High Level Panel conducts second civil society consultation

The Working Group for an ASEAN Human Rights Mechanism (Working Group), the ASEAN National Human Rights Institutions Forum (ASEAN NHRI Forum), the Solidarity for Asian People’s Advocacy Task Force on ASEAN and Human Rights (SAPA-TFAHR) and the Women’s Caucus for the ASEAN Human Rights Body (Women’s Caucus) gathered once again on 20 March 2009 for the Second Civil Society Consultation of the High Level Panel (HLP) in Kuala Lumpur, Malaysia.

H.E. Ambassador Sihasak Phuangketkeow, Chairperson of the HLP, started the meeting with a brief account of the main elements in the Terms of Reference (ToR) and an update on the progress of the HLP. Based on the timetable shared, the final draft of the ToR will be submitted during the 42nd ASEAN Ministerial Meeting in July 2009 while the ASEAN human rights body will be launched in October of the same year. Moreover, to be able to meet their deadlines, the HLP is doing its best to finish negotiations considering the great diversity within ASEAN.

With reference to the ToR, all organizations presented their recommendations and also highlighted some important points. The ASEAN NHRI Forum reminded the HLP of their complementary role with the human rights body especially in monitoring human rights situations and treaty compliance. SAPA-TFAHR, on the other hand, emphasized the body’s possible role of overseeing the capacity of ASEAN Member-States to uphold its legal obligations, while the Women’s Caucus pointed out the significance of adopting the Convention on the Elimination of all forms of Discrimination Against Women’s (CEDAW’s) definition of discrimination.

The Working Group, for its part, emphasized the imperative to have a credible and effective human rights body. They asserted that to facilitate this, independent and impartial representatives will be essential. They also commented that the human rights body should be an operational body and not a policy forum. Furthermore, to encompass ASEAN’s purpose of promoting a people-oriented ASEAN, the Working Group expressed the need to integrate meaningful CSO participation in the conduct of the work of the body.

After all CSOs were given the opportunity to speak, the HLP representatives thanked them and reacted to their recommendations. They reiterated that the principle of non-interference is non-negotiable and that it is also stipulated in the United Nations Charter. Moreover, some HLP members stressed that the ToR is a political compromise among the ASEAN member-states and cannot settle everything. It is an enabling document for the human rights body which will operate and progress in the light of the evolutionary process.

Despite the shortcomings in the draft ToR which they pointed out, the CSOs expressed the need to continue to have more meaningful discussions with the ASEAN governments so as to share each other’s views and opinions.

Ambassador Phuangketkeow concluded the forum, saying that “the HLP looks forward to the support, encouragement as well as exchange of views from civil society representatives on this important process.” He added that, “the HLP [continues] to regard the civil society groups as partners who have their own convictions and aspirations.”