A/HRC/39/58
actors helps to identify and manage such problems and, in the best cases, literally ties all
three levels together into a closely functioning and self-reinforcing system.
40.
Conceptualizing successful regional mechanisms as integrated systems of
commitment, procedure and collaboration has important implications for ongoing efforts to
create new regional arrangements. First, it highlights the importance of the commitment of
member States but emphasizes that this factor does not exist in isolation. Collaboration with
domestic and international actors is required, even in the presence of strong member State
commitment, just as domestic and international actors cannot succeed without member
State commitment. This suggests that thinking sequentially is problematic when creating
new arrangements. Rather, a successful regional arrangement requires the parallel
development of self-supporting levels of collaboration, procedure and commitment. Modest
but balanced arrangements that are allowed to evolve organically may be more sustainable
than ambitious projects that seek to do too much too quickly.
41.
Guaranteeing the commitment of member States to a regional human rights
arrangement may be hindered because of different types of State governance. In contrast to
norms prevailing in other regions, many Asian countries regard human rights issues as a
domestic issue. Since non-interference in domestic affairs is one of the principles explicitly
underlying the ASEAN founding documents, efforts to internationalize human rights
protection within the ASEAN framework are expected to encounter procedural problems
Furthermore, Asian countries tend to prioritize government-centred policy initiatives for
creating economic development and accept the relegation of individual rights for the
collective good. 45 Those differences, combined with the growing economic and political
importance of Asia in the world, suggest that a simple transference of European models
may not be a realistic expectation.
42.
Strong commitment by a powerful country or small group of countries could be one
way to generate momentum for a regional arrangement in Asia. As we have seen, a similar
role was played by the United States in creating and financing the Inter-American human
rights mechanism. For many international regimes, the presence of a leading nation is very
important. However, many Asian powers do not appear to be willing to take on this role.
43.
Thus, there appear to be three possible routes to creating an Asian regional human
rights arrangement. The first is the narrow approach. That would consist of the creation of a
small subregional human rights arrangement that is geographically limited but marked by a
high degree of commitment, procedures closely modelled on best practices and deep
collaboration with international actors and civil society. For example, an Asian human
rights regime could be centred on a country with a strong human rights record and then
expand to neighbouring countries. That approach would have the advantage of maximizing
the protections for the inhabitants of member States in accordance with international
standards but could experience growth difficulties if its convention and enforcement
mechanisms were perceived as too intrusive.
44.
The second route is the wide approach. That would consist of the negotiation of a
broad and inclusive human rights arrangement that encompasses the entire region. Owing to
widely divergent cultural values, types of governance and member State preferences, a
successful agreement would necessarily reflect the lowest common denominator. In all
likelihood, such an organization would be underfunded, procedurally handicapped and
would limit the opportunities for civil society engagement. Nevertheless, its existence
would be highly symbolic, provide at least a modicum of protection to the largest number
of people and could help to encourage member States to show more commitment in the
future.
45.
The third route to a regional arrangement in Asia would consist of a networked
approach, which closely resembles the method adopted in Africa. That would consist of the
development of multiple and overlapping subregional mechanisms among like-minded
countries. Those mechanisms would not have the same procedures because compromises
45
See Amartya Sen, Human Rights and Asian Values (New York, Carnegie Council on Ethics and
International Affairs, 1997).
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