Talking ASEAN on ASEAN Intergovernmental Commission on Human Rights 30 June 2014 AICHR Terms of Reference Review and The Development of Human Rights Protection in ASEAN by Yuyun Wahyuningrum
AICHR TERMS OF REFERENCE REVIEW AND THE DEVELOPMENT OF HUMAN RIGHTS PROTECTION IN ASEAN Yuyun Wahyuningrum Senior Advisor on ASEAN and Human Rights Human Rights Working Group (Indonesia) E: wahyuningrum@gmail.com 30 June 2014
Review and Amendment of the AICHR s Terms of Reference (TOR) To review the TOR Para 9.6 stipulates, This TOR shall be initially reviewed five years after its entry into force. This review and subsequent reviews shall be undertaken by the ASEAN Foreign Ministers Meeting, with a view to further enhancing the promotion and protection of human rights within ASEAN. Para 9.7. the AICHR shall assess its work and submit recommendations for the consideration of the ASEAN Foreign Ministers Meeting on future efforts that could be undertaken in the promotion and protection of human rights within ASEAN consistent with the principles and purposes of the ASEAN Charter and this TOR To amend the TOR Para 9.2. Any Member State may submit a formal request for an amendment of this TOR. Para 9.3. The request for amendment shall be considered by the Committee of Permanent Representatives to ASEAN in consultation with the AICHR, and presented to the ASEAN Foreign Ministers Meeting for approval. Para 9.4. Such amendments shall enter into force upon the approval of the ASEAN Foreign Ministers Meeting. Para 9.5. Such amendments shall not prejudice the rights and obligations arising from or based on this TOR before or up to the date of such amendments.
Cha-am Hua Hin Declaration on the Intergovernmental Commission on Human Rights Paragraph 7:...the TOR of the AICHR shall be reviewed every five years after its entry into force to strengthen the mandate and functions of the AICHR in order to further develop mechanisms on both the protection and promotion of human rights. This review and subsequent reviews shall be undertaken by the ASEAN Foreign Ministers Meeting.
REVIEW versus AMENDMENT Review Amendment The Review will be conducted by ASEAN Foreign Ministers Meeting The Purpose of the Review is to further enhancing the promotion and protection of human rights within ASEAN AICHR should a) assess its work and b) submit the recommendations for the consideration of ASEAN Ministers Meeting It is the Member State that may submit a formal request for an amendment of the TOR CPR should discuss the request in consultation with the AICHR, and present it to the ASEAN Foreign Ministers Meeting for approval Amendments shall enter into force upon the approval of the ASEAN Foreign Ministers Meeting
CSO s Role in the TOR s Review and Amendment AICHR AMM CPR Member States
Timeline in AICHR Date/Venue AICHR s Plan What CSO can do 8-9 March 2014, Jakarta AICHR Special Meeting on Assessing TOR Review Submit CSO s assessment on the work of AICHR 28 April 2014, Jakarta 29 April 2014, Jakarta 27-28 June 2014, Bangkok July/August, Singapore 3-8 August 2014 Consultation with stakeholders on the review of the TOR of AICHR Consultation with ASEAN with CSOs Regional Consultation with other Regional Human Rights Commissions, UN, CSOs, & human rights experts Special AICHR Meeting to consolidate input from consultations and finalize the AICHR submission to ASEAN Foreign Ministers Meeting 47 th ASEAN Foreign Ministers Meeting Participate. Inputs. Each country will have 5 representatives: 3 NGOs, 1 NHRI, 1 Think Tank Inputs to the respective invitees Inputs to the respective invitees Inputs to AMM
What we don t know now Modalities in AMM AMM may establish a High Level Panel/Working Group AMM may appoint SOM to do the review AMM may revert it back to AICHR The Timeline?
CSO s Assessment during the 1 st AICHR Consultation, 29/04 & 28-29/06, 2014 Lack of protection mandate and absence of dedicated secretariat with human rights expertise are the main hindrances to AICHR s work. Furthermore, AICHR has not been able to perform its functions regarding the Establishment of institutionalized relationship with stakeholders including the civil society and NHRIs (Art. 4.8, and 4.9), Collection of information on the promotion and protection of human rights by ASEAN member-states (Art. 4.10), Lobby ASEAN member-states on ratification or accession to international human rights conventions (Art. 4.5), Full implementation of the ASEAN human rights-related instruments (Art. 4.6), Advisory and technical assistance to ASEAN sectoral bodies (Art. 4.7), and Development of common approaches and position on human rights (Art. 4.11);
CSO s Assessment during the 1 st AICHR Consultation, 29 April 2014 There has been a contradiction between the international definition of the principles of rule of law, good governance, respect for fundamental freedoms, sovereignty and the noninterference doctrine, on the one hand, and their formulation in ASEAN documents on the other hand. The continuing lack of respect for human rights and impunity has undermined the effort to make the ASEAN human rights standards at par with the international standards; Inaccessibility at both national and regional levels create gaps in the understanding of the role of regional human rights mechanisms in ASEAN; Lack of transparency in the work of AICHR; Dominance of appointed representatives, rather than those domestically selected, that contributes to the lack of independence of AICHR.
