Principal Assistants of the AICHR Representatives Look into the European Human Rights System

From L to R: Mr. Malvino Aprialdy Mazni (Indonesia), Mr. Ray Paolo Santiago (Working Group), Mr. Nekmat Ismail (Malaysia), Ms. Farida Hairani Hisham (Brunei), Ms. Ton Huong Thi Ngoc (Viet Nam), Ms. Cheng Shi Min (Singapore), Ms. Sheila Marie Tario (Philippines), Ms. Sunsanee Sutthisunsanee (Thailand), Mr. Nhem Bora (Cambodia), Dr. Ellen Madeker (Friedrich Naumann Foundation - Brussels), Mr. Sisoulath Phongsavanh (Lao PDR), Ms. Maria Kristina Merginio (Working Group), and Dr. Rainer Adam (Friedrich Naumann Foundation – South East and East Asia)

The Working Group for an ASEAN Human Rights Mechanism, in coordination with the Friedrich Naumann Foundation for Liberty, organized an Informational Programme for the Principal Assistants of the Representatives of the ASEAN Intergovernmental Commission on Human Rights (AICHR) in Strasbourg and Berlin from 21-26 November 2010. In the weeklong study visit, the delegates looked into both the regional systems and the example of Germany in the promotion and protection of human rights.

The Strasbourg segment of the study visit commenced with a visit to the Council of Europe where the delegates met with the Advisor to the Commissioner for Human Rights, a representative of the Department of the European Social Charter and a jurist from the European Court of Human Rights (ECHR). Here they were briefed on the different tasks and responsibilities of each office and how they complement each other’s role in having an organized European Human Rights System. The discussion with Mr. Sivonen of the Office of the Commissioner for Human Rights, for instance, was notable because the delegates were very interested with the significant roles of the Commissioner which includes: monitoring, coordinating with national human rights structures and the European Court, and writing reports on thematic issues.

The delegates also met with the Head of Division of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). They were interested with the fact that although the CPT is not a judicial body, it can conduct independent country visits to observe the human rights situation in selected countries and monitor their compliance to human rights standards.

They also found out how important the CPT’s reports are as it may be used as a source or material in bringing to the public’s attention human rights violations in certain countries or entities.

Apart from looking into the human rights system in the Council of Europe, two Members of Parliament who are also human rights advocates also shared their experiences and thoughts on the importance of human rights discourse in furthering the work of the European Parliament. “The European Union seeks to maximize its leverage with respect to human rights by assessing the credibility and effectiveness of its human rights instruments,” said Baronness Sarah Ludford MEP, ALDE, Substitute, Subcommittee on Human Rights.

The second segment of the study tour was equally essential as it began with visits to some government offices in Berlin for the delegates to have an understanding and perspective on the human rights protection at the national level. The group met with the Assistant of the Commissioner of the Federal Government for Human Rights and Humanitarian Aid and the Deputy Director of the German Institute for Human Rights, among others. In these meetings, the delegates learned about the German foreign policy in relation to human rights and its local policies to monitor the government’s compliance with its human rights commitments, respectively.

Part of the second segment of the programme was a public forum on ASEAN, Human Rights and Economic Freedom. A representative from the Working Group for an ASEAN Human Rights Mechanism started the discussion by presenting the milestones and engagements of the Working Group with ASEAN since the early 90s on establishing human rights mechanisms in the region. On the other hand, a representative of Human Rights Watch shared their views and criticisms on the newly established AICHR calling it a “paper tiger” which does not have a strong mandate. During the open forum, questions were raised on the effectiveness of the AICHR and its future undertakings. In the end, despite the varying opinions on the mandate and power of the newly established body, everyone saw the creation of the AICHR as a step forward and a positive undertaking and that there are still a lot to look forward to in terms of promoting and protecting human rights in Southeast Asia.

In sum, the delegates were pleased with the informational programme and suggested that a similar be organized with the AICHR Representatives so that they will be able to share experiences on human rights promotion and protection from both regions.