scholarly journals Constructing an Inadequate Human Rights Regime: Indonesia and the Deliberate Weakening of the ASEAN Intergovernmental Commission on Human Rights Authority

2020 ◽  
Author(s):  
Darwis
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Stability Theory ◽  
Political Will ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Regime ◽  
Human Rights Norms ◽  
Hegemonic Stability

The establishment of the ASEAN Intergovernmental Commission on Human Rights in 2019 provided hopes for the advancement of human rights in Southeast Asia. As a region that puts forward the notions of consensus and non-sovereignty, concluding regional human rights norms is seen as a first step in solidifying human rights protection in the region. Unfortunately, since its establishment, the commission has failed to fulfill the expectations to implement protection-based regional norms in Southeast Asia, measured by their failure to effectively respond to systemic human rights abuses in the region. This article employs the Neoliberal Institutionalist’s view of Hegemonic Stability Theory (specifically to Robert Keohane) in analyzing how regional hegemons such as Indonesia, have deliberately directed the establishment of a weak human rights regime, in the form of the ASEAN Intergovernmental Commission on Human Rights, which is proven by; (1) The Commission’s deficiencies in human rights protection, and (2) Indonesia’s lack of political will in solidifying human rights regimes in Southeast Asia.

scholarly journals Constructing an Inadequate Human Rights Regime: Indonesia and the Deliberate Weakening of the ASEAN Intergovernmental Commission on Human Rights Authority

2020 ◽  
Author(s):  
Darwis
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Stability Theory ◽  
Political Will ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Regime ◽  
Human Rights Norms ◽  
Hegemonic Stability

The establishment of the ASEAN Intergovernmental Commission on Human Rights in 2019 provided hopes for the advancement of human rights in Southeast Asia. As a region that puts forward the notions of consensus and non-sovereignty, concluding regional human rights norms is seen as a first step in solidifying human rights protection in the region. Unfortunately, since its establishment, the commission has failed to fulfill the expectations to implement protection-based regional norms in Southeast Asia, measured by their failure to effectively respond to systemic human rights abuses in the region. This article employs the Neoliberal Institutionalist’s view of Hegemonic Stability Theory (specifically to Robert Keohane) in analyzing how regional hegemons such as Indonesia, have deliberately directed the establishment of a weak human rights regime, in the form of the ASEAN Intergovernmental Commission on Human Rights, which is proven by; (1) The Commission’s deficiencies in human rights protection, and (2) Indonesia’s lack of political will in solidifying human rights regimes in Southeast Asia.

scholarly journals Evaluating Competing “Democratic” Discourses: The Impact on Human Rights Protection in Southeast Asia

2014 ◽  
Vol 33 (3) ◽  
pp. 49-77 ◽  
Author(s):  
James Gomez ◽  
Robin Ramcharan
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
International Standards ◽  
Cultural Dimension ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Complex Interactions ◽  
Human Rights Regime ◽  
Global And Local ◽  
The Impact

This paper evaluates the impact of competing “democratic” discourses on human rights protection in Southeast Asia. The authors identify three key discourses emanating from a set of national governmental policies, advocacy positions promoted by both global and local civil society and international standards and procedures adopted by members of inter-governmental organisations. These discourses, the authors argue, are collectively shaping the emerging ASEAN inter-governmental human rights regime. The political impact of these competing “democratic” discourses and their complex interactions bring a cultural dimension to regional human rights. The authors argue that observers seeking to understand the emergence of norms, the establishment of institutions and their capacity to collectively protect regional human rights, need to understand these competing discourses.

scholarly journals Human Rights between the Local and Global

2017 ◽  
Vol 18 (1) ◽  
pp. 78-107
Author(s):  
Andrew Wolman
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Core ◽  
Human Rights Regime ◽  
The World ◽  
Human Rights Norms ◽  
Institutional Relationships

Over the last two decades, municipal human rights institutions have proliferated around the world. One of the newest examples of such initiatives is the Seoul Human Rights Ombudsperson Office, which was established in January 2013 as one of the core institutions of human rights protection in Seoul, Korea. This article will present a case study of the operations of the Seoul Human Rights Ombudsperson Office based on interviews and documentary research. It will focus on the question of how this newly established institution fits into the existing human rights regime, and in particular address three distinct issues, namely the degree to which the Seoul Human Rights Ombudsperson Office reflects local versus national or international influences, the types of institutional relationships it has with other human rights actors, and the degree to which it implements local versus national or international human rights norms.

What’s in a Name?

2015 ◽  
Vol 4 (1) ◽  
pp. 1-32
Author(s):  
Marika McAdam
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Migrant Smuggling

This article explores the challenges involved in differentiating between human trafficking and migrant smuggling, and their implications for human rights protection. Exploitation is dismissed as a hallmark of trafficking, with reference to situations of trafficking that occur without exploitation, and migrant smuggling that involves exploitation. The consent of smuggled migrants is similarly rejected as a signifier of smuggling, given the irrelevance of consent in human trafficking. Discussion of stigmatisation of migrants willing to migrant irregularly, and the simplification of their plight, leads to consideration of rights-based distinctions between the two phenomena. Assumptions made about the types of abuses that occur in trafficking and smuggling scenarios are explained as detracting from human rights protections of rights-holders. Ultimately, it is asserted that the labels of ‘trafficked’ and ‘smuggled’ should not be determined on the basis of human rights abuses, but should be confronted irrespective of which label has been allocated.

scholarly journals Chinese Foreign Direct Investment and Human Rights in Kenya: A Mutually-Affirming Relationship?

