ASEAN and regional governance after the Cold War: from regional order to regional community?

Abstract

This paper first reviews and critiques the dominant realist and constructivist accounts of ASEAN, which have enjoyed much prominence in The Pacific Review since the journal's founding in 1988. ASEAN behaviour and outcomes cannot be fitted into neat theoretical categories that emphasize either material or ideational variables in explanation. Instead, ASEAN displays complexities in behaviour that are the product of the contingent interaction between the material (power, territory, wealth) and the ideational (norms, ideas, identity) as member states actively seek to manage domestic order as well as regional order within and beyond ASEAN. In all of this, state interests and identities remain paramount, which means that the long-standing ASEAN norms of sovereignty/non-interference remain central to regional governance. Under these conditions, and despite the Charter's newly articulated political norms of democratization, human rights, and the rule of law, the prospects seem doubtful for building a people-centred ASEAN Community in which regional governance displays inclusiveness, seeking to address the interests and needs of the region's ordinary people as opposed to what its elites deem appropriate. The final portion of the paper explores what a critical approach to studying ASEAN might reveal. In particular, the paper attempts to identify whether there may be any political spaces opening up within existing structures and practices from which progressive change could emerge, even if slowly, particularly in the area of human rights and social justice, key elements in building an inclusive, ASEAN Community.     

The North Korean factor in the improvement of Japanese intelligence capability

Abstract

Since the early 1990s, human rights have been a contentious issue for relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU), especially in the Asia–Europe Meeting (ASEM). It is an issue that has constantly led to tensions in interregional cooperation. However, the ASEAN–EU dialogue on human rights has, in fact, had a significant impact on regional dynamics by stimulating the process of regional identity formation, especially in Southeast Asia. The core mechanism through which this development takes place is that of interaction, the process in which the two regional groupings engage while negotiating human rights policy. It can be argued, therefore, that interregional and intraregional human rights interactions are mutually dependent. ASEAN's rather confrontational mode of interaction with the European Union in relation to human rights has served as a catalyst for the dynamic growth of a collective definition of self in ASEAN. It has led to an ‘essentialization’ of ASEAN's idea of self as opposed to a common other, something which has undermined the possibility of maintaining an interregional dialogue that is not confrontational. However, it has also contributed to the development of a regional space for communicating about human rights and has thus played a central role in the gradual transformation of ASEAN's collective identity formation.     

ASEAN and human rights: resisting Western pressure or emulating the West?

Abstract

Observers of Southeast Asian affairs commonly assume that the members of the Association of Southeast Asian Nations (ASEAN) are reluctant to pursue liberal agendas, and that their main concern is to resist pressure from Western powers to improve their human rights practice. This article, however, argues that such a conventional view is too simplistic. The Southeast Asian countries have voluntarily been pursuing liberal agendas, and their main concern here is to be identified as ‘Western’ countries – advanced countries with legitimate international status. They have ‘mimetically’ been adopting the norm of human rights which is championed by the advanced industrialized democracies, with the intention of securing ASEAN's identity as a legitimate institution in the community of modern states. Ultimately, they have been pursuing liberal agendas, for the same reason as cash-strapped developing countries have luxurious national airlines and newly-independent countries institute national flags. Yet it should be noted that the progress of ASEAN's liberal reform has been modest. A conventional strategy for facilitating this reform would be to put more pressure on the members of ASEAN; however, the usefulness of such a strategy is diminishing. The development of an East Asian community, the core component of which is the ASEAN–China concord, makes it difficult for the Western powers to exercise influence over the Southeast Asian countries. Hence, as an alternative strategy, this article proposes that ASEAN's external partners should ‘globalize’ the issue of its liberal reform, by openly assessing its human rights record in global settings, with the aim of boosting the concern of its members for ASEAN's international standing.     

From commitment to compliance: ASEAN's human rights regression?

