A Vision for South Asia: Establishing a Regional Human Rights System

The SAARC framework can be used

It was a crisp December morning when I was invited to speak at the Lincoln Corner, Bahauddin Zakariya University, Multan, to celebrate International Human Rights Day. Although the session was delayed, the organizers emphasized my expertise in human rights, and our discussion ultimately centered on this vital theme. I had planned to introduce the concept of regional human rights systems to eager students from law, political science, and international relations backgrounds. However, as the conversation unfolded, I found myself dwelling on the stark reality: unlike other regions, Asia—and particularly South Asia—lacks a dedicated regional mechanism to protect and promote human rights.

South Asia must dare to dream. Despite its challenges, the region has the potential to build a system that safeguards human rights for generations to come. By focusing on the possibilities rather than the pitfalls, we can keep the hope alive and push for a better tomorrow

This realization struck a chord with the students and with me. What would it take to create a South Asian human rights system? What lessons could we draw from the successes and failures of other regions? And most importantly, how could this idea become a reality in one of the most diverse and conflict-ridden parts of the world?

Why South Asia Needs a Regional Human Rights Framework

South Asia is home to over a quarter of the world’s population and faces some of its most pressing human rights challenges. Afghanistan’s prolonged conflicts have produced one of the largest refugee populations in the world, with neighbouring countries like Pakistan and Iran struggling to provide adequate support. In Sri Lanka, the aftermath of the decades-long civil war continues to leave scars, with allegations of war crimes and unaddressed grievances of Tamil minorities.

In India and Pakistan, minorities face systemic persecution. Discriminatory laws, mob violence, and targeted attacks against Muslims, Christians, Dalits, and Ahmadis have fostered an atmosphere of fear and exclusion. Women across the region endure high levels of gender-based violence, with incidents like honor killings and acid attacks remaining alarmingly common. Despite these shared challenges, there is no unified framework to address these issues regionally.

Contrast this with other parts of the world. The Inter-American Court of Human Rights in Latin America has held states accountable for forced disappearances and systemic violence. The European Court of Human Rights has issued landmark rulings on privacy, freedom of expression, and non-discrimination. The African Charter on Human and Peoples’ Rights emphasizes collective rights and transitional justice in post-conflict societies. These systems demonstrate the transformative potential of regional human rights frameworks.

The Potential Role of SAARC

The South Asian Association for Regional Cooperation (SAARC) could serve as the foundation for a regional human rights system. Established in 1985, SAARC promotes economic and cultural development across its member states: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka. While SAARC has focused primarily on development, it has yet to meaningfully address human rights.

A regional human rights charter under SAARC could enshrine civil, political, economic, and cultural rights tailored to the region’s unique needs. An independent South Asian Human Rights Commission could monitor violations and make recommendations, while a regional court could provide a platform for victims to seek justice. This framework could also facilitate regional dialogue on cross-border issues like trafficking, migration, and climate-induced displacement.

Challenges to Building a Regional System

Creating a regional human rights system in South Asia would not be easy. Political tensions, particularly between India and Pakistan, have historically paralyzed SAARC. The principle of non-interference, which underpins much of South Asia’s political ethos, poses another significant challenge. Additionally, the region’s political diversity— ranging from democracies to authoritarian regimes— complicates consensus-building.

However, other regions have faced and overcome similar obstacles. ASEAN, despite its limitations, has established a human rights body that emphasizes dialogue and trust-building. South Asia could take a phased approach, starting with softer mechanisms such as monitoring and capacity-building before introducing binding enforcement measures.

Lessons from Latin America

Latin America offers valuable lessons for South Asia. Decades ago, the region grappled with authoritarian regimes, systemic oppression, and widespread human rights abuses. Yet, its leaders dared to envision a better future, leading to the creation of the Inter-American Human Rights System.

One of its most notable achievements is the Velásquez Rodríguez v. Honduras case, where the Inter-American Court held Honduras accountable for enforced disappearances. This landmark ruling not only delivered justice but also set a precedent for addressing state-sponsored violations. Such examples demonstrate the power of regional systems to provide justice and accountability, even in politically fraught environments.

A Vision for South Asia

Imagine a South Asia where Afghan refugees are given the dignity and rights they deserve, where victims of the Sri Lankan civil war find pathways to truth and reconciliation, and where minorities in India and Pakistan can seek justice without fear of reprisal. A regional human rights system could empower marginalized communities, promote accountability, and foster a sense of solidarity among South Asian nations.

This vision requires sustained advocacy, political will, and the involvement of civil society. Universities and academic institutions can play a pivotal role in nurturing future leaders who value regional cooperation for human rights. The international community can also support capacity-building efforts to lay the groundwork for such a system.

Hope Amidst Adversity

Skeptics may argue that the failures of international and regional institutions, such as the UN or ASEAN, make such efforts futile. But history teaches us otherwise. The Universal Declaration of Human Rights emerged from the ashes of World War II. The Inter-American system was born from struggles against authoritarianism. While progress is slow, it is real.

South Asia must dare to dream. Despite its challenges, the region has the potential to build a system that safeguards human rights for generations to come. By focusing on the possibilities rather than the pitfalls, we can keep the hope alive and push for a better tomorrow.

Noor Zafar
Noor Zafar
The writer is a lawyer (L.L.B LUMS, L.L.M. Notre Dame Law School) practising in Multan

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