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Hum Rights Rev (2014) 15:391411
DOI 10.1007/s12142-014-0313-7
Attilio Pisan
Published online: 23 February 2014# Springer Science+Business Media Dordrecht 2014
Abstract Sovereignty and non-interference principles are trademarks of the Association of South-East Asian Nations (ASEAN) regional approach. Starting from 1993, ASEAN has been developing a process aimed at creating a human rights system. This process reached its acme in August 2013 when the ASEAN Human Rights Declaration (AHRD) was formally launched. In the frame of the tension between sovereignty and human rights, the paper firstly analyzes the roots of the ASEAN path towards the creation of the regional human rights system grounded on the Vienna World Conference debate. Next comes an analysis of the political commitments assumed by ASEAN in the last 20 years in the process of creating a human rights body in the region. Furthermore, the paper presents an in-depth analysis of the most problematic issues connected with the nature, functions, mandate, and purposes of the ASEAN Intergovernmental Human Rights Commission (2009). This is followed by an analysis of the AHRD.
Keywords Human Rights in Association of South-East Asian Nations . ASEAN Intergovernmental Commission on Human Rights . ASEAN Human Rights Declaration
Introduction
On 23 August 2013, the Association of South-East Asian Nations (ASEAN) formally launched the ASEAN Human Rights Declaration (AHRD). Since the Bangkok Declaration, the traditional ASEAN approach to human rights has been inspired by the full respect for national sovereignty, territorial integrity, and non-interference in the internal affairs. These principles have been constantly evoked by ASEAN documents concerning human rights. Although the new ASEAN Charter (2007) introduced some new principles (Article 2.2. let b: shared commitment and collective responsibility in enhancing regional peace, security and prosperity; Article 2.2. let. g enhanced consultations on matters seriously affecting the common interest of ASEAN), the
A. Pisan (*)
Department of History, Society and Human Studies, University of Salento, Pal. Parlangeli, v. Stampacchia, 73100 Lecce, Italye-mail: [email protected]
Human Rights and Sovereignty in the ASEAN Path Towards a Human Rights Declaration
392 A. Pisan
establishment of the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the adoption of the AHRD, sovereignty, and non-interference are still leading principles within the ASEAN regional cooperation system. Could these relevant steps towards the recognition, promotion, and protection of human rights...