Fourth Workshop on an ASEAN Regional Mechanism
on Human Rights
Jakarta, 17-18 June 2004
Summary of Proceedings
I. Introduction
1. The Fourth Workshop for an ASEAN Regional Mechanism
on Human Rights was convened in Jakarta, Indonesia, on
June 17 and 18, 2004. The workshop was co-organized and
co-hosted by the Department of Foreign Affairs of the
Republic of Indonesia and the Working Group for an ASEAN
Human Rights Mechanism.
2. The Fourth Workshop was a follow-up to the First Workshop
(Jakarta, July 5-6, 2001), the Second Workshop (Manila,
June 14-15, 2002), and the Third Workshop (Bangkok, May
28-29, 2003) which were co-organized and co-hosted by
the foreign ministries and national human rights institutions
of Indonesia, the Philippines and Thailand, respectively,
and the Working Group for an ASEAN Human Rights Mechanism.
3. The Workshop was attended by participants representing
governments, national human rights institutions, non-governmental
organizations and academic institutions of Brunei, Cambodia,
Indonesia, Laos, Malaysia, Myanmar, Philippines, Thailand
and Vietnam, including representatives from the ASEAN
Secretariat. Also in attendance as guests and observers
were representatives of other countries, various international
and regional institutions, and civil society groups.
4. The Workshop was opened by Mr. Marzuki Darusman, Co-Chairperson
of the Working Group for an ASEAN Human Rights Mechanism,
and Dr. R.M. Marty M. Natalegawa, Director General for
ASEAN Cooperation, Department of Foreign Affairs, Indonesia,
who each delivered welcome remarks.
5. The keynote address was delivered by H.E. Hassan Wirajuda,
Minister of Foreign Affairs, Indonesia. In his address,
the Minister said that there should be no argument against
the fact that human rights as universal values are by
no means alien to Southeast Asian peoples. The question
is how to translate ASEAN commitments into concerted efforts
to establish common norms and values as well as effective
machineries for their observance. He also said that respect
for human rights should be an important element of the
ASEAN Security Community as contained in the Bali Concord
II adopted in 2003.
6. During the Workshop, meetings were held by representatives
of the national human rights commissions of Indonesia,
Malaysia, Philippines and Thailand, and the Working Group
for an ASEAN Human Rights Mechanism.
II. Workshop Sessions
7. The Workshop was divided into seven sessions covering
the following topics: (1) Report on Developments and Stocktaking
of Efforts Towards the Establishment of the ASEAN Human
Rights Mechanism; (2) Dialogue on Human Rights Regional
Mechanisms; (3) The Role of an Eminent Persons Group in
the Initiative Towards an ASEAN Regional Mechanism on
Human Rights; (4) Cooperation on Issues of Common Concern
in the ASEAN Region; (5) The ASEAN Security Community:
A Commitment to the Promotion and Protection of Human
Rights in the ASEAN Region; (6) Plenary Discussion on
the Pace of Progress and Development of Human Rights in
ASEAN; and (7) Plenary Discussion on Workshop Conclusions.
Under Session Four, four parallel working sessions were
held on the following topics: (i) Efforts to Address and
Protect Migrant Workers in the ASEAN Region; (ii) Terrorism
and Human Rights: A Balancing Act of Governments; (iii)
Efforts to Address Trafficking in Women and Children;
and (iv) Human Rights Education in ASEAN.
8. In the First Session, Mr. Marzuki Darusman, Co-Chairperson
of the Working Group for an ASEAN human rights mechanism,
discussed progress made on the initiative for the establishment
of an ASEAN human rights mechanism in terms of effective
recognition of the Working Group by ASEAN, and stressed
the need for the Working Group to undertake follow through
activities in engaging ASEAN governments. Prof. Vitit
Muntarbhorn, Co-Chairperson of the Working Group for an
ASEAN human rights mechanism, further elaborated on developments
concerning the initiative and focused on the importance
of realizing the recommendations adopted at the Third
Workshop in Bangkok. The Session was chaired by Senator
Wigberto Tanada, Chairperson of the Philippine Working
Group for an ASEAN human rights mechanism.
