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A Balanced Approach

The implementation of human rights implies the existence of a balanced relationship between individual human rights and the obligations of individuals toward their community. Without such a balance, the rights of the community as a whole can be denied, which can lead to instability and anarchy, especially in developing countries.

As in many developing countries, Indonesia’s culture and its ancient and well-developed customs have traditionally placed high priority on the rights and interests of the community. This means that the interests of the majority often prevail over individual or group interests without, however, harming in any way the rights and interests of those individuals or groups. Individual and group rights are always fully taken into account, based upon the principle of "musyawarah-mufakat", which translates to "deliberations to attain consensus" and which is firmly embedded in the nation’s sociopolitical system and unique form of democracy.

While human rights are universal in character, it is generally acknowledged that their domestic expression and implementation should remain the responsibility of each individual government. As is well known, there are categories of human rights: civil and political rights, economic and social rights, the rights of the individual being and the rights of the community, the society and the nation. It is universally accepted that these categories of rights are indivisible and interrelated, and there should be a balance in the appreciation and promotion of all rights in their integral whole. Undue emphasis on one category of human rights over another cannot be justified. In assessing the human rights conditions of countries and developing countries in particular, the international community should, therefore, take into account the situation in relation to all categories of human rights.

This is consistent with the basic principles contained in the United Nations Universal Declaration of Human Rights, adopted in 1948. Article 298 of that declaration addresses two aspects that balance each other: "On the one hand, there are principles that respect the fundamental rights and freedoms of the individual; on the other, there are stipulations regarding the obligations of the individual to society and state."

In analyzing a country’s human rights programs, one must take into account the complex variety of problems, differing economic conditions, social and cultural realities, and local value systems that prevail in each country. This national condition not only derives from the principle of sovereignty of states, but is also a logical consequence of the principle of self-determination.

In Indonesia, as in many developing countries, the rights of the individual are balanced by the rights of the community. In other words, they are balanced by the obligation to respect the rights of others, the rights of society and the rights of the nation. This clearly conforms to the cultural traditions and customs prevalent in most developing countries where the interests and rights of the community often prevail over those of the individual. It also is fully in line with the Universal Declaration of Human Rights.

In the application of human rights in developing countries, there are fundamental rights and concerns in addition to certain civil and political freedoms to which equal and urgent attention should be given. These include the right of the vast majority to be free from want, hunger, ignorance, disease and economic hardship. Attention also must be given to the right to development and the right to be free from external political and economic coercion in pursuit of development in an atmosphere of peace and national stability. Precisely because human rights are indivisible, no singular emphasis should be put on certain aspects of those rights.

Indonesia is of the firm view that in elevating the application and implementation of human rights in individual countries, the characteristic problems of developing countries in general, as well as the specific problems of individual societies in particular, should be taken fully into account. Similarly, there should be a balanced approach toward respect for the fundamental rights of the individual and the rights and interests of society and the nation as a whole.

The primary objective of actions in the field of human rights is not to accuse nor to assume the role of judge and jury over other countries, but to together develop a common consensus in the international community and to encourage improvement in the observance of these fundamental rights and freedoms. A country should not attempt to remake the world in its own image, but should strive to make the world a more humane, peaceful and equitably prosperous place for all.

For its part, the Government of Indonesia has consistently endeavoured to adhere to the humanitarian precepts and basic human rights and freedoms embodied in Pancasila, its 1945 Constitution and its national laws and regulations. These precepts, rights and freedoms, embodied in the constitutional and legal system, derive from long-standing traditions, customs and the philosophy of life of the people of Indonesia.

 

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