Many faces and one identity?ASEAN in the search for a common role to play: the case of human rights regime

Abstract

Since 4oth anniversary of the Association of Southeast Asian Nations (ASEAN) in 2007, followed by the signing of the ASEAN Charter in 2008, and most recently the 15th Summit in October 2009 with the milestone creation of ASEAN Intergovernmental Commission for Human Rights, we observe a drastic change in the nature of the Association. This paper looks at the recent process of forming an ASEAN-identity in functional cooperation, in particular the human rights body. Much has been said on the Southeast Asian regionalism, criticism has been expressed about the weak institutionalization of the region, many scholars blame it on the lack of identity and comparisons have been made to the model of the European Union integration. This research, however, attempts to analyze the evolutionary process and the shift of cooperation tendency from the internal motivations of the members.\r\nThe ASEAN Charter has given the Association itself a legal personality. Sensitive issues and the key obstacles for ASEAN effective integration were tackled in the new light. Community-building, people-oriented integration, promotion of democratic values and human rights were stated in the documents among its main objectives. This poses a challenge to the core principle of ASEAN – the non-interference. Human rights issue is new to the Southeast Asian nations both in terms of conceptualisation and legal regulation. ASEAN Intergovernmental Commission on Human Rights (ICHR) is seen as regime-forming process, interestingly reflecting the new personality of the Association. This paper assumes that ASEAN has adopted regime-building in view of creating a step-by-step community. Such regimes addressing common challenges to the region are to construct a more coherent region and to nurture shared norms and values. So is the changing personality of ASEAN an attempt to find common goals, visions and values for the common future? Does the people-oriented direction fall into the social-artefact type of regime? Is the Intergovernmental Committee on Human Rights an exercise for ASEAN to socialize norms and standards that could be shared for the entire sub-region despite grim challenges from member states, such as Myanmar?