Human Rights Treaty Ratification Behavior An ASEAN Way of Creating Standards

Abstract

The signing of the ASEAN Human Rights Declaration in 2012 supposedly provides a long awaited triumph for human rights in the region and a measure by which regional human rights can finally prevail in parallel with the new ASEAN Intergovernmental Commission on Human Rights. It is my argument that there are two primary challenges to realizing universal regional human rights standards; ASEAN’s constitutive norms/identity and fragmentation of human rights understandings in national legal interpretations of international human rights instruments. To substantiate this I will analyze treaty ratification behavior of ASEAN states to find out what are interests and preferences of ASEAN states in terms of human rights by analyzing treaties and reservations/declaration/statements which are attached to international human rights instruments that ASEAN states sign/accede to. Furthermore, I will demonstrate that treaty ratification behavior of ASEAN states is consistent with two strains of regional thought: sovereignty fears and cultural resistance to human rights norms and standards.

Keywords: ASEAN, Human Rights, AICHR, Human Rights Southeast Asia, Human Rights Regime