The Asean Intergovernmental Commission On Human Rights
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The ASEAN Intergovernmental Commission on Human Rights by Hsien-Li Tan Pdf
This assessment of progress in Southeast Asia on human rights begins in the wake of the 'Asian values' debate and culminates in the formal regional institutionalisation of the ASEAN Intergovernmental Commission on Human Rights (AICHR). Chapters examine the arduous negotiation of AICHR, the evolving relationship between ASEAN states' and the international human rights system, and the historical and experiential reasons for hesitancy. The text concludes with a discussion of how the evolving right to development impacts upon AICHR and international human rights in general, and how their preference for economic, social and development rights could help ASEAN states shape the debate.
National Human Rights Institutions in Southeast Asia by James Gomez,Robin Ramcharan Pdf
This book reviews Southeast Asia’s National Human Rights Institutions (NHRIs) as part of an emerging assessment of a nascent regional human rights architecture that is facing significant challenges in protecting human rights. The book asks, can NHRIs overcome its weaknesses and provide protection, including remedies, to victims of human rights abuses? Assessing NHRIs’ capacity to do so is vital as the future of human rights protection lies at the national level, and other parts of the architecture—the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the international mechanism of the Universal Periodic Review (UPR)—though helpful, also have their limitations. The critical question the book addresses is whether NHRIs individually or collaboratively provide protection of fundamental human rights. The body of work offered in this book showcases the progress of the NHRIs in Southeast Asia where they also act as a barometer for the fluid political climate of their respective countries. Specifically, the book examines the NHRIs’ capacity to provide protection, notably through the pursuit of quasi-judicial functions, and concludes that this function has either been eroded due to political developments post-establishment or has not been included in the first place. The book’s findings point to the need for NHRIs to increase their effectiveness in the protection of human rights and invites readers and stakeholders to find ways of addressing this gap.
A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia by Hao Duy Phan Pdf
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.
Human Rights And Asean: Indonesian And International Perspectives by Kevin Yl Tan,David Cohen,Aviva Nabahan Pdf
Human Rights in ASEAN: Indonesian and International Perspectives is a collection of 13 essays that not only offers fresh new insights on the different facets of human rights and their protection in ASEAN, but also 'insider' accounts of the development of the ASEAN Inter-Governmental Commission for Human Rights. These valuable perspectives have never been shared publicly, and offer a view from both the state and non-governmental organisations' (NGO) perspectives. In addition to these valuable perspectives, this book offers a number of significant case studies of how human rights has been implemented, and the challenges it faces in ASEAN in general, and in Indonesia particularly.
Human Rights and Participatory Politics in Southeast Asia by Catherine Renshaw Pdf
In Human Rights and Participatory Politics in Southeast Asia, Catherine Renshaw recounts an extraordinary period of human rights institution-building in Southeast Asia. She begins her account in 2007, when the ten members of the Association of Southeast Asian Nations (ASEAN) signed the ASEAN charter, committing members for the first time to principles of human rights, democracy, and the rule of law. In 2009, the ASEAN Intergovernmental Commission on Human Rights was established with a mandate to uphold internationally recognized human rights standards. In 2013, the ASEAN Human Rights Declaration was adopted as a framework for human rights cooperation in the region and a mechanisim for ASEAN community building. Renshaw explains why these developments emerged when they did and assesses the impact of these institutions in the first decade of their existence. In her examination of ASEAN, Renshaw asks how human rights can be implemented in and between states that are politically diverse—Vietnam and Laos are Communist; Brunei Darussalam is an Islamic sultanate; Myanmar is in transition from a military dictatorship; the Philippines and Indonesia are established multiparty democracies; while the remaining members are less easily defined. Renshaw cautions that ASEAN is limited in its ability to shape the practices of its members because it lacks a preponderance of democratic states. However, she concludes that, in the absence of a global legalized human rights order, the most significant practical advancements in the promotion of human rights have emerged from regional institutions such as the ASEAN.
In Unity in Connectivity? Evolving Human Rights Mechanisms in the ASEAN Region, Vitit Muntarbhorn discusses developments concerning the growth of human rights institutions and processes in the regional space known as the Association of Southeast Asian Nations (ASEAN). Several countries have now set up national human rights commissions. At the regional level, the ASEAN Intergovernmental Commission on Human Rights was established recently. This is complemented by a sectoral body dealing with women’s and children’s rights, and another body dealing with migrant workers. Vitit Muntarbhorn analyses these developments from the angle of key challenges facing the region, the need for more checks and balances, and prospects for more effective protection of human rights. This publication has been facilitated by the Ateneo Human Rights Centre of Ateneo de Manila University, the Philippines.
