Research

Rule of Law for Human Rights

While the ASEAN Charter has acknowledged the importance of adhering to the rule of law and good governance alongside the respect for and protection of human rights, it does not define these principles or explain how they are (or should be) implemented in ASEAN. Indeed, commentators suggest that these principles remain largely aspirational for many ASEANstates. Moreover, there appears to be a stark variation within ASEAN as to how the term rule of law is understood and interpreted by institutions and organs within ASEAN states. 

Before attempting to analyze adherence to human rights in ASEAN, it therefore important to identify what each ASEAN state understands by the ―rule of law and good governance‖, and why this principle, as indicated by the ASEAN Charter, goes hand in hand with promoting and protecting ―human rights‖. That is what this Project seeks to do. 

The HRRC aims to publish the final Report, with the individual country reports as appendices, in May 2011. 

Violence,Exploitationand Migration affecting Women and Children in ASEAN: A Critical Literature Review

Women’s and Children’s issues are areas of vital concern in the region and need to be included in the agenda of both the ACWC and AICHR. Pursuing this project will draw attentionto the independent function of the HRRCA and its role in defining specialized areas of human rights of concern for ASEAN.

The study will review all the literature, researches and data concerning Violence, Sexual Exploitation, Trafficking and Migrant Workers issues of Women Children

This Project aim to assist the newly established ASEAN Intergovernmental Commission on Human Rights (AICHR) and ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC)  in performing their tasks and focus on issue of migrant worker, in particular women and children.   

The goal for completion of this study is at the end of 2011.  

Business and Human Rights

John Ruggie, the Special Representative of the UN Secretary General on human rights and transnational corporations and other business enterprises had proposed the Business and Human rights framework of “Protect, Respect and Remedy” for better managing business and human rights challenges. Now widely referred to as the UN Framework, it rests on three pillars: the State duty to protect against human rights abuses by third parties, including business, through appropriate policies, regulation, and adjudication; the corporate responsibility to respect human rights, which means to act with due diligence to avoid infringing on the rights of others; and greater access by victims to effective remedy, both judicial and non- judicial.

In ASEAN, there has been a misperception on the business and human rights issues, as many would confuse with a corporate social responsibility (CSR) concept. This is a relatively new concept in ASEAN; however, many member states welcome this concept in a positive manner. 

AICHR came to the picture by having a strong focus in business and human rights concept as well as getting countries to be familiar with this concept. Hopefully the HRRRC study will lead to a recommendation to AICHR on how ASEAN should approach this issue.