9. In the Second Session, Mr. Rory Mungoven, Senior Human
Rights Adviser, Office of the High Commissioner for Human
Rights, delivered a message from Mr Bertrand G. Ramcharan,
Acting UN High Commissioner for Human Rights. In his message,
Mr. Ramcharan highlighted certain areas which should be
carefully considered in discussing human rights arrangements
for the ASEAN region, including the rights of women and
children and human rights education, and expressed full
support for efforts to set up an ASEAN human rights mechanism.
Mr. Enny Soeprapto of the National Human Rights Commission
of Indonesia, lamented the absence of a human rights mechanism
in Asia and stressed the need to build on existing institutions
to protect human rights in the ASEAN region. The Session
was chaired by Mr. Bounnheuang Songnavong, Deputy Director
General of the Institute of Foreign Affairs, Ministry
of Foreign Affairs, Lao PDR.
10. In the Third Session, Prof. Vitit Muntarbhorn discussed
the need for an Eminent Persons Group to explore the possibility
of and provide recommendations for an ASEAN human rights
mechanism. He also outlined the requirements for setting
up an EPG, including the factors which should shape the
modalities for its work. The Session was chaired by Ms.
Nor Hirni Osfinita Md Tahir of the International Organizations
Department, Ministry of Foreign Affairs, Brunei Darussalam.
11. The Fourth Session was divided into four Working
Sessions.
In Working Session One on “Efforts to Address
and Protect Migrant Workers in the ASEAN Region,”
Ms. Kamala Chandrakirana, Chairperson of the National
Commission on Violence against Women of Indonesia, discussed
the work of her institution and how it promotes the human
rights of Indonesian migrant domestic workers. Sen. Wigberto
Tanada, Chairperson of the Philippine Working Group for
an ASEAN Human Rights Mechanism, focused on the international
and regional framework for the protection of migrant workers.
The session was chaired by Dr. Daw Myint Kyi, Professor
in the Faculty of International Relations, Yangon University,
Myanmar.
In Working Session Two on “Terrorism and Human
Rights: A Balancing Act of Governments,” Mr. Ansyaad
Mbai, Chairman for Counter Terrorism Coordinating Desk
of Indonesia, talked about the impact of anti-terrorist
measures on human rights and the need to address the root
causes of terrorism. Dato’ Param Cumaraswamy, Chairperson
of the Malaysian Working Group for an ASEAN Human Rights
Mechanism, emphasized that anti-terrorism measures must
be implemented within the framework of the rule of law
and in compliance with all UN Resolutions on such measures.
The session was chaired by Mr. Asda Jayanama of Forum
Asia, Thailand.
In Working Session Three on “Efforts to Address
Trafficking in Women and Children,” Ms. Suvichit
Sataman, Chief of Mechanism Development Group, Office
of Welfare Promotion, Protection and Empowerment of Vulnerable
Groups, Thailand, and Dr. Daw Myint Kyi, Professor in
the Faculty of International Relations, Yangon University,
Myanmar, outlined their respective national laws and regulations
which address trafficking in women and children. Prof.
Vitit Muntarbhorn noted that while many countries have
good laws addressing trafficking in persons, their proper
implementation is the problem. The session was chaired
by Ms. Lourdes Tabamo, Director of the Office of ASEAN
Affairs, Department of Foreign Affairs, Philippines.
In Working Session Four on “Human Rights Education
in ASEAN,” Lt. Gen. (Ret.) Agus Widjojo from the
UN Support Facility for Indonesia Recovery (UNSFIR) said
that for human rights education of the military to be
successful, the political authorities must set proper
standards and exercise effective control in their enforcement.
Prof. Dr. Arief Rachman, Chairman of the Indonesian National
Commission on UNESCO, shared the human rights education
program of his organization. Dr. Purificacion C. Valera-Quisumbing,
Chairperson of the Philippine National Commission on Human
Rights, presented the best practices on human rights education
of her institution. Dr. Hafid Abbas, Director General
for Human Rights Protection of the Indonesian Department
of Justice and Human Rights, discussed the concept of
the National Action Plan on Human Rights as a means to
promote cooperation on human rights education in the ASEAN
region. The session was chaired by Ms. Sharon Nobbel of
the Education and Research Association for Consumers,
Malaysia.
