Counter-Terrorism and the Risk of Human Rights Violation within ASEAN: Narrative of Balancing between Security and Human Rights

Abstract

For many years Association of Southeast Asian Nations (ASEAN) Member States were involved with terrorism phenomena. After the 11 September 2001 attacks in the United States a number of ASEAN Member States enacted legislation adopting legal anti-terrorism measures, but their anti-terrorism legislation has increased the risks of violation of human rights in the region. Hence the present article considers counter-terrorism measures and necessity of balance between respecting for human rights and maintaining securities simultaneously. Unlike many other researches on terrorism in Southeast Asia, this article provides a critical overview to human rights violations by existing anti-terrorism legislation in ASEAN region. It is argued that the State‟s counter-terrorism policies have to be conforming to international human rights rules besides harmonizing with local circumstances. Finally the article provides the reflection of counter-terrorism measures and the risks of human rights violation in Malaysia as a case study.