Jo& '. ~-Q~IS~NG · Pagf4taguyod at Pagtatanggol ng Karapatang Pambata). ~e also serves .as. ~e...
23
shift is called for if its operation is to continue to be relevant and effective. The knowledge and skills required of officers and staff. must likewise ·be adjusted, upgraded and updated. This is the one big challenge that must he met if human rights in this country is to be respected, promoted, protected, and fu1filled. Human rights advocates and practitioners must join in this 1 ' reform for the system to work. All stakeholders both du1:y-holders and ' rights-claimants will have to be informed of this expanded legal basis .for, human rights enforcement and implementation. In short, cite rights-based approach to governance and human development is a formula worthy of further discussion maybe in succeeding volumes. It is in this context that I say this.issue of the Ateneo LAw Journal is very \timely indeed. It has succeeded in projecting the importance of international la:w and current human rights· issues. It makes clear that there is an urgent of giving special attention to the challenges facing the existing legal huinan rights mechanisms in view of the emergence of new forms of global to human rights and human security. I therefore take this occasion to congratulate the authors, as wells as the editors of the Ateneo Law Journal for putting together this thought provoking volume. Human rights practitioners, advocates, academics, and decision makers will find this very helpful. More power! Jo& ..... ......... '. Chairperson Commission on Human Rights of the Philippines ' ,· Proposing an ASEAN Human Rights Commission: A Critical Analysis* Sarah Lou Y. I. INTRODUCTION • ....... •• ·' ••••• ....... • .... ••••• i .••• 906 II. ASIAN VALUES AND HUMAN RIGHTS •• ......... •.••.•... · .912 A. The Asian Values Debate B. Asian Values; Universality of Human Ri.flhts and the Declarations C. ASEAN and the ASEAN Way III. TOWARDS AN ASEAN HUMAN RIGHTS MECHANISM •.•• ' ..... 923 ·. A. Mechanisms; Lessons for ASEAN B. Why a Sub-Regional Mechanism for Southeast Asia? C. Options for an Appropriate Human Ri.qhts Mechanism IV. ScRUTINIZING THE PROPOSED ASEA HuMAN RIGHTS CoMMISSION.· ........... •.. · •.• .... •...•••• ...... •.. 938 A. Principles and Elements B. CompOsition This article was submitted as · a dissertation requirement of the L.L.M. in International Human Rights Law programme of University of Essex, United Kingdom where the author received a mark of distinction. The author wishes to than)c her supervisor United Nations Special Rapporteur on the to Health Professor Paul Hunt as well as the Secretariat of the Working Group for an ASEAN Human. Rights Mechanism particularly Professor Carlos P. Medina for the invaluahle guidance that they have provided. This intellecrual discourse would not have been possible if not for the indispensable support of the author's parents, Antonio and Lourdes Arriola as well as the Foreign Commonwealth Office of the u;rited Kingdom and the British Council. **A.B. '93;].D. '98; L.L.M. (Internationa!HumanRights Law) '03, University of Essex. The author has served as Program Manager of the Working Group for an ASEAN Human Rights Mechanism as well as Administrative Manager of the Law Association for Asia and the Pacific (LA WASIA) Human Rights Standing Committee from 1999-2002. She became an intern to Paul Hunt, UN Specral Rapporteur on the Right to Health, in· 2003. She j'oined the Faculty of L-aw of the Ateneo de Manila in June 2001 and has ·been teaching Legal Writing, Legal Research, Children's Rights Law, and Human,itarian Law of Armed Conflicts since th·en. She is currendy the Director for Special Projects of the Ateneo Human Rights Center and the President of the .Board of Directors, Center for the Promotion, Advocacy, and Piotection of Children's Rights para sa Pagpapalaganap, Pagf4taguyod at Pagtatanggol ng Karapatang Pambata). also serves .as. head coach of the Atene.::; Team for the Pictet Intematlonal Humarutanan Law Moot Court Competition 2004. .. . . Cite as 48 ATENBO L.J. 905 (zoo4).
