Rule of Law & Human Rights

 Update on the Rule of Law for Human Rights in ASEAN: The Path to Integration (2016) - includes a detailed Chapter on Cambodia.

Update on the Rule of Law for Human Rights in ASEAN: The Path to Integration

                      Human Rights Resource Centre

Update on the Rule of Law for Human Rights in ASEAN:

June 2016

Human Rights Resource Centre

in collaboration with

Konrad-Adenauer-Stiftung, Singapore

WSD Handa Center for Human Rights and International Justice

East West Center

University of Indonesia

Editors:

Prof. David Cohen

Dr. Kevin Tan

Aviva Nababan

Faith Suzzette Delos Reyes Kong

Researchers:

Team Leader : Francis Tom Temprosa, JD

Brunei : Dr. Kerstin Steiner

Cambodia : Vidija Phun, Faith Suzzette Delos Reyes Kong (co-author)

Indonesia : Bivitri Susanti

Lao PDR : Princess Bido Principe

Malaysia : Seh Lih, Long

Myanmar : Khin Oo Hlaing

Philippines : Daniel D. Lising

Singapore : Chang Ya Lan

Thailand : Kitti Jayangakula

Vietnam : Ass. Prof. Tran Viet Dung

Publisher:

The Human Rights Resource Centre, Indonesia

Copyright © 2016 by The Human Rights Resource Centre and Konrad Adenauer Stiftung

All rights reserved. This study report or any portion thereof may not be reproduced or used

in any manner whatsoever without the express written permission of the publisher except

for the use of brief quotations in a book review.

Printed in the Republic of Indonesia

First Printing, 2016

ISBN : 978-602-17986-3-8

 

FOREWORD

In May 2011, the HRRC published the Rule of Law for Human Rights in the ASEAN Region: A Base-line

Study, the first regional study on the rule of law. This ground-breaking report presented a snapshot of the

legal landscape on rule of law in the context of human rights in each of the ten Member States at that time

and provided a comparative assessment on the overall implementation of the rule of law in ASEAN.

Five years on, the ASEAN regional landscape is rapidly transforming as it embarks on a path towards

integration as an economic, political and cultural community. Significant milestones that mark a stronger

commitment to the rule of law in the region have been reached. This includes the unanimous adoption of

the ASEAN Human Rights Declaration in November 2012 and the formal establishment of the ASEAN

Community on 31 December 2015. Moreover, the past five years have brought considerable changes in the

local landscape for each Member State. With this milieu, the time is undoubtedly ripe to revisit the state of

the rule of law in the region and update the 2011 Baseline Study.

In this light, the HRRC and Konrad Adenauer Stiftung are pleased to present the Update on the Rule of Law

for Human Rights in ASEAN: The Path to Integration. The present Update analyses legislative and substantive

changes that have taken place in the ten ASEAN Member States since 2011 and whether changes support

or detract from ASEAN’s vision of becoming a “rules-based” community. The study further considers how

the process of ASEAN integration has influenced activity toward the creation of stronger legal institutions

within ASEAN Member States.

This study would not have been possible without the unflagging dedication of our country rapporteurs, lead

researcher, advisors, and editors, to whom we express our highest gratitude. We would also like to express

our appreciation to the University of Indonesia, WSD Handa Center for Human Rights and International

Justice, and East West Center, for generously supporting the endeavours of the HRRC.

It is our hope and expectation that this Update would spur further discussions, in-depth research and

empirical analysis on this important subject, and encourage policy-makers and leaders to address the gaps

reported. Ultimately, we hope this study would provide a vital contribution towards enhancing rule of law

in the region, consistent with the ASEAN Community Vision 2025 of a community that thrives in a “just,

democratic, harmonious and gender-sensitive environment in accordance with the principles of democracy,

good governance and the rule of law.” 

 LIMITATIONS OF THE STUDY

This descriptive study on the rule of law for human rights in ASEAN is not an attempt at a

comprehensive empirical survey of the situation in ASEAN States. Such a study would have

been impossible given the limitations of time and resources available to the researchers and

to the Centre. Rather, it provides a compilation, categorization and analysis of the published

material relevant to the subject, as well as some empirical analysis of the trends identified in

those sources.

It is important to note that researchers could only work with materials that are in fact

published and made widely available. Whilst they did endeavour, in so far as was possible, to

seek feedback from Member State government officials on facts reported, confidential reports

and undisclosed statistics held by various government departments are obviously not included

unless they were unconditionally made available to the researchers.

The objective of this study was to gather, analyse and assess the depth of information available,

both the causes and the impact of legislation relating to rule of law for human rights in each

ASEAN country, with a view to providing a comprehensive, objective assessment of the

situation as revealed through published literature. Where reports have been made available

by State and quasi-State agencies to the researchers, every effort has been made to incorporate

them. However, researchers were not obliged to contact such agencies in pursuit of data that

are not publicly available.