21. KELEMAHAN RESPON ASEAN INTERGOVERNMENTAL COMISSION ON HUMAN RIGHTS (AICHR) TERHADAP KASUS TENTARA ANAK DI MYANMAR 2010-2015

Abstract

Myanmar is one of the biggest countries in the world who recruited children for child soldiers.
The recruitment of child soldiers in Myanmar is recruited by Tatmadaw Kyi (Myanmar
national army). To resolve this case Myanmar signed Joint Action Plan (JAP) with UN in
2012. But the efforts to resolve the case only came from international organizations whereas
ASEAN as regional organizations has a commission for human rights that is ASEAN
Intergovernmental Comission on Human Rights (AICHR). In AICHR work plan AICHR
mentioned child soldiers issue for thematic studies of human rights. The aim of this research
is to analyze implementation of the work plan of child soldiers case in Myanmar. This
research used literature study based of construtivism theory and correspondence with the
stakeholder. Based on construtivism AICHR succeed to construct norms of human rights in
ASEAN region. Furthermore AICHR could not implemented the works plan in child soldiers
case in Myanmar because of the hard mechanism to carried out that case. The mechanism
require both representative of AICHR and Myanmar to carried out that case in AICHR
summit. Another reason for the failed implementation are the existence of non-intervention
principal and weakness of protection function of AICHR.