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

2. 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

3. 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

4. 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)

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

6. 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)

7. 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

8. 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

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

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

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

12. 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

13. 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

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

15. 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

16. 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

17. 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……

18. 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….”

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

20. 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)

21. 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

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

23. 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

24. 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;

25. 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

26. 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.”

27. ASEAN Intergovernmental Commission on Human Rights (AICHR)

28. 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 ”

29. 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

30. ……
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

31. 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

32. 4.11 To develop common approaches and positions on human rights matters of interest to ASEAN;
To prepare studies on thematic issues on human rights in ASEAN….

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

34. 5.4. To advocate on behalf of women and children, especially the most vulnerable and marginalised, and encourage ASEAN members to improve their situation

35. 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;

36. 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;

37. 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..

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

39. ASEAN Human Rights Declaration ? Draft in 2012

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

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

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