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Many publications dealing with human rights contain a wealth of materials from the United Nations, Europe, and even the Inter-American and African regional human rights systems, but none cover the geographical region which encompasses Asian and Pacific states. The collection of documents contained in this volume is an attempt to rectify this situation. A unique reference tool to those with an interest in human rights in Asia and the Pacific, be they students of law, Asian studies or international relations, or lawyers or researchers using human rights materials, this volume contains various inter-governmental and non-governmental documents, as well as a section on numerous human rights organisations and resources. Despite the Asia-Pacific area now being the world's only region without a human rights instrument, the volume of constitutional provisions, treaty provisions, governmental and non-governmental declarations on human rights as well as other types of relevant documents is very substantial, putting to lie the argument that human rights are of little concern or secondary to other considerations. This huge amount of material has made it necessary to edit certain documents to their most essential elements. Other documents are included in their entirety where they are deemed to be of particular significance.
Many publications dealing with human rights contain a wealth of materials from the United Nations, Europe, and even the Inter-American and African regional human rights systems, but none cover the geographical region which encompasses Asian and Pacific states. The collection of documents contained in this volume is an attempt to rectify this situation. A unique reference tool to those with an interest in human rights in Asia and the Pacific, be they students of law, Asian studies or international relations, or lawyers or researchers using human rights materials, this volume contains various inter-governmental and non-governmental documents, as well as a section on numerous human rights organisations and resources. Despite the Asia-Pacific area now being the world's only region without a human rights instrument, the volume of constitutional provisions, treaty provisions, governmental and non-governmental declarations on human rights as well as other types of relevant documents is very substantial, putting to lie the argument that human rights are of little concern or secondary to other considerations. This huge amount of material has made it necessary to edit certain documents to their most essential elements. Other documents are included in their entirety where they are deemed to be of particular significance.
Many publications dealing with human rights contain a wealth of materials from the United Nations, Europe, and even the Inter-American and African regional human rights systems, but none cover the geographical region which encompasses Asian and Pacific states. The collection of documents contained in this volume is an attempt to rectify this situation. A unique reference tool to those with an interest in human rights in Asia and the Pacific, be they students of law, Asian studies or international relations, or lawyers or researchers using human rights materials, this volume contains various inter-governmental and non-governmental documents, as well as a section on numerous human rights organisations and resources. Despite the Asia-Pacific area now being the world's only region without a human rights instrument, the volume of constitutional provisions, treaty provisions, governmental and non-governmental declarations on human rights as well as other types of relevant documents is very substantial, putting to lie the argument that human rights are of little concern or secondary to other considerations. This huge amount of material has made it necessary to edit certain documents to their most essential elements. Other documents are included in their entirety where they are deemed to be of particular significance.
The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN’s announcement in 2009 of an ASEAN regional human rights mechanism. Drawing together leading scholarly voices including Surya Deva, V.T. Thamilmaran, Tom Zwart and Catherine Renshaw, the book focuses on the systemic issue of institutionalizing human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is "ready" for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them.
The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.
While the Asia Pacific region is one of the world's largest by population size, it has long been known for having the least developed regional and national institutional mechanisms for protecting human rights, particularly compared to the well-developed systems in Europe, the Americas, and increasingly in Africa. Asia has the least uptake of human rights treaties of any region in the world, and serious human rights violations are documented as occurring in numerous countries in the region. Asia has also presented conceptual challenges to the universality of international human rights, for instance through arguments about 'Asian values' (the collective over the individual, the economic over the political, compromise over adjudication) being inconsistent with western notions of rights. At the same time, innovative human rights practices and protections have been developed in some jurisdictions, and increasingly at the transnational level. There is increasing scholarly and practitioner interest in human rights in the Asia and Pacific regions, driven in part by recent efforts by the Association of South East Asian Nations (ASEAN) and the Pacific Islands Forum (PIF) to enhance human rights protections in those sub-regions. This edited collection makes a timely and distinctive contribution to the literature by bringing together the leading scholars in the field who have written across the gamut of thematic human rights issues in Asia and the Pacific. A particular strength of the collection is its inclusion of significant Asian and Pacific authors, who are sometimes under-represented in the mainstream legal debates. The work will be of interest to a scholarly and student audience in law (international, comparative Asian, public, constitutional, and human rights), as well as to readers in international relations, political science, Asian studies, and human rights.