Asean Attitudes toward Implementation of Human Rights Protection Law at the National Level

• Main Authors: Abdullahi Ayoade, Ahmad, Balogun Adekunle, Daoud, Abdullahi Shehu, Yusuf
• Format: Article
• Language: English
• Published: 2018
• Subjects: JX International law; K Law (General)
• Online Access: http://eprints.unisza.edu.my/5988/1/FH02-FUHA-18-21376.pdf; http://eprints.unisza.edu.my/5988/
• Institution: Universiti Sultan Zainal Abidin

The ASEAN Charter entered into force in 2007. It is a clear indication that the Association of Southeast Asian Nations (ASEAN) is moving firmly and decisively towards becoming a fully-fledged rules-based regional organisation. Subsequently, numerous regional workshops on the domestication of human rights obligations have been organised, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC) which were ratified by all 10 ASEAN nations. Much was also deliberated on the national perspectives regarding the incorporation, transformation and application of human rights treaty obligations as well as their national practices in giving effect to human rights obligations. The year 2009 witnessed the establishment of the ASEAN Intergovernmental Commission on Human Rights to promote human rights among ASEAN. By the middle of 2012, the Commission had drafted the ASEAN Human Rights Declaration which was adopted unanimously by all ASEAN Nations in Phnom Penh, November 2012. Although the Declaration details ASEAN’s commitment to human rights for its over 600 million population, it has been continually criticised for the lack of transparency and failure to consult ASEAN civil societies during it drafting process. While the agreement is evident on paper, it is far from being realised. This research offers an overview of the various strategies by concerned countries to implement Human Rights Protection Law, and how it can be achieved amicably among the member states. Relevant provisions, roles and actions of state actors, non-state actors, and other responsible agents will be utilised in the discourse. The findings are aimed at assisting various ASEAN member states in the implementation of a unified Human Rights Law.