The ASEAN Intergovernmental Commission on Human Rights : An Update Honey Tan Lay Ean Persatuan Kesedaran Komuniti, Selangor (EMPOWER) National Consultation.

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Presentation transcript:

The ASEAN Intergovernmental Commission on Human Rights : An Update Honey Tan Lay Ean Persatuan Kesedaran Komuniti, Selangor (EMPOWER) National Consultation on ASEAN Structures and Processes Tuesday, 15 September 2009 Shah’s Village Hotel, Petaling Jaya

How it began… Article 14 of the ASEAN Charter High Level Panel - Appointment – Tan Sri Fuzi (HLTF) - Consultation with CSOs National: Suaram, Empower, Komas Regional: WG, NHRIs, SAPA and WC

What is the AICHR Article 3 Intergovernmental body Integral part of ASEAN organisational structure Consultative bodies

Purposes Promotional Article 1.4: “To promote human rights within the regional context… mutual respect for different historical, cultural and religious backgrounds…”

Purposes Cultural relativism Universality Cultures and religions subject to human interpretation: not static, contextual in time and place

Principles Areas of potentially contradictions e.g., non-interference (Article 2.1b), sovereignty (Article 2.1a) and decision making by consensus (Article 6.1) V adherence to rule of law and good governance (Article 2.1d) and principles of human rights (Article 2.2)

Principles Non-discrimination, avoidance of double standards (equality?) and politicisation (Article 2.2) Evolutionary approach to the development of human rights, norms and standards in ASEAN (Article 2.5)

Mandates & Functions Mostly promotional Engage in dialogue and consultation with CSOs and other stakeholders (Article 4.8) Obtain information from ASEAN members on the promotion and protection of human rights (Article 4.10)

Mandates & Functions To prepare studies on thematic issues (Article 4.12) Draft ASEAN Human Rights Declaration (Article 4.2) Nothing about inquiries, redress mechanisms

Composition Representatives, not Commissioners Accountable to the appointing government – not independent (Article 5.2) Consider gender equality (?), integrity and competence 3 years + 1 renewal

Modalities Reports to the Foreign Ministers (Article 6.6) Overarching human rights institution in ASEAN with overall responsibility for promotion and protection of human rights (Article 6.8)

Modalities Article 6.9 Work with all ASEAN sectoral bodies for ultimate alignment with the AICHR (?) Closely consult, coordinate and collaborate to promote synergy and coherence in ASEAN’s promotion and protection of human rights ACWC / ACMW – what about them?

Role of Sec-Gen Article 7 ASEAN Secretariat is to be secretariat for AICHR Sec-Gen may bring relevant issues to AICHR, but shall concurrently inform the Foreign Ministers of these issues

Review Article 9 5 years

What’s next in AICHR October, Thailand Political Declaration Appointment of Commissioners Establishment and Launch of AICHR

What’s next in 2009? – Malaysian NGOs National Coalition National strategies for engagement with AICHR (objectives, operationalising decisions, identifying cases for reference, engagement with Commissioner) Regional Coalitions: SAPA and WC (migrant workers, indigenous peoples, environment, people with disabilities)

Thank you