OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

Similar documents
Towards a Human Rights System in the Asian Region?

in the Asia-Pacific Region.

CONCLUSIONS OF THE ELEVENTH WORKSHOP ON REGIONAL COOPERATION FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN THE ASIA-PACIFIC REGION

Workshop Title: Migration Management: Sharing Experiences between Europe and Thailand. Banyan Tree Hotel, Bangkok (13-14 June 2012)

Resolution adopted by the Human Rights Council on 22 June 2017

MOROCCO'S CONTRIBUTIONS AND COMMITMENTS IN THE FIELD OF HUMAN RIGHTS

Draft declaration on the right to international solidarity a

Candidature of the Republic of Angola to the Human Rights Council. Term

Universal Periodic Review of the NZ government's human rights record

Resolution adopted by the Human Rights Council on 30 June 2016

The United Nations Global Plan of Action to Combat Trafficking in Persons. Table of Inputs on First Draft

Statement of Mr. Amr Nour, Director, Regional Commissions New York Office:

Resolution adopted by the General Assembly on 10 December [without reference to a Main Committee (A/69/L.31 and Add.1)]

Governing Body Geneva, March 2009 FOR DECISION

The ASEAN Intergovernmental Commission on Human Rights (AICHR) Annual Report 2018

Deborah M. Weissman Reef C. Ivey II Distinguished Professor of Law University of North Carolina School of Law UNC World View November 11, 2015

Economic and Social Council

Nuremberg Declaration on an EU-ASEAN Enhanced Partnership

First Regional Conference on Building Networks to Strengthen ASEAN Human Rights Cooperation April 3 to 6, 2006 Manila, Philippines

Human Rights Council. Integrating the human rights of women throughout the United Nations system

UN Global Plan of Action against Trafficking in Persons DRAFT (19 July 2010)

HIGH-LEVEL BRIEFING ON THE PARTNERSHIP TO STRENGTHEN SUPPORT TO NATIONAL HUMAN RIGHTS INSTITUTIONS A

Memorandum of Understanding. between the Council of Europe and the European Union

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/67/458)]

Extraordinary Meeting of the Arab Regional Consultative Process on Migration and Refugee Affairs (ARCP)

UNITED NATIONS DEVELOPMENT PROGRAMME UNIVERSAL PERIODIC REVIEW: PHILIPPINES INPUTS FROM UNDP PHILIPPINES

A/HRC/RES/32/33. General Assembly. United Nations. Resolution adopted by the Human Rights Council on 1 July 2016

Asia Europe Cooperation Framework 2000 Seoul 21 October 2000

Towards safe, orderly and regular migration in the Asia-Pacific region Challenges and opportunities

Resolution adopted by the General Assembly on 21 December [on the report of the Third Committee (A/65/457)]

Publications list. December 2017

Workshop on regional arrangements for the promotion and protection of human rights. Report of the United Nations High Commissioner for Human Rights*

7 September 2004 MLC/SB/am

Fifth Workshop on an ASEAN Regional Mechanism on Human Rights Kuala Lumpur, Malaysia June 2006 SUMMARY OF PROCEEDINGS

Annex. Twelfth United Nations Congress on Crime Prevention and Criminal Justice

Official Journal of the European Communities C 165/23

IV. HUMAN RIGHTS TREATY BODIES

General Assembly Economic and Social Council

STATUS AND TREATMENT OF REFUGEES

INTER-PARLIAMENTARY UNION 122 nd Assembly and related meetings Bangkok (Thailand), 27 th March - 1 st April 2010

Pakistan-Candidate for the Human Rights Council ( ) Contribution, Voluntary Pledges and Commitments

General Assembly. United Nations A/C.2/67/L.15/Rev.1. International migration and development. Distr.: Limited 12 December 2012.

Committee on the Rights of the Child - Working Methods

분쟁과대테러과정에서의인권보호. The Seoul Declaration

Human Rights Council. Resolution 7/14. The right to food. The Human Rights Council,

COMMISSION OF THE EUROPEAN COMMUNITIES

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/64/440 and Corr.1)]

OPERATIONS MANUAL BANK POLICIES (BP) These policies were prepared for use by ADB staff and are not necessarily a complete treatment of the subject.