Non-Traditional Security in Asia by Mely Caballero-Anthony,Alistair D.B. Cook Pdf
Non-Traditional Security in Asia examines the critical security challenges faced by states and societies in Asia including health, food, water, natural disasters, internal conflict, forced migration, energy, transnational crime, and cyber security. Through the development of a comprehensive analytical framework that establishes the key ingredients to policy evaluation, the editors draw on a wide variety of experts to collaborate in investigating these crucial issues. This inclusive framework ensures that all voices are heard including those oftentimes under-represented and marginalized in society to ensure that academic and policy debates are well informed about the often complex and nuanced nature of these non-traditional security challenges. Through an investigation into these specific non-traditional security threats, Non-Traditional Security in Asia documents and evaluates many of the most pressing challenges faced by Asia today. The authors analyse the ways in which particular issues are addressed by the many stakeholders involved in the policy-making process, both within governments and across societies. The question of how these challenges are addressed across and between the different levels of global governance highlights the strengths and weakness that are directly attributable to policy successes and failures. It is through this layered and comprehensive approach, together with an evaluation of the role of stakeholders, which binds together the chapter contributions to this collection. The book undertakes an issue-specific chapter study of how Asian states and societies address these non-traditional security concerns from environmental adaptation and mitigation measures to conflict resolution. For each issue area, it identifies and explains the concerns of various policy communities, identifying the motivations behind some of the key decisions made to affect change or stabilize the status quo. Essentially it questions not only what a security issue is but also for whom the issue is important and the interaction this has with policy outcomes. With a focus on regional and global institutions as well as national and local ones, this collection illustrates the variety of stakeholders involved in non-traditional security concerns, and reflects on their relative importance in the decision-making process. Through a systematic evaluation of these non-traditional security issues by employing a comprehensive analytical framework, critical appreciation of the dynamics of the policy-making process surrounding issues of crucial national, regional and international significance in Asia are made. As a result of sharing these insights, the contributors provide the tools as well as a selection of issue-specific stakeholders to illuminate the key but complex characteristics of non-traditional security in Asia.
Human Rights and their Limits by Wiktor Osiatyński Pdf
Human Rights and their Limits shows that the concept of human rights has developed in waves: each call for rights served the purpose of social groups that tried to stop further proliferation of rights once their own goals were reached. While defending the universality of human rights as norms of behavior, Osiatyński admits that the philosophy on human rights does not need to be universal. Instead he suggests that the enjoyment of social rights should be contingent upon the recipient's contribution to society. He calls for a 'soft universalism' that will not impose rights on others but will share the experience of freedom and help the victims of violations. Although a state of unlimited democracy threatens rights, the excess of rights can limit resources indispensable for democracy. This book argues that, although rights are a prerequisite of freedom, they should be balanced with other values that are indispensable for social harmony and personal happiness.
Marginalisation and Human Rights in Southeast Asia by Al Khanif,Khoo Ying Hooi Pdf
This book analyses marginalisation and human rights in Southeast Asia and offers diverse approaches in understanding the nuances of marginalisation and human rights in the region. Throughout the region, a whole range of similarities and differences can be observed relating to the Southeast Asian experience of human rights violation, with each country maintaining particular aspects reflecting the variability of the use and abuse of political power. This book explores the distinct links between marginalisation and human rights for groups exposed to discrimination. It focuses on ethnic minorities, children, indigenous peoples, migrant workers, refugees, academics, and people with disabilities. This book highlights the disparities in attainment and opportunity of marginalised and minority groups in Southeast Asia to their rights. It examines how marginalisation is experienced, with case studies ranging from a regional approach to country context. Paying attention to how broader socio-economic and political structures affect different people’s access to, or denial of, their fundamental human rights and freedoms, the book argues that tackling human rights abuses remains a major hurdle for the countries in Southeast Asia. Providing a broader conceptual framework on marginalisation and human rights in Southeast Asia and a new assessment of these issues, this book will be of interest to readers in the fields of Asian Law, Human Rights in Asia, and Southeast Asian Studies, in particular Southeast Asian Politics.
