Human rights and regionalism in Southeast Asia

I have two aims in this dissertation. The first is to record an extraordinary period of human rights institution-building in Southeast Asia. This period began in 2007, with the signing of the Charter of the Association of Southeast Asian Nations (ASEAN). The Charter explicitly links the purpose of ASEAN with the strengthening of democracy and the protection of human rights and provides for the establishment of an ‘ASEAN Human Rights Body’. This body was established in 2009, as the ASEAN Intergovernmental Commission on Human Rights. The Commission’s first task was to draft the ASEAN Human Rights Declaration, which was completed and adopted by ASEAN Heads of State in November 2012. In the context of the political diversity of Southeast Asia, the region’s historical resistance to international human rights law, and the long shadow cast by the ‘Asian Values’ debate of the 1990s, I ask the following questions: What factors explain the establishment of these institutions? How deep is ASEAN’s new commitment to human rights and democracy? What do these institutions augur for the way rights are realised in Southeast Asia? My second aim is to explore and test my theory that regional institutions possess a particular legitimacy in the promotion and protection of human rights. The theory is driven by a simple observation. Since the end of World War II, the discourse of human rights has become, to borrow a phrase used by Charles Beitz, ‘the common moral language of global society.’ Yet the original post-World War II vision of a legalised international human rights order (with judicial oversight, mechanisms for enforcement, and sanctions for non-compliance) has faded. The global human rights system works by setting standards, which are then invoked (by domestic and international non-governmental organisations, members of civil society, political oppositions, the international community) to persuade, shame or coerce states into compliance. The problems are: change is very slow, many states (both predatory and decent) are resistant to influence, and in circumstances of exception (civil conflict, war, political crisis) when human rights are most vulnerable to abuse, the system is least effective. The failures of the global system are many and patent. On the other hand, states seem more willing to subscribe to binding norms promoted by regional organs of restricted membership. Regional systems now exist under the auspices of the Council of Europe, the Organisation of American States, the Organisation of African Unity, the League of Arab States and most recently, the Association of Southeast Asian Nations. Scholars have observed that there seems to be a ‘directness of association’ between members of regional organisations, which positively influences (or has the potential to influence) causal processes such as socialisation, binding, monitoring and enforcement. My theory is that regional factors such as smaller numbers, deeper levels of integration, greater consensus around the importance of certain societal values, similar geographic characteristics and shared economic and security interests, create the conditions for legitimate governance. I test my theory using a case study of Southeast Asia and its new institutions. In the end, my conclusion is that in circumstances where regions possess low levels of democracy, then regional human rights systems do not possess a particular legitimacy. The nature of democracy, the relationship between democracy and human rights, and the deficit of democracy in Southeast Asia are at the heart of my explanation about why Southeast Asia’s nascent human rights system (currently) lacks legitimacy

Human Trafficking in Southeast Asia: Uncovering the Dynamics of State Commitment and Compliance

In the deep jungle that lies along the border between Thailand and Malaysia are the graves of hundreds of Burmese and Bangladeshi migrants. The graves were discovered by Thai and Malay authorities in May and July 2015, near deserted camps littered with chains and barbed wire cages. Some of the camps had been abandoned for many years, others only recently.' In the village of Tah Loh, local security guard Da-oh Saengmae recounted a hunting trip during which he sighted a set of graves in the jungle a mile across the Malaysian border: "I saw small stones and leaves and branches placed on top. I was afraid. We all just got away from the area. I knew it was the refugees - who else would be buried in the jungle?

Global or regional? Realizing women's rights in Southeast Asia

The establishment and strengthening of regional human rights institutions has been hailed as a positive and practical step towards the more effective protection of human rights. But the effectiveness of regional systems depends in large part on prior ideological and institutional commitments to democracy and human rights in states within the region. Using the example of women's rights in Southeast Asia, this article considers how the dynamics of change work in and among regions where a majority of states are not liberal democracies. This article argues that in circumstances where states are not already committed to democracy and human rights, then premature attempts to promote norms at the regional level actually undercut efforts to positively shape the behavior of states. In contrast, norms articulated at the global level, through global instruments and institutions, have comparatively greater power to procure change

Joining the club: the Asia Pacific Forum of National Human Rights Institutions, the Paris Principles, and the advancement of human rights protection in the region

The Asia Pacific Forum of National Human Rights Institutions (APF) is a membership organisation of national human rights institutions (NHRIs) from across the Asia Pacific region. As at the end of 2008, there were 14 full members and three associate members. The underlying eligibility criterion for membership is compliance with the United Nations Principles Relating to the Status and Functions of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles). Full membership is open to those NHRIs which comply with the Paris Principles, candidate membership is available to those which do not do not fully comply with them but which could do so within a reasonable period of time, and associate membership is available to those NHRIs which do not comply with the Paris Principles and are unlikely to do so within a reasonable period. This article explores the way in which APF membership criteria have been applied by the Forum in its assessment of applications for membership and for upgraded membership (and in its other activities), and considers whether this has resulted in greater compliance by potential and existing members of the APF with the Paris Principles. It examines the APF’s activities in relation to its membership procedures within the framework of writing about transnational government networks as a form of international governance

'A tongue but no teeth?': The emergence of a regional human rights mechanism in the Asia Pacific region

In November 2007, the Association of South East Asian Nations ('ASEAN') leaders undertook to establish an ASEAN Human Rights Body ('AHRB'). While ASEAN Member States have been divided over the new mechanism's structure and function, the High Level Panel charged with its implementation is evidently working towards December 2009 as the date for the AHRB's establishment. This development takes place in the light of the creation of close to 20 national human rights commissions in the Asia Pacific region in the last few decades. In many cases, the Asia Pacific Forum of National Human Rights Institutions ('APF'), a network of national human rights institutions ('NHRIs'), has facilitated their establishment and development. With reference to the origins and work of other regional human rights mechanisms, this paper explores the rationale for and efforts towards establishment of a regional human rights commission in the Asia Pacific; the extent to which the emergence of NHRIs has contributed to the AHRI3 initiative and how NHRIs might influence its form and operations; and the historical and prospective role of regional networks such as the APF in contributing to human rights protection in the region and in relation to any ASEAN subregional human rights mechanism

The influence of immunodeficiency, disease features, and patient characteristics on survival in plasmablastic lymphoma

Plasmablastic lymphoma (PBL) is a rare and aggressive non-Hodgkin lymphoma associated with immunodeficiency, characterized by uncertain treatment approaches and an unfavourable prognosis. We conducted a multicenter, international, retrospective cohort study, aiming to characterize the clinical features, risk factors, and outcomes of patients with PBL. Data were collected from 22 institutions across four countries regarding patients diagnosed with PBL between 1 January 1999 and 31 December 2020. Survival risk factors were analyzed using both univariate and multivariate regression models. Overall survival (OS) was calculated using Kaplan-Meier statistics. First-line treatment regimens were stratified into standard- and higher-intensity regimens, and by whether they incorporated a proteasome inhibitor (PI). A total of 281 patients (median age 55) were included. Immunodeficiency of any kind was identified in 144 patients (51%), and 99 patients (35%) were HIV-positive. The five-year OS for the entire cohort was 36% (95% CI 30-42%). In multivariate analysis, inferior OS was associated with EBV-negative lymphoma, poor performance status, advanced stage, and bone marrow involvement. In an independent univariate analysis, the IPI was associated with OS outcomes. Neither immunosuppression, nor HIV infection specifically, influenced OS. Among patients treated with curative intent (n=234), the overall response rate was 72%. Neither the intensity of the treatment regimen nor the inclusion of PIs in first-line therapy was associated with OS. In this large retrospective study of PBL patients, we identified novel risk factors for survival. PBL remains a challenging disease with poor long-term outcomes

The Influence of Immunodeficiency, Disease Features and Patient Characteristics on Survival in Plasmablastic Lymphoma

Plasmablastic lymphoma (PBL) is a rare and aggressive non-Hodgkin lymphoma associated with immunodeficiency, characterized by uncertain treatment approaches and an unfavourable prognosis. We conducted a multicenter, international, retrospective cohort study, aiming to characterize the clinical features, risk factors, and outcomes of patients with PBL. Data were collected from 22 institutions across four countries regarding patients diagnosed with PBL between 1 January 1999 and 31 December 2020. Survival risk factors were analyzed using both univariate and multivariate regression models. Overall survival (OS) was calculated using Kaplan-Meier statistics. First-line treatment regimens were stratified into standard- and higher-intensity regimens, and by whether they incorporated a proteasome inhibitor (PI). A total of 281 patients (median age 55) were included. Immunodeficiency of any kind was identified in 144 patients (51%), and 99 patients (35%) were HIV-positive. The five-year OS for the entire cohort was 36% (95% CI 30-42%). In multivariate analysis, inferior OS was associated with EBV-negative lymphoma, poor performance status, advanced stage, and bone marrow involvement. In an independent univariate analysis, the IPI was associated with OS outcomes. Neither immunosuppression, nor HIV infection specifically, influenced OS. Among patients treated with curative intent (n=234), the overall response rate was 72%. Neither the intensity of the treatment regimen nor the inclusion of PIs in first-line therapy was associated with OS. In this large retrospective study of PBL patients, we identified novel risk factors for survival. PBL remains a challenging disease with poor long-term outcomes