Between law and practice: Why can freedom of expression not be protected as a constitutional right in Asean member states?

• Main Author: Ngo, Huong
• Other Authors: Asian Constitutional Law Recent Development and trends : 6th and 7th December 2019, Hà Nội, Việt Nam. Vol. 2
• Format: Conference or Workshop Item
• Language: English
• Published: Đại học Quốc gia Hà Nội 2020
• Subjects: freedom of expression; human rights; ASEAN; Tự do ngôn luận; Nhân quyền; Quyền con người
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94711
• Institution: Vietnam National University, Hanoi

This paper assesses the extent which the rights to freedom of expression and access to information (FOE/I) have been extended to citizens in the ASEAN states. Criteria to access conformance with international standards in FOE/I are established and applied to assess the situation in two ASEAN states. These states, Singapore and Vietnam, represent the range of political situations and practices in ASEAN. The states are politically committed,to varying degrees, to FOE/I in their laws and practices but neither has yet meet international standards and principles of jurisprudence. The major arguments made by ASEAN states to justify non-compliance with international standards relate tothe notion of ‘Asian Values’ and to national security needs. The paper argues that neither of these arguments is sound. In order to move the human rights agenda forward in ASEAN, in realation to FOE/I, it is argued that: (i) FOE/I should be ‘constitutionalized’ at a regional level through an effective regional human rights mechanism; (ii) Dialogues for norm setting and interpretation on rights should be strengthened so that ASEAN states can become closer and collectively link to the global human rights regime in a constructive regional human rights and international relations setting; (iii) ASEAN states should undertake constitution building in line with international standards in the process of developing regional laws and human right mechanisms that give right to democracy and FOE/I at the state level.