The Editors of the Asian Yearbook of Human Rights and Humanitarian Law are pleased to present Volume 9, developed in the wake of the international symposium Enhancing Compliance with Human Rights from Below in Times of Crisis, held on 13 December 2024 at the Faculty of Law, Hasselt University, Belgium. Co-organised by Coventry University, Liverpool John Moores University and Hasselt University, the event brought together scholars, practitioners and civil society leaders to explore how local communities, grassroots movements and everyday citizens can act as custodians of human rights â especially when traditional, top-down institutions are compromised by authoritarianism, economic precarity or crisis. From this collaborative and reflective gathering emerged a volume that showcases diverse perspectives and concrete strategies for reclaiming rights, advancing dignity and rebuilding legitimacy from below.
Part 1: Democracy, Rule of Law and Freedom of Expression
This opening part engages with the erosion and defence of foundational democratic principles. It explores how grassroots responses can rise to counter institutional decay, authoritarianism and digital censorship. The contributions illustrate how communities challenge repression, reclaim civic space and articulate novel forms of accountability in contexts where formal mechanisms have collapsed or been co-opted.
In âThe Failure of an Electoral Government to Protect Human Rights Led to the Emergence of Peopleâs Uprisings: Bangladesh Contextâ (Chapter 1), Manjida Ahamed and Fahim Abrar Abid provide a detailed account of the democratic backsliding in Bangladesh under the Hasina regime. The chapter documents how the systematic erosion of civil liberties, widespread repression and compromised elections catalysed a mass uprising in 2024 that many view as a âsecond liberationâ. Through constitutional, political and empirical analysis, the authors underscore the capacity of grassroots mobilisation to restore democratic norms.
In âRight to Access the Internet vis-Ã -vis the Freedom of Expression: Bangladesh in Contextâ (Chapter 2), Mohammad Abu Taher investigates how government-imposed internet shutdowns in Bangladesh undermine constitutionally and internationally protected freedoms. By examining legal frameworks and recent incidents, particularly during the 2024 protests, the author advocates
Nandini CP and Animesh Jha, in âShaping Perceptions, Shaping Realities: Social Media Influencers and Human Rights Narratives in Crisisâ (Chapter 3), explore the evolving role of digital influencers in shaping public narratives during crises. They investigate both the constructive and harmful impacts of influencer-driven content, arguing that while social media enables real-time advocacy, it also risks misinformation and performative activism. The chapter proposes legal and ethical frameworks for enhancing accountability in digital human rights discourse.
In âCriminalising Civil Wrongs in Bangladesh: Compatibility with the ICCPRâ (Chapter 4), Md. Towhidul Islam and Fahim Abrar Abid critique the legacy of colonial-era legal frameworks that continue to criminalise civil matters such as cheque dishonour and defamation. Drawing on comparative analysis and international legal instruments, the chapter argues that this practice violates Bangladeshâs obligations under the International Covenant on Civil and Political Rights (ICCPR) and calls for urgent legal reform.
Part 2: Grassroot Activism and the Struggle for Human Dignity and Equality
This section delves into the lifeblood of human rights work: grassroots movements. From Indiaâs sanitation struggles to Taiwanâs battle against sexual harassment, these chapters highlight how lived experience, local mobilisation and legal resistance work together to confront structural injustices and social stigma. The part invites reflection on how dignity and equality are not just legal principles, but demands forged in everyday struggles.
Sujith Koonan, in âHuman Rights, Social Movement and the Dualist Struggle in the Global South â Some Reflections from Indiaâ (Chapter 5), presents a critical appraisal of the interplay between international human rights law and grassroots activism. Focusing on water rights and sanitation movements in India, the chapter examines how social movements strategically invoke, reinterpret or distance themselves from human rights discourse to navigate legal and political constraints.
In âRevisiting the Human Rights Struggle of Safai Karmachari Andolan: Manual Scavenging and the Fight for Dignity in Indiaâ (Chapter 6), Varun Chhachhar, Niharika Kumar, and Karishma Verma examine the long-standing struggle against manual scavenging. Framing this issue as a gross violation of dignity and equality, the authors detail the movementâs achievements and setbacks and argue for comprehensive legal, institutional and societal reform to dismantle caste-based occupational segregation.
In âSexual Harassment â A Secret that Canât Be Told? A Focus on Taiwanâs Gender Equality in Employment Act, Gender Equality Education Act and Sexual Harassment Prevention Actâ (Chapter 8), Fu-Hsuan Chen examines Taiwanâs multi-pronged legal approach to sexual harassment. Despite progressive legislation, the author identifies institutional fragmentation, evidentiary burdens and cultural stigma as persistent barriers to justice, recommending reforms to simplify complaints and improve victim support.
