THE URGENCY OF ASEAN HUMAN RIGHTS COURT ESTABLISHMENT TO PROTECT HUMAN RIGHTS IN SOUTHEAST ASIA
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Date
2017-04-04Author
GUNAWAN, YORDAN
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.