Legitimacy and centrality under threat: The case for an ASEAN response to human rights violations against the Rohingya

Abstract

AbstractThe progression of genocide cases against Myanmar through the international justice system highlights the absence of an Association of South East Asian Nations (ASEAN) response to the Rohingya crisis. This article argues that ASEAN's lack of intervention is undermining its legitimacy, and hence, centrality. The article begins by demonstrating that ASEAN's principles of noninterference and consensus have in the past been flexibly interpreted, and then asserts that to maintain legitimacy and centrality, ASEAN must do three things: it must be seen to be doing something commensurate with the gravity of the situation; it must demonstrate capacity to forge unity among its members; and it must demonstrate institutional integrity by adhering to its human rights commitments. The final part of this article then explores two ways in which ASEAN could more constructively respond to the Rohingya crisis: through the ASEAN Intergovernmental Commission on Human Rights; and the ASEAN Coordinating Center for Humanitarian Assistance.