CSO/NHRI Recommendations Widening the existing mandates, emphasizing on protection Creatively interpret the current mandates AICHR to strengthening the national mechanisms on human rights AICHR should consider NHRI as partner Establishing complaint mechanisms, precautionary measures, country visits, country peer-reviews; and having communication strategy and alliance with the media Guidelines - for the AHRD, and Guiding observations to the TOR interpretation Work closely with parliamentarians to encourage the ratification and acceding the international standards Institutional stakeholders engagements, more dialogue with key actors: CSO, NHRI, UN agencies More transparency, accountability, respect freedom of information
CSO/NHRI Recommendations Make the rights of vulnerable groups prominent in its programs; Give more attention to inter-generational rights regarding sustainable development; Make its website accessible to persons with disabilities or migrant workers; Raise the awareness of the people in ASEAN and have more training activities involving stakeholders; Engage civil society more actively in the decision-making process, and open space for stakeholder participation at the national and regional levels; Adopt creative ways to overcome the difficulty of having a consensus;
History CSO Advocacy in ASEAN Within all limitation in ASEAN: History of civil society engagement with ASEAN. It is a journey of believing that engagement can make change. History of national political opening contribute to the political space at regional level. History of democracy movements in ASEAN countries. The opening political spaces at the national level impact the situation at the regional level. History of interaction between national and international efforts and dialogue on human rights. Journey of believing that a human rights commission can be created in context of the region with no respect of values of democracy and human rights.
AICHR after five years The creation of AICHR is a step towards cooperation on human rights. It demonstrates that ASEAN integration is not always about economic cooperation. Generate human rights debates in ASEAN Generate civil society movement on human rights in ASEAN, both thematic-based or general issues Generate interests from other neighbor sub-region to establish similar mechanisms Generate cooperation and dialogue on human rights between ASEAN and its dialogue partners
AICHR after five years Human Rights Dialogue (25 June 2013): Government of Indonesia invited AICHR Representatives on Human Rights Dialogue to hear its report on human rights situation, its challenges and possible with AICHR in the future. The Government of Thailand has agreed to be the State to Report to AICHR on its human rights situation in August 2014 AICHR-CPR joint-collaboration to have a public discussion during the 46 th ASEAN Anniversary (August 2013) in ASEAN Secretariat in Jakarta taking the theme Community Building through the Implementation of the ASEAN Human Rights Declaration (AHRD) AICHR Thailand initiative on visiting Klongprem Central Prison (November 2013) to observe detention and treatment of female, child and undocumented migrants facilities Held a retreat in May 2013 to talk about country s human rights situation: Laos (on S. Somphone) and Myanmar (on Rohingya).
AICHR after five years AICHR Indonesia s initiative to hold the annual Jakarta Human Rights Dialogue as a venue for human rights stakeholders to discuss different topics on human rights: ASEAN Charter review and its implication to human rights architecture (2012), prevention of torture (2013) and death penalty (2014). Thailand will host similar initiative in November 2014 on Bangkok Human Rights Dialogue with the theme on access to justice. AICHR s Stakeholders meetings/consultations took place from 2012-2014 (On-going) AICHR Guideline in engaging civil society groups. Studies: CSR and human rights, migration and human rights, right to peace, trafficking in persons Country Visit 2014 Indonesia Engagement with International and regional human rights institutions
AICHR after five years Generated more discussion in both bilateral and multilateral relations among states in ASEAN and also with Dialogue Partners as well as among civil society in the region. Civil society groups are more organized in addressing issues both generally or thematically on human rights, especially to voice for the voiceless, promote social cohesion and equality, strengthen social capacities, advocate for ASEAN reform, ensure that ASEAN is accountable, and act as an important check-and-balance for the promotion and protection of human rights in the region. The growing activism of civil society organisations has been contesting the ASEAN s way of human rights socialisation, especially on holding non-interference and the rejection to the inclusion of self-determination in AHRD. The space/platform to debate human rights publicly in the region is gradually opened up
CSO Platforms in engaging ASEAN Name frequent Engaging the body ACSC/APF annually ASEAN SUMMIT Head of States/Governments ASEAN Disability Forum (ADF) annually ASEAN Youth Forum ASEAN Grass-root People Assembly annually annually ASEAN Community Dialogue annually ASEAN Committee Permanent Representatives (CPR) CPR Civil Society Forum to AMM on human rights Informal Dialogue between CSO and ASG annually ASEAN Ministers Meeting (AMM) Foreign Ministers annually ASEAN Secretary General (ASG) Secretary General Jakarta Human Rights Dialogue in ASEAN annually ASEAN Human Rights Mechanisms AICHR, ACWC GO-NGO Forum on Social Welfare & Development annually ASEAN Senior Official Meeting on SWD SOM officials
ASEAN Community Dialogue Jakarta, 2012 Jakarta, 2013
Dialogue with ASEAN Secretary General on Human Rights Jakarta, 2012 Jakarta, 2013
CSO s Engagement Meeting Minister Foreign Affairs, Jakarta, 2012 Meeting CPR Indonesia, Jakarta, 2013
CSO s Engagement PwD-AICHR Dinner, Jakarta, 2013 AHRD Consultation, Manila 2012
CSO s Engagement Visit ASEAN Foundation 2014 Visit Myanmar Ambassador to ASEAN, 2013-2014
CSO s Engagement Jakarta Human Rights Dialogue Consultation with AICHR on TOR