Regionalizing Global Human Rights Norms in Southeast Asia

Regionalizing Global Human Rights Norms in Southeast Asia
Author: Dwi Ardhanariswari Sundrijo
Publisher: Springer Nature
Total Pages: 234
Release: 2020-10-10
Genre: Political Science
ISBN: 3030547981

This book explains how the ASEAN regional human rights body (AICHR) was created and why it functioned with a promotional rather than protection mandate. It does this by positioning itself within a sizable literature on norm diffusion, and introduces the concept of “Norm Interpreters” to explain what happens when global human rights norms are adopted/adapted within a local context, particularly highlighting the role of a group of individuals in the process. In this respect it adds to the International Relations literature on norm diffusion and the Southeast Asian region specific literature on ASEAN regionalism and AICHR.

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

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
Author: Hao Duy Phan
Publisher: Martinus Nijhoff Publishers
Total Pages: 289
Release: 2012-02-03
Genre: Social Science
ISBN: 9004222162

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.

Business and Human Rights in Southeast Asia

Business and Human Rights in Southeast Asia
Author: Mahdev Mohan
Publisher: Routledge
Total Pages: 315
Release: 2014-09-25
Genre: Law
ISBN: 1317964314

Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s 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 and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.

The Palgrave Handbook of Political Norms in Southeast Asia

The Palgrave Handbook of Political Norms in Southeast Asia
Author: Gabriel Facal
Publisher: Springer Nature
Total Pages: 635
Release: 2024
Genre: Southeast Asia
ISBN: 9819996554

“The Palgrave Handbook of Political Norms in Southeast Asia offers a fresh and insightful analysis of the dynamics of political change ongoing in the region. The collection brings together a set of highly expert authors from inside and outside the region, who offer a deep understanding of the region’s history and politics, providing a stimulating and colourful take on the region’s contemporary political movements. The Handbook will be invaluable to both longstanding observers of the region and to newcomers seeking to understand both the diversity and complexity of Southeast Asian politics, and its regional distinctiveness.” —Professor Caroline Hughes, University of Notre Dame, U.S.A “A sophisticated and compelling argument about how to conceive and explain political norms and dynamics. Insights from various social sciences expose complex power relationships involving competing interests promoting norms within, across, and in articulation with, Southeast Asia. Conflicts and contradictions are thus brought out of shadows and into light, posing a formidable theoretical challenge to influential orthodoxies. An outstanding collection.” —Emeritus Professor Garry Rodan, Murdoch University, Australia This open access handbook aims to constitute a reference point on political norm dynamics in Southeast Asia, by bringing together the array of normative repertoires that frame the possibilities for citizens to participate in, set agendas for, make decisions in, and contest, not only electoral and institutional politics but also informal and imaginary political spaces. It sheds light on intersecting political and social transformations and their consequences from the vantage point of political norms. While chapters lay out and analyse how political norms across Southeast Asia have been shaped in successive historical phases, the core of the handbook addresses current dynamics involved in defining and transforming political norms. Gabriel Facal is Deputy Director of the Research Institute on Contemporary Southeast Asia (IRASEC), Bangkok, Thailand. Elsa Lafaye de Micheaux is Professor in Political Economy at the Institut National des Langues et Civilisations Orientales (INALCO), Paris, France. Astrid Norén-Nilsson is a Senior Lecturer in the Study of Contemporary Southeast Asia at the Centre for East and South-East Asian Studies, Lund University, Sweden.

National Human Rights Institutions in Southeast Asia

National Human Rights Institutions in Southeast Asia
Author: James Gomez
Publisher: Springer Nature
Total Pages: 312
Release: 2020-01-03
Genre: Political Science
ISBN: 9811510741

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.

Democracy, Rights and Rhetoric in Southeast Asia

Democracy, Rights and Rhetoric in Southeast Asia
Author: Avery Poole
Publisher: Springer
Total Pages: 83
Release: 2019-04-23
Genre: Political Science
ISBN: 3030155226

Southeast Asia is a vast, populous and diverse region. The Association of Southeast Asian Nations (ASEAN) promotes democracy and human rights as central to regional order and cooperation, but most members are not democratic and have poor or questionable human rights records. This book explores why Southeast Asian countries have collectively adopted the rhetoric of democracy and human rights, and argues that they are motivated by their concerns about external regional legitimacy. It analyses ASEAN’s references to democracy and the reality of backsliding in several countries; examines the adoption of human rights rhetoric; and considers the implications for how we understand regional cooperation. The book is relevant for students and analysts who are interested in regionalism in Southeast Asia and elsewhere – particularly given growing global concerns about liberal democracy and the gaps between rhetoric and political realities.

Marginalisation and Human Rights in Southeast Asia

Marginalisation and Human Rights in Southeast Asia
Author: Al Khanif
Publisher: Taylor & Francis
Total Pages: 230
Release: 2022-12-28
Genre: Social Science
ISBN: 100081047X

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.

Regionalism and Human Protection

Regionalism and Human Protection
Author: Charles T. Hunt
Publisher: BRILL
Total Pages: 326
Release: 2018-11-26
Genre: Law
ISBN: 9004363211

This book provides a detailed examination of how norms concerning human rights, civilian protection and prevention of mass atrocities have fared in the regions of Southeast Asia and Africa. Originated as a spin off of the journal GR2P (vol. 8/2-3, 2016), it has been enriched with new chapters and revised contents, which contrast the different experiences of those regions and investigates the expression of human protection norms in regional organisations and thematic policy agendas as well as the role of civil society mechanisms/processes. Hunt and Morada have brought together scholar-practitioners from across the world.The collection identifies a range of insights that provide rich opportunities for south-south exchange and mutual learning when it comes to promoting and building capacity for human protection at the regional level.

Norms in Conflict

Norms in Conflict
Author: Anchalee Rüland
Publisher: University Press of Kentucky
Total Pages: 253
Release: 2022-06-14
Genre: Political Science
ISBN: 0813183731

The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states—Indonesia, Thailand, and Malaysia—responded to the violations in very different ways. In each case, their responses to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse.