A People-Centered ASEAN without Human Rights Regime

Dio H. Tobing, Intern Staff at ASEAN Studies Center UGM

ASEAN is always at risk when there is a call to faithfully implement human rights values within Southeast Asian Region, yet at the same time the organization has entered a new phase of complexity when large-scale integration between all of the member states has taken into force under the greater umbrella of what-so-called, ASEAN Community. The willingness to direct back ASEAN into precolonial period, to make everything old, new again (Noor, 2014) are hindered by the negligence of one of three important pillars that construct the establishment of the Charter, the Political-Security. And this cannot be achieved if ASEAN is still seen as a legacy of colonialism, where the organization is emphasizing on sovereignty as the fundamental aspect of a country. Similarly goes to the uphold of human rights value by ASEAN through the creation of ASEAN Human Rights Declaration and the establishment of ASEAN Intergovernmental Commission on Human Rights (AICHR). Although the term of human rights and the approach of human security is relatively new in the organization, however, this shall not be neglected. The reason is simply because the obligation to ensure human-security falls under ASEAN Political Security Community, and this is what ASEAN has missed.

The former Secretary-General of ASEAN, argued that in accordance to the implementation of ASEAN Charter, ASEAN will be a rules-based, people-oriented and more integrated entity (Pitsuwan, 2008). Therefore ASEAN should be careful to take concern on human rights issues that present within the region by playing a significant role. If not the ASEAN Intergovernmental Commission on Human Rights (AICHR) and even ASEAN itself will be lacking on legitimacy. What ASEAN currently has within the framework at this is time is only focusing on promotion and protection, but lacking on the enforcement. Not to mention that it is not feasible seeing that there is a difficulty to reconcile the principle of human rights with non-interference principle, but whatever it takes should be extending the mandate of AICHR in promotion and primarily ‘protection’ of human rights in ASEAN by granting power to the organization to conduct investigation within its member states. A type of approach, namely ‘Carrot and Stick’ approach should be taken into account by the organization in order to fully take concern on human rights issues within the region. In this regard, after empowering or extending the mandate of the AICHR, ASEAN may take a look on the European Court of Human Rights (ECHR) on how this mechanism in the European Continent is working properly in upholding core human rights values.