Download or read book The Universal Periodic Review of Southeast Asia written by James Gomez and published by Springer. This book was released on 2017-11-14 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research presented in this book provides a stakeholder analysis of human rights protection at a time when the region appears to be regressing into an insidious and deep authoritarianism. As political space shrinks in Southeast Asia, the book provides an insight into how civil society engaged with the Universal Periodic Review (UPR) of the United Nations Human Rights Council during the first (2008-2011) and second (2012-2016) cycles. Through evidence-based research, the authors in this volume identify gaps in human rights reporting and advocacy during the UPR, notably on civil and political issues such as the right to life, freedom of expression, freedom of religion and belief, extrajudicial killings, arbitrary detention and claims for greater autonomy. In short, The Universal Periodic Review of Southeast Asia: Civil Society Perspectives, highlights the need for more engagement on civil and political issues during the third cycle of the UPR in 2017-2020. Failing this, the UPR process risks being reduced to a platform where civil society only engages on issues that States are willing to cooperate on. If this is the case, Southeast Asia's democratic transition will suffer a long term set back.

Download or read book National Human Rights Institutions in Southeast Asia written by James Gomez and published by Springer Nature. This book was released on 2020-01-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Human Rights and the Universal Periodic Review written by Hilary Charlesworth and published by Cambridge University Press. This book was released on 2015-01-22 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Universal Periodic Review is an intriguing and ambitious development in human rights monitoring which breaks new ground by engaging all 193 members of the United Nations. This book provides the first sustained analysis of the Review and explains how the Review functions within the architecture of the United Nations. It draws on socio-legal scholarship and the insights of human rights practitioners with direct experience of the Review in order to consider its regulatory power and its capacity to influence the behaviour of states. It also highlights the significance of the embodied features of the Review, with its cyclical and intricately managed interactive dialogues. Additionally, it discusses the rituals associated with the Review, examines the tendency of the Review towards hollow ritualism (which undermines its aspiration to address human rights violations comprehensively) and suggests how this ritualism might be overcome.

Download or read book Human Rights and the UN Universal Periodic Review Mechanism written by Damian Etone and published by Taylor & Francis. This book was released on 2024-02-27 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first part focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, the third part questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future. The volume will be a valuable resource for researchers, academics, and policymakers working in the area of international human rights law, international organizations, and international relations. We would like to acknowledge the UPR Academic Network (UPRAN) for bringing together the experts on this project and the University of Stirling for providing funds to facilitate open access dissemination for parts of this output.

Download or read book Marginalisation and Human Rights in Southeast Asia written by Al Khanif and published by Taylor & Francis. This book was released on 2022-12-28 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses marginalisation and human rights in Southeast Asia and offers diverse approaches in understanding the nuances of marginalisation and human rights in the region. Throughout the region, a whole range of similarities and differences can be observed relating to the Southeast Asian experience of human rights violation, with each country maintaining particular aspects reflecting the variability of the use and abuse of political power. This book explores the distinct links between marginalisation and human rights for groups exposed to discrimination. It focuses on ethnic minorities, children, indigenous peoples, migrant workers, refugees, academics, and people with disabilities. This book highlights the disparities in attainment and opportunity of marginalised and minority groups in Southeast Asia to their rights. It examines how marginalisation is experienced, with case studies ranging from a regional approach to country context. Paying attention to how broader socio-economic and political structures affect different people’s access to, or denial of, their fundamental human rights and freedoms, the book argues that tackling human rights abuses remains a major hurdle for the countries in Southeast Asia. Providing a broader conceptual framework on marginalisation and human rights in Southeast Asia and a new assessment of these issues, this book will be of interest to readers in the fields of Asian Law, Human Rights in Asia, and Southeast Asian Studies, in particular Southeast Asian Politics.

Download or read book A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia written by Hao Duy Phan and published by Martinus Nijhoff Publishers. This book was released on 2012-02-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.

Download or read book Southeast Asian Affairs 2015 written by Daljit Singh and published by Institute of Southeast Asian Studies. This book was released on 2015-05-19 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Southeast Asian Affairs is the only one of its kind: a comprehensive annual review devoted to the international relations, politics, and economies of the region and its nation-states. The collected volumes of Southeast Asian Affairs have become a compendium documenting the dynamic evolution of regional and national developments in Southeast Asia from the end of the ‘second’ Vietnam War to the alarms and struggles of today. Over the years, the editors have drawn on the talents and expertise not only of ISEAS’ own professional research staff and visiting fellows, but have also reached out to tap leading scholars and analysts elsewhere in Southeast and East Asia, Australia and New Zealand, North America, and Europe. A full list of contributors over forty years reads like a kind of who’s who in Southeast Asian Studies. Regardless of specific events and outcomes in political, economic, and social developments in Southeast Asia’s future, we can expect future editions of Southeast Asian Affairs to continue to provide the expert analysis that has marked the publication since its founding. It has become an important contributor to the knowledge base of contemporary Southeast Asia." - Donald E. Weatherbee, Russell Distinguished Professor Emeritus, University of South Carolina

Download or read book Queer Southeast Asia written by Shawna Tang and published by Taylor & Francis. This book was released on 2022-11-22 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tang and Wijaya present a range of new and established scholarly voices, including local activists directly involved in developments in Southeast Asia. This groundbreaking collection presents the current state of play and longstanding LGBTQ+ debates in this often-overlooked region of Asia. The diversity of both the subject and the region is reflected in the broad scope of topics addressed, from the impact of Japanese queer popular culture on queer Filipinos, to the politics of public toilets in Singapore, and the impact of digital governance on queer communities across ASEAN. Taken in combination, these investigations not only highlight the operations of queer politics in Southeast Asia, but also present a concrete basis to reflect on queer knowledge production in the region. A vital resource for students and scholars of gender and sexuality in Southeast Asia, or any Queer or LGBTQ+ studies looking beyond the West.

