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15 Hum. Rts. L. Rev. 283 (2015)
The Significance of an Evolving Relationship: ASEAN States and the Global Human Rights Mechanisms

handle is hein.journals/hrlr15 and id is 292 raw text is: 



Human  Rights Law Review, 2015, 15, 283-311
doi: 10.1093/hrlr/ngvOO4
Advance Access Publication Date: 3 April 2015
Article



          The Significance of an Evolving

    Relationship: ASEAN States and the


      Global Human Rights Mechanisms

                                 Helen Quane*


                                    ABSTRACT
   This  article analyses the changing nature and level of engagement between  the
   Association of Southeast Asian Nations (ASEAN) States and the global human rights
   mechanisms  especially the Universal Periodic Review mechanism. The relationship is sig-
   nificant for several reasons. It provides valuable insights into how these States approach
   the interpretation and application of human rights as well as the extent to which they are
   willing to open up to external scrutiny of their domestic human rights record. It calls
   into question claims that there is a collective approach to human rights within ASEAN,
   specifically one that embodies Asian Values or Asia's Different Standard on human
   rights. As this study shows, the approach of ASEAN States is far more complex, hetero-
   geneous and dynamic than such claims would suggest. Above all, by analysing the rela-
   tionship between ASEAN  States and the global human rights mechanisms, it is possible
   to place recent human rights developments in ASEAN within their broader normative
   and institutional context.
   KEYWORDS: ASEAN States, Asian Values, Universal Periodic Review, United
   Nations human  rights treaty body system, special procedures



                               1. INTRODUCTION
Any  discussion of human   rights within the Association of Southeast  Asian Nations
(ASEAN) invariably   brings to mind  the Bangkok   Declaration of 1993.1 Formulated
in the lead up to the United Nations (UN)  World  Conference  on Human   Rights, it as-
serted what became known  as Asian Values or 'Asia's Different Standard' on human rights.



*Associate Professor, Swansea University (h.quane(&swansea.ac.uk).
1   See Final Declaration of the Regional Meeting for Asia for the World Conference on Human Rights
    ('Bangkok Declaration'), adopted by the Ministers and Representatives of Asian States Meeting at
    Bangkok from 29 March to 2 April 1993, pursuant to General Assembly resolution 46/116 of 17
    December 1991 in the context of preparations for the World Conference on Human Rights, available at:
    www.hurights.or.jp/archives/otherdocuments/sectionl/1993/04/final-declaration-of-the-regional-meet
    ing-for-asia-of-the-world-conference-on-human-rights.htm1 [last accessed 19 February 2015].
 2  See Kausikan, 'Asia's Different Standard' (1993) 92 Foreign Policy 24.


 0 The Author [2015]. Published by Oxford University Press.
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