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

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 ASEAN Human Rights System: A Critical Analysis

Asian Journal of Comparative Law, 2016

This article offers a critical analysis of the human rights system established by ASEAN. It first investigates concrete evidence of the system’s ineffectiveness by comparing the cases of Myanmar and Thailand, which illustrate ASEAN’s failure to address human rights violations both before and after the creation of the ASEAN system. It then examines the substantive and procedural limitations of the ASEAN human rights instruments and mechanisms. Specifically, while restrictions on rights and freedoms contained in the instruments undermine the universality of human rights, ASEAN’s mechanisms lack independence and offer only weak protection mandates to address rights violations. In addition, the absence of a judicial body to hear complaints and issue binding remedies makes the system incomplete. The article recommends the creation of an ASEAN court of human rights and suggests changes to the existing instruments and mechanisms that might accommodate the new court.

Human rights in Southeast Asia: ASEAN’s rights regime after its first decade

Journal of Human Rights, 2021

This piece introduces a collection of essays that examine various aspects of the ASEAN human rights regime, as we recognize decadal anniversaries for its two key foundational institutions: the ASEAN Intergovernmental Commission on Human Rights (ACIHR), established in 2009, and the ASEAN Human Rights Declaration (AHRD), promulgated in 2012. This introduction considers the aspiration of the regime to promote and protect human rights and the performance of the regime in practice over the decade since its establishment, and reviews the principle themes taken up by the contributors to this special issue of the Journal of Human Rights. We resolve to consolidate our Community, building upon and deepening the integration process to realise a rules-based, people-oriented, people-centred ASEAN Community, where our peoples enjoy human rights and fundamental freedoms, higher quality of life and the benefits of community building, reinforcing our sense of togetherness and common identity, guided by the purposes and principles of the ASEAN Charter.-ASEAN Community Vision 2025 All human rights are universal, indivisible, interdependent and interrelated … (Art. 7). … The exercise of human rights and fundamental freedoms shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition for the human rights and fundamental freedoms of others, and to meet the just requirements of national security, public order, public health, public safety, public morality, as well as the general welfare of the peoples in a democratic society (Art. 8)-ASEAN Human Rights Declaration A decade ago, the Association of Southeast Asian Nations (ASEAN) made a radical pivot on human rights: from-variously-rejection, abuse, denial, and indifference, to institutional embrace and rhetorical enthusiasm. In 2009, ASEAN inaugurated the ASEAN Intergovernmental Commission on Human Rights (AICHR) (Tan 2011); shortly afterward, in 2012, the ASEAN Human Rights Declaration was promulgated (Renshaw 2013). The international human rights regime, long absent a regional counterpart in Asia, could now look to a subregional institutional framework covering the 10 ASEAN states: Indonesia,

54. The Evolving ASEAN Human Rights System: The ASEAN Human Rights Declaration of 2012

ISEAS Publishing eBooks, 2015

, heads of state of the Association of Southeast Asian Nations (hereinafter "ASEAN") met in the Cambodian capital of Phnom Penh and adopted the ASEAN Human Rights Declaration (hereinafter "the Declaration"). 1 The adoption represents an important stage in the development of the ASEAN human rights system first envisaged by ASEAN foreign ministers in 1993. During the 14 years from 1993 to 2007, the system developed slowly, but since the adoption of the ASEAN Charter in 2007, the pace has picked up significantly. An institutionally and normatively-plural system now exists and the adoption of the Declaration adds momentum to the process and offers insights into the current thinking of ASEAN leaders. As Steiner, Alston and Goodman argue, regional human rights systems have been encouraged by the United Nations since the late 1960s, especially in General Assembly Resolution 32/127 of 1977, 2 and the systems have an important role to play in the international promotion and protection of human rights in a tiered and mutually-dependent structure of national, regional and global institutions. The ASEAN human rights system is the fourth regional human rights system and the first to be established since 1981 globally; it followed the establishment of European, Inter-American and African systems from 1950, 1969 and 1981 respectively. 3 Through an exploration of the Declaration and the wider regional system of which it is now a part, this article seeks to contribute to the debate about regional human rights systems and the conditions under which they emerge and evolve in

The Evolving Nature of ASEAN's Human Rights Perspective: Vision and Practice

The Turkish Yearbook of International Relations, Vol. 54, pp. 31-52, 2023

The matter of human rights was not a priority topic in the Association of Southeast Asian Nations (ASEAN) regionalism in the 20th century. However, human rights have become an important issue of cooperation in the ASEAN regionalism in the 21st century. From this point of view, this article analyzes the motivations that guide ASEAN cooperation regarding human rights, the historical development of the cooperation process and the problems faced by cooperation in the field of human rights in practice. The article's main argument is that while ASEAN has strengthened collaboration in human rights in theory in the 21st century, it has not developed a similar behavior in practice, and there is an imbalance between the theory and practice in cooperation concerning human rights. This study shows that ASEAN's traditional method of collaboration based on consensus-based decisionmaking and non-binding institutions has caused to a decrease in the effectiveness of cooperation over human rights and means that ASEAN is unable to reply effectively to human rights violations.

The Regional Institutional Development of Human Rights in Southeast Asia

2021

The deliberation on a Southeast Asian human rights regime dates back to the 1993 World Conference on Human Rights in Vienna. From then, the emergence of an idea on regional institutional human rights development arose to address the absence of human rights mechanisms in the region. This chapter offers a critical analysis on the human rights institutional development in ASEAN. The initial focus of the chapter is on illustrating the step by step progress toward the establishment of an ASEAN human rights institution. This progress will lead to the understanding of how the demand for a human rights institution has been made by ASEAN. The arguments here are supported by the analysis of the Joint Communiqués of the ASEAN Ministerial Meetings (AMM) from 1993 to 2010 and the Workshop statements of the Working Group for an ASEAN Human Rights Mechanism (Working Group) which documents ASEAN elite's official speeches and opinions. The analysis on this point demonstrates ASEAN's attempt to build regional agents in terms of human rights. The principal-agent theory is applied to offer understanding on the logical relationship between member states (principal) and regional human rights institutions (agent). Institutional theory is applied with respect to the second point of this analysis, which is to scrutinize the creation of a human rights institution known as the ASEAN Intergovernmental Commission on Human Rights (AICHR). The functions of the AICHR are illustrated through an investigation of its mandates, work plans and statements of meetings since the year of establishment to clarify why regional human rights institutions have been vital and particularly how the S. Netipatalachoochote (*) Faculty of Law and the