Working Group Statement on the ASEAN Foreign Ministers Consensus for a Human Rights Commission in the ASEAN Charter

Outgoing ASEAN Secretary General Ong Keng Yong addresses the Working Group

The Working Group for an ASEAN Human Rights Mechanism (the Working Group) welcomes the ASEAN foreign ministers’ consensus in backing the creation of an intergovernmental human rights commission and considers it as the most significant development to take place during the ongoing 40th ASEAN Ministerial Meeting in Manila, Philippines.

The initiative to set up an ASEAN human rights commission traces its roots to the 26th ASEAN Ministerial Meeting (AMM) in Singapore in 1993 when ASEAN foreign ministers “agreed that ASEAN should also consider the establishment of an appropriate regional mechanism on human rights” in support of the Vienna Declaration and Programme of Action of June 25, 1993.

As early as 2000, in compliance with an earlier suggestion from ASEAN that it submit a proposal for an appropriate human rights regional mechanism, the Working Group submitted a working document entitled Draft Agreement for the Establishment of the ASEAN Human Rights Commission for ASEAN’s consideration.

In 2005, ASEAN heads of state committed themselves to establishing an ASEAN Charter which “will confer a legal personality to ASEAN and determine the functions, develop areas of competence of key ASEAN bodies and their relationship with one another in the overall ASEAN structure.” They established an Eminent Persons Group (EPG), comprised of respected ASEAN statesmen, to provide recommendations for the Charter which are relevant to the ASEAN Community.

In 2007, ASEAN heads of state endorsed the EPG recommendations to the high level task force (HLTF) who were tasked to draft ASEAN Charter. The report discussed the possibility of setting up an ASEAN human rights mechanism and observed that this was a worthy idea that must be pursued. During the ASEAN Ministerial Meeting Retreat in Cambodia on March 2007, ASEAN foreign ministers decided that the HLTF can include a draft enabling provision in the Charter to create a human rights commission as an organ of ASEAN.

The Working Group encourages the HLTF to remain bold and visionary as it institutionalizes the system of promoting and protecting human rights throughout ASEAN by crafting the enabling provision for the human rights body in the much-awaited Charter. The Working Group looks forward to the finalization of an ASEAN Charter which is truly visionary, inspiring, and people-centered.

The Working Group is aware that there are still challenges confronting the establishment of the regional human rights commission but is also cognizant of the many positive developments in the advocacy. The Working Group remains committed to engaging ASEAN until the ASEAN human rights commission becomes a reality.