National Human Rights Commissions in ASEAN Pledge Support for ASEAN Human Rights Body

 

The national human rights institutions of Indonesia, Malaysia, the Philippines, and Thailand are standing united in support of a human rights body for the region. The provision for the body is provided for in the newly signed Charter of the Association of Southeast Asian Nations (ASEAN). The terms of reference (TOR) for the body, however, has yet to be fleshed out by ASEAN foreign ministers.

Human rights commissioners from the four ASEAN nations held a consultative meeting in Manila on January 29-31, 2008 in furtherance of their agreement to cooperate on human rights issues of common concern and work towards the establishment of an ASEAN human rights mechanism. In one of their sessions, they discussed the possible elements of a TOR which they can propose to ASEAN. They agreed that the human rights body should be a commission with the provision of expanding, in the future, into a human rights court. Members of the commission are to be appointed by ministries of foreign affairs of all ASEAN member-states, from a list of candidates nominated by a selection committee comprised of national human rights institutions (NHRIs) and civil society organizations. Once in place, the powers and functions of the commission should include protection, promotion and monitoring. The common proposal is set to be finalized by the four NHRIs in the next few months.

The NHRIs are also exploring means by which they can individually ensure that the human rights body is created. For the Commission on Human Rights of the Philippines, Chairperson Purificacion C. Valera Quisumbing reported that her team plans to lobby with the Senate by releasing advisories on the Charter. Ratification of the Charter by all ASEAN member-states will enable the provision which calls for the establishment of the human rights body. In the Philippines, it is the Senate which will deliberate on the ratification of the Charter.

“We laud the human rights commissioners from ASEAN for their concern and support for the fate of the human rights body. NHRIs can contribute greatly when ASEAN formulates the TOR because of their expertise and experiences in human rights. We look forward to working with the NHRIs in ASEAN in giving life to the AHRB,” said Co-Chairperson Marzuki Darusman of the Working Group for an ASEAN Human Rights Mechanism (Working Group). Darusman, who was also formerly the chairperson of the Indonesian National Human Rights Commission or KOMNAS HAM, was invited to share the Working Group’s experience in engaging ASEAN for a human rights mechanism.

The four NHRIs have been involved in the Working Groups efforts to establish a human rights mechanism since 2001. In June 2007, the NHRIs entered into a formal cooperation agreement to support the work on the establishment of the ASEAN human rights mechanism. They also agreed to collaborate on five thematic issues that are inter-border concerns: terrorism, trafficking in persons, migrant workers, right to development, and human rights education.