Human Rights Cooperation in ASEAN

7/27/2019 Human Rights Cooperation in ASEAN

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Cooperation among

Human Rights

Mechanisms in thePromotion and Protection

of Human Rights

Ms. Yuyun Wahyuningrum, Senior Advisor on ASEANand Human Rights, HRWG-Indonesia,

[email protected]

Seminar on Human Rights Mechanisms in ASEAN:

Challenges and Ways Forward, 10-11 June 2013,



“AICHR review offers hope for human rights progress”, Yuyun Wahyuningrum

Published: 22 Feb 2013, Bangkok Post, http://www.bangkokpost.com/opinion/opinion/337131/aichr-

review-offers-hope-for-human-rights-progress

Review Indicators based on the 2009’s Hua-Hin Declaration:

#1 - whether AICHR has provided a forward-looking strategy to strengthen regional

cooperation on human rights.

#2 whether AICHR has served as a vehicle for progressive social development and

justice, the full realisation of human dignity and the attainment of a higher quality of life

for ASEAN people.

#3 whether AICHR has received the full support and provision of adequate resources

by ASEAN member states.

#4 whether AICHR has acknowledged the contribution of stakeholders in the promotion

and protection of human rights in ASEAN, and encouraged their continuing

engagement and dialogue.

#5 whether ASEAN has achieved cooperation on human rights to support the evolution

of the body as an overarching institution

The Declaration stipulated that the review should strengthen the mandate and

functions of AICHR to develop mechanisms to protect and promote human rights

http://www.bangkokpost.com/search/news-and-article?xDate=22-02-2013&xAdvanceSearch=true





What TOR say about Human

Rights Cooperation?

AICHR

Art. 1.5 To enhanceregional cooperation witha view to complementing

national and internationalefforts on the promotionand protection of humanrights.

Art. 4.2 AHRD as aframework for humanrights cooperationthrough various ASEANconventions and other instruments dealing withhuman rights

ACWC

Art. 2.4 To enhance regionaland international cooperationwith a view to

complementing national andinternational efforts on thepromotion and protection of the rights of women andchildren.

Art. 2.6 To promote stabilityand harmony in the region,friendship and cooperationamong ASEAN Member States



AICHR & ACWC in the last four

yearsThe creation of AICHR/ACWC is a step towardscooperation on human rights. It demonstratesthat ASEAN integration is not always abouteconomic cooperation.

Generate human rights debates in ASEAN

Generate civil society movement on humanrights in ASEAN, both thematic-based or generalissues

Generate interests from other neighbor sub-region to establish similar mechanisms

Generate cooperation and dialogue on human

rights between ASEAN and its dialogue partners



Human Rights Cooperation:Forward Looking Strategy & Evolution of AICHR

The necessity for cooperation on human rights may bedriven by the idea of making ASEAN a strong andcohesive community by 2015

Member States cooperation on human rights

Institutions: Internal (with ASEAN organs) vs External (with non ASEAN organs)

Formal vs Informal: depending on the degree of necessity for the cooperation, coordination and joint efforts – creates room to manoeuver based on the degree of

comfort and trust that the concerned bodies have reached.

Multiple level human rights mechanisms: national,regional international, culture-based regional mechanism(OIC)

ASEAN Centrality



Standard and PrinciplesSource: Outcome Document of the Expert meeting on Effective

Alignment among Human Rights Institutions and Mechanisms, 2010

Uphold the principle that all human rights are universal,indivisible, interdependent and interrelated.

Based on the premise of equality among human rightsbodies regardless of the nature of their mandates beinggeneral or specific to particular rights or groups.

Complementarity and mutualityComplementarity, especially in the common areas of concern and the unique roles and authorities of therespective bodies.

Non-duplication, i.e. petition submission IACHR andInternational HR systems

Mutuality: mutual respect and support of each body’smandates and functions, and mutual reinforcement of each body’s roles

Participation or representation, particularly with regard tovulnerable and marginalized groups, as a key ingredient for

effective cooperation in any human rights system, i.e. ACHPR, IACHR



Level of CooperationSource: Outcome Document of the Expert meeting on Effective


According to the need Semi-Intensive Intensive

could involve

consultations and/or

sharing of information

while decision making iscarried out separately

and independently;

regular meetings for

coordination and

development of informal

guidelines for cooperation; and/or,

formal requests for

inputs or submissions of

independent reports

could involve the

development of

common procedures,

and/or the designationof a person or

commissioner in charge

of maintaining

relationships with other

relevant bodies

could involve the

establishment of joint

visits, joint thematic task

forces, special jointprojects and/or joint

monitoring efforts.

i.e. Indonesia’s NHRIs’

cooperation: (1) a

working group to

develop a jointmonitoring of prisons

and detention centers

across the country and

(2) a yearly national

human rights summit



Forms of CooperationSource: Outcome Document of the Expert meeting on Effective


Substantive Procedural Administrativefocuses on the substance

of the work and the raison

d’etre of human rights

bodies and institutions:

strategies, work plan,

activities.

i.e. development of informal

guidelines, the issuance of

joint press releases,

engagement with human

rights treaty bodies or under UPR, coordinated

HR recommendations to

Member States on

fulfillment of their legal

obligations; or,

establishment of complementary priority

assumes that the

human rights bodies

have collectively

formulated and

adopted the rules of

procedures or

operating guidelines.

common working space

among staff, sharing

technical support, making

optimal use of

information technology,

allocating adequate

budget and other

resources for coordinated

activities, and adopting

streamlined financial

procedures.• can bring about

additional benefits of

financial savings and

increased efficiency



Modes of CooperationSource: Outcome Document of the Expert meeting on Effective


Informal Formal

informal mechanism to discuss

mutual expectations and develop

informal guidelines for

synchronizing of their respective

work.

i.e. Regular meetings held at least

three times a year between the

Inter-American Commission on

Human Rights (IACHR) and the

Inter-American Human Rights

Court, for example, has enacted

new rules of procedures in 2010.

Institutionalized cooperation

• have the advantages of greater

consistency, predictability and

accountability to the

stakeholders and

constituencies within a human

rights system.

• But not always easy



Scope of Cooperation

1. A system-wide approach rather than narrow scope

of cooperation

which involve carrying out assessment of

decisions, policies, agreements and programs for

their impact on human rights protection and

promotion at the regional and domestic contexts;recommending human rights integration

strategies; and,

developing appropriate tools to assist the relevant

bodies in integrating human rights standards intheir work.



Scope of Cooperation

2. Cooperation to effectively addressing cross-cuttingissues.

Issue-based approaches allow for dynamicexploration of human rights obligations as they

create opportunities for input from a diversity of experts, constituency groups within civil society,and related mandate holders at the national,regional and international levels.

i.e. Anti-Trafficking. SOM TC is now developing the

ASEAN Convention on anti trafficking, ACWC hasanti-trafficking in its work plan, AICHR has antitrafficking as one of its priority issues, ACMW isdrafting the instrument on migrant workers, NHRIhas the issue as one of its thematic priorities.

Based on the most accepted recommendation inUPR c cle 1



UPR Recommendation to ASEAN countries:

the most accepted and rejected

Most accepted Most Rejected

Rights of Person

with Disabilities

Corruption Death Penalty Freedom of

expression

HRE Right to food Asylum seekers Freedom of

opinion

Right to Education National plan of

action on humanrights

Emergency

decree

Freedom of

association

Right to Health Child’s right Recruitment of

children in armed

conflict

Asylum seekers-

refugees

Right to housing Truth andreconciliