Working Group for an ASEAN Human Rights Mechanism welcomes the imminent creation of the ASEAN Intergovernmental Commission on Human Rights

MANILA, 27 July 2009 - The Working Group for an ASEAN Human Rights Mechanism welcomes the approval and adoption of the Terms of Reference for the ASEAN Intergovernmental Commission on Human Rights (AICHR) by the ASEAN Foreign Ministers during the 42nd ASEAN Ministerial Meeting in Phuket, Thailand.

It is apparent that the current ToR is not what we aspired for. However, as the Working Group has constantly engaged in a consultative, constructive and step by step process with ASEAN on the issue of establishing an appropriate regional human rights mechanism, it recognizes the fact that the terms of reference is, ultimately, a political document formed out of negotiations and compromises. Indeed, the completion of the terms of reference and the imminent establishment of the regional commission on human rights are significant hallmarks of ASEAN’s move towards a more people-oriented organization.

The Working Group further stresses the importance of two very necessary processes which must manifest people’s participation – the selection process for the AICHR’s composition and the review process of the terms of reference.

The Working Group thus encourages governments of ASEAN to adopt a participatory and transparent process in choosing their representatives. Likewise, although the ToR provides for a mandatory review after 5 years, the Working Group believes that a discretionary review, when necessary, should be undertaken to enhance the functions of the body especially those concerning the protection of human rights.

Finally, the Working Group reiterates that the ASEAN Intergovernmental Commission on Human Rights is not the aggregate mechanism of the envisioned human rights regime. Any action to build on such a regime is welcome so long as it is consistent with international human rights standards and does not go below those standards.