Philippine HLP Representative Engages in a Dialogue with CSOs

Immediately after the 42nd ASEAN Ministerial Meeting (AMM) in Phuket, Thailand, Ambassador Rosario G. Manalo, the Philippine representative to the High Level Panel (HLP) on an ASEAN human rights body, briefed the public about the recently adopted Terms of Reference (ToR) creating the ASEAN Intergovernmental Commission on Human Rights (AICHR). She presented the ToR of the AICHR and engaged the participants in a discussion on its implementation, particularly, on its mandate, functions and composition.

The participants, who were mostly from civil society, their concerns regarding the selection process and composition of the Commission, the role of the Commission in promoting the ratification of other human rights instruments, and the applicability of the ToR in dealing with specific issues like on Myanmar, territorial claim of Sabbah and on the rights of persons with disabilities.

Responding to the questions on the selection process and composition of the Commission, Amb. Manalo shared that the selection of representatives varies according to the internal processes of every ASEAN member-state. She further pointed out that the moment a person is appointed as a representative, he or she will be held accountable to the appointing government. For the Philippines, she said that the Department of Foreign Affairs will be in charge of holding the selection process so it is up to them how they will conduct it. She also informed everyone that the ToR does not provide for submission of complaints to the commission, but optimistically opined that when the commission eventually sets up subcommittees made up of experts, measures on complaints mechanism may be taken into consideration.

With regard to the question raised on addressing specific issues, Amb. Manalo shared that the Commission adheres to the principle of non-interference. However, it may consider and assert provisions from the Universal Declaration on Human Rights and from the two core documents which the ten ASEAN member-states have ratified – the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). She further hinted that what is not prohibited is not forbidden.

The participants anticipate the imminent establishment of the AICHR, which will be endorsed and formally launched through a political declaration during the 15th ASEAN Summit. They agreed that in spite of the shortcomings of the ToR, the evolutionary approach gives them hope that the Commission will evolve into a better institution. They are also optimistic that there is room for flexible interpretations given a number of vague provisions in the ToR.

The Briefing with Ambassador Manalo took place on 28 July 2009 in Makati City, Philippines. It is a follow-up to the consultation on the first draft of the terms of reference held last 3 March 2009 which was also organized by the PWG. In the first consultation, the Philippine HLP representative also welcomed inquiries from CSOs on issues such as the balance of promotion and protection functions, the possibility of having a court, the rights of women, children, workers and others, and the concept of cultural relativism. She concluded the said briefing by regarding the government and CSO as partners who should learn to find ways to trust each other.