The following resolution was adopted without a vote by the General Assembly on 19 December 2006, as resolution 61/143

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/68/456/Add.2)]

"One World, One Dream"

THE SIXTH GLOBAL FORUM OF THE UNITED NATIONS ALLIANCE OF CIVILIZATIONS UNITY IN DIVERSITY: CELEBRATING DIVERSITY FOR COMMON AND SHARED VALUES

15th Asia and the Pacific Regional Meeting Kyoto, Japan, 4 7 December 2011

The International Organization for Migration (IOM)

Memorandum of Understanding (MOU) on Labour Migration

The United Nations Global Plan of Action to Combat Trafficking in Persons. Table of Inputs on First and Second Drafts 16 June 2010

E#IPU th IPU ASSEMBLY AND RELATED MEETINGS. Sustaining peace as a vehicle for achieving sustainable development. Geneva,

Situation of human rights in the Democratic People s Republic of Korea*

A/HRC/WG.6/10/NRU/2. General Assembly. United Nations

ASEAN and Human Rights By Sinapan Samydorai

Political-Security Pillar of ASEAN

Convention on the Elimination of All Forms of Discrimination against Women

Third Workshop for an ASEAN Regional Mechanism on Human Rights Bangkok, May Summary of Proceedings

Convention on the Elimination of All Forms of Discrimination against Women

General Assembly UNITED NATIONS. Distr. GENERAL. A/HRC/WG.6/2/TON/3 [date] Original: ENGLISH

Resolution adopted by the General Assembly. [on the report of the Sixth Committee (A/64/453)] 64/118. Measures to eliminate international terrorism

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/488/Add.2 and Corr.1)]

International Human Rights Cooperation. Strategy for the Government s approach

4 E/CN.15/2006/10. 5 Council of Europe and the United Nations, Trafficking in Organs, Tissues and

Statement by H.E. Ms. Inga Rhonda King, President of ECOSOC. 14 September 2018

ZACATECAS DECLARATION 15 October 2004

Convention on the Elimination of All Forms of Discrimination against Women

International Council on Social Welfare. Global Programme 2005 to 2008

Adopted on 14 October 2016

SUMMARY OF PROCEEDINGS

Resolution adopted by the Human Rights Council on 29 September /15. National institutions for the promotion and protection of human rights

Written statement * submitted by the Friends World Committee for Consultation, a non-governmental organization in general consultative status

Convention on the Elimination of All Forms of Discrimination against Women

Strengthening capacities to safeguard intangible cultural heritage for sustainable development

Concluding observations on the initial report of Lesotho**

Resolution adopted by the Human Rights Council on 23 June /25. The negative impact of corruption on the enjoyment of human rights

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/61/438)] 61/144. Trafficking in women and girls

UPDATE ON ANNIVERSARY ACTIVITIES BY MR. CRAIG MOKHIBER CHIEF, DEVELOPMENT AND ECONOMIC AND SOCIAL ISSUES BRANCH

Check against delivery. Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families 20 th Session

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

113th ASSEMBLY OF THE INTER-PARLIAMENTARY UNION AND RELATED MEETINGS Geneva,

Resolution adopted by the General Assembly. [on the report of the Sixth Committee (A/62/455)] 62/71. Measures to eliminate international terrorism

Strategy for regional development cooperation with Asia focusing on. Southeast Asia. September 2010 June 2015

Chairman s Statement of the 4 th East Asia Summit Cha-am Hua Hin, Thailand, 25 October 2009

The Berne Initiative. Managing International Migration through International Cooperation: The International Agenda for Migration Management

BALI PROCESS AD HOC GROUP SENIOR OFFICIALS MEETING COLOMBO, SRI LANKA, 16 NOVEMBER 2016 CO-CHAIRS STATEMENT

Governing Body 322nd Session, Geneva, 30 October 13 November 2014

DOHA DECLARATION On the Occasion of the 5 th ACD Ministerial Meeting Doha, Qatar, 24 May 2006

Original: English 23 October 2006 NINETY-SECOND SESSION INTERNATIONAL DIALOGUE ON MIGRATION 2006

ASEAN-UN Comprehensive Partnership. September August 2016 Report. Jointly Submitted by the ASEAN and UN Secretariats.

