A Toothless Tiger, or an Important Step Forward for the Region?

Description: 

"On July 20, 2009, the ASEAN Ministerial Meeting in Phuket, Thailand, adopted the Terms of Reference (TOR) for the long-awaited human rights arm of the Association of Southeast Asian Nations (ASEAN).1 ASEAN Secretary General Dr. Surin Pitsuwian proclaimed that "Democracy and human rights are two basic principles enshrined in the [ASEAN] Charter and we are now taking steps towards the fulfillment of these principles for our peoples."2 However, the extent to which this new body will be able to effectively address human rights concerns in the region is an issue of great disagreement among ASEAN?s member nations, the international media and civil society organizations. While some feel that any progress at all in the area of human rights protection in Southeast Asia should be lauded, others have claimed that the new body is essentially powerless to enforce a minimum standard of human rights, or even to investigate and bring to light any human rights violations that may occur in the region. This article seeks to review the initial reaction of interested parties to the TOR, to review the TOR themselves to determine what powers and restraints the new body will be operating under, and to highlight a few of the ongoing human rights dilemmas that the new body will face. Finally, it is concluded that while the TOR certainly could have been stronger and the new body will start out without the power to investigate violations or enforce rights, it should not be dismissed as altogether useless, and its future utility will depend on ASEAN?s ability to follow through on its promise to strengthen the body in an "evolutionary" manner..."

Source/publisher: 

"LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers? Council (BLC)

Date of Publication: 

2009-08-09

Date of entry: 

2018-06-09

Grouping: 

  • Individual Documents

Language: 

English

Local URL: 

Format: 

pdf

Size: 

83.26 KB