The Power Limitation of ASEAN Inter-Governmental Human Rights Commission Under the Perspective of ASEAN Charter in Case of the Rohingya Issue

Abstract

The ASEAN Inter-governmental Human Rights Commission (AICHR) was established in 2009 by the Association of Southeast Asian Nations (ASEAN) as their human rights commitment under Article 14 of the ASEAN Charter. This article is written under the perspective of ASEAN Charter to explain the power limitation of AICHR in case of Rohingya issue. It briefly explains the introduction of Rohingya issue, ASEAN, ASEAN Charter, Terms of reference (TOR) of AICHR, and AICHR through the hierarchy of AICHR as the inter-governmental body of ASEAN as well as the relationship between the AICHR and the Rohingya issue through the ASEAN Charter. It found that the Rohingya issue is overpowered of the AICHR to protect human rights due to the restriction empowered by the TOR. Hence the author suggests the ASEAN to revise the TOR by giving more powers on the human rights protection to the AICHR.