has a voice by some group of its people to revive or maintain the death penalty domestically. Mongolia's experiences and achievements are worth sharing and a good precedent for countries like Korea that are making great efforts to abolish the death penalty, but have not yet abolished it, or most countries that currently maintain it in East Asia. It can be said that few countries in East Asia clearly present the value of respect for their lives. This appears as a national punishment, the death penalty, and if the state justifies and institutionalizes life infringement, it may be vulnerable to large-scale and serious human rights violations such as genocide or forced disappearance committed by the state or government. There is also a contradiction in realizing and teaching revenge by using the people as hostage of the value of justice.

Since most countries in East Asia have the death penalty, they may be vulnerable or insensitive to various ways and forms of human rights violations in various fields in the future, and may not be active in efforts to protect human rights at the government or state level. Accordingly, mutual cooperation between East Asian countries to abolish the death penalty is requested, and mutual cooperation to continuously abolish the death penalty needs to be promoted.

Mongolia has already abolished the death penalty nationwide, so in East Asia, Mongolian state or the government will be able to cooperate with Korea on the abolition of the death penalty. Korea may also be able to cooperate with a number of lawmakers, political parties, civil society organizations, lawyers' organizations, academic organizations and scholars in favor of the abolition of the death penalty.

In the case of Japan, lawyers' organizations, civil society organizations, academic organizations, or scholars in favor of the abolition of the death penalty system will be able to gather opinions and carry out solidarity for the abolition of the death penalty system and human rights protection in East Asia.

If cooperation or solidarity for human rights protection at the national or government level is difficult or hard, cooperation and solidarity at the local government level can also be an effective method. There is a painful experience of experiencing many difficulties related to national human rights violations as in Gwangju and Jeju, Geochang, Sancheong, Hamyang, and Nogunji areas of Korea, and various efforts and attempts are being made to overcome them.

It is necessary to carry out policies and efforts to restore the honor of the Korean government, compensation for damages, improve laws and regulations to prevent human rights violations, improve related organizations, and collect opinions and discussions below. These policies and contents can be good content that constitutes practical content in the composition of the entire human rights cooperation network and the establishment of a foundation for mutual cooperation in East Asia, and can play a certain role and help in cooperation between local cities in addition to government-level cooperation. In addition to this region, it is necessary to continue to investigate and review cases of human rights violations by soldiers or states that have not been identified historically.

Human rights violations in various ways committed by countries occurring in each country in East Asia may be difficult to directly protect human rights or cooperate with the government to prevent human rights violations. It is necessary to seek mutual cooperation with local governments or civil society organizations in the region where the human rights violations have occurred in various ways.

Human rights education programs discovered and investigated in each region can help enhance human rights protection capabilities nationwide. The systematic investigation and composition of human rights violations in each region can also be used as the contents of human rights protection education and training programs in East Asia.

Crimes that occur internationally in East Asia include drug crimes, voice fishing(phishing) crimes, corruption crimes, (forced) disappearance, concealment of criminal proceeds, human trafficking, prostitution, and terrorist crimes. There are limitations in that this study cannot deal with all of these various problems and crimes occurring in East Asia, and follow-up studies can be conducted by detailed topics and areas in future studies and tasks.

This study mainly focused on drug crimes, disappearances, and damage to overseas citizens. For this reason, drug crimes are the oldest and least eradicated crimes, have the nature of international organized crimes, and are easy to jointly recognize problems, so international joint responses and mutual cooperation are the most receptive and empathize with the need for cooperation. In addition, as the movement and exchange of population increase for economic, cultural, and political reasons in East Asia, most countries in East Asia are exposed to the risk of disappearance and overseas citizens crime, requiring mutual cooperation between East Asian countries and citizens.

Regarding the safety of the East Asian region, numerous people have lost their lives or are threatened with safety due to the recent outbreak of COVID-19 since 2020. Safety is the most fundamental to human rights protection, and infections spreading internationally are inevitable for regional and international cooperation. Fake news or hate crimes that occur in this regard are representative areas of human rights violations, and cooperation for preventing human rights violations is required institutionally and educationally.

In reality, each country in East Asia does not have an appropriate human rights protection or human rights infringement supervisory department in state organizations or government agencies to protect human rights and prevent human rights violations. In addition, it is regrettable that it is not easy to express, collect, and convey various opinions of civil society organizations in each country in East Asia.

Furthermore, mutual solidarity and cooperation between some civil society organizations in East Asia are achieved, but mutual exchanges and cooperation between civil society organizations in East Asia have been affected by COVID-19, but they are not active and also difficult.

Establishing human rights-related departments or human rights protection education in countries or governments in East Asia can be of some help to the Official Development Assistance(ODA) program to support developing or undeveloped countries in East Asia. Support and education need to be conducted appropriately for the local situation while collecting and reflecting local opinions, including material support, on matters needed locally.

Reviewing and reflecting institutional situations in Northeast Asia and Southeast Asia and existing cooperative situations with Korea may be very different, so seeking ways to cooperate by individualizing them by case by case may be necessary as a way to increase ease of mutual cooperation and expand future cooperation.

The establishment of human rights protection agencies or departments of the state or government, human rights protection education, and human rights protection training programs target government agencies or civil society organizations in Northeast Asia and Southeast Asia. One way to review is to partially support human rights protection-related departments of related research institutes, including the United Nations Cooperation Organization in each country in East Asia, the Korean Human Rights Commission or the Korean Criminology and Justice Institute (KICJ).

