Opportunities for Civil
Society in AICHR TOR
Review & Amendment
Yuyun Wahyuningrum, Senior Advisor on ASEAN and Human
Rights, Human Rights Working Group, e-mail:
wahyuningrum@gmail.com
ASEAN Civil Society Conference/ASEAN People Forum 2014,
Myanmar Convention Center, Yangon 21-23 March 2014
AICHR’s Terms of Reference
(TOR) on the review
• Para 9.6 stipulates, “This TOR shall be initially reviewed five years
after its entry into force. This review and subsequent reviews shall be
undertaken by the ASEAN Foreign Ministers Meeting, with a view
to further enhancing the promotion and protection of human rights
within ASEAN.”
• Who can review TOR AICHR? ASEAN Foreign Ministers
Meeting
• What is the objective of the review? To further enhancing the
promotion and protection of human rights within ASEAN
•
Para 9.7. “the AICHR shall assess its work and submit recommendations
for the consideration of the ASEAN Foreign Ministers Meeting on
future efforts that could be undertaken in the promotion and protection
of human rights within ASEAN consistent with the principles and
purposes of the ASEAN Charter and this TOR”
• What AICHR should do? To a) assess its work and b) submit the
recommendations for the consideration of ASEAN Ministers
Meeting
• Review: to consider something in order to
make changes to it, give an opinion on it or study it
• We expect that the review will lead to amend, add,
omit some Paragraphs in the TOR AICHR
• But what TOR AICHR say about amendment?
AICHR’s Terms of Reference
(TOR) on Amendment
• Para 9.2. “Any Member State may submit a formal request
for an amendment of this TOR”.
• Para 9.3. “The request for amendment shall be considered
by the Committee of Permanent Representatives to
ASEAN in consultation with the AICHR, and presented to
the ASEAN Foreign Ministers Meeting for approval.”
• Para 9.4. “Such amendments shall enter into force upon the
approval of the ASEAN Foreign Ministers Meeting.”
• Para 9.5. “Such amendments shall not prejudice the rights
and obligations arising from or based on this TOR before or
up to the date of such amendments.”
REVIEW versus AMENDMENT
Review
Amendment
•
The Review will be conducted by
ASEAN Foreign Ministers
Meeting
•
It is the Member State that may
submit a formal request for an
amendment of the TOR
•
The Purpose of the Review is to
further enhancing the promotion
and protection of human rights
within ASEAN
•
•
AICHR should a) assess its work
and b) submit the
recommendations for the
consideration of ASEAN
Ministers Meeting
CPR should discuss the request
in consultation with the
AICHR, and present it to the
ASEAN Foreign Ministers
Meeting for approval
•
Amendments shall enter into
force upon the approval of the
ASEAN Foreign Ministers
Meeting
IMPORTANT ADVOCACY TARGET IN
TOR REVIEW and AMENDMENT
•Engage: inputs, meeting,
on review; assess the
work of AICHR;
amendment
•Engage: inputs,
meetings, on:
amendment
•Engage: lobby, inputs,
on the suggestion to
amend the TOR AICHR
•Engage: inputs, meeting
on assessing AICHR
work, recommendation
on review,
recommendation on
amendment
Calendar
Date/Venue
AICHR’s Plan
What CSO can do
8-9 March 2014,
Jakarta
AICHR Special Meeting on Assessing
TOR Review
Submit CSO’s assessment on the work
of AICHR
28 April 2014,
Jakarta
Consultation with stakeholders on the
review of the TOR of AICHR
29 April 2014,
Jakarta
Consultation with ASEAN organs and Participate. Inputs.
sectoral bodies, and with CSOs
Each country will have 5
representatives: 3 CSOs, 1 NHRI, 1
Think Tank
27-28 June 2014,
Bangkok
Regional Consultation with other
Regional Human Rights
Commissions, UN, & human rights
experts
Inputs to the respective invitees
July/August,
Singapore
Special AICHR Meeting – to
consolidate input from consultations
and finalize the AICHR submission to
ASEAN Foreign Ministers Meeting
Inputs to the respective invitees
3-8 August 2014
47th ASEAN Foreign Ministers’
Meeting
Inputs to AMM
Assessment
•
AICHR has been conceived as a regional human rights mechanism and at the same
time a political body to promote human rights in the region. It is therefore AICHR is
expected to
• provide a forward looking strategy to strengthen regional cooperation on human
rights in the region (Hua-Hin Declaration),
• function as an overarching body on human rights (TOR, Para. 6.8),
• obtain information from ASEAN member states on human rights situation (TOR,
Para. 4.10) and
• inform public periodically on AICHR’s work and activities (TOR, Para. 6.7).
•
The above elements should have created a complex synergy between AICHR’s role on
monitoring human rights situation, engaging wider population in ASEAN and
interacting politically with member states. However, in its four years work, balancing
these functions and role remains a challenge for AICHR.
•
In the last four years, the body’s capacity to adjust with the changing context and
structural challenges to protect human rights to which the system will have to respond.
This part has been reflected in AICHR’s work priorities, which has not been guided by
the aim to strengthen the system but rather to show case on what AICHR desires to
do.
Assessment
•
The period of October 2009 - March 2014 saw that AICHR’s capacity,
independency, ability to balance its role between political body and human
rights commission, ability to engage its stakeholders, setting the work priority
and self-perception are the main problem of AICHR to fulfill its mandate and
Head of State/Governments’ aspirations.
•
It should be noted here that the lack of technical and financial supports from
ASEAN Member States contributed to the slow progress of AICHR.
•
Rather than working in partnership with the States to improve the protection
of human rights, AICHR perceives itself as the defender of State’s interest.
•
AICHR is still reluctant to work with its stakeholders, especially with the
victims of human rights violations who have valid interests to the system.
This is in contradiction with the mandate given to AICHR as an overarching
human rights body.
•
Further more, AICHR also suffers from lack of legitimacy on the role of the
body in protecting human rights.
Recommendation
•
To revisit and assess the realization of Para. 4.10 and Para. 4.11 in the last four years,
and identify possible actions to implement these particular mandates in AICHR’s
work.
•
To balance the protection and the promotion mandate is necessary in order to
contribute to ASEAN Community.
• to receive, analyse and investigate individual petitions;
• To conduct on-site visits to monitor the situation of human rights of ASEAN Member States;
• To have capacity to call ASEAN Member States to adopt precautionary measures to avoid
serious and irreparable harm to human life and personal integrity;
• to establish an effective response to emergency situations and early warning systems; and
• to appoint independent special rapporteurs, working groups or similar mechanisms.
•
to have a series of genuine dialogues and consultations with its stakeholders —
primarily of the Member States, ASEAN organs, human rights institutions and user
organizations such as civil society— in assessing the work of AICHR, reviewing the
TOR and formulating the amendment of the TOR
Recommendation
• To consider the visions of Head of States/Governments in the
Hua-Hin Declaration: develop a forward looking strategy to
strengthen regional cooperation on human rights in ASEAN,
• serve as vehicle for progressive social development and justice and
the full realization of human dignity and the attainment of higher
quality of life for ASEAN people,
• gain full support and provision of adequate resources by ASEAN
Member States,
• acknowledge the contribution of stakeholders in the promotion and
protection of human rights in ASEAN, and encouraged their
continuing engagement and dialogue,
• develop in evolutionary approach in achieving cooperation on
human rights as an overarching institution,
• balance its mandate on promotion and protection of human rights.