A hardship journey of The UN human rights enforcement bodies: a lesson learned for creating future ASEAN human rights mechanism

, Rachminawati and Mokhtar, Khairil Azmin (2019) A hardship journey of The UN human rights enforcement bodies: a lesson learned for creating future ASEAN human rights mechanism. In: Asian Society of International Law 7th Biennial Conference, 22nd-23rd August 2019, Universitas Padjadjaran, Bandung, Indonesia. (Unpublished)

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Abstract

Most core UN human rights treaties have been ratified by many countries including southeast Asian countries. The monitoring mechanism under the UN runs quite well and professional. The UN seems has been successfully achieving their organization’s purpose which is to promote and respect human rights and fundamental freedom. However, little evidence show that the implementation is effective. Similar situation with the southeast Asian region under the ASEAN, day by day human rights implementation face a hardship. It has been one decade of the AICHR and it remains weak commission. Other institutions support for human rights also in absent. ASEAN do not have other political body focusing on human rights nor has a court to adjudicate human rights cases. Unlike the UN have a The Security Council and The International Court of Justice. Of course the UN and ASEAN is not comparable as the study is also not comparative study. This is a qualitative legal research with a more legal pragmatic approach. The UN can be a source of inspiration for ASEAN. In addition, The UN is a reference for other international organization including ASEAN in protecting universal human rights. Furthermore, there are some facts that they have similar situation such as a heterogeneous grouping of states economically, politically, culturally, and socially; such as both also have strong intergovernmental character. Although big disparity in terms of number of the member states. Due to that similarity, there would be many lesson for ASEAN especially in building their future human rights mechanism, the AICHR’s successor. This study focusing on the history and work of the UN human rights mechanisms in enforcing international human rights law and how the policy of the UN itself via UN main organs in supporting the mechanisms. These findings would be a bases to identify any lesson that ASEAN could learned from their experience in order to predict the future development of the AICHR as well as human rights protection in the southeast Asian region. Furthermore, it contributes to the reform of both ASEAN and AICHR toward a more effective implementation of human rights.

Item Type:	Conference or Workshop Item (Invited Papers)
Additional Information:	1650/78487
Uncontrolled Keywords:	The United Nation, The ASEAN, The AICHR, The UN Commission on Human Rights, The UN Human Rights Council.
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Assoc Prof Khairil Azmin Datuk Mokhtar
Date Deposited:	10 Mar 2020 11:18
Last Modified:	19 Aug 2020 09:07
URI:	http://irep.iium.edu.my/id/eprint/78487

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