Sovereignty Over Rights? Realism and Regime Theory Analysis of the ASEAN Intergovernmental Commission on Human Rights

Abstract

This article argues that the ASEAN Intergovernmental Commission on Human Rights (AICHR) is a product of realist logic, designed to reflect the strategic interests of ASEAN member states rather than to achieve rights protection. Rather than being an institution intended to evolve into an independent body, AICHR was designed to ensure that it would not pose a threat to state sovereignty. This structural constraint, codified in its Terms of Reference, were not accidental, but the outcome of political negotiation aimed at preserving national autonomy in the face of international human rights expectations. As a result, AICHR functions less as a regional rights nightwatchman and more as a diplomatic buffer, projecting an image of regional engagement while maintaining strict limits on oversight. This analysis contends that AICHR's structural weakness is not a transitional phase, but an enduring feature of a realist-informed regional order that prioritises sovereignty and regime security above human rights enforcement.