Chairpersons
of the Working Group and the National Working Groups
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.
Among these options, teh Working Group strongly recommends the
establishment of an intergovernmental human rights commission.
To know more about what the proposed commission will imply,
please read the Draft
Agreement for the Establishment of the ASEAN Human Rights Commission
which the Working Group submitted to the ASEAN senior officials
in 2000.
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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