Can ASEAN Take Human Rights Seriously?


Book Description

Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse




The ASEAN Intergovernmental Commission on Human Rights


Book Description

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.




A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia


Book Description

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.







Access to Justice


Book Description




Politics of Human Rights in Southeast Asia


Book Description

The divide between the West and Southeast Asia seems to be nowhere more apparent than in debates about human rights. Within these diverse geographical, political and cultural climates, human rights seem to have become relative, and the quest for absolutes seems unattainable. In this new book Philip J Eldridge seeks to question this stalemate. He argues that the Association of Southeast Asian Nations' inclusion in United Nations' human rights treaties could be the common ground that bridges the gap between East and West. Eldridge uses topical case studies and primary research from Malaysia, Indonesia, East Timor and Australia, to compare the effectiveness of United Nations' human rights directives on local democracies. This study presents insightful research into a hotly debated topic. As such it will be a thought-provoking resource for students of human rights, politics and international relations.




Business and Human Rights in Southeast Asia


Book Description

Today, business and human rights has emerged as a distinct field within the broader corporate responsibility movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 has been welcomed as the leading global standard for corporations to respect human rights. The Guiding Principles are the culmination of a six year UN commissioned study by Harvard University's Professor John Ruggie, which concludes that companies should carry out human rights due diligence to identify, prevent, mitigate and account for how they address their adverse human rights impacts. The Guiding Principles reinforce the state duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles to provide an overview of developments within the ASEAN region in relation to business and human rights. Bridging theory and practice, chapter authors will discuss the implications of key case-studies undertaken across the region, with a particular focus on extractive industries, migration and infrastructure projects. Topics covered include: due diligence and the role of audits; the role CSR can play in achieving sustainable socio economic development; businesses' responsibilities to migrant workers; and the prevention of human rights abuses in states with weak levels of governance. The book aims to shed light on how ASEAN States currently understand and approach business and human rights challenges, and how the role played by ASEAN States may be strengthened and expanded. In doing so it clearly identifies the key themes, opportunities and challenges that lie ahead for the region in relation to business and human rights.




Unity in Connectivity?


Book Description

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.




Human Rights And Asean: Indonesian And International Perspectives


Book Description

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.




National Human Rights Institutions in Southeast Asia


Book Description

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.