Download or read book The Politics of International Criminal Law written by Holly Cullen and published by BRILL. This book was released on 2020-12-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.

Download or read book Asia and the Drafting of the Universal Declaration of Human Rights written by Robin Ramcharan and published by Springer. This book was released on 2018-11-19 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that explicitly outlines Asian contributions to the elaboration of universal human rights values that were proclaimed in the Universal Declaration of Human Rights of 1948. Evidence of Asia’s contribution from the historical records of the Commission on Human Rights (1946 to 1948) profoundly refutes any remnants of the relativist ‘Asian values’ discourse. Asians shaped the ‘new humanism’ of the UDHR and the universal values that they also brought to bear on the drafting of this document. The book brings this evidence into focus in order to enter them into contemporary human rights discourse in Asia. The book coincides with the 70th anniversary (2018) of the UDHR and contributes to the ongoing global dialogue between states and societies in the development of human rights norms. At this time, the elucidation of the Asian contribution in this work is part of this dialogue.

Download or read book The Responsibility to Provide in Southeast Asia written by Tan, See Seng and published by Bristol University Press. This book was released on 2019-11-13 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the long-held and jealously guarded ASEAN principle of non-intervention, this book argues that states in Southeast Asia have begun to display an increasing readiness to think about sovereignty in terms not only of state responsibility to their own populations but also towards neighbouring countries as well. Taking account of the realities of interstate cooperation in the region, and drawing on the work of Emmanuel Levinas, the author develops a new theoretical framework reflecting an evolution of attitudes about state sovereignty to explain this emerging ethic of regional responsibility.

Download or read book The Protection of Refugees in Southeast Asia written by Sébastien Moretti and published by Routledge. This book was released on 2022-02-15 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive and detailed analysis of refugee protection in Southeast Asia from an international law perspective. It examines both the legal and policy frameworks pertaining to the protection of refugees in the region as well as the countries’ response to refugee movements from the Indochinese refugee crisis in the mid-1970s to the most recent developments. It covers important aspects of refugee protection, such as access to territory, non-refoulement, the treatment of refugees, the concept of refugee as applied in the region, burden-sharing and durable solutions to the plight of refugees. The analysis focuses specifically on the main countries of asylum within the Association of Southeast Asian Nations that are not parties to the 1951 Refugee Convention, namely Thailand, Malaysia and Indonesia. Using an international law perspective based on the doctrine of the ‘two elements’ (practice and opinio juris), the author argues that these states have long recognized that people fleeing persecution, armed conflict and generalized violence, namely refugees, should be protected. This in turn demonstrates that they recognize the existence and relevance of the international refugee regime despite their refusal to accede to the Refugee Convention. Offering a different perspective on the links between international refugee law and refugee protection in Southeast Asia, this book will be of interest to researchers and practitioners in the fields of international relations, international refugee law, international human rights law, migration governance and Southeast Asian Studies.

Download or read book Can ASEAN Take Human Rights Seriously written by Alison Duxbury and published by Cambridge University Press. This book was released on 2019-03-28 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse

Download or read book The Politics of Accountability in Southeast Asia written by Garry Rodan and published by Oxford University Press. This book was released on 2014 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different ideologies and related political coalitions forming the bases of movements for accountability reform in Southeast Asia.

Download or read book Migration in Southeast Asia written by Sriprapha Petcharamesree and published by Springer Nature. This book was released on 2023-03-21 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access IMISCOE Regional Reader explores the issues faced by migrant groups in Southeast Asia and the challenges of getting of their human rights recognized. It analyses the different responses, or lack thereof, of the Association of Southeast Asian Nations (ASEAN) to these highly complex situations which are shaped by contemporary debates around borders and concepts of states, migrants’ rights as well as access to citizenship and how these concepts and paradigms are intertwined with issues such as agency and resilience of migrants. Crucial attention is given to the region’s lesser known populations and issues such as the Vietnamese in Thailand, people of Indonesian descent (PIDs) in Southern Philippines, independent child migrants across the region, and the vulnerabilities of migrant workers facing the COVID-19 pandemic. With its unique regional focus, this book provides a valuable resource to those studying human rights and migration issues, policy makers and researchers and students.

Download or read book The Human Rights Council written by Damian Etone and published by Routledge. This book was released on 2020-01-27 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the engagement of African states with the United Nations Human Rights Council’s Universal Periodic Review (UPR) mechanism. This human rights mechanism is known for its pacific and non-confrontational approach to monitoring state human rights implementation. Coming at the end of the first three cycles of the UPR, the work offers a detailed analysis of the effectiveness of African states’ engagement and its potential impact. It develops a framework which comprehensively evaluates aspects of states’ UPR engagement, such as the pre-review national consultation process and implementation of UPR recommendations which, until recently, have received little attention. The book considers the potential for acculturation in engagement with the UPR and unpacks the impact of politics, regionalism, cultural relativism, rights ritualism and civil society. The work provides a useful guide for policymakers and international human rights law practitioners, as well as a valuable resource for international legal and international relations academics and researchers.

Download or read book Politics and Constitutions in Southeast Asia written by Marco Bünte and published by Routledge. This book was released on 2016-07-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.