HUMAN RIGHTS IN ASEAN: A CRITICAL REVIEW OF THE LITERATURE AND ITS CONTESTED EVOLUTION

This review article provides a comprehensive and systematic synthesis of the historical trajectory, theoretical underpinnings, and structural constraints that define the ASEAN Intergovernmental Commission on Human Rights. By mapping the evolution of regional integration from the early, piecemeal efforts of the 1980s to the formal inauguration of the ASEAN Intergovernmental Commission on Human Rights in 2009, the article identifies 1993 and 1997 as watershed moments driven by external pressures and internal financial crises. The paper evaluates diverse theoretical perspectives, including constructivist accounts of identity formation, rationalist interpretations of external legitimacy, and critical analyses of performative ritualism. A primary focus is placed on the structural and normative limitations imposed by the ‘ASEAN Way,’ where the foundational norms of noninterference, state sovereignty, and consensus-based decision-making frequently restrict regional bodies to a promotional rather than protective mandate. This paper examines the 2012 ASEAN Human Rights Declaration and the marginalization of civil society within a system of regulatory regionalism. In conclusion, in an assessment of emerging 21st century challenges such as digital governance and economic rights, the article argues that while the regime remains structurally limited, it has established an irreversible and permanent platform for normative contestation within Southeast Asia. The analysis concludes that the future of human rights in the region depends on the ability of these institutions to transition toward more rule-based, protective functions.