Discussing the ASEAN Human Rights Body in Mindanao

Ms. Pinky Aladjian gives suggestions for the ASEAN human rights body.

Taking time off from their peace and relief work in the field, civil society organizations (CSOs) from the Southern Philippines gathered for a one-day consultation on the ASEAN human rights body (AHRB) on August 31, 2008 in Cagayan de Oro City. The activity was organized by the Philippine Working Group for an ASEAN Human Rights Mechanism (PWG), the Commission on Human Rights of the Philippines (CHR), the Task Force Detainees of the Philippines (TFDP), and the Philippine Alliance of Human Rights Advocates (PAHRA).

In his welcome remarks, PWG Secretary-General Carlos Medina Jr. reflected on the backdrop of the Mindanao consultation, which includes the growing number of casualties and refugees resulting from armed conflict in the Southern Philippines. Medina highlighted that a regional human rights mechanism- such as the AHRB promised by the ASEAN Charter - has the potential to address human rights violations occurring in such situations when all national remedies have been explored and have been unsuccessful. “As human rights and peace advocates, we should support the creation of the AHRB,” said Medina.

PWG Program Manager Ray Paolo Santiago then gave an overview of ASEAN, the ASEAN Charter, and the AHRB drafting process. As the creation of the AHRB is provided for by the Charter, Santiago thought it of interest to share that the Foreign Relations Committee of the Philippine Senate had recently endorsed the Charter for ratification. In ASEAN, all but Indonesia, the Philippines, and Thailand have ratified the Charter.

At the consultation, Director Nerissa Navarro-Piamonte also affirmed that the CHR is fully supporting the ratification of the Charter. She said that the the CHR, along with the Indonesian National Commission on Human Rights (KOMNAS HAM), the Human Rights Commission of Malaysia (SUHAKAM), and the National Human Rights Commission of Thailand (collectively known as the ASEAN NHRI Forum), have submitted a paper on the possible Terms of Reference (ToR) for the AHRB which the High-Level Panel (HLP) which is drafting the mandate and powers of the AHRB can draw ideas from. Participants of the Mindanao consultation then requested for a copy of this submission for guidance as they come up with their own inputs.

Participants then presented their inputs on the AHRB, its ideal relationship with stakeholders including CSOs, and possible structures and functions. They proposed that the AHRB be given the power, in case of widespread and systematic human rights violations, to refer the matter to the ASEAN Summit as a breach of the Charter. There was also a suggestion that the AHRB should be able to recommend measures and procedures for addressing human rights violations in each member country. Finally, with regards to the nomination and selection process, it was proposed that the nomination adheres to the principle of transparency and participation from stakeholders including civil society.

In closing, PAHRA Secretary-General Renato Mabunga said that CSOs will continue providing input for the AHRB despite this being intergovernmental by nature. “Our work does not end when the AHRB is established. In the future, I foresee a shadow committee comprised of CSOs which will vigilantly monitor the AHRB.”

The PWG consultation with CSOs in Cagayan de Oro City is part of a series of national consultations in the Philippines. The PWG will compile the results of all its consultations and will officially present this to Ambassador Rosario Manalo, the Philippine representative to the HLP.