Anti-Corruption Action Plan for Asia and the Pacific. Implementation Strategy

Economic and Social Council

JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

INTER-PARLIAMENTARY UNION 122 nd Assembly and related meetings Bangkok (Thailand), 27 th March - 1 st April 2010

CLOSING STATEMENT H.E. AMBASSADOR MINELIK ALEMU GETAHUN, CHAIRPERSON- RAPPORTEUR OF THE 2011 SOCIAL FORUM

Transcription:

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS DISCUSSION PAPER BY PROFESSOR VITIT MUNTARBHORN EXPLORING THE WINDOW OF OPPORTUNITIES: Evolving a Framework for the Promotion and Protection of Human Rights in the Asia-Pacific Region JULY 2007

Vitit Muntarbhorn Exploring the Window of Opportunities: Evolving a Framework for the Promotion and Protection of Human Rights in the Asia-Pacific Region Given the vastness and heterogeneity of the Asia-Pacific region, one of the recurrent challenges facing the region is the building of a comprehensive national system for the promotion and protection of human rights, in addition to a correlative framework at the regional level. The past decade has witnessed progress in some key areas, while there is a further window of opportunities to be explored in other areas. They include the following dimensions. First, there has been an expansion of various institutions and mechanisms for the promotion and protection of human rights at the national level. Today, there are some 20 countries which have national human rights commissions or the equivalent which offer key components of the national system to deal with critical human rights issues and those affected by them. Many have become part of a network at the Asia-Pacific level, thus offering an entry point for regional cooperation. That network is in the form of the Asia-Pacific Forum of National Human Rights Institutions which has set up an Advisory Council of Jurists to advise on aspects of human rights in the region. There is mutual interchange and capacity building through the process. Yet, the challenge is always effective implementation at the field level and access to all stakeholders. In reality, there is increasing realization that national systems for the promotion and protecting of human rights should comprise a broad range of actors and institutions. While governmental channels are important, there is much space for independent institutions, civil society participation, media inputs and various checks and balances varying from an active judiciary to parliamentary committees and the totality of the democratic process. Second, for over a decade, Asia-Pacific countries have participated in periodic/annual regional workshops under the umbrella of the United Nations (UN), particularly the Office of the UN High Commissioner for Human Rights (OHCHR), which have developed various pillars for common activities at the regional level. Operational since 1998, the activities focus on four areas: national human rights institutions (such as national human rights commissions); national human rights action plans; human rights education; and the realization of economic, social and cultural rights and the right to development. The OHCHR has been instrumental in assisting the organisation of numerous workshops on these areas as well as providing technical assistance for a range of related activities. The various forums have become more open to civil participation as well as that of national human rights institutions. They have been exploring more thematic issues of common interest, such as human trafficking and poverty. Third, UN presence in the region has grown. This ranges from OHCHR country offices to offices at the regional and other levels to help promote capacity-building and programming. This is complemented by the rise of UN country teams, 2