Part 3: Civil Society, Human Rights and Conflict
Here, the volume shifts focus to sites of conflict and contested sovereignty, examining how civil society and non-state actors sustain human rights advocacy amid violence, ambiguity and diplomatic silence. Whether in post-conflict cultural rebuilding or fragile state-like entities, these contributions reveal the ingenuity and resilience of actors who fill the void where formal protections are absent or ineffective.
In âBuilding Bridges? The Role of Transitional Justice in Shaping Grassroots Reconstruction of Tangible Cultural Heritageâ (Chapter 9), Sinéad Coakley discusses how transitional justice mechanisms can inform community-led heritage reconstruction in post-conflict societies. The chapter draws on international legal norms to argue for a reparative approach that recognises cultural loss as part of broader human rights violations.
Niharika Kumar, in âNavigating Conflict: The Critical Role of Civil Society in Human Rights Advocacy in Northeast Indiaâ (Chapter 10), highlights how NGOâs and grassroots groups mitigate state violence and institutional neglect in conflict-affected Northeast India. Using empirical case studies, the chapter illustrates the indispensable role of civil society in sustaining human rights amidst militarisation.
In âThe Role of NGOS in Human Rights Protection in Non-recognised State-Like Entities: the Case of Transnistriaâ (Chapter 11), Natalia Cwicinskaja investigates the precarious legal environment of unrecognised territories, focusing on Transnistria. The chapter reveals how NGOâs operate in the absence of international recognition, documenting human rights violations and providing support services under constant political pressure.
Part 4: Climate Change Advocacy and Environmental Protection
Climate justice has become an increasingly urgent field of human rights advocacy. This part explores both legal advances and practical models of environmental protection â from UN resolutions to indigenous recipes. At its heart, it calls for a reimagining of environmental governance: one that centres defenders, communities and a liveable planet as legal and moral imperatives.
César Gamboa BalbÃn and Aida Gamboa BalbÃn, in âNational Mechanisms for the Protection of Environmental Defenders and Autonomous Community Protection Systems: Opportunities for Shared Effectivenessâ (Chapter 13), analyse how state-led protection mechanisms can integrate with community-driven systems to better protect environmental defenders. Using the Escazú Agreement as a normative framework, the chapter calls for formal recognition of indigenous self-protection systems.
In âThe Human Rights-Based Approach to Climate Change: United Nations General Assembly Resolution 76/300 and Civil Society Efforts in Times of Environmental Crisisâ (Chapter 14), Najiba Mustafayeva examines the legal significance of recognising a human right to a clean and healthy environment. She traces the evolving jurisprudence and the mobilisation of civil society actors in using this recognition to demand stronger environmental accountability.
Part 5: Technology, Migration and Human Rights Protection
In the final part, attention turns to new frontiers, to how technology and innovation intersect with the struggle for human rights. From intellectual property regimes that shape access to critical tools in crises, to opaque AI systems affecting asylum seekers, these chapters critically assess the opportunities and dangers posed by digital and technological change. The call is clear: inclusion, accountability and ethical governance must guide our digital futures.
In âInnovative Technology, IP Transfer and Strategic Solutions for Empowering Marginalized Communities in Crisis: Advancing Human Rights and Resilienceâ (Chapter 15), Swikar Sankrit and Varun Chhachhar explore how inclusive technological strategies and flexible intellectual property regimes can enhance human rights protections during crises. They advocate for equity-oriented innovation models that prioritise access and resilience.
Together, the contributions in this volume highlight the need to rethink human rights compliance through participatory, community-based and technologically adaptive approaches. They underscore the significance of resistance from below as not only a response to institutional breakdowns, but as a proactive force shaping more just and resilient human rights systems.
In addition to presenting the key themes and insightful contributions featured in this stimulating new Volume 9 of the Asian Yearbook of Human Rights and Humanitarian Law, the Editors-in-Chief would like to extend their sincere appreciation to the entire editorial and production team at Brill. Special thanks are due to Lauren Danahy, Beth Derr and Rajalakshmi S for their continued professionalism and support. We are also especially grateful to Alexey Ilin for his dedicated efforts as Assistant Editor throughout the preparation of this volume.
Matthias Vanhullebusch (Hasselt University)
Ben Stanford (Liverpool John Moores University)
May 2025