Whether it is the persecution of the Rohingya, the disappearance of human rights activists, the general limiting of freedom of speech across the region, or the resumption of the arbitrary use of the death penalty, Southeast Asia can be said to be facing a human rights crisis. This human rights crisis is though occurring at a time when the region’s institution, the Association of Southeast Asian Nations (ASEAN), has never been so interested in human rights. After a lengthy period of time in which ASEAN either ignored, or paid lip service to human rights, the Association has created a human rights body – the ASEAN Intergovernmental Commission on Human Rights (AICHR) – and adopted an ASEAN Human Rights Declaration (AHRD). In this article, I utilize the Spiral Model to explain how, when ASEAN member states are regressing in their commitment to human rights, an intergovernmental body continues to promote their commitment and lay the groundwork for their compliance.     

NGOization and de-NGOization of Public Action in Nepal: The Role of Organizational Culture in Civil Society Politicality

Abstract

This article explores the relation between organizational culture and the politicality of civil society organizations, or rather their social construction as political. It is based on a case study of a network (NW) of human rights NGOs in Nepal during the last few years of a Maoist insurgency and the period of autocratic rule by ex-king Gyanendra, and its immediate aftermath. Through detailed ethnographic material, this article highlights the central role of the NW's organizational culture in allowing it to act in ways that were recognized as political. Specifically, it shows how a process of ‘de-NGOization’ of everyday practices and values enabled NW to become a credible actor for political change during a crucial period of Nepal's history. This article contributes to the ethnography of civil society, urges that more attention be paid to the relation of civil society to the political domain, and suggests ways forward in researching this topic.     

Democratization,regional integration,and human rights: the case of the ASEAN intergovernmental commission on human rights

Abstract

In the post‐Cold War era, the Association of Southeast Asian Nations (ASEAN) has attempted to maintain and enhance its institutional status in the Asia‐Pacific by increasing its membership and range of activities. ASEAN has tried to assume significant responsibilities for regional security and economic relations through initiatives like the ASEAN Regional Forum (ARF) and the ASEAN Free Trade Area (AFTA) and by demanding a major role in the Asia‐Pacific Economic Cooperation (APEC) forum. This paper critically evaluates ASEAN's attempts at institutional expansion. It argues that ASEAN lacks the political, economic and military resources necessary to play the dominant role that it envisions for itself within the Asia‐Pacific. Its attempts to increase its diplomatic weight by increasing its membership actually have the potential to undermine ASEAN's unity as well as its standing in the world community. The East Asian economic crisis is largely exacerbating ASEAN's inherent weaknesses. If ASEAN is to remain relevant in the twenty‐first century its members need to modify their expectations of the level of international influence that ASEAN can afford them. They must also use ASEAN to directly address issues of dispute between member states. There is little evidence that ASEAN's members are prepared to reform the organization in this way. Therefore, ASEAN is likely to lose its pre‐eminent regional status to other institutions, and may even fade into irrelevance, in the next century.     

Human Rights and Sovereignty in the ASEAN Path Towards a Human Rights Declaration

Sovereignty and non-interference principles are trademarks of the Association of South-East Asian Nations (ASEAN) regional approach. Starting from 1993, ASEAN has been developing a process aimed at creating a human rights system. This process reached its acme in August 2013 when the ASEAN Human Rights Declaration (AHRD) was formally launched. In the frame of the tension between sovereignty and human rights, the paper firstly analyzes the roots of the ASEAN path towards the creation of the regional human rights system grounded on the Vienna World Conference debate. Next comes an analysis of the political commitments assumed by ASEAN in the last 20 years in the process of creating a human rights body in the region. Furthermore, the paper presents an in-depth analysis of the most problematic issues connected with the nature, functions, mandate, and purposes of the ASEAN Intergovernmental Human Rights Commission (2009). This is followed by an analysis of the AHRD.     

Fortifying the future of human rights with human rights education

Abstract

Those scholars debating the health of the human rights movement completely ignore the role of human rights education, HRE. Whether it is Samuel Moyn and Stephen Hopgood declaring the demise of what they also term the “human rights project”, or Kathryn Sikkink defending it, none explore the effect HRE is having or can have. This article argues that those who neglect to recognize the substantial and substantive conversation going on in our institutions of higher education cannot provide a complete picture of the human rights project. It will demonstrate which of the naysayers Moyn and Hopgood's arguments are weakened by ignoring HRE and argue that Sikkink's recommendations for human rights efforts can be strengthened by HRE. Also explored is what HRE should learn from the critiques of these three scholars and how university HRE can be improved.     