2021 ◽  
Vol 2 (1) ◽  
pp. 133-154
Author(s):  
Rosemary Mwanza
Keyword(s):  
Human Rights ◽  
Foreign Direct Investment ◽  
Direct Investment ◽  
International Investment ◽  
Reciprocal Relationship ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Investment Arbitration ◽  
Human Rights Norms ◽  
Chinese Foreign Direct Investment

Does the increase in Chinese foreign direct investment (FDI) inflows into Kenya portend doom for human rights in the country? The prominent narrative has been that FDI undermines human rights in host states, especially those in the developing world. This narrative is countered by claims that there exists a mutually affirming relationship between FDI and human rights. Proponents of this view posit that FDI facilitates the diffusion of human rights norms and correlates with the improved rule of law in host states. They also point to emerging human rights jurisprudence in international investment arbitration as evidence of a reciprocal relationship between FDI and human rights. In light of these arguments, this paper analyses the extent to which such a reciprocal relationship bears out between Chinese FDI and human rights in Kenya. It will be demonstrated that given the lack of a framework for human rights accountability for corporations at the international level, the restrictive treatment of human rights in international investment arbitration tribunals and weak institutional capacity in host states, a positive overlap between FDI and human rights is hardly a panacea for human rights protection in Kenya. Therefore, a synergy of legal measures and non-legal measures provide a pragmatic approach to insulate human rights from violations that may be associated with Chinese FDIs.

Triage

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
Legal Reform ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Effective Implementation ◽  
The Core ◽  
International Human ◽  
Core Idea ◽  
Human Rights Norms

This chapter advocates a process called “triage” for resource allocation that requires investing more heavily in areas where the evidence indicates that human rights promotion is most likely to work. It argues that the universality of human rights norms, which are the bedrock of the international human rights legal system and the core idea of the Universal Declaration of Human Rights, is not a tenable guide for the most effective implementation of human rights norms. It explains why human rights is a matter of national interest and how assessments of leverage impact human rights. It shows how triage can help stewards in the area of international legal reform and concludes by outlining steps that could transform the process through which government stewards work to protect human rights and increase the returns on international promotion efforts for human rights protection.

scholarly journals National Wisdoms and the ASEAN Human Rights Legal Regime

2017 ◽  
Vol 1 (1) ◽  
pp. 46
Author(s):  
Heribertus Jaka Triyana
Keyword(s):  
Human Rights ◽  
Disaster Management ◽  
Disaster Response ◽  
East Asian ◽  
Asian Countries ◽  
Legal Regime ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Norms ◽  
Human Rights Based Approach

Recently, the discourse on the relation between local wisdom and human rights shows its relevance. This article describes and critically examines the human rights norms and procedures with regards to common local wisdoms to remedy and redress human rights problems in South East Asian countries. It takes an example of redressing problem in rights to development and also focuses on the application of the ASEAN agreement on Disaster Management Response to contextualize role and influence of local wisdoms to manage and to mitigate disaster response within the ASEAN human rights protection. This writing also highlights that human rights based approach is needed in the implementation of the ASEAN human rights norms and mechanisms in accordance to local wisdoms of respective countries where disaster occurs.

Human Rights Abuses in Crimea under Russia’s Occupation

2014 ◽  
Vol 25 (3) ◽  
pp. 328-340 ◽  
Author(s):  
Yulia Gorbunova
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Local Authorities ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Law And Policy ◽  
Russian Law

Russian and local authorities have severely curtailed human rights protection in Crimea since Russia began its occupation of the peninsula in February 2014. This article describes the human rights consequences of the extension of Russian law and policy to Crimea since the occupation. Russia has violated multiple obligations which it has as an occupying power under international humanitarian law – in particular in relation to the protection of people’s rights.

Opinion 2/13 of the Court (C.J.E.U.)

2016 ◽  
Vol 55 (2) ◽  
pp. 267-306
Author(s):  
Daniel Halberstam
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Regime ◽  
Gradual Process ◽  
Drawing Board

Opinion 2/13 of the Court of Justice of the European Union (CJEU) declared the draft agreement on European Union accession to the European Convention on Human Rights (ECHR) incompatible with the Treaty on European Union. The Opinion comes toward the end of a long and gradual process of incorporating human and fundamental rights principles into the legal system of the European Community and its successor, the European Union. Opinion 2/13 sends the Commission back to the drawing board on what has long been seen as the capstone of that process—EU accession to the Strasbourg human rights regime as an external check on human rights protection within the European Union.

scholarly journals Incorporation of Human Rights in International Relations

2021 ◽  
Vol 69 (4. ksz.) ◽  
pp. 85-92
Author(s):  
Upal Aditya Oikya
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Major Change ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Human Rights Regime ◽  
Humanitarian Crises ◽  
Universal Human Rights

Human rights have been firmly enmeshed in both studies and practice of international relations. The prevailing theories of international relations describe the function of those rights in substantially dissimilar ways, and it is apparent that their key statements include compelling arguments, suggesting an inconvenient apposition of state sovereignty with ideas of universal moral order. The development of the universal human rights regime of the United Nations (UN), the growth of international non-governmental organizations (NGOs), and, eventually, human rights activists have made it possible for human rights to be more deeply incorporated into state diplomatic activities.  These trends, however, raise critical concerns about the practice of the state of human rights. Although there is some reversal of the norm, however, states continue to face humanitarian crises and show signs of human rights protection domestically and promotion internationally to varying degrees. In the same way, we are also seeing a major change in the principles and procedures of international enforcement of human rights. The goal of this paper is to address briefly certain variables relevant to the incorporation of human rights in international relations.

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