Mindanao Human Rights and the Rule of Law

Discussion of the U.S. pivot to Asia have often paid little attention to human rights and the rule of la, even on the practical level of shear implementation. Scholars and practitioners most animated by the implications of the pivot tend to be those engaged in military analysis or economic diplomacy, relegating human rights consideration - in practice of not in design - to level of secondary concern.

Such a narrow view of the pivot as enunciated by U.S. policymaker. Time and again, the Obama administration has underlined that the pivot is an all-encompassing enterprises, concerning not just security, whose role has been over emphasized, but also human rights, democracy and the rule of law. Human rights are an avowed components of the pivot and will be affected by the wider elements of American "re-balance".

When considering Europe's role, these changes present both opportunities and threats. The Europian Union - the primary focus of the treatment of Europe in this chapter - constitutes itself internally on a rule of law basis and, in its external relations, emphasizes, the primary of rules, both in inter-state relations and in terms of the social contract at the level of the nation-state. As such, it has a clear stake in changes to the human rights environment in Asia. The pivot also concerns transatlantic relations in the human rights field. One of the clearest achievements if the partnership between Europe and United States in the post-war era was the construction of the prevailing human rights regime. As the United States reorients its attention to Asia questions may be raised about the sustainability of this transatlantic concensus. Will the United States and Europe maintain a common approach to global human rights issues, or will they engage in a "race to the bottom", substituting human rights concerns for alliance-building and market entry?

The United States and Europe confront a mixed human rights environment in Asia. Over the past decades there have been improvements in terms of individual freedoms, good governance and democracy, with several states making the transition away from authoritarianism. In recent years, signs of an opening in Burma/Myanmar have been particularly welcome. Nevertheless, flagrant abuses in many Asian countries persist. Until recently, Asia had been the only region of the world without an inter-governmental human rights regime, and the system that is slowly being put into place continues to be the target of strident criticism. The need of international engagement is clear.

As the united states implements its pivot, and as Europe considers its response, careful attention will be necessary, from civil society and elected officials, to ensure that the commitment to human rights in policy statements is realized. Both American and European officials must ensure that human rights concerns are not sacrificed for "wider" aims and that requisite support for rule of law initiatives - crucial for individual freedoms as well as inter-state reconciliation - remains strong. As Asia's rise gains momentum, whether their engagement is divergent, both geographically and in terms of priorities, will have a lasting effect on rights standards at the global level.

This chapter opens with a discussion of the place that human rights and the rule of law have in the pivot as expressed by U.S. officials and the current status of the European response. It then briefly introduces the notion of a "transatlantic values agenda" in this field and the challenges that U.S. and European conceptualization of human rights face in Asia, where dominant traditions diverge from "universalism." The ends and means of both U.S. and European strategy of human rights and rule of law promotion are subsequently discussed, with a focus on methods of engagement at the domestic, regional and international level. The chapter concludes with concrete recommendations for U.S. and European actors to strengthen existing human rights interventions and to adapt activities to the changing geopolitical context.