National Human Rights Institutions In The Asia Pacific Region

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.

"The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN's announcement in 2009 of an ASEAN regional human rights mechanism.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 the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is "ready" for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them. The collection provides a range of perspectives on the issues and many of the chapters bring a variety of interdisciplinary insights to bear. As such, the collection will be of interest to a scholarly and student audience in law, as well as to readers in international relations, political science, Asian studies, and human rights"--

This book reviews Southeast Asia’s National Human Rights Institutions (NHRIs) as part of an emerging assessment of a nascent regional human rights architecture that is facing significant challenges in protecting human rights. The book asks, can NHRIs overcome its weaknesses and provide protection, including remedies, to victims of human rights abuses? Assessing NHRIs’ capacity to do so is vital as the future of human rights protection lies at the national level, and other parts of the architecture—the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the international mechanism of the Universal Periodic Review (UPR)—though helpful, also have their limitations. The critical question the book addresses is whether NHRIs individually or collaboratively provide protection of fundamental human rights. The body of work offered in this book showcases the progress of the NHRIs in Southeast Asia where they also act as a barometer for the fluid political climate of their respective countries. Specifically, the book examines the NHRIs’ capacity to provide protection, notably through the pursuit of quasi-judicial functions, and concludes that this function has either been eroded due to political developments post-establishment or has not been included in the first place. The book’s findings point to the need for NHRIs to increase their effectiveness in the protection of human rights and invites readers and stakeholders to find ways of addressing this gap.

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.

Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.

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.

Presents An Overview Of The Character Of Various Countries And Analyses Their Relationship To Human Rights, Their Legal Basis And The Current Efforts To Educate The People In This Regards.

National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.