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

Phan, Hao Duy

doi:10.1163/9789004222175

Cited by 7 publications

(7 citation statements)

References 10 publications

(97 reference statements)

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“…Thailand was one of the founding members of ASEAN, 48 and has been praised as one of the more liberal democracies among the ten member states. 49 Indeed, Thailand proposed some significant initiatives to put ASEAN forward in terms of promoting democracy and protecting human rights in the region, 50 and it was hoped that Thailand would play an important role in advocating for a better human rights system in ASEAN. 51 However, the recent military coup, starting in May 2014 and continuing into the present, has called this confidence into question.…”

Section: B Thailandmentioning

confidence: 99%

“…49 Indeed, Thailand proposed some significant initiatives to put ASEAN forward in terms of promoting democracy and protecting human rights in the region, 50 and it was hoped that Thailand would play an important role in advocating for a better human rights system in ASEAN. 51 However, the recent military coup, starting in May 2014 and continuing into the present, has called this confidence into question. Violations of the freedoms of expression and assembly have been prevalent since then: for example, fourteen satellite TV channels and radio networks have been forced off the air, and academics have been warned not to comment on the political situation.…”

Section: B Thailandmentioning

confidence: 99%

“…Therefore, no matter how strong the protection mandates of the Commission might be, the reality is that they do not render binding decisions which states are obligated to follow. 205 Only courts are given the judicial competence to provide legally binding remedies for victims of human rights violations.…”

Section: Weak Protection Mandatesmentioning

confidence: 99%

“…For example, there is the potential influence which a human rights court might have on state practices, or the buttressing of efforts to improve the handling of human rights issues among state parties. 207 But while these effects would indeed be valuable, the most pressing rationale for an ASEAN human rights court remains to provide adequate remedies for victims of human rights violations, something which cannot be accomplished by any other means.…”

Section: Weak Protection Mandatesmentioning

confidence: 99%

“…211 The only clear proposal has been presented by Phan Duy Hao. 212 Phan's proposal is valuable and comprehensive, covering both political and legal issues surrounding a court for human rights in Southeast Asia. Regarding the issue of positioning the court in Southeast Asia, Phan proposes that it should not be part of ASEAN, but rather operate within the wider context of the region.…”

Section: B Positioning the Court In The Asean Human Rights Systemmentioning

confidence: 99%

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The ASEAN Human Rights System: A Critical Analysis

Bui

2016

Asian J. Comp. Law

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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.

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Section: B Thailandmentioning

confidence: 99%

Section: B Thailandmentioning

confidence: 99%

Section: Weak Protection Mandatesmentioning

confidence: 99%

Section: Weak Protection Mandatesmentioning

confidence: 99%

Section: B Positioning the Court In The Asean Human Rights Systemmentioning

confidence: 99%

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The ASEAN Human Rights System: A Critical Analysis

Bui

2016

Asian J. Comp. Law

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The Regional Institutional Development of Human Rights in Southeast Asia

Netipatalachoochote

Ciacchi

Holzhacker

2021

Challenges of Governance

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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

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The Practice of Human Rights Norm Dynamics in ASEAN

Nandyatama

2021

Contestations in Contemporary Southeast Asia

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

Cited by 7 publications

References 10 publications

The ASEAN Human Rights System: A Critical Analysis

The ASEAN Human Rights System: A Critical Analysis

The Regional Institutional Development of Human Rights in Southeast Asia

The Practice of Human Rights Norm Dynamics in ASEAN

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