Transcript of Jo& '. ~-Q~IS~NG · Pagf4taguyod at Pagtatanggol ng Karapatang Pambata). ~e also serves .as. ~e...
shift is called for if its operation is to continue to be relevant and effective. The knowledge and skills required of officers and staff. must likewise ·be adjusted, upgraded and updated. This is the one big challenge that must he met if human rights in this country is to be respected, promoted, protected, and fu1filled. Human rights advocates and practitioners must join in this 1'
reform for the system to work. All stakeholders both du1:y-holders and ' rights-claimants will have to be informed of this expanded legal basis .for, human rights enforcement and implementation. In short, cite rights-based approach to governance and human development is a formula worthy of further discussion maybe in succeeding volumes.
It is in this context that I say this.issue of the Ateneo LAw Journal is very \timely indeed. It has succeeded in projecting the importance of international la:w and current human rights· issues. It makes clear that there is an urgent nep~ssity of giving special attention to the challenges facing the existing legal huinan rights mechanisms in view of the emergence of new forms of global thr~ats to human rights and human security. I therefore take this occasion to congratulate the authors, as wells as the editors of the Ateneo Law Journal for putting together this thought provoking volume. Human rights practitioners, advocates, academics, and decision makers will find this very helpful.
More power!
Jo& ..... ......... '. -~~ ~-Q~IS~NG
Chairperson Commission on Human Rights of the Philippines
' ~ ,·
Proposing an ASEAN Human Rights Commission: A Critical Analysis* Sarah Lou Y. Arriola~
I. INTRODUCTION •.......•• ·' •••••.......•....••••• i .••• 906
II. ASIAN VALUES AND HUMAN RIGHTS ••.........•.••.•... · .912
A. The Asian Values Debate B. Asian Values; Universality of Human Ri.flhts
and the Ban~kok Declarations C. ASEAN and the ASEAN Way
III. TOWARDS AN ASEAN HUMAN RIGHTS MECHANISM •.•• ' ..... 923
·. A. Exlstin~ Re~io~al Mechanisms; Lessons for ASEAN B. Why a Sub-Regional Mechanism for Southeast Asia? C. Options for an Appropriate Human Ri.qhts Mechanism
IV. ScRUTINIZING THE PROPOSED ASEA HuMAN RIGHTS CoMMISSION.· ...........•.. · •.•....•...••••......•.. 938
A. Under/yin~ Principles and Elements B. CompOsition
~ This article was submitted as · a dissertation requirement of the L.L.M. in International Human Rights Law programme of University of Essex, United Kingdom where the author received a mark of distinction. The author wishes to than)c her supervisor United Nations Special Rapporteur on the Righ~ to Health Professor Paul Hunt as well as the Secretariat of the Working Group for an ASEAN Human. Rights Mechanism particularly Professor Carlos P. Medina for the invaluahle guidance that they have provided. This intellecrual discourse would not have been possible if not for the indispensable support of the author's parents, Antonio and Lourdes Arriola as well as the Foreign Commonwealth Office of the u;rited Kingdom and the British Council.
**A.B. '93;].D. '98; L.L.M. (Internationa!HumanRights Law) '03, University of Essex. The author has served as Program Manager of the Working Group for an ASEAN Human Rights Mechanism as well as Administrative Manager of the Law Association for Asia and the Pacific (LA WASIA) Human Rights Standing Committee from 1999-2002. She became an intern to Paul Hunt, UN Specral Rapporteur on the Right to Health, in· 2003. She j'oined the Faculty of L-aw of the Ateneo de Manila in June 2001 and has ·been teaching Legal Writing, Legal Research, Children's Rights Law, and Human,itarian Law of Armed Conflicts since th·en. She is currendy the Director for Special Projects of the Ateneo Human Rights Center and the President of the .Board of Directors, Center for the Promotion, Advocacy, and Piotection of Children's Rights (Lund~yan para sa Pagpapalaganap, Pagf4taguyod at Pagtatanggol ng Karapatang Pambata). ~e also serves .as. ~e head coach of the Atene.::; Team for the Je~n Pictet Intematlonal Humarutanan Law Moot Court Competition 2004. .. . .
Cite as 48 ATENBO L.J. 905 (zoo4).