Institutional transformation of ASEAN: ZOPFAN,TAC, and the Bali Concord I in 1968–1976

Abstract

Many international relations (IR) scholars discuss whether the Association of Southeast Asian Nations (ASEAN) possesses institutional utility in maintaining security in Southeast Asia or East Asia. While this has important implications for both academics and policy-makers, ASEAN's role has been too often evaluated in terms of what has persisted within the association rather than what changed. Yet, exploring the causes and processes of institutional transformation are particularly important because they have made ASEAN expand its security utility by creating security dialogues and fostering security cooperation in the region. In this context, the crucial question is: when and how has ASEAN changed?

Focusing on the causes and processes of institutional transformation which have occurred within ASEAN, this article explores ASEAN's transformation from 1968 to 1976, by using a theoretical model, developed from historical institutionalism and the punctuated equilibrium model. Applying this approach to institutional transformation of ASEAN in the political-security field, three transformation processes are constructed. First, ASEAN member states’ expected changes in the external security environment triggered internal discussions regarding ASEAN's political-security function; second, these internal political discussions fostered institutional consolidation of ASEAN during this period; and third, such direction of institutional transformation was fundamentally guided by ideas provided by institutional norm entrepreneurs (INEs), especially Malaysia's neutrality proposal.

In particular, this article examines the process of ASEAN's creation of the Zone of Peace, Freedom, and Neutrality (ZOPFAN) in 1971, and the Treaty of Amity and Cooperation (TAC) and the Bali Concord in 1976, and argues that this model shed light on the significance of ZOPFAN that created a foundation of TAC and the Bali Concord, for which conventional wisdom has dismissed as an insignificant institutional concept by academics and practitioners.     

Role conflict and the limits of state identity: the case of Indonesia in democracy promotion

This paper aims to analyse why Indonesia projects democracy as a state identity by taking on the role of democracy promoter? This paper argues that Indonesia's aspiring role as a democracy promoter is not a manifestation of a firm and coherent democratic political culture, which is more likely to be a permanent feature of states. Thus, rather than seeing it as firmly established state identity, instead, Indonesia's democratic identity should be seen as role conception articulated by foreign policy elites in its quest for international prestige. Its role as a democracy promoter has enabled Indonesia to enhance its other roles conceptions such as a regional leader in Southeast Asia as well as a bridge-builder at the global level. However, this paper further argues that Indonesia's role as a democracy promoter has also been hindered due to the inter-role conflicts arising from its enactment of multiple roles. As a result, Indonesia's enactment of the role as democracy promoter has relatively less impactful towards democratization in the region. To substantiate this argument, the paper examines Indonesia's strategies in promoting democracy and human rights in three case studies, namely Indonesia's role in mainstreaming human rights in ASEAN, Indonesia's democracy promotion through the Bali Democracy Forum, and Indonesia's engagement towards democratization in Myanmar.     

Applying the Environment Shaping Methodology: Conceptual and Practical Challenges

Abstract

Repatriation has long been the international community's preferred solution to refugee crises. This article argues that repatriation must be understood not in terms of physical return but as a process of political rapprochement between citizen, community and state. In particular, this work takes account of the need to accommodate community-based political identities. Repatriation should be conceived of as the deliberate remaking of a social compact between not only refugee-citizen and state but also refugee-nation and state. This offers a means for resolving the inherent contradiction between the notion of universal human rights and contemporary political organization which determines meaningful access to these rights on the basis of group or national identities. This is particularly important given the role of group-based conflict in causing mass refugee flight.     

