• AHRD lies its claims on the adherence to the enjoyment of human rights and freedoms must be balanced with
– the performance of duties (Article 6),
– the regional and national context (Article 7),
– limitation of rights (Article 8), and
– reference to national laws i.e. regarding the right to participate in the government (Article 25.1), right to vote (Article 25.2), right to form ad join trade union (Article 27.2).
• Nevertheless, the right to life is a fundamental right to everyone, but the statement in AHRD, this right must be on the provision of domestic law (as seen above).
• The issue of statelessness, the right to seek and enjoy asylum from persecution in other country is limited to countries’ domestic law, not the international human rights standard.
• AHRD excluded the freedom of association, which was initially appeared in Article 24 along with the freedom of peaceful assembly.
• The earlier drafts contained the whole and specific sections “duties and responsibilities” and “limitation of rights” of the individual.
• However, at the end, this concern has been condensed into Article 6-8
• AHRD left out ethnic minority and indigenous people as rights holders.
ASEAN Challenges on Human Rights
• While the region’s integration is a high priority agenda for the Governments and people in ASEAN, some problems remain:
– lack of democracy,
– imbalance concept of development, – non interference in domestic affairs – the claim of Asian values
• Lack of political will on Human Rights among ASEAN countrieslack of direction and focus for AICHR
• Low participation of civil society on Human Rights
• ASEAN member states have different political and human rights culture.
• ‘Asian values’ = “authoritarian values”?
• Human Trafficking and migration is a pressing issue for ASEAN, yet the progress remains slow.