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Progress made on ASEAN human rights body

Participants at recent workshop universally agreed on the need for the proposed regional human rights body, however, no consensus was reached on its powers or composition

About 60 participants attended at workshop earlier this month to discuss the establishment of the ASEAN human rights mechanism.

While the need for a regional human rights body was universally recognised, no consensus was reached on the powers it should be given or its composition.

In particular, there was a divergence of opinion on whether the body should focus on the promotion of human rights - through education and advocacy - or have broader powers to investigate complaints in member countries.

The 7th Workshop on the ASEAN Regional Mechanism on Human Rights, held on 12 and 13 June, brought together representatives from government agencies, national human rights institutions (NHRIs) and civil society groups from ASEAN member-states.

ASEAN NHRIs from Malaysia, the Philippines and Thailand attended as participants, while the APF Secretariat attended as an observer.

From the floor, participants proposed that the ASEAN human rights body be empowered to: 

  • study and promote relevant international human rights treaties
  • submit thematic reports
  • draft human rights declarations for consideration by ASEAN
  • submit state reports, coupled with an optional protocol to conduct investigations, and
  • act on its findings and be given resources for its operations.

They also noted that, while the ASEAN human rights body will necessarily be an inter-governmental body, it should be transparent and consultative, and have a regular dialogue with civil society groups, NHRIs and other stakeholders on matters such as the appointment of its members.

Some participants also raised concerns that the new human rights body should not be set up at the expense of other ASEAN human rights initiatives, such as a commission on the rights of women and children and a declaration, signed in January last year, to protect migrant workers’ rights.

The Summary of Proceedings, which includes the conclusions and recommendations from the workshop, highlighted the need:

  • for ASEAN member countries that not already done so to establish NHRIs
  • to involve/consult with NHRIs in the development and operation of the ASEAN human rights body, and
  • for a more formal dialogue between ASEAN and ASEAN NHRIs.

Recommendations from the workshop will be presented to ASEAN’s High-Level Panel, responsible for drafting the terms of reference for the regional human rights body.  The panel will be established shortly and is expected to meet in July 2008.

Find out more

For an overview of the key points of agreement and debate from the workshop, read Human Rights: ASEAN’s way forward, written by Simon SC Tay, Chairman of the Singapore Institute of International Affairs and co-chair of the workshop.

THE ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS ©2008

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