Differences in language, religion, culture, race, ideology, and legal systems and differences in economic, political, security, and military purposes or interests in relation to mutual cooperation to protect human rights and prevent human rights violations in East Asia are recognized as obstacles. It also continuously raises or discusses the difficulties, impossibilities, and inconveniences of realistic and specific cooperation in relation to human rights cooperation in East Asia.

It is well known that macro-level mutual cooperation or mutual solidarity to protect human rights or prevent human rights violations in East Asia may be difficult to proceed with any single effort or project. Therefore, it may be necessary to gradually expand discussions and mutual cooperation, focusing on areas where mutual cooperation is possible and areas where it is necessary, urgent, and empathy is possible.

Not only offline mutual cooperation and mutual solidarity, but also online mutual cooperation and mutual solidarity―Using some of the metal buses that are drawing a lot of attention recently―can be used in one way.

It is pointed out that online cooperation and mutual solidarity have difficulty in sufficient intimacy or information exchange due to lack of direct contact and meeting with each other, and that human rights education or human rights protection activities may be formally biased. In addition, it is true that many of the countries in East Asia have difficulties in universal use or limitations in manpower due to their lack of Internet or online utilization.

Nevertheless, mutual exchanges using the Internet and online continue to expand, focusing on possible places, regions, and targets, while also conducting inspections on places, regions, and targets that are unable to participate or alienated.

Education and training to protect human rights, cooperate to protect human rights, and prevent human rights violations in East Asia need to be reviewed offline and online, that is, online and offline advantages, disadvantages, and limitations, and overcome problems.

In addition to national human rights organizations, criminal justice organizations such as the ministry of Justice, prosecutors, and police, the role of the national assembly is also important. There are various committees in the national assembly, and there is a need to establish a separate human rights committee. If the human rights commission can be properly formed in each country in East Asia, members of each national council will benefit from more democratically collecting the will of the people on regional issues and issues in East Asia. In addition, it can be of great help in establishing a mutual cooperation system, organization, agreement, or norm of human rights norms locally in East Asia. In addition, if government agencies in East Asian countries have related regulations, including human rights-related departments, such as laws and rules on human rights protection and prevention of human rights violations, it can also help to realize them practically.

Therefore, various related organizations need to cooperate so that departments can be established for countries that do not have government agencies or human rights-related departments in each East Asian country. The contents of the Korean prosecution and police human rights protection regulations attached in the appendix (will be provided later), could also be one way for government agencies from East Asian countries to communicate, exchange, share, and continue discussions.

It can be said that Korea is somewhat ahead of the human rights policy in East Asia, but it is very regrettable that the national assembly does not have a human rights committee. National human rights commissions of each country in East Asia are necessary for mutual cooperation in human rights protection in East Asia. This can play an important role in establishing a human rights cooperation system, organization, and regional norms in East Asia, and can be said to be necessary and requested.

In the case of the East Asian Declaration of Human Rights, it is necessary to expand the scope of participation of participants, including countries, parliament, government agencies, local governments, local councils, lawyers' organizations, and individuals rather than presenting the final version at once,

Formally, it is necessary to continue to be proposed and made in a form that properly reflects various historical major cases and special contents in East Asia, from resolutions to declarations and charters.

It can be said that the human rights system in East Asia is also difficult to form any completed form of human rights system at once. Therefore, it is also important for criminal justice agencies such as the national human rights commission, parliament, government's ministry of justice, prosecution, police, the ministry of health and welfare, local councils, civil society organizations, lawyers, and individuals to continue cooperation. In addition, programs related to human rights education, human rights training, human rights cooperation, and forums for human rights discussions can be organized in various online and offline forms

Of course, it may be impossible or difficult for most countries, government agencies, councils, and civil society organizations to participate from the beginning, but it will be able to be expanded as it proceeds to the extent, content, and method possible. Although Korea may not be said to have excellent human rights protection or human rights policies domestically, it has made considerable development among countries in East Asia and is pushing for improvement through many discussions. Criminal justice agencies such as the National Human Rights Commission of Korea, the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Health and Welfare or other government departments and agencies,

Assembly (needed establishment of human rights committee), local governments and local councils in Gwangju and Jeju (needed improvement of the system for regional human rights cooperation), and civil society organizations (active participation in human rights cooperation between the state and the government and East Asia) can participate in human rights cooperation programs and training in East Asia.

The Korean Institute of Criminology and Justice (KICJ), Thailand Institute of Justice (TIJ), The College for Criminal Law Science of Beijing Normal University of China (CCLS), UNAFEI in Japan, Australia's Australian Institute of Crime (AIC), the National Institute of Justice (NIC), Sweden's Laul Wallenberg Institute of Human Rights and Humanitarian Law, HEUNI (European Institute for Crime Prevention and Control, affiliated with the United Nations) in Finland are wonderful partners as the United Nations Organization for Cooperation (UNPNI, UN Program Network Institute) for the protection of Human Rights for East Asia.

KICJ aims to strengthen mutual cooperation with the organizations above including criminal justice agencies such as police, research institutes and professional researchers, local governments, human rights and peace civil society organizations including lawyer organizations.

In addition, the Korean Institute of Criminology and Justice (KICJ) want to promote and activate East Asian cooperation programs for protection of human rights and prevention of human rights violations in Northeast Asia and Southeast Asia with criminal justice agencies such as prosecutors, police, universities, various research institutes, and civil society organizations.

Human rights cooperation programme including training course and Human Rights Education Institute of East Asia in Korea could be useful for the Network construction for the protection of Human Rights and the co-operation for the prevention of human rights in East Asia.