Asia Pacific And Human Rights

Human rights are acquiring an increasingly prominent role on the world stage. Interest in, concern about and action on human rights are widespread and rising, albeit in a far from globally even, uniform and untroubled fashion. Human rights have generated a booming global industry while having become, not unconnectedly, highly controversial and deeply contested. Human rights matters have emerged as a major source of disagreement, dispute and discord at and between the local, regional and global levels of social, cultural, political and economic life. These developments are addressed in the book by an examination of the links between the evolving global human rights regime (GHRR) and the character and course of human rights in the world's most dynamic, complex and problematic region, that of the Asia Pacific. The authors argue that although the Asia Pacific and human rights nexus is influenced by cultural clashes, it is largely shaped by power distributions and struggles rooted in the global political economy (GPE). The prevailing GHRR reflects the way in which globalization processes have been Western led, but its future is far from certain given the current shift in the balance of GPE power towards the Asia Pacific, and especially East Asia.

The Asia-Pacific is known for having the least developed regional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about building institutions for human rights protection in the Asia-Pacific region, in the wake of ASEAN’s establishment in 2009 of a sub-regional human rights commission. Drawing together leading scholarly voices, the book focuses on the systemic issue of institutionalising human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening human rights institutions in the region, challenging the orthodox scepticism about whether the Asia-Pacific is "ready" for stronger human rights institutions and exploring the variety of possible forms that regional and sub-regional institutions might take. The volume also analyses the impediments to new institutions, whilst questioning the justifications for them. The collection provides a range of perspectives on the issues and many of the chapters bring interdisciplinary insights to bear. As such, the collection will be of interest to scholarly, practitioner, and student audiences in law, as well as to readers in international relations, political science, Asian studies, and human rights.

The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.

Many publications dealing with human rights contain a wealth of materials from the United Nations, Europe, and even the Inter-American and African regional human rights systems, but none cover the geographical region which encompasses Asian and Pacific states. The collection of documents contained in this volume is an attempt to rectify this situation. A unique reference tool to those with an interest in human rights in Asia and the Pacific, be they students of law, Asian studies or international relations, or lawyers or researchers using human rights materials, this volume contains various inter-governmental and non-governmental documents, as well as a section on numerous human rights organisations and resources. Despite the Asia-Pacific area now being the world's only region without a human rights instrument, the volume of constitutional provisions, treaty provisions, governmental and non-governmental declarations on human rights as well as other types of relevant documents is very substantial, putting to lie the argument that human rights are of little concern or secondary to other considerations. This huge amount of material has made it necessary to edit certain documents to their most essential elements. Other documents are included in their entirety where they are deemed to be of particular significance.

While the Asia Pacific region is one of the world's largest by population size, it has long been known for having the least developed regional and national institutional mechanisms for protecting human rights, particularly compared to the well-developed systems in Europe, the Americas, and increasingly in Africa. Asia has the least uptake of human rights treaties of any region in the world, and serious human rights violations are documented as occurring in numerous countries in the region. Asia has also presented conceptual challenges to the universality of international human rights, for instance through arguments about 'Asian values' (the collective over the individual, the economic over the political, compromise over adjudication) being inconsistent with western notions of rights. At the same time, innovative human rights practices and protections have been developed in some jurisdictions, and increasingly at the transnational level. There is increasing scholarly and practitioner interest in human rights in the Asia and Pacific regions, driven in part by recent efforts by the Association of South East Asian Nations (ASEAN) and the Pacific Islands Forum (PIF) to enhance human rights protections in those sub-regions. This edited collection makes a timely and distinctive contribution to the literature by bringing together the leading scholars in the field who have written across the gamut of thematic human rights issues in Asia and the Pacific. A particular strength of the collection is its inclusion of significant Asian and Pacific authors, who are sometimes under-represented in the mainstream legal debates. The work will be of interest to a scholarly and student audience in law (international, comparative Asian, public, constitutional, and human rights), as well as to readers in international relations, political science, Asian studies, and human rights.

Many publications dealing with human rights contain a wealth of materials from the United Nations, Europe, and even the Inter-American and African regional human rights systems, but none cover the geographical region which encompasses Asian and Pacific states. The collection of documents contained in this volume is an attempt to rectify this situation. A unique reference tool to those with an interest in human rights in Asia and the Pacific, be they students of law, Asian studies or international relations, or lawyers or researchers using human rights materials, this volume contains various inter-governmental and non-governmental documents, as well as a section on numerous human rights organisations and resources. Despite the Asia-Pacific area now being the world's only region without a human rights instrument, the volume of constitutional provisions, treaty provisions, governmental and non-governmental declarations on human rights as well as other types of relevant documents is very substantial, putting to lie the argument that human rights are of little concern or secondary to other considerations. This huge amount of material has made it necessary to edit certain documents to their most essential elements. Other documents are included in their entirety where they are deemed to be of particular significance.