Re: Indonesia requests to USA, WHO and Big Pharma
Re: Indonesia requests to USA, WHO and Big Pharma
Pembadanan Rationality in H5N1
RABU, 30 APRIL 2008 | 01:49 WIB
The Indonesian government attitude that refused to send the sample of bird flu (H5N1) before getting the assurance would the Indonesian rights that were formulated in material Transfer Agreement or MTA triggered the cynical response from the international community.
United States Health Minister stated, this Indonesian attitude endangered the safety of the world (Kompas, 16/4/2008).
Apparently clear that the utilisation of the sample of the bird flu virus the draught with the interests.
In this case, Indonesia felt Indonesia had the interests to get access and the distribution from each result of the utilisation of this bird flu virus.
On the other hand, the USA had the interests, good the health, economics, or defence and security, to be able to control this sample.
The tension above showed, the two sides defined and mengatualisasikan his position was based on their respective interests.
In order to prevents the occurrence of the conflict and the collision of the increasingly sharp interests, we necessary merevaluasi our reason postponed the sending of this sample.
In the context of the law, the Indonesian Government actually affirmed human rationality, or the living rights, that in his constitutional base.
This clear terekspresi in the country's commitment to protect the interests of the public and his fundamental rights, like the right of each resident to get the health (UUD 1945, the Article 28 (H.1).
Moreover, these provisions had keberterimaan that was wide, because through the interpretation of the law, the Article 28 UUD 1945 was actually parallel to the provisions that were sealed in Universal Declaration of Human Rights (UDHR) the Article 27 and International Convention ounce Economic Social and Cultural Rights (ICESCR) the Article 15 (1).
The two international legal documents obliged the country of the hands marker to give the fulfilment guarantee of the fundamental rights his resident, including the right to the health.
In this case, the fulfilment of the right to this health to have the very wide meaning.
He included the obligation of all the countries to honour, protected, and filled the fundamental rights the people.
So, the country had an obligation to take some sort actions in order to facilitates and guarantees his community in order to be able to access and fill his right to the health.
In detail, this action could take the form of the formulation or the implementation of the policy of the public, pengadministrasian the country, including the production of the agreement or the contract with the other side in order to protect the fundamental rights his resident.
Nevertheless, the country's action was not valid for some sort legal actions that canned or had the potential to keep away the community in filling his fundamental rights.
Departing from the argument above, in order to gets the support that was wide from the international community and prevents the sharpening of the conflict on the utilisation of the sample H5N1 that, the Indonesian Government must stress said that be based on the national and international constitution above, we were tied by the obligation to protect and spread aksesabilitas the community on the health.
Therefore, for the sake of the law, the government was also tied to invest in the obligation that was same to honour and help us in bringing about this fundamental obligation.
As his consequences, the government could oblige all the sides in a fair manner to give the contribution for the rescue sustainabilitas the life together.
For example, all the samples that were sent by the government must be open as well as could be accessed by all the sides for the interests of science and technology research and development for the aim of humanity.
Moreover, all the sides (especially WHO and MNC the pharmacy) had an obligation to help Indonesia and affected countries the impact of bird flu to transfer his technology so as Indonesia could develop and produce this vaccine autonomously in order to protect all of his people from the threat pandemik bird flu.
This commitment must be controlled and carried out by all the countries, especially WHO, and when must be formed by the international moratorium that carried out the supervision of the utilisation of this sample was based on the human reason (humanistic rationalisation).
Our failure interpreted and expressed the spirit and the human substance in UUD 1945 that was parallel to UDHR and this ICESCR will only make us be trapped in the X language the demanding and pengaktualisasian the X right that was very serious caused the collision or the conflict that threatened sustainabilitas the life together.
This destruction threat could be prevented if in negotiating the interests of the nation, we used the X argument pengembanan the collective X obligation to rescue and protect the fundamental rights of all the residents.
This argument will be more effective in integrating all the interests, at the same time forcing all the sides to give the contribution that was positive in the utilisation of the sample H5N1 and derivat-derivat him on the occasion of rescued sustainabilitas the life together.
Hayyan ul Haq Staf Pengajar FH-UNRAM
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http://www.kompas.com/index.php/read/xml/2008/04/30/01494967/pembadanan.rasionalitas.dalam.h5n1
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