Asian Legal Transplants and Rule of Law Reform: National Human Rights Commission in Myanmar and Indonesia

Abstract

The adoption of public accountability institutions has become a crucial aspect of rule of law projects worldwide. This article focuses on National Human Rights Institutions (NHRIs) in order to explore the process by which such legal models and ideas are adopted and borrowed from global actors, and the reliance on regional and sub-regional networks. Through case studies of Indonesia and Myanmar, it examines several possible meanings and sources of ‘Asian legal transplants’, particularly the role of regional networks as sources of legitimacy. It argues that the sub-regional NHRI network in Southeast Asia has evolved as an alternative site of legitimacy, and that the extent to which a NHRI in Southeast Asia may rely on it depends not only on the regime it operates under, but also on the relative position of the NHRI within the regional network.