Developments on Developments on Human Rights in ASEANHuman Rights in ASEAN

Mr. Ray Paolo J. SantiagoActing Secretary-GeneralWorking Group for an ASEAN Human Rights Mechanism

1988: Declaration of the Advancement of Women in the ASEAN Region

1993: World Conference on Human Rights and Vienna Declaration and Program of Action

Human Rights as universal, inherent, interrelated and interdependent

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.

1994: ASEAN ISIS Colloquium on Human Rights

1995: The Working Group for an ASEAN Human Rights Mechanism (Working Group) was set up by the Human Rights Committee of the Law Association of the Asia and the Pacific Region or LAWASIA.

an informal coalition of national working groups from ASEAN states which are composed of representatives of government institutions, parliamentary human rights committees, the academe, and NGOs

1996: ASEAN Foreign Ministers met the Working Group for an ASEAN Human Rights Mechanism to discuss about human rights in ASEAN and the issue of establishing an appropriate regional human rights mechanism

1997: “ASEAN Vision 2020” wherein it envisioned “ASEAN as a concert of Southeast Asian Nations, outward-looking, living in peace, stability and prosperity, bonded together in partnership in dynamic development and in a community of caring societies.”

1998: Hanoi Plan of Action to pursue the ASEAN Vision 2020.

mentioned the sharing of information on human rights

2000: “Draft Agreement for the Establishment of the ASEAN Human Rights Commission”

Submitted by the Working Group to the ASEAN SOM

2001: Representatives of governments, national human rights institutions, and civil society groups in ASEAN gathered in Jakarta to attend the 1st Workshop on an ASEAN Human Rights Mechanism. Subsequent workshops were held in Manila (2002), in Bangkok (2003), Jakarta (2004), Kuala Lumpur (2006), Singapore (2007) and Bangkok (2008).

2004: Bali Concord II: ASEAN Community with three pillars: (1) Political-Security, (2) Economic, and (3) Socio-Cultural

ASEAN adopted the Vientiane Action Programme (VAP) which specifically lists down certain Program Areas on Human Rights.

2005: ASEAN SOM asked the Working Group to help implement some human rights provisions of the VAP.

The establishment of a commission on the promotion and protection of the rights of women and children;Elaboration of an ASEAN instrument on the promotion and protection of the rights of migrant workers;Promoting education and public awareness on human rights in the region; andNetworking among existing national human rights institutions in the region

2004: Declaration Against Trafficking in Persons Particularly Women and Children

Declaration on the Elimination of Violence Against Women in the ASEAN Region.

2005-2007: The Eminent Persons Group (EPG) mention the need for a human rights mechanism as part of their recommendations for inclusion in the ASEAN Charter.

High Level Task Force (HLTF) on the Drafting of the ASEAN Charter

All ASEAN countries 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).

2007: Declaration on the Protection and Promotion of the Rights of Migrant Workers.

ASEAN Charter (Article 14)

1. In conformity with the purposes and principles of the ASEAN Charter relating to the promotion and protection of human rights and fundamental freedoms, ASEAN shall establish an ASEAN human rights body.

2. This ASEAN human rights body shall operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers Meeting.

2007: Declaration on the Protection and Promotion of the Rights of Migrant Workers.

ASEAN Charter (Article 14)

1. In conformity with the purposes and principles of the ASEAN Charter relating to the promotion and protection of human rights and fundamental freedoms, ASEAN shall establish an ASEAN human rights body.

2. This ASEAN human rights body shall operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers Meeting.

2008: ASEAN Charter enters into force

Pursuant to Article 14, ASEAN formed a High Level Panel on the ASEAN Human Rights Body

2009: ASEAN established the ASEAN Intergovernmental Commission on Human Rights

2010: ASEAN established the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children

The AICHR: Pertinent Provisions of its Terms of Reference

Inter-governmental and consultative

Its members are representatives of ASEAN Member States

Decision-making will be by consultation and consensus

Promote & protect human rights & fundamental freedoms

Promote human rights within the regional context

Uphold international human rights standards

State has primary responsibility

Approach: constructive & non-confrontational

Evolutionary approach towards development of human rights norms

Develop strategies

Develop an ASEAN Human Rights Declaration to establish a cooperation framework through HR instruments

Enhance public awareness of HR

Promote capacity building

Provide advisory services & technical assistance upon request

Engage in dialogue & consultation

Obtain information from member states

Prepare studies on thematic issues

Submit annual report, or other reports

Perform other assigned tasks

Work Plan and Priority Areas• Women and Children’s Issues (Maternal Mortality,

Statelessness)• Human Rights Education• Corporate Social Responsibility

ASEAN Human Rights Declaration

Engagement with civil society

Thank you.