Who we are

The Working Group for an ASEAN Human Rights Mechanism’s (Working Group) primary goal is to establish an intergovernmental human rights commission for ASEAN. It is a coalition of national working groups from ASEAN states which are composed of representatives of government institutions, parliamentary human rights committees, the academe, and NGOs. Working Group follows a step-by-step, constructive and consultative approach when it engages governments and other key players in the region.

Our work

The Working Group is recommends several options in proposing for a human rights mechanism. The mechanism may include:

• A declaration of principles
• A commission with monitoring, promotional, and recommendatory functions. It may also receive complaints from states and/or individuals. It may cover all rights, or initially, be issue-specific where it focuses only on the rights of migrants or other vulnerable groups. Another option is having human rights commissions in all ASEAN countries. A mechanism can be born when they begin coordinating efforts.
• A court which could render binding decisions.

The need for an ASEAN human rights mechanism

Many kinds of human rights violations take place in Southeast Asia and a regional mechanism is can help address to this problem. First, the mechanism will ensure that ASEAN member states all adhere to international human rights standards. Second, the mechanism provides a common platform where ASEAN member states, being socio-politically different from each other, can articulate their human rights-related concerns. Lastly, with a human rights mechanism, the region can cooperate to address violations and collectively show its stand on human rights-related issues.

Benefits of a regional human rights mechanism

The mechanism can:

• Assist ASEAN member states in addressing human rights concerns in their respective areas of jurisdiction;
• Ensure that international human rights laws are observed and implemented by ASEAN countries who have agreed to them;
• Help ASEAN people have a common understanding of universal human rights issues and perspectives.

The promise of an ASEAN human rights mechanism

In 1993, the Vienna Declaration and Program of Action emphasized the need “to consider the possibility of establishing regional and sub-regional arrangements for the promotion and protection of human rights where they do not already exist”. In the same year, the ASEAN Inter-Parliamentary Organization (AIPO) stated that “it is…the task and responsibility of member states to establish an appropriate regional mechanism on human rights” in its Declaration on Human Rights.

To date, Southeast Asia is one of the last areas in the world which does not have an intergovernmental human rights mechanism. Positive developments in the region, however, indicate that its creation is realistic.

A growing partnership with ASEAN is creating opportunities for the eventual creation of an intergovernmental commission:

June 25, 1993, 26th ASEAN Ministerial Meeting in Singapore- Foreign Ministers, in support of the Vienna Declaration and Programme of Action, agreed that ASEAN should consider the establishment of an appropriate regional mechanism on human rights.

July 1995 in Manila- The Working Group for an ASEAN Human Rights Mechanism was set up by the Human Rights Committee of the Law Association of the Asia and the Pacific Region or LAWASIA.

July 24-25, 1998, 31st ASEAN Ministerial Meeting in Manila- The formation of Working Group was acknowledged by the Foreign Ministers. They also noted the importance of the ongoing dialogues that were taking place between the two parties. The Working Group submitted “Synopsis of a Policy Initiative for the Establishment of an ASEAN Human Rights Mechanism” to ASEAN.

July 24-25, 2000, 33rd Ministerial Meeting in Thailand- Foreign Ministers noted with appreciation the consultations between ASEAN Senior Officials and Working Group. They also took note that national human rights mechanism in some ASEAN countries had already been launched. The Working Group submitted, for ASEAN’s consideration, a Draft Agreement for the Establishment of the ASEAN Human Rights Commission. This contained the mandate, structure, powers, and functions of a proposed ASEAN Human Rights Commission.

July 5-6, 2001, 1st Workshop on an ASEAN Human Rights Mechanism: Representatives of governments, national human rights institutions, and civil society groups in ASEAN gathered in Jakarta. In the Working Group’s 1st Workshop, participants explored recommendations for the setting-up of interim mechanisms on women and children and migrant workers in pursuing a “building block, step-by-step process” towards the establishment of a general ASEAN regional mechanism on human rights. Subsequent workshops were held in Manila (2002), in Bangkok (2003), back in Jakarta (2004), Kuala Lumpur (2006), and back in Manila (2007). All these workshops are jointly organized by the Working Group, a host ASEAN state (through its foreign ministry) and its national human rights commission (if any).

November 29, 2004, 10th ASEAN Summit- The heads of state adopted the
Vientiane Action Programme (VAP), which had an emphasis on human rights and obligations. The VAP called for the establishment of an ASEAN Commission on Women and Children. In 2005, the ASEAN asked for the Working Group’s assistance in implementing the human rights provisions of the VAP. Since then, the Working Group has convened workshops, roundtable discussions, and meetings on the VAP to support ASEAN.

January 2007- The Eminent Persons Group (EPG), comprised of former
heads of state and ministers, mention the need for a human rights mechanism as part of their recommendations for inclusion in the ASEAN Charter. They note that “the establishment of an ASEAN human rights mechanism is a worthy idea that should be pursued.” ASEAN heads of state then endorsed the EPG recommendations to the high level task force (HLTF) that was tasked to draft ASEAN Charter.

March 2007, ASEAN Ministerial Meeting Retreat in Cambodia: ASEAN foreign ministers decide that the HLTF can include a draft enabling provision in the Charter to create a human rights commission as an organ of ASEAN. The Working Group has been actively engaging the members of the HLTF to ensure that human rights concerns will be included and given full consideration in the Charter.

June 28, 2007- The “ASEAN Four” or the national human rights commissions of Indonesia, Malaysia, Thailand and the Philippines formally pledged to have a regional strategy in enforcing the promotion and protection of human rights in a Declaration of Cooperation. This includes how to advise their respective governments on the steps that can be taken in establishing an ASEAN human rights mechanism.

Working Group is also encouraged by the progress of the national human rights institutions (NHRIs) in ASEAN States. The Philippines, Indonesia, Malaysia, and Thailand already have NHRIs, with Cambodia promising to follow suit. Poised to sign a declaration of cooperation among themselves, Working Group believes that cooperation among NHRIs is a precursor to an intergovernmental human rights mechanism.

With these developments at hand, the possibility of having a regional human rights mechanism may not be as unlikely as it seems.

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