‘Kat Mai Ploi’ – bite and don't let go: motherhood and pursuits of justice in Thailand

This article examines the long-term struggles of two Thai mothers to define and attain their visions of justice: one to recover land flooded by a state dam project and the other to defy a municipal order to demolish her house for a vehicle turn-around. In particular, it studies how tropes and institutions of motherhood and human rights articulate with, and provide social and political resources to one another as these two women fight to lay claim to traditions of rights specific to Thai society.     

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.     

Explaining the Vientiane Action Programme: ASEAN and the institutionalisation of human rights

Abstract

Existing explanations for the emergence of human rights on the political agenda in ASEAN focus either on the role of external pressure on ASEAN member states to ‘do something’, or on the way those states copied the form, but not the function, of other regional organisations such as the EU. Both approaches tacitly acknowledge that given the strong preference for intergovernmental governance displayed by ASEAN, regardless of interpretations, that it was states that drove the institutionalisation of rights forwards. Through examining in detail the causes and consequences of the Vientiane Action Programme this article disagrees with that assertion. At crucial moments before and after 2004 it was the Working Group for the Establishment of an ASEAN Human Rights Mechanism, a track III actor, which both inserted human rights into ASEAN discussions and forged the link between protecting those rights and the continuing success of ASEAN's security goals. Through understanding the role of the Working Group as a norm entrepreneur, assisting in the localisation of human rights standards, this article suggests that existing explanations of ASEAN institutionalisation need to be revised to include a wider range of political dynamics than previously were acknowledged.     

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.     

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.     

Unravelling Equality: The Impact of the United Kingdom's Spending Cuts on Women

This article examines a report on the likely impact of the spending cuts on women. The report, Unravelling Equality: A Human Rights and Equality Impact Assessment of the Spending Cuts on Women in Coventry, concludes that the public spending cuts will increase inequality between women and men. For some women the cuts may have serious negative effects on their human rights. The article argues that this report provides a blueprint for the kind of analysis which should be carried out all over the country to ensure that the impact of spending cuts on women is better understood and acted upon.     

Feminism in a global era

Feminism is being re-shaped by its articulation through a global discourse of human rights and an increased focus on state interventions. This is partly a result of the transition in the gender regime changing the economic and political resources and opportunities open to women and partly due to globalization. Globalization has not only created difficulties for democratic governance, but it has also facilitated the development of new spaces, institutions and rhetoric where universal human rights is a powerful justificatory principle.     

联合国国际人权两公约之背景,内容与意义

联合国国际人权两以约是国际社会在人权保护方面最重要的两个公约。两公约诉产生过程,内容和执行体系,都表明国际社会在人权保护领域既普遍的共识,也有尖锐的分歧。两公约本身即是求同存异的产物,它是尽可能地融合了东西方国家对人权的不同理解,充实和发展了《联合国宪章》中关于基本人权的内容和为人权领域的国际合作提供了国际法依据。但是,人权进行国际法领域,并不意味着可以把人权作为攻击或干涉他国内政的工具,借口不人     

What comes first,democracy or human rights?

Minimalists about human rights hold that a state can have political legitimacy if it protects a basic list of rights and democratic rights do not have to be on that list. In this paper, I consider two arguments from Benhabib against the minimalist view. The first is that a political community cannot be said to have self-determination, which minimalists take to be the value at the heart of legitimacy, without democracy. The second is that even the human rights protections minimalists take to legitimize institutions cannot be had without democracy. These rights can only be adequately interpreted and specified for any social context if the interpretations and specifications result from democratic processes. Here, I bring out some important problems with these arguments and so conclude that they do not represent a robust case for rejecting minimalism.     

Rethinking Human Rights in York as a Human Rights City

Human rights is in crisis in the UK. It lacks significant political backing and public support. This ‘insider account’ of York becoming a human rights city suggests that there is a need to rethink approaches to human rights. The article looks at the strategies adopted in the city; the annual city‐based indicator report which provides the key reference point for all local activities; and the declaration of York as a ‘human rights city’ in 2017 alongside its subsequent impact. The discussion is linked to two debates within human rights: how to define and build a culture of human rights, and what it means for human rights to be truly relevant at a local level. The new approach advocated can be summarised as participatory, locally informed, and related to everyday concerns.     

Black and White Unite? The Clinton–Obama Campaigns in Historical Perspective*

Senators Hillary Clinton and Barack Obama are battling to win the Democratic party's nomination as presidential candidate in 2008. Never has a white woman or a black man been so close to entering the White House. Standing in their way is Republican Senator John McCain, who would be the oldest white male ever to become US president. A possible spoiler for any of the three is the perennial campaigner, Ralph Nader. The political, social and economic histories of women and African Americans have been entwined, often to the cost of the other, since before the American Civil War. Before World War I the issue was the suffrage; then came the struggles for (women's) equal rights and (African American) civil rights, particularly after World War II. These narratives, with the related cross‐currents of class and ethnicity, are explored in relation to contemporary history and politics, especially the continuing gender and racial ‘gaps’ in US society.     

Muhamesheen activism: enacting citizenship during Yemen’s transition

Political divides often take center stage in studies of Yemen, but the social fabric of Yemeni society is also highly heterogeneous, governed by norms that sharply define boundaries between different social strata. The Muhamesheen, or the marginalized are assumed to have an African origin, and constitute a class of untouchables who in a moralizing discourse on the Mohamesheen prevalent in Yemeni society, claims their inability to practice or possess moral virtues. Along with other groups active during the uprising of 2011, the Mohamesheen demanded equal citizen and an equal state, demands that were accompanied by a new solidarity that recognized the diversity of identities among Yemenis. This possibility for new overarching solidarities was soon closed again during the subsequent transition phase outlined in an agreement known as the GCC agreement, lasting from March 2012 to February 2014. It was supposed to lead towards a ‘new Yemen’, but failed utterly to do so. During the transitional phase, however, in conventional political activism and in subversive acts in public arenas, citizenship was enacted by Muhamesheen activists who did not accommodate a Muhamesheen women’s agenda; neither did Yemeni women’s organizations.     

The Review of Victoria's Guardianship Legislation: State Policy Development in an Age of Human Rights

This article considers the Victorian government's decision to review the state's guardianship legislation and notes the significant place international human rights developments are playing in that review. The article recognises the opportunities these developments present for reworking the guardianship legislation to increase the autonomy and decision-making power of people with disabilities, but also considers the challenge these developments present to ensuring that society continues to protect its most vulnerable citizens.