encompassing the variety of UN agencies at the field level, with a view to integrating human rights into and through all UN activities. Interestingly, the UN Development Programme is now setting up governance centres, including in the Asian region, which delve into various aspects of human rights, such as research and capacity building on women s rights and indigenous issues. There are also OHCHR inputs through a number of UN peace-keeping units in the region. The types of presence may range from the establishment of OHCHR offices to the stationing of human rights advisers in various countries, and programmes supported directly from Geneva. There is greater emphasis on country engagement programmes supported by the OHCHR s Plan of Action which offers more possibilities for field-related activities enabling the reinforcement of national systems. On a related front, the increasing participation of Asia-Pacific countries in various human rights treaties propelled by the UN is welcome. While the most ratified treaty is the Convention on the Rights of the Child, countries have become more open to acceding to other treaties such as the Women s Convention, the Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights. The newly adopted Convention on the Rights of Persons with Disabilities has enjoyed broad support from this region and there is likely to be widespread ratification accordingly. Some countries have also opened the door to visits by the special procedures of the UN, such as Special Rapporteurs or Special Representatives of the UN Secretary-General. Fourth, various inter-governmental organisations in the Asia-Pacific region have been exploring opportunities to promote and protect human rights beyond the national setting. In West Asia, there is the League of Arab States which has been instrumental in propelling a revised version of a longstanding Arab Charter of Human Rights. The 2004 version offers many improvements from the 1994 text to ensure more consistency with international human rights standards. There is also the possibility of expanding the monitoring of human rights implementation at the national level by means of an Arab Human Rights Committee to be established under the Charter. The South Asian Association on Regional Cooperation (SAARC) has moved towards more specific treaties on various dimensions of human rights. These include the 2002 SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution and the SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia; and the 2004 SAARC Social Charter which addresses poverty and development issues to complement global targets such as the Millennium Development Goals (2000). In South-east Asia, there is the Association of South-east Asian Nations (ASEAN) which has moved towards the possibility of establishing a human rights mechanism. In 2004, the group adopted the Vientiane Plan of Action which referred to the possibility of an ASEAN Commission on Women s Rights and Children s Rights. More recently, it adopted a Declaration on the Rights of Migrant Workers. ASEAN is now drafting an ASEAN Charter as a kind of Constitution for the region; this could include a specific reference to human rights, a human rights mechanism, and other actions to promote implementation of the Charter. On another front, there is the Pacific Islands Forum which has been supportive of the establishment of national human rights institutions as well as possibly a regional framework for activities. 3

Fifth, 2007 is a timely window on UN reforms, since key changes have been taking place at the UN level which will have impact on the Asia-Pacific region. The new UN Human Rights Council recently adopted a text proposed by its President which introduces various new elements for the promotion and protection of human rights worldwide. The new mechanism of Universal Periodic Review will be operationalised under the umbrella of the Human Rights Council; it is a review process covering all countries in relation to their implementation of human rights, particularly at the national level. It is likely that each of the countries will be reviewed every four years, and the process is to be based upon interactive and constructive dialogue, inviting the State to be reviewed to submit a short report, together with compilation of information and inputs from other sources, subject to analysis by the Council. The process may lead to technical cooperation as well as other measures. The UN reforms include a new process for individual communications to the Council, with improved access and information to those sending such communications. The above developments thus offer a window of opportunities to be maximized, with more focused measures as follows: - support effective implementation of human rights, especially at the national level, through the building of comprehensive systems for the promotion and protection of human rights, including the presence and network of national human rights commissions or the equivalent, with adequate resources; - maximize the value-added of the periodic workshops which have been taking place under the UN umbrella by focusing on key activities in a sustained manner through a variety of methods; where workshops are organized, they should aim for a workshop-plus process with emphasis on follow-up activities after each workshop and the incorporation of human rights into concrete programming with the involvement of key stakeholders; - foster the work of UN country teams so as to help integrate human rights into the national and regional settings; a related activity could be the promotion of implementation of the recommendations of the various human rights treaty bodies and other UN mechanisms; and more ratification of human rights treaties and engagement of UN special procedures, together with related capacity-building; - interchange between the experiences of various inter-governmental organisations which are taking initiatives on human right instruments and mechanisms, and provide support to enhance complementarity with the international framework; - introduce the region to the new UN reforms and help prepare countries for the Universal Period Review and other processes, with broad civil society participation, premised upon the nexus between human rights, democracy, peace and sustainable development. 4

Vitit Muntarbhorn is a Professor of Law at Chulalongkorn University, Bangkok. He has helped the UN in a variety of capacities, including as an expert, consultant and Special Rapporteur. This paper is for the 14 th Annual Workshop of the Framework of Regional Cooperation for the Promotion and Protection of Human Rights in the Asia- Pacific Region, Bali, 10-12 July 2007. 5