Human Rights in the Global South (HRGS)

Can National Strategy Sidestep Civil and Political Rights? The Case of Indonesia’s Simultaneous Regional Elections

Rizqi Bachtiar — 2023-12-11

The policy of transitioning to simultaneous elections in 2024 in Indonesia has given rise to polemics regarding human rights and democracy. There is no justification for the government to disregard citizens' civil and political rights in appointing interim regional heads. This research seeks to examine the phenomenon of the appointment of interim regional heads as an integral part of fulfilling citizens' civil and political rights. By using normative juridical or legal doctrinal research methods, this research demonstrates that the process of appointing interim regional heads is problematic. The government only relies on one regulation while ignoring the others, such as government and non-governmental organizations' recommendations. As a result, the appointment of interim regional heads appears less democratic, potentially leading to actions taken behind closed doors without involving public participation. This indicates that the centralized appointment of interim regional heads is more politically driven than merely focused on effectiveness and efficiency.

Reimagining Human Rights: Harnessing the Power of Law for Global Health and Sustainable Development Goals

Bhupinder Singh — 2023-12-20

The concept of human rights has long been an integral part of global discourse, championed as a fundamental pillar of social justice and equity. In recent decades, the intersection of human rights, global health, and sustainable development has emerged as a critical area of concern and opportunity. This research paper delves into the dynamic intersection of human rights, global health, and sustainable development, with a particular focus on Sustainable Development Goal 3 (SDG 3) - Good Health and Well-Being. In the context of our rapidly changing world, by applying a multidisciplinary research method, this paper explores the evolving landscape of human rights preservation and the challenges posed by emerging global governance issues. By examining the role of law in promoting and safeguarding human rights within the framework of SDG 3, it offers a comprehensive analysis of the evolving global governance challenge in the quest for a healthier and more sustainable world.

Protecting the Environment with Human Rights: Mechanism Rooted in Anthropocentric Approach

Umma Habiba — 2023-12-20

Anthropocentric and eco-centric are the two existing philosophical views on protecting the environment. The latter emphasises environmental protection for its intrinsic value, while the former is human-centred. This paper explores the relationship between promoting human rights and protecting the environment by arguing that the anthropocentric approach, which places humanity at its centre and is grounded in utilitarianism theory, can be a valuable tool in bridging these two areas. According to utilitarianism, achieving all fundamental human rights will contribute to raising environmental standards. Hitherto, the anthropocentric approach has been regarded to be only advantageous to humans, but in reality, it has a positive which mutually reinforces the effect on both the environment and humans. Humans will naturally turn their attention to environmental protection after they obtain all rights to meet a standard life. In the pursuit of environmental justice, humans will endeavour to improve their surroundings sustainably while upholding their fundamental rights. Through this relationship, a rights-based approach and environmental protection mechanisms are established, allowing individuals to seek redress for any kind of environmental harm as a distinct category of human rights. In conclusion, by establishing a distinct environmental-human right and tying it to human rights, environmental protection can be realised more practically.

The Impact of Marine Plastic Pollution in Asia-Pacific on Small-Scale Fisher’s Rights

Ida Bagus Ayodya Maheswara — 2023-12-20

This paper examines the impact of marine plastic pollution on small-scale fishers in Asia-Pacific countries and how the existing international law accommodates this problem. The research method used is doctrinal legal research with a statute approach and case approach using primary, secondary, and tertiary legal materials analysed with descriptive analytical techniques. The results show that Asia-Pacific is the most significant contributor to marine plastic pollution in the world as a region at the centre of the world's economic growth. The fisheries industry is one of the economic sectors that is the mainstay of countries in the Asia-Pacific, such as Indonesia, Australia, and China, because it contributes to a high Gross Domestic Product and becomes a job for small-scale fishers. However, marine plastic pollution is a problem because it contaminates fish, impacting fishermen's productivity. This has eliminated the rights of fishermen, especially the small-scale fisher, to obtain decent work and the right to an adequate standard of living. Meanwhile, the existing international law has yet to accommodate the plastic waste problem in the Asia-Pacific Ocean explicitly, so there is legal uncertainty that regulates this problem. This research concluded that the issue of marine plastic pollution in the Asia-Pacific must be handled seriously by formulating an agreement between countries in the region that contains more technical and specific arrangements to maintain the rights of small-scale fishers in obtaining decent work and adequate living standards.

Navigating Smog: Legislation Addressing Children’s Right to Health in India and Pakistan

Muhammad Imran Ali — 2023-12-20

The negative consequences of air pollution on children’s health have reached a crisis in some South Asian countries, such as India and Pakistan, particularly in the sister cities of Delhi and Lahore. Urban air pollution poses unique dangers to the health of children. Children are particularly susceptible to the health impacts of smog since their organs and immune systems are still developing. Smog has been related to a variety of chronic health issues, including retarded lung development and cognitive impairment. The Convention on the Rights of the Child (CRC) emphasises that all children have the right to grow up in a secure and healthy setting. Governments are obligated to provide children with health care and a safe environment under the CRC. The health of children in heavily populated and industrialised cities like Delhi and Lahore needs legal safeguards. A nuanced picture emerges of the effectiveness of laws protecting children's health during smog in Delhi and Lahore. In Delhi and Lahore, there is a dire need for comprehensive laws to safeguard children's health during smog. Comprehensive legislation is essential to mandate pollution control measures, improve air quality, and ensure a healthier future for the region's children. There are several issues caused by smog, and this article advocates for reforms to the laws in Delhi and Lahore that aim to solve these issues.