Participants at the 8th Workshop anticipates more engagements with the human rights body

Participants at the 8th Workshop on an ASEAN Regional Mechanism on Human Rights reiterated their vision of a regional system which is progressively capable of effectively promoting and protecting human rights in light of the expected adoption of the Terms of Reference (ToR) that will establish an ASEAN human rights body (AHRB).

In his welcome remarks, Dato Param Cumaraswamy noted that many would have preferred a stronger and more balanced body than what would most likely be established. However, he also stressed that the Working Group has adopted a constructive process of engagement as reflected by the current workshop.

Similarly, in a speech delivered by Deputy Permanent Secretary H.E. Ms. Chitriya Pinthong for H.E. Mr. Kasit Piromya, Permanent Secretary for Foreign Affairs of Thailand, it was observed that the workshop was especially crucial, taking into account the issue of human rights in the region. He also cautioned everyone that, “ASEAN is not people-oriented by its own history, hence people-oriented values in the ASEAN Charter like democracy, adherence to the rule of law, good governance and respect for human rights and fundamental freedoms, still have to be nurtured.” He further said that the AHRB should not be a stand-alone body but should, together with other bodies, form part of a human rights regime to be created within ASEAN.

Prof. Vitit Muntarbhorn, the Alternate Member of Thailand to the High Level Panel on an AHRB, then discussed the three C’s, context, content and contours, in the session on developing an ASEAN human rights regime. He reiterated that while the ToR may not be a perfect document, what it does not prohibit is not forbidden; thus, there are openings for protection activities. “A major challenge is for ASEAN to develop into an inter-peoples’ organization, and not just be an inter-executive association,” said Prof. Muntarbhorn, in relation to the opportunities civil society groups should optimize to be better involved in the processes of the AHRB.

Other sessions include the operationalization of the AHRB’s promotion and protection functions and the setting up of the AHRB. According to Dato Misran Karmain, Alternate Member of Malaysia to the HLP on an AHRB, the body may focus on the promotion functions on the outset but may gradually proceed with the protection function as part of its evolutionary process. In the same manner, Mr. Wigberto Tanada, Chairperson of the Philippine Working Group for an ASEAN Human Rights Mechanism suggested that the ToR be interpreted liberally to allow for greater protection of human rights.

Conversely, on the setting up of the AHRB, Ms. Hesti Armiwulan of Komnas HAM, the Indonesian Human Rights Commission and Mr. Rafendi Djamin of the Solidarity for Asian People’s Advocacy Task Force on ASEAN and Human Rights (SAPA-TFAHR) both looked into the selection process and composition of the AHRB. They emphasized the need to have representatives with integrity, independence, competence and expertise. They also supported the idea of creating a selection committee saying that it will allow transparency and people’s participation in the process as well.

From the floor, the participants raised questions and comments on the importance of making use of good practices on human rights at the country level and the need to establish human rights mechanisms that will cut across the three pillars of ASEAN. There were also discussions on the difficulties of addressing transnational human rights issues and how imperative it is to have strong policies at the national level as it may have a spill-over effect in the regional level.

Recommendations were also given by the participants from the government, NHRIs and civil society groups on ways and means to have better engagement with the AHRB. The government representatives believed that government agencies in ASEAN should provide logistical and substantive support for the AHRB’s work and also carry out stocktaking of the promotion and protection activities of ASEAN member states. The NHRIs, on the other hand, should continue to be considered partners of the AHRB and should closely collaborate with it in future activities. Lastly, civil society organizations emphasized their important role in selecting and determining the composition of the AHRB and the need for proactive engagement.

The participants recognized the weakness of the ToR as it currently stands and the challenges that the imminent AHRB will face in the future. However, as Ms. Usana Berananda of the Ministry of Foreign Affairs of Thailand put it, the ToR provides a platform where opportunities are present for ASEAN member-states to move to a “comfort level” where they will recognize the need to have a stronger body.

The eighth workshop on the ASEAN Regional Mechanism on Human Rights was held last 14-15 July 2009 in Bangkok, Thailand. Government officials, the ASEAN National Human Rights Institutions Forum (ASEAN NHRI Forum) and civil society groups were invited to engage in dialogue on the development of an ASEAN human rights regime for the promotion and protection of human rights in the region. The Working Group had previously organized workshops in Singapore, the Philippines, Malaysia and Indonesia.

View the Welcome Remarks for the 8th Workshop on the ASEAN Regional Mechanism on Human Rights of Dato Param Cumaraswamy here.

View the Presentation of Mr. Wigberto E. Tañada on the Operationalization of the AHRB’s Promotion and Protection Functions here.

View the Summary of Proceedings of the 8th Workshop on the ASEAN Regional Mechanism on Human Rights here.