From commitment to compliance: ASEAN's human rights regression?

Collins, Alan

doi:10.1080/09512748.2018.1476402

Cited by 16 publications

(13 citation statements)

References 19 publications

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“…The affiliation system, for example, is often used by member states to exercise controls over NGOs' stances, which is known as "controlled partnership" (Rüland, 2020). This is especially true regarding specific sensitive issues, such as human rights abuse (Collins, 2019). NSAs that want to get certification need to submit their reasons for applying, their activities, their memberships, their constitutions, background information, and even data of their staff (Gerard, 2013).…”

Section: Assessing the Participationmentioning

confidence: 99%

Increasing Participation of Non-State Actors in ASEAN: Problems and Options

Madu

Kuncoro

2022

INTERMESTIC

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This article aims to assess ASEAN's commitment to enhancing the role of non-state actors that has emerged since the late 1990s. There is a tendency that grassroots social movement activists do not seem to have an official forum in ASEAN. Although some non-state actors have gained access to ASEAN, this privilege is largely granted to business interest groups and elite think-tanks. This research applied qualitative method by using the concept of historical institutionalization, this paper seeks to explain the characteristics of an institution using events that occurred in the past during the process of creating and consolidating institutions. The concept is also responsive to explaining ---and, in some cases, even prescribing--- changes. The study found that the increased participation of non-state actors will increase ASEAN's legitimacy in carrying out its growing role in the region. This article contributes to offer some options that ASEAN must cultivate to improve participation of non-state actors. Keywords: ASEAN, historical institutionalism, non-state actors, participatory regionalism

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Section: Assessing the Participationmentioning

confidence: 99%

Increasing Participation of Non-State Actors in ASEAN: Problems and Options

Madu

Kuncoro

2022

INTERMESTIC

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“…Since its inauguration in 2009 (and its history as a mere ‘appropriate regional mechanism’ on paper since 1993), much of these literatures assume AICHR to be in a position of weakness. By extension, ASEAN's implementation of human rights seems woefully inadequate to the extent that many fear a ‘human rights crisis’ across Southeast Asia (Collins, 2018). This seems rather paradoxical, as Collins points out, for it is, ‘a period of time in which ASEAN has never been so interested in human rights’ (2018: 1).…”

Section: Literature Review: Constructing Asean and The Eumentioning

confidence: 99%

“…By extension, ASEAN's implementation of human rights seems woefully inadequate to the extent that many fear a ‘human rights crisis’ across Southeast Asia (Collins, 2018). This seems rather paradoxical, as Collins points out, for it is, ‘a period of time in which ASEAN has never been so interested in human rights’ (2018: 1). Yet, critics of ASEAN have argued quite reasonably that this failure has its origins in ASEAN, specifically its normative culture (namely non-intervention, respect for national sovereignty, consensus and informality) and institutional design (or lack of).…”

Section: Literature Review: Constructing Asean and The Eumentioning

confidence: 99%

“…There are concerns that ASEAN's implementation of human rights has been wanting, where AICHR remains a powerless body and the overall emphasis of ‘promotion’ at the expense of ‘protection’ ensures that both achieve little for human rights (Olivia, 2014). Across the ASEAN region, there are fears of a ‘human rights crisis’ (Collins, 2018): from the Rohingya persecution to the disappearance of human rights activists, many lament ASEAN's approach to human rights, undermined by its normative culture and norm violation (Davies, 2013), as well as AICHR's institutional design limiting its ability to act (Langlois, 2013). In response, most turn to norms and the need to abandon the fabled ‘ASEAN Way’ (Hara, 2018), paving the way for an independent Court to act (Gunawan and Elven, 2017), inspired by examples such as the EU.…”

Section: Introduction: Asean the Eu And The Puzzle Of Human Rightsmentioning

confidence: 99%

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Contesting the ‘Promotion’ and ‘Protection’ of Human Rights: A Critical Understanding of the ASEAN–EU Relationship through Representational Force

Stacey

2022

Journal of Current Southeast Asian Affairs

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How do we explain ASEAN – a non-western, traditionally ‘weak’ actor – and the degree to which it has successfully co-opted the EU into accepting its approach to human rights? This article considers the question of human rights in the ASEAN–EU relationship. It does so by reappraising the literature on constructivism and comparative regionalism, embracing the move beyond norm diffusion and Europe to norm contestation and local actors, namely ASEAN. Building on the literature of contestation, it operationalises Mattern's model of Representational Force to analyse the case study of the ASEAN–EU relationship from the 1990s to the establishment of AICHR in 2009 and beyond where we can see contestation in action. Interestingly, through the contestation over the ‘promotion’ and ‘protection’ of human rights, there is significant scope to see how it is ASEAN that has largely co-opted the EU into supporting a uniquely ‘ASEAN’ approach to human rights in Southeast Asia.

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“…This is why we can say that the AICHR is merely a consulting and advisory body of the ASEAN and not an institution that can force the ASEAN member states to stop violating Human Rights. It isn't empowered or legitimized to sue or judge any member state for, violation of Human Rights (Collins, 2019). The AICHR thus doesn't really have the means to legally enforce Human Rights over a Southeast Asian country.…”

Section: Institutional Framework: Asean Intergovernmental Commission mentioning

confidence: 99%

Coping with Human Rights Challenge: A Perspective from Asean

Ghumro¹,

Mahesar²,

Nizamani³

2020

ASIA-PACIFIC

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Since its inception, ASEAN has constantly faced criticism from western countries and international human rights organizations. This paper particularly focuses on ASEAN human rights and non-interference policy. ASEAN has established two new commissions: Intergovernmental Human Rights Commission and Protection of Women and Children. This study focuses on the current state of human rights in ASEAN and addresses the following key questions: how ASEAN deals with human rights problems? Why ASEAN response to human rights has been considered as insufficient to handle/tackle human rights problems effectively? Hence, a qualitative approach was applied to this study using secondary sources of data. This study is based on thorough literature review and critical analysis of ASEAN human rights situation, by reviewing the relevant studies on human rights challenges in ASEAN, and its strategies in tackling this challenge. This study concludes that although the problem of human rights is recognized as per national, regional and international laws, but the challenge to implement them in letter and spirit require more concrete step at regional level on behalf of ASEAN, however, Non-intervention policy is a serious challenge to collective decision making on ASEAN human rights. Therefore, ASEAN needs to setup a mechanism where the member states can find common ground to handle human rights challenge.

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From commitment to compliance: ASEAN's human rights regression?

Cited by 16 publications

References 19 publications

Increasing Participation of Non-State Actors in ASEAN: Problems and Options

Increasing Participation of Non-State Actors in ASEAN: Problems and Options

Contesting the ‘Promotion’ and ‘Protection’ of Human Rights: A Critical Understanding of the ASEAN–EU Relationship through Representational Force

Coping with Human Rights Challenge: A Perspective from Asean

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