วารสารวิชาการนิติศาสตร์ มหาวิทยาลัยทักษิณ

Other mechanisms for enforcement international human rights are bringing case before regional institution, AICHR is responsible for handling with GOM about Rohingyas problem as a regional mechanism. Rohingyas case cannot solve by AICHR since the context of ASEAN way, each ASEAN state member avoid discussing controversial issue that arise within ASEAN state member. Furthermore, ASEAN is not a supranational organization like European Union (EU). This leads to lack of enforcement when state violates international human rights treaties. Unlike in Europe, Africa and the Americas, these continents have potential legal instruments in order to fight against human rights within its regions for example the European Convention on Human rights 1950 and the American Declaration on the Rights and Duties of Man 1948 and the American Convention on Human Rights. These two conventions have influence commissions and courts which can pressure member states refrain from violating human rights. As a national human right mechanism, Myanmar National Human Rights Commission can play an importance role in this part as well. This commission is an independence organ which has the main tasks to promote human rights and corporate with the UN, regional institution and national institutions of other state to function human rights. In additional, Today Civil society and NGOs human rights are the key elements to check and balance for promotion and protection of human rights especially within Myanmar. Conclusion The problem of Rohignyas is one of the primary concerns of International communities. However, ASEAN hardly brings this dispute to its agenda. Penalties from International communities are another option to handle with Rohingya such as UN and EU. It is widely accepts that protection of human rights is one of the purposes and principles of UN charter, the work of the various UN mechanisms วารสารวิชาการนิติศาสตร์ มหาวิทยาลัยทักษิณ ปีที่ 5 ฉบับที่ 7 มกราคม - ธันวาคม 2557 