ASEAN and Human Rights …an Introduction Vitit Muntarbhorn Law Faculty, Chulalongkorn University, Bangkok ASEAN and Human Rights …an Introduction

Human Rights ? Entitlements – what we should have (at least) guaranteed by the State For individuals and communities International standards as norms International monitoring National implementation as key

The primary responsibility for the promotion and protection of human rights rests with the State Respect for national sovereignty in the framework of international law Advocacy/claim of human rights is not considered to be interference in the internal affairs of a State

International framework Universality of human rights (international standards and monitoring) Indivisibility of human rights (civil, political, economic, social cultural rights go together) Inalienability of human rights (born with rights which states must guarantee)

Non discrimination As key principle Cannot discriminate against someone – irrespective of origins Protection of rights on our territory covers everyone

International standards/system Inspiration from our own cultures and 1948 Universal Declaration of Human Rights Human rights treaties UN Charter/Procedures (Special Procedures, Complaints procedure, UN organs such as UN Human Rights Council and Security Council) Universal Periodic Review (new)

9 Core Human Rights Treaties/Conventions Covenant on Civil and Political Rights Covenant on Economic, Social and Cultural Rights Convention on the elimination of all forms of racial discrimination Convention on the elimination of all forms of discrimination against women

Convention against torture, and other cruel, inhuman and degrading treatment Convention on the rights of the child Convention on the Rights of Migrant Workers and of their Families

Convention on the Rights of Persons with Disabilities Convention for the Protection of All Persons from enforced disappearance

Human Rights Conventions Consensual/consent based State reports Committee monitoring and recommendations Reforms at national level Perpetual cycle of monitoring

UN Charter Not necessarily consensual, consent based Special Procedures, e.g. Special Rapporteurs Complaints procedure for pattern of gross human rights violations

UN Human Rights Council mechanisms, e. g UN Human Rights Council mechanisms, e.g. Commission of Inquiry and Special Sessions Other UN organs, especially Security Council Responsibility to Protect doctrine

Universal Periodic Review Review of each country before UN Human Rights Council All ASEAN countries now covered Need follow up of recommendations from the Council Dialogue based, interactive process

National Developments Good developments e.g. Constitutions Law Policies Practices

Issues Constitutions as Social Contract Self-determination and multi-party State Use of National Security Laws Strong executive, weak judiciary and malleable parliament Media freedoms, freedom of expression, association, and dissidence

Criminal justice system/treatment of accused persons Violence against civilians, especially women and children Treatment of indigenous peoples and minorities Equitable growth, poverty and governance Internal tensions and armed conflicts

National human rights commission mandate Philippines: section 18 of 1987 Constitution: “ 1. Investigate on its own or on complaint by any party, all forms of human rights violations involving civil and political rights… 4. Exercise visitorial powers over jails, prisons or detention facilities……

6. Recommend to Congress effective measures to promote and provide for compensation to victims of human rights violations, or their families; 7. Monitor the Philippine Government’s compliance with international treaty obligations on human rights….”

Regional developments: ASEAN ASEAN Charter 3 ASEAN Communities and blueprints – security, economic, socio-cultural ASEAN Intergovernmental Commission on Human Rights (AICHR)

ASEAN Commission for the Promotion and Proection of the Rights of Women and Children (ACWC) ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW)

ASEAN Charter Article 14: ASEAN Human Rights Body 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

ASEAN Community Blueprints e.g. Security Community: A.1.5. Promotion and Protection of Human Rights Actions: 1. Establish an ASEAN human rights body through the completion of its Terms of Reference by 2009 and encourage cooperation between it and existing human rights mechanisms, as well as with other relevant international organizations

ii. Complete a stock-take of existing human rights mechanisms and equivalent bodies, including sectoral bodies promoting the rights of women and children by 2009; iii. Cooperate closely with efforts of the sectoral bodies in the development of an ASEAN instrument on the promotion and protection of the rights of migrant workers;

iv. Strengthen interaction between the network of existing human rights mechanisms as well as other civil society organizations, with relevant ASEAN sectoral bodies; v. Enhance/conduct exchange of information in the field of human rights among ASEAN countries in order to promote and protect human rights and fundamental freedoms of peoples in accordance with the ASEAN Charter , the UNC and the UDHR and the Vienna Declaration and Programme of Action

vi. Promote education and public awareness on human rights; and Vii. Cooperate closely with efforts of the sectoral bodies in the establishment of an ASEAN commission on the promotion and protection of the rights of women and children.”

ASEAN Intergovernmental Commission on Human Rights (AICHR)

Uphold UNC and international law Universality, indivisibility, ….. “ uphold international human rights standards as prescribed by the Universal Declaration of Human Rights, the Vienna Declaration and Programme of Action (of 1993 World Human Rights Conference) and international human rights instruments to which ASEAN member States are parties ”

AICHR Mandate 4.1. To develop strategies for the promotion and protection of human rights and fundamental freedoms to complement the building of the ASEAN Community 4.2. To develop an ASEAN Human Rights Declaration with a view to establishing a framework for human rights cooperation through various ASEAN conventions and other instruments dealing with human rights

…… 4.8. To engage in dialogue and consultation with other ASEAN bodies and entities associated with ASEAN, including civil society organisations and other stakeholders, as provided for in Chapter V of the ASEAN Charter

4.9. To consult, as may be appropriate, with other national, regional and international institutions and entities concerned with the promotion and protection of human rights; 4.10. To obtain information from ASEAN Member States on the promotion and protection of human rights

4.11 To develop common approaches and positions on human rights matters of interest to ASEAN; 4.12. To prepare studies on thematic issues on human rights in ASEAN….

ACWC Mandate: 5.1. To promote the implementation of international instruments, ASEAN instruments and other instruments related to the rights of women and children

5.4. To advocate on behalf of women and children, especially the most vulnerable and marginalised, and encourage ASEAN members to improve their situation

5.6. To assist, upon request by ASEAN Member States, in preparing for CEDAW and CRC Periodic Reports, the Human Rights Council’s Universal Periodic Review (UPR) and reports for other Treaty Bodies, with specific reference to the rights of women and children in ASEAN;

5.7. To assist, upon request by ASEAN Member States, in implementing the Concluding Observations of CEDAW and CRC and other Treaty Bodies related to the rights of women and children;

5.12. To propose and promote appropriate measures, mechanisms and strategies for the prevention and elimination of all forms of violation of the rights of women and children, including the protection of victims..

ACMW More of a coordination body than a protection body, and to promote implementation of 2007 ASEAN Declaration on the rights of migrant workers Involved with drafting of ASEAN instrument (Convention?) on the rights of migrant workers

ASEAN Human Rights Declaration ? Draft in 2012

Steps ahead: Implementation and Improvement Laws Policies Programmes/practices Mechanisms/personnel Resources

Information/monitoring Education/capacity development Network/partnership/mobilization/cooperation

Promotion and Protection Human Rights……..OUR PARTNERSHIP ……..RIGHTS OF ALL FOR ALL ……..Thank You!