This book analyses marginalisation and human rights in Southeast Asia and offers diverse approaches in understanding the nuances of marginalisation and human rights in the region.
Throughout the region, a whole range of similarities and differences can be observed relating to the Southeast Asian experience of human rights violation, with each country maintaining particular aspects reflecting the variability of the use and abuse of political power. This book explores the distinct links between marginalisation and human rights for groups exposed to discrimination. It focuses on ethnic minorities, children, indigenous peoples, migrant workers, refugees, academics, and people with disabilities. This book highlights the disparities in attainment and opportunity of marginalised and minority groups in Southeast Asia to their rights. It examines how marginalisation is experienced, with case studies ranging from a regional approach to country context. Paying attention to how broader socio-economic and political structures affect different people’s access to, or denial of, their fundamental human rights and freedoms, the book argues that tackling human rights abuses remains a major hurdle for the countries in Southeast Asia.
Providing a broader conceptual framework on marginalisation and human rights in Southeast Asia and a new assessment of these issues, this book will be of interest to readers in the fields of Asian Law, Human Rights in Asia, and Southeast Asian Studies, in particular Southeast Asian Politics.
Author(s): Al Khanif, Khoo Ying Hooi
Series: Routledge Contemporary Southeast Asia Series
Publisher: Routledge
Year: 2022
Language: English
Pages: 222
City: London
Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
List of illustrations
List of contributors
Acronyms and abbreviations
Chapter 1: Introduction
Introduction
Why marginalisation matters
Southeast Asia and human rights
Objective and approach
Outline of chapters
Notes
References
Part I: Regional and institutional approaches
Chapter 2: The effectiveness of ASEAN cooperation in ending regional statelessness
Introduction
Mapping statelessness in ASEAN
ASEAN’s engagement with international law
Citizenship in ASEAN at a glance
The principles of jus sanguinis and jus soli
Naturalisation and registration at birth
Cooperation to ensure stateless persons’ rights
Conclusion
Notes
References
Main references
Citizenship and nationality laws
Chapter 3: Violations of the human rights of migrant workers in Southeast Asia
Introduction
General migration trends in Southeast Asia
Malaysia
Thailand
Singapore
Migrant workers and COVID-19
Malaysia
Thailand
Singapore
Employing a human rights-based approach towards migrants
Conclusion
Notes
References
Chapter 4: Regionalising the protection of disabled persons’ rights and their inclusion in the Southeast Asian community
Introduction
Disabled people in the regional context
The general regional framework
The specific regional framework
Domain 1
Domain 2
The next steps
Conclusion
Notes
References
Chapter 5: Reinventing the regional humanitarian order: Responses to the Rohingya refugee crisis from the UNHCR, ASEAN and South Asia
Introduction
The UNHCR and its response to Rohingya refugees
Criticism
Contesting paradigms
Refugee governance in Southeast Asia
Indonesia
Malaysia
Thailand
The limits to human rights diplomacy
Refugee governance in South Asia
Bangladesh
India
Pakistan
Comparative assessment and legal compliance
Conclusion
Notes
References
Part II: Country context and issues-based
Chapter 6: Challenges in protecting religious minorities in Indonesia
Introduction
Religion and the state
The foundations of a theistic secular state
The spread of persecution against religious minorities
Conclusion
Notes
References
Chapter 7: Narrating the “Moro” saga in Mindanao: The quest to safeguard indigenous rights
Introduction
The pre-2000 phase: initial trends in the Moro demand for autonomy
The post-2000 phase: trajectory of the Moro struggle for autonomy
The journey towards realising the BBL: challenges and the way ahead
Conclusion
Notes
References
Chapter 8: The problem of statelessness of the ethnic Chinese in Brunei Darussalam
Introduction
The ethnic Chinese and the concept of Melayu Islam Beraja
Statelessness as a human rights issue
Brunei and ASEAN’s commitment to democracy and human rights
Conclusion
Notes
References
Chapter 9: Filipino orientalism: The misrepresentation of Muslim Filipinos in the Philippine media
Introduction
Philippine media and the Muslim Filipinos
Deconstructing orientalism
Orientalism in Philippine media today
Othering
Muslim Filipinos as “malevolent”
Muslims as “unreliable negotiator[s]”
Generalisation
Objectification
Representation but no interviews of Muslims
Representation but expert opinions from non-Muslims
Representation without context
Representations of Muslim Filipinos during the COVID-19 pandemic
Conclusion
Acknowledgement
Notes
References
Chapter 10: In the name of national security: Thailand and the securitisation of the Rohingya
Introduction
Securitisation and forced displacement
Data and methods
Rohingya movement into Thailand
The securitisation of Rohingya movement
Motives for securitisation
Securitisation as an opportunity for the trafficking network
Conclusion
Notes
References
Main references
Thai government reports
Chapter 11: Fluid violence and the human rights of children in the Philippines: Through the lens of developmental legal aid
Introduction
Philippine leaps within ASEAN strides
Applying a developmental legal aid perspective
Limps despite the leaps
Muting the punitiveness of state authority
Criminalising childhood
Lacking responsiveness
Increasing vulnerabilities
Towards authentic children’s participation
Conclusion
Notes
References
Chapter 12: Marginalised academics under Joko Widodo’s authoritarian politics
The context: Indonesia’s authoritarian politics
Less debate, no tradition
Attacks and embedded feudalism
Patterns of violence
Conclusion
Notes
References
Index
