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FORUM judicial systems, with the inclusion protect all human rights and human duties is inextricably linked to of commitments to Islam, Catholic fundamental freedoms.’ the cultural or political discourse of a Christianity, Buddhism, Confucianism, particular state. Marxist-Leninism, liberal democracy Similarly, Article 29 (1) of the UDHR and pluralism. 1948 enunciates that the individual not Article 6 of the AHRD is intended to only has rights but also ‘duties to the ofer a clear and concise relationship The ability of ASEAN through AICHR community in which alone the free and between human rights and human to produce a practicable AHRD, full development of his personality is duties of the individual. Human duties speaks volumes on the commitment possible’. of the individual play a pivotal role in of ASEAN to inculcate human rights at determining the parameters of human the forefront in spite of diversity and Article 29 (1) of the UDHR1948 is rights of the individuals. poses an excellent beginning for this perceived as a ‘pediment’ of the document. portico of a temple, as they bring under Now, it is generally stated by rights one ‘roof’ individuals, civil society, and theorists that there can be no rights While the AHRD acknowledges the the state, with all their respective rights without duties; but this is generally universal nature of human rights, it and responsibilities and addresses the regarded as stating the obvious, that also emphasises the importance of conditions that are necessary to the a right is only wishful thinking unless it national and regional particularities realisation of the rights and freedoms can be made good by the performance in determining the parameters on the as enumerated in the Declaration. of someone else’s duty. The two are practice and implementation of human thus conceived as two sides of the rights. The reference to “the community same coin. in which alone the free and full In sum, Article 7 of the AHRD is one development of the personality is This symmetry, however, is of the key elements of the AHRD that possible” is an important recognition incomplete. There is the idea of duty provides input for further discussions of the role of the community in the which recognises the interests of within ASEAN on the next steps that UDHR, which is often considered as another, or others, as coming before will be taken while ASEAN maps its the epitome of individualism. In the one’s own. It is this duty that governs own distinctive human rights course. words of Article 29 (1) of the same the parameters of human rights of a declaration, the community is not person claiming to exercise rights. The fact the AHRD impresses upon the merely important, it is considered For example, in enjoying one’s right to need to factor in cultural diversity does essential. The link between individual assembly, the participant has a duty to not make the AHRD cultural relativist duties and the valorisation of the exercise this right peacefully, without in its outlook. communal dimensions of life refects endangering the lives of others and to the concerns that inspire the insistence not cause damage to public property. Duties and Responsibilities and the on duties. The third side of the same coin. AHRD Since Article 29 (1) of the UDHR issilent In the AHRD, human rights acquires on the meaning of ‘community’ in the meaning within the cultural context context of ‘[e]veryone has duties to of duties and responsibilities of the the community in which alone the free individual in which other individuals, and full development of his personality the community and the society, play a is possible’, a community may be pivotal role. based on religious afliation, cultural afnity, demography, the state, the Article 6 of the AHRD provides: international community or mankind and accordingly, the development of ‘The enjoyment of human rights the human personality may not be and fundamental freedoms must applied in one specifc manner for all be balanced with the performance communities. of corresponding duties as every person has responsibilities to all It bodes well to remember, the other individuals, the community formulation of specifc human duties and the society where one remains an issue of domestic law and lives. It is ultimately the primary catalogues of human duties difer responsibility of all ASEAN from one state to another, refecting Member States to promote and state policies. The acceptance of 8 bulletin@idfr.gov.my DIPLOMATIC VOICE 9