The role of networks in the implementation of human rights in the Asia-Pacific region

The aim of this chapter is to challenge the focus on 'institutions' (the lack of them, their potential, how to build them) in discussions about human rights in the Asia Pacific region. I argue that the 'European paradigm' of 'third party institutions delegated with the power to impose top-down binding rules on sovereigns enforceable by third-party judicial resolution', is not the only effective form of implementing human rights. In particular, it is argued that an emphasis on such institutions ignores the power of networks. In the vast and heterogeneous regions of Asia and the Pacific, networks are well-suited to 'the progressive, incremental elaboration of human rights norms which are implemented largely voluntarily'. The argument here is not that networks are or can be a substitute for formal institutions, but that networks represent a significant, and already present, force for the implementation of human rights. This chapter argues that one network in particular has been influential in advancing international human rights within the Asia Pacific region. The Asia Pacific Forum of National Human Rights Institutions ('APF') is an association of state-based human rights institutions, which are established constitutionally or legislatively, with a mandate to promote and protect human rights. The network facilitates the exchange of information between its members, forges links between staff in different institutions and disseminates technological expertise. The network provides members with information about best practice and operational efficiencies, collates and disseminates human rights legislation, casework, techniques, procedures and outcomes particular to national institutions both within and outside the region. In the period since its inception in 1996 the network has contributed to the 'incremental growth of shared perceptions fostered by participation in processes of norm evolution which are deemed to be fair and open'. This argument is illustrated, in the final section of this chapter, by a case study of the APF's efforts to advance a particular issue-area - abuse of human rights on the basis of sexual orientation and gender identity.