The ASEAN Human Rights System: A Critical Analysis

Abstract

AbstractThis 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.