In the world today the rights are in search of remedies. While there has been a relatively considerable progress in the economic development in some countries of the Association of South East Asian Nations (ASEAN), there has been no improvement in providing remedies for human rights abuse. In fact, some countries have not even ratified basic human rights instruments (see Table 1). The spread of the culture of human rights has been ideologically prevented such political doctrines as the peculiarity of Asian values.

This statement is an affirmation of the provisions in the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The reality in ASEAN countries contrasts sharply with this objective. From the ICCPR point of view, right to life implies that no persons should be deprived of his/her life or liberty except through the due process of law. And further, the international human rights movement insists that the death penalty needs to be abolished anyway. However, the death penalty still remains in many countries. Regarding the due process of law, we will comment under the section on fair trial.

Right to life also implies basic economic, social and cultural rights. Of these, the most important right is the right to food. The Indonesian Minister for Food, in a statement made in September 1998 to Parliament, has said that out of 308 regencies in Indonesia, 150 had a food shortfall, and 53 of the 150 faced a severe shortage. United Nations Children’s Fund (UNICEF) has also stated that four million children in Indonesia are facing a serious malnutrition problem. Burma and Cambodia too face serious problems of food availability. The massive problem of prostitution in several countries including Thailand indicates grave food problems faced by the women. The economic crisis now affecting all Asian countries have caused unemployment and will lead to cuts in welfare expenditure, which in turn will aggravate the food problem. Already in south Korea there were several instances of workers committing suicide (in some cases together with their families) as the workers have lost their jobs. Added to the international financial crisis, countries face harsh measures imposed by international financial agencies for receiving aid. Thus the food issue is likely to remain a vital human rights issue in the region.

Apart from the issue of food-related human rights violations, medical care and the availability of medical facilities are also issues of concern. In several countries in the region the availability of medical facilities for the rural masses and the urban poor are very scarce. In none of the countries is medical insurance a compulsory. While privatisation schemes have introduced advanced medical facilities in some countries, for example (Bangkok) Thailand, Malaysia and Singapore, the income levels of most of these countries will not allow a vast section of their populations to have the use of these medical facilities in case of serious illnesses. Indonesia, Burma, Cambodia, Laos and Vietnam are among the countries that face acute problems in these areas. Besides, the high cost of medical care in some countries is also due to the absence of a sufficient number of trained doctors.

Meanwhile, the spread of HIV/AIDS is life threatening to a considerable section of the population in several countries. In Thailand and Cambodia this problem figures most prominently.

In terms of the universal instruments of human rights, right to work is also a basic right. Article 7 of the ICESCR speaks of the right to just and favourable conditions of work that ensures fair wages of equal value, a decent living for workers themselves and their families, safe and healthy working conditions, equal opportunity for promotion on the basis of seniority and competence, rest leisure, reasonable limitations of working hours and periodic holidays with pay. However, this right has not being realised to a satisfactory degree in most of the countries in the region. The prevailing economic crisis is likely to make the situation worse. Some countries of this region attracted a large number of migrant workers to low-paying jobs during the last decade while others produced them. These migrant workers, of whom women constitute a very large portion, are threatened with termination of contracts and deportation due to the prevailing economic crisis. Generally, migrant workers do not enjoy any legal right in the countries in which they work.

Article 10 of the UDHR deals with the right to a fair and public hearing by an independent and impartial tribunal. The right to a fair trial is also linked to freedom from arbitrary arrest (Article 9 of the UDHR), the presumption of innocence until being proved guilty (Article 11 of the UDHR) and freedom from punishments under retrospective laws. These provisions are further elaborated in the ICCPR. These rights are known as due process rights and dealt with from Article 9 to Article 16 of the ICCPR.

There are serious violations of the rights relating to a fair trial in almost all countries in the region. The greatest obstacle to the achievement of the provisions relating to fair trial is the "national security laws" prevailing in most countries. The ASEAN region is known for its draconian "national security laws." In fact, the notions of national security expressed in the special security laws form an important part of the conception of "Asian values" which was promulgated by several ASEAN leaders in recent decades. This particular notion regards that sacrifice of civil liberties for the purpose of pursuing economic development is legitimate. The subordination of the population to the arbitrary will of the rulers is considered to be emanating from the traditional concepts of authority and the traditional relationship between rulers and the ruled. From such philosophical premises there flows the laws relating to indefinite period of arrests, once approved by the head of the State or an authority nominated by the head of the State. In Singapore, Malaysia, Indonesia, Burma, Cambodia and Vietnam, there are still extreme provisions of law to suspend the normal safeguards relating to freedom from arrest and detention.

Regarding the offences under national security laws, the need to follow the criminal investigation processes can also be suspended. In fact, the power over persons being brought under national security laws is usually transferred from the criminal investigation police to various branches of special police. The duty to bring people before the judiciary is also usually suspended regarding persons being arrested under national security laws. The usual rule of not admitting statements made under police custody as evidence does not apply under national security laws. Self-incriminating statements obtained by use of force are also not excluded under these provisions.

Apart from national security laws, even the normal laws do not provide for fair trial in many countries due to either weak laws or absence of laws in this regard. The current debate in Thailand on this issue is interesting. There are many acts that are considered generally as crimes in most countries but not in Thailand due to the absence of legal definition of such crimes. In Cambodia, only 42 offences are defined as crimes. Before the promulgation of the Transitional Provision of Criminal Procedure in 1992 there were only eight crimes being recognised in Cambodia. In most countries there are no legal provisions relating to corruption, illegal logging, environmental crimes and the like. The absence of definition of crimes implies impossibility of conducting trials relating to such activities.