What's Reconciliation Got to do With It? The International Criminal Tribunal for the Former Yugoslavia (ICTY) as Antiwar Profiteer

Abstract

This article argues that the actions and activities of the ICTY have not been beneficial to achieving reconciliation or stability in the Balkans, but to the contrary are part of the reason that parts of the region have remained unstable. This result should not be unexpected as there is very little evidence, if indeed any, that indicates that protracted tribunals like the ICTY (and unlike, therefore, Nuremberg), have ever had, or even could have, beneficial effects on reconciliation. It argues, further, that the primary beneficiaries of the ICTY have been international human rights lawyers and human rights agencies, and in the region itself, the political parties of indictees. Considering the amounts of money spent on the Tribunal compared to those spent on rebuilding the region it seems that the ICTY has functioned better as an antiwar profiteer than it has as a promoter of peace and reconstruction     

Defending popular sovereignty: discursive conflict in French and Swedish parliamentary debates on immigrant voting rights (1968-2017)

ABSTRACT

Through a discourse analysis of French and Swedish legislative debates from 1968 to 2017, this article examines how actors challenge and reinforce dominant ideas about the link between nationality and political rights. We argue that the broader political culture influences which discursive strategies – or ‘frames’ – are more likely to structure parliamentary debates in different national contexts. However, our analysis also shows that legislators sometimes develop new discursive frames in which they reinterpret dominant norms to make them consistent with their views. Through this incremental process of reinterpretation and reformulation of dominant ideas, debates over non-citizen voting rights have chipped away at the link between nationality and political rights. Our findings suggest that initiatives to enfranchise non-citizens trigger lower levels of conflict when they can be framed as a policy tool for immigrant integration rather than as a matter of popular sovereignty.     

State sovereignty,political legitimacy and regional institutionalism in the Asia-Pacific

Abstract

Regional institutions in the Asia-Pacific have been of limited efficacy. Asian members of organizations such as ASEAN and APEC have insisted that these institutions not infringe upon their sovereign rights. The basic norms, rules, structures and practices supporting these organizations have, to varying degrees, reflected this concern. A number of factors contribute to explaining this regional reluctance to create effective multilateral institutions. This paper argues that the single most important factor is the concern of most East Asian states with domestic political legitimacy. Drawing on the work of Muthiah Alagappa and Mohammed Ayoob, the paper demonstrates that a significant majority of the states of East Asia see themselves as actively engaged in the process of creating coherent nations out of the disparate ethnic, religious and political groups within the state. As a result, these states are reluctant to compromise their sovereignty to any outside actors. Indeed, the regional attitude towards multilateral institutions is that they should assist in the state-building process by enhancing the sovereignty of their members. As an exceptional case, Japan has encouraged regional institutionalism, but it has also been sensitive to the weaknesses of its neighbours, and has found non-institutional ways to promote its regional interests. The incentives to create effective regional structures increased after the Asian economic crisis, but Asian attempts to reform existing institutions or create new ones have been undermined by the issues connected to sovereignty. East Asian states recognize that they can best manage globalization and protect their sovereignty by creating and cooperating within effective regional institutions. However, their ability to create such structures is compromised by their collective uncertainty about their domestic political legitimacy. In the emerging international environment, being a legitimate sovereign state may be a necessary prerequisite to participating in successful regional organizations.     

China's dual strategy of coercion and inducement towards ASEAN

ABSTRACT

This article contributes to the discussion about China's divisive influence on the Association of Southeast Asian Nations (ASEAN). It argues that recent China–ASEAN relations are based on Beijing's successful implementation of a dual strategy of coercion and inducement. The effectiveness of this strategy is tested against the South China Sea disputes – the issue that lies in the core of regional security and a key platform of power display. The article outlines Beijing's recent interaction with individual ASEAN member-states and its implications for the regional multilateral diplomacy. While by no means identical, Beijing's dual strategy of coercion and inducement with individual ASEAN states have resulted in an effective abuse of the ASEAN consensus principle – a tactic often referred to as ‘divide and rule’. Consequently, the group's internal discord has further eroded and affected the institutional confidence of ASEAN. This article draws attention to the psychological effect of coercion as a perception of punishment, and inducement as a perception of reward.     

