Balancing Human Rights and Customs in the Pacific Region: A Pacific Charter of Human Rights?

Abstract

This paper examines whether a regional human rights instrument could be designed for the Pacific that would reconcile human rights with Pacific customs; duties and collective practices. The paper will explore an area of Pacific custom that conflicts with women’s rights encapsulated in international human rights treaties: the traditional practices of bride payment and tribal determination of marriage partners. These examples serve to highlight the difficulties inherent in constructing a charter that balances the protection of human rights and customs. The current system of human rights protection in the Pacific will be outlined; and the prospects for success of a regional charter will be examined. Furthermore; the paper discusses the theoretical debate concerning cultural relativism and universalism in international law; and what this debate says about the viability of a Pacific Charter of Human Rights. Finally; other challenges to a charter; minority rights and codifying custom; will be highlighted. The paper concludes that an inventory of customs and human rights common to the Pacific region could form the foundations of a Pacific Charter of Human Rights; but that some difficult areas such as reconciling women’s rights with Pacific practices remain unresolved.