Fair trial also implies the presence of a criminal investigation authority, which conducts investigations into crimes according to norms and standards generally accepted for such investigations. A fundamental aspect of criminal investigation is the rules relating to the post-mortem inquiries. While in a country like Cambodia, Vietnam and Laos there are no provisions for post-mortem inquires, in Burma the rules established during the colonial times have now been forgotten due to the general breakdown of the judicial process. This is also the case in Indonesia. Some countries suspend the laws relating to post-mortem inquiries during the operation of national security laws. The complete absence of forensic facilities in some other countries and inadequacy of such facilities also adversely affect the criminal investigation processes, which are the foundation of a fair trial.

A well-trained police force, which enjoys the confidence of people, is an essential part of the criminal investigation process. The public perception of corruption is generally attributed to police in most countries of the region. Exceptions to some degree may be the Singaporean and Malaysian police who are better paid than those in other countries. Some countries such as Cambodia, Burma and Indonesia cease to have competent police due to the loss of traditions as a result of civil war, militarisation and grossly inadequate payments to the police.

The independence of the judiciary is another essential requirement for guaranteeing the right to a fair trial. Basic principles on the independence of the judiciary endorsed by the U.N. General Assembly in December 1948 lays down the norms and standards for the realisation of judicial independence. Although Article 2 of the UDHR lays down that the judiciary should act without any restrictions, improper influences, inducements, pressures, threats or interference, direct or indirect, from any quarter for any reason, most countries in the region cannot claim to have such a situation. While more blatant form of control is exercised in some countries, in few others pressure is exercised in more political cases.

All these factors contribute to the poor observance of the right to fair trial in the countries of the region.

This right is guaranteed by Article 21 of the UDHR. This right includes the right to take part in the government of a person’s country, directly or through freely chosen representatives; equal access to the public service; the will of the people to be the basis of authority of the government, which shall be expressed in periodic and genuine elections that shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. This right is further elaborated in Article 25 of the ICCPR.

This right is very much related to other rights guaranteed under the freedom of opinion and expression, the right of peaceful assembly and association, and the rights relating to the freedom of the press.

In almost all ASEAN countries there are serious problems relating to the respect for these rights. In Indonesia, this right was virtually absent since the military take-over in 1965. The basic rule was presidential rule under the military dictatorship. In Burma, this right has ceased to exist since the military take-over in 1962 by General Ne Win. Although an election was held in 1989, the power was not handed over to the political party that received an overwhelming mandate from the Burmese people and the military has continued its rule up to now. In Cambodia, the first election was held in May 1993 but the power was not transferred to the winning party. As a result a coalition-form of government was formed. An election was again held in July 1998. However, this has not yet led to the formation of a government. The elections in Singapore have been held generally with severe restrictions on political parties other than the ruling party. The principle of electing governments has not yet been recognised in Vietnam and Laos. Perhaps the only countries that have made some progress in this direction are Thailand, which has recognised a new constitution, and the Philippines after the overthrow of the Marcos regime.

The free functioning of political parties is essential to the exercise of the right to take part in the government of one’s country. However, except for the Philippines and Thailand, free functioning of political parties still remains a difficult concept to be accepted in practice. The use of national security laws is very much directed towards obstructing political activities of opposition parties. The free functioning of opposition parties is considered as an obstacle to economic progress and development in the prevailing conception of development in the ASEAN countries. One-party rule has generally been promoted as conducive to development and social stability.

The restriction on participation in government directly or through representatives is also linked to the freedom of the press, freedom of expression in general and freedom of assembly. In many countries in the region there are restriction on the freedom of the press. These restrictions are very much a part of the "national security laws" in countries such as Singapore, Malaysia and Indonesia. In Cambodia, the restriction to the freedom of the press comes directly from the law relating to the press. Besides the direct application of law, there is also the intimidation caused by unidentifiable groups. There have been several killings of journalists in Cambodia, and no journalist has any legal access in Burma. The freedom to conduct political debates relating to matters affecting the life and liberty of persons is restricted in many of the countries through various means. Some countries use defamation laws to restrict discussion of political issues.

What is very much related to the right to freedom of expression is the right to information. The right to information is perhaps the most neglected right in the ASEAN region. In none of the countries are there any established mechanisms to enable the citizens to obtain information from the government. In many instances, investigations into the complaints relating to corruption of State officers are not possible due to the lack of legal obligation on the part of the government to reveal information to the public. While the constitutions of the Philippines and the new constitution of Thailand recognise the right to information, constitutions of most other countries in the region do not recognise this right.

According to Article 7 of the ICCPR, "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical and scientific experimentation."

This right is generally neglected in some countries such as Indonesia, Burma and Cambodia, while in some other countries special categories of persons such as persons arrested under national security laws do not enjoy this right. Due to restriction on judicial access and human rights monitoring, it is difficult to assess the extent of violation of this right during the periods of prevalence of such national security laws.

In Thailand, there is still the practice of the use of heavy scales on prisoners. This practice is usually justified on the ground of preventing escapes of prisoners while they are transported to courts or other places. However, the practice amounts to inhuman and degrading treatment. In countries such as Thailand, Indonesia, Burma, and Cambodia, the prison conditions are extremely primitive and the imposition of such conditions on convicted prisoners amounts to inhuman and degrading treatment. Particularly, illegal migrants are exposed to harsh conditions in prisons in Malaysia and Thailand.