Enlarging the Euro Area: External Empowerment and Domestic Transformation in East Central Europe

Immigrants and their descendants are becoming increasingly visible in Germany’s political life. What determines immigrant political incorporation into parliamentary positions over time and in specific contexts? The article focuses on the regional parliaments of Germany’s 16 states. A comparative analysis enables us to specify whether, how and under what conditions factors thought to impact levels of immigrant representation are indeed influential and how they interact with local and situational conditions. The article first outlines immigrant representation in Germany’s states over time. It then discusses several possible explanations for the striking variation between states. Rather than one key factor, it is found that interactions between demographic, institutional, cultural and political conditions account for different levels of immigrant representation in Germany’s state parliaments.     

Book Reviews

Abstract

Stretching a third of the way around the globe, the Asia Pacific is the world's most populous region. Yet, it remains the sole region without a human rights court or commission, and without a human rights treaty. The notable absence there of a human rights mechanism based on such institutions is often explained away by reference to the region's size and heterogeneity, the constituent states’ reluctance to interfere in the affairs of others, and the existence of rivalries. Whilst agreeing that there is no inter-governmental initiative that looks set to change the present state of affairs in the Asia Pacific, this article places the spotlight on another model of creating a regional human rights mechanism, that is, the unique and burgeoning Asia Pacific Forum of National Human Rights Institutions. Specifically, it assesses the prospects for Japan, Taiwan and China – three key regional players whose membership of the Forum is still outstanding – to create domestic human rights bodies that eventually join.     

The human rights and 'Asian values' debate in Southeast Asia: Trying to clarify the key issues

This article investigates the validity of the concept of 'Asian values' in Southeast Asia, and attempts to explain and reconcile where possible some of the key differences between the position on human rights of ASEAN, which has remained semi-united despite internal tensions, and 'the West', particularly the US, and the non-governmental organizations' (NGOs) in the ongoing 'Asian values' debate. The article explores differences over the issues of the changeability of values and hence rights as these affect the 'universality' argument, the relevance of timing and sequence, the omission of crime by agencies other than the state as a source of human rights violations, and the controversial issue of the use of conditionality by the West. It is argued that, in fact, the debate principally concerns the question of what constitutes 'good government' and the 'good society', and takes the position that the question of how to achieve these is significantly influenced by the values of a government and a society.     

Courts and the politics of secrecy: national security,human rights and the importance of supranational oversight

Abstract

The article examines the use of state secrecy in court litigation concerning alleged gross human rights violations committed in the struggle against terrorism, focusing specifically on cases of extraordinary rendition and comparing the performance of courts in the United States, in Italy and the European Court of Human Rights (ECtHR). The article explains that national courts have validated the assertion by national governments of the state secret privilege in litigation involving cases of extraordinary rendition, ensuring de facto immunity to individuals involved in gross human rights abuses. On the contrary, it underlines that the ECtHR has pierced the veil covering these ‘deep secrets’, undertaking a strict scrutiny of acts of extraordinary rendition to torture committed by governments in the name of national security. As the article argues, the success of the ECtHR can be explained by a number of reasons, including distance, time and institutional design. In conclusion, the case law of the ECtHR on secrecy and national security confirms the continuing importance of supranational courts as instruments of external oversight on the human rights practice of European states.     

Theorising noncitizenship: concepts,debates and challenges

Abstract

Existing political theory, particularly which deals with justice and/or rights, has long assumed citizenship as a core concept. Noncitizenship, if it is considered at all, is generally defined merely as the negation or deprivation of citizenship. As such, it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. This article addresses this critical gap by defining the theoretical problem that noncitizenship presents and demonstrating why it is an urgent concern. It surveys the contributions to the special issue for which the article is an introduction, drawing on cross-cutting themes and debates to highlight the importance of theorising noncitizenship due to both the problematic gap that exists in the theoretical literature, and the real world problems created as a result of noncitizenship which are not currently successfully addressed. Finally, the article discusses key future directions for the theorisation of noncitizenship.