12. The reports of the four parallel Working Sessions
were presented by their respective Chairpersons and discussed
at a Plenary Session chaired by Mr. Budiono Kusumohamidjojo
of the Indonesian Working Group for an ASEAN Human Rights
Mechanism. The four topics discussed in the Working Sessions
represented issues of common concern in the region which
could serve as entry points for the realization of an
ASEAN human rights mechanism.
13. In the Fifth Session, Dr. R.M. Marty M. Natalegawa,
Director General for ASEAN Affairs for the Department
of Foreign Affairs, Indonesia, stressed the ASEAN region’s
need for an ASEAN Security Community and the necessity
of promoting and protecting human rights as two concerns
which are intertwined and inseparable. H.E. Ong Keng Yong,
Secretary General of ASEAN, explained that the promotion
of human rights is not purely a political/security issue,
and that ASEAN sees human rights as a multi-faceted and
complex issue comprising of five interrelated groups of
rights, namely civil, political, economic, social and
cultural rights. He also urged that efforts to build the
ASEAN Community should be realistic, optimistic and pragmatic.
The session was chaired by Dr. Purificacion C. Valera-Quisumbing,
Chairperson of the Philippine National Commission on Human
Rights.
14. The Sixth Session was a Plenary Discussion on the
Pace of Progress and Development of Human Rights in ASEAN.
H.E. Ali Alatas, Former Foreign Minister of the Republic
of Indonesia, suggested that to make substantive progress
towards the realization of the ASEAN human rights mechanism,
efforts should proceed in a realistic, well-planned and
time-bound fashion, while determining the right priorities
and the “do-able” issues which could be implemented
first. The session was chaired by Dato’ Param Cumaraswamy.
15. The Seventh Session was a Plenary Discussion on Workshop
Conclusions. The workshop rapporteur, Mr. Carlos Medina,
Secretary General of the Working Group for an ASEAN Human
Rights Mechanism, presented for plenary deliberation the
draft summary of the workshop proceedings and the conclusions
and recommendations of the workshop. The session was chaired
by Mr. I.G. Agung Wesaka Puja, Director for Human Rights,
Humanitarian, Social Culture, Department of Foreign Affairs,
Indonesia.
16. The closing remarks were delivered by Mr. Sudjadnan
Parnohadiningrat, Secretary General of the Department
of Foreign Affairs, Indonesia, to formally end the workshop.
III. Workshop Conclusions and Recommendations
General
17. The Workshop reaffirmed its commitment to continue
working for the establishment of an ASEAN human rights
mechanism and reaffirmed the importance of a step-by-step,
multi-track and building-block approach involving governments,
national human rights institutions, parliaments, and civil
society groups in the ASEAN region.
18. The Workshop welcomed the adoption of Bali Concord
II in 2003 containing the concept of an ASEAN Security
Community which is a reflection of progress and political
development in ASEAN. The ASEAN Security Community provides
an important conceptual framework for the realization
of an ASEAN human rights mechanism.
19. The Workshop recognized that the concept of the ASEAN
Community reflects the principle that democracy, development,
and respect for human rights and fundamental freedoms
are interdependent and mutually reinforcing.
20. The Workshop acknowledged as emerging and critical
issues the situation of migrant workers and the problem
of trafficking in women and children in the ASEAN region.
21. The Workshop realized the need for follow through
activities on the mechanism initiative and the need to
continue assessing its role and its methodology in working
with ASEAN governments on the initiative for the establishment
of an ASEAN human rights mechanism.
22. The Workshop acknowledged that as a step towards
the eventual establishment of the ASEAN human rights mechanism,
measures may already be taken to enhance cooperation in
certain areas like human rights education, and to address
critical issues of common concern. In particular, the
Workshop called for the expansion of human rights education
programs to other segments of society including scientists,
doctors and jurists.
23. The Workshop acknowledged the importance of the National
Plan of Action on Human Rights in each ASEAN country as
a platform for exploring regional cooperation on human
rights education.
24. The Workshop considered the possibility of setting
up a Regional Training Center on Human Rights.
25. The Workshop recognized the need to consider the
possibility of starting with a mechanism involving those
countries which are prepared to join.
26. The Workshop welcomed the decision of ASEAN Foreign
Ministers to sign a Declaration on the Elimination of
Violence against Women in the ASEAN Region during the
forthcoming ASEAN Ministerial Meeting, and calls for the
successful implementation and realization of the Declaration.
27. The Workshop welcomed the reaffirmation by existing
national human rights commissions in the region of their
support to the goal of establishing an ASEAN human rights
mechanism.
28. The Workshop reaffirmed the conclusions and recommendations
of the previous three workshops held in Jakarta (2001),
Manila (2002) and Bangkok (2003). In particular, the Workshop,
building on previous recommendations, agreed to further
undertake the following:
a. Continue efforts to set up an ASEAN human rights mechanism,
while working at the same time for the establishment of
mechanisms to deal, as a matter of priority, with specific
issues of common concern such as the promotion and protection
of the rights of children, women and migrant workers;
b. Formation of a Joint Working Group composed of representatives
of governments, national human rights institutions and
civil society groups to consider all possibilities and
advance the initiative for an ASEAN human rights mechanism,
and possibly an ASEAN Commission for the Promotion and
Protection of the Rights of Women and Children; and
c. Establishment of an Eminent Persons Group (EPG) composed
of high ranking personalities in the region and coming
from different disciplines, as an advisory body on the
issue of a regional human rights mechanism, bearing in
mind geographical balance, gender sensitivity and participatory
composition.
Recommendations to Governments
29. The Workshop agreed on the following recommendations
addressed to ASEAN governments:
a. In the short term:
i. Greater attention by the relevant ASEAN functional
bodies to monitoring the implementation of ASEAN Vision
2020 and its Plans of Action, particularly on the promotion
and protection of human rights and fundamental freedoms
in ASEAN countries.
ii. On anti-terrorism measures, to undertake efforts
to sensitize ASEAN governments to various UN resolutions.
iii. Increase exchange of information and best practices
in human rights, particularly human rights education.
b. In the medium term:
i. Adoption of an ASEAN instrument for an arrangement
on the promotion and protection of the rights of women
and children.
ii. Elaboration of an ASEAN instrument for an arrangement
on the promotion and protection of the rights of migrant
workers.
c. In the long term:
i. Establishment of national human rights commissions
in ASEAN countries which still do not have one.
ii. Consider the drafting of an ASEAN charter which contains
provisions on the rights and obligations of people.
Recommendations to National Human Rights Institutions
30. The Workshop agreed on the following recommendations
to National Human Rights Institutions:
a. Consolidated networking activities among existing
national human rights institutions, including offices
of the Ombudsman and other specialized human rights agencies,
to strengthen their role on human rights in the region.
b. Increased collaboration among national human rights
institutions on emerging critical issues of common concern
in the region. In this respect, the Workshop acknowledged
the plan of the national human rights commissions of Indonesia,
Malaysia, Thailand and the Philippines to meet in Bangkok
in August 2004 to discuss issues of common concern and
possible contribution to the realization of the ASEAN
Security Community and the ASEAN human rights mechanism.
Recommendations to Civil Society Groups
31. The Workshop agreed on the following recommendations
to civil society groups in the region:
a. Reassess the methodology and the governance capacity
of non-government organizations to effectively work with
ASEAN governments on the initiative for the establishment
of an ASEAN human rights mechanism.
b. Lobby with ASEAN governments on the mechanism initiative
in a timely manner, particularly in view of the rotating
chairmanship of ASEAN.
c. Engage ASEAN’s functional bodies on human rights-related
issues.
d. Enhance networking and cooperation, particularly on
issues of common concern in the region.
e. Establish a special task force within the Working
Group for an ASEAN Human Rights Mechanism to focus on
the promotion and protection of the rights of women, children
and migrant workers.
f. Encourage NGOs in ASEAN to adopt a more cooperative
approach in the spirit of productive partnership in working
with ASEAN governments in the promotion and protection
of human rights.
IV. Acknowledgment
32. The Workshop participants expressed appreciation
to the Department of Foreign Affairs of the Republic of
Indonesia and the Working Group for an ASEAN Human Rights
Mechanism for co-hosting and co-organizing the Fourth
Workshop, and to the Friedrich Naumann Foundation for
providing invaluable financial support.
Jakarta, 18 June 2004
