Legalisasi Deklarasi HAM ASEAN
Abstract: On November 18,
2012, ASEAN countries signed ASEAN Human Rights Declaration. Since structured
as a draft, this declaration has drawn controversy. The supporters argued that
the declaration is a starting point for ASEAN countries to respect human
rights. The Opponents considered that the declaration actually provide
opportunities for ASEAN countries to commit human rights violations. Although
both arguments are right, there is one thing that need to be underlined that
the ten ASEAN countries have already signed the ASEAN Human Rights Declaration.
This paper will examine the legalization of the ASEAN Human Rights Declaration.
By examining its three dimensions -obligation, precision and delegation- ASEAN
Human Rights Declaration is categorized as a soft legalization. The obligation
of ASEAN Human Rights Declaration is low because it has no binding force. All
ASEAN countries do not have obligation to implement the articles of the
declaration. The precision of the declaration is also low because the words
used in the declaration are ambiguous. It provides opportunities for the
members of ASEAN countries to interpret them in different ways. Finally, the
delegation of the declaration is also low because there is no third party that
has authority to monitor the states’ compliance to the declaration and resolve
conflicts that arise in case of human rights violations.
Penulis: Imelda Masni Juniaty
Sianipar
Kode Jurnal: jphubintdd140271
