Will the ASEAN Intergovernmental Commission of Human Rights (AICHR) Grow Its Teeth? (original) (raw)

The Concerns and Sustainability of ASEAN Intergovernmental Commission on Human Rights (AICHR)

Sustainable Future for Human Security, 2017

This chapter attempts to examine the extent of importance that ASEAN gives to human rights issues. In particular, it examines the extent to which the ASEAN human rights body named ASEAN Intergovernmental Commission on Human Rights Commission (hereafter AICHR) can sustain human rights promotion and protection. As many people have predicted, the functions of the body are slow moving. This is particularly because of the nature of ASEAN cooperation efforts itself, which places strong emphasis on the principles of non-intervention and sovereignty of its members. These principles have prevented them from enacting policies and making statements to protect human rights of members that may be seen as interfering in the domestic problems of another ASEAN member.

The new ASEAN Intergovernmental Commission on Human Rights: toothless tiger or tentative first step?

2009

In late 2008 the Association of Southeast Asian Nations (ASEAN) committed to creating a human rights body, which emerged as the Intergovernmental Commission on Human Rights (ICHR), the terms of reference (TOR) for which have since been adopted. Although the TOR for the commission currently outlines a primarily advisory rather than an enforcement role, the very existence of the ICHR has the potential to act as a trigger to further discussion on human rights issues in member states and open avenues for further action. To take maximum advantage of this opportunity to further the human rights agenda in ASEAN member states, it is essential that critical early decisions are made carefully so as to leave the most latitude for future action. While some observers are concerned that the ICHR lacks teeth, the fact that all ten ASEAN governments have agreed to implement a human rights commission is remarkable and is an essential first step toward ASEAN's stated goal of respecting and protecting human rights. The East-West Center promotes better relations and understanding among the people

From 1993 To 2023: 30 Years Of Human Rights Process In The Association Of Southeast Asian Nations (ASEAN

Migration Letters, 2024

ASEAN first incorporated the human rights into official regional discourse in 1993. It was only in 2007 with the ASEAN Charter did ASEAN determine that a regional human rights body would be established in the last region of the world where a regional mechanism was not present. With the establishment of the ASEAN Intergovernmental Commission on Human Rights in 2009, ASEAN official became a 'normal' regional organization by incorporating a human rights mechanism into its regional integration project. This article will trace the contours of human rights institutionalism in ASEAN and pinpoint the major conjuncture points and reasons for progress. This will provide insights into the nature of ASEAN regionalism, identify primary trigger factors for integrative projects and point and analytical arrow towards the possible evolution of AICHR in being a human rights mechanism which engages in protection activities or not.

The effectiveness of ASEAN human rights regime

This paper analyses the effectiveness of ASEAN human rights regime. When the organization was first established in 1967, human rights was never part of the discussion among ASEAN’s founding fathers. ASEAN was originally built to reduce the political tension among its members through economic and social cooperation. It was not until 1990s, when ASEAN member countries experienced domestic as well as international pressures to pay attention to human rights issues that ASEAN began to address human rights seriously. With the establishment of ASEAN Intergovernmental Commission on Human Rights in 2009, and the adoption of ASEAN Human Rights Declaration in 2012, ASEAN has achieved a milestone in setting up its own human rights mechanisms. This paper will apply theory on regime effectiveness in evaluating ASEAN human rights regime. Several exogenous and endogenous factors will be assessed, such as: the design features of AICHR and the ability of AICHR in arranging or initiating programs for its members. The research shows that the effectiveness of ASEAN human rights mechanisms is being constrained by several factors, including the poorly constructed design features and the lack of capacity to comply with human rights norms.

Human Rights the "ASEAN Way": Exploring the Possibilities for a Regional ADR and Adjudicative Body in Southeast Asia

Loyola of Los Angeles law review, 2018

I. INTRODUCTION With regards to international human rights law, academics have described Asia as a "black hole," 1 or "the last frontier" 2 in regional human rights cooperation, and perhaps with good reason. Whereas Europe, Africa, and the Americas have had regional legal systems for human rights enforcement for years, Asia has yet to establish a concrete and legally binding regional mechanism to redress human rights violations. This may, however, be poised to change. Within the last decade, the Association of Southeast Asian 3 Nations ("ASEAN" or "Association") has increasingly made human rights a priority in their regional operations. The Association created a human rights

POLICY BRIEF: Building A More 'People-Oriented' Human Rights Institution in ASEAN

This Policy Brief sets up some recommendations for the revitalisation of ASEAN Intergovernmental Commission on Human Rights (AICHR). Adapted from a research by ASEAN Studies Centre, Universitas Gadjah Mada, this Brief has addressed three problems in AICHR, such as (1) Lack of authority from secretariat; (2) 'controversial' Human Rights declaration, and (3) limited space for stakeholder's participation. This Brief calls for an institutional reform within the Commission to improve Human Rights institutionalisation in ASEAN.