THE URGENCY OF ASEAN HUMAN RIGHTS COURT ESTABLISHMENT TO PROTECT HUMAN RIGHTS IN SOUTHEAST ASIA
ELVEN, TAREQ MUHAMMAD AZIZ
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The issue of Human Rights enforcement in Southeast Asia has become the serious problem and attracts the attention of international community. Principally, ASEAN has mentioned the Human Rights as one of the focus and be a part of the ASEAN Charter in 2008. It was followed by the establishment of ASEAN Inter-Governmental Commission on Human Rights (AICHR). AICHR is the commission of Human Rights enforcement in Southeast Asia which has a duty, function, and an authority to conduct dissemination and protection of Human Rights. In the end of 2016, however, the function of protection mandated to AICHR have not achieved yet. It can be proved by several cases of Human Rights violation which still exist and have not settled yet. One of case which attract the public attention recently is human rights violation towards Rohingya in Myanmar. Using the juridical-normative method, the research aims to examine the urgency of Human Rights court establishment in Southeast Asia region which able to issue the decision that bind the ASEAN members or the violating parties. The data shows that ASEAN needs to establish a regional court which intended to settle the Human Rights violations in ASEAN region. Furthermore, the research also highlights three strong factorsshould be settled by ASEAN for establishinghuman rights court i.e.the significant distinction of democracy and human rights development among the members, the strong implementation of non-intervention principle, and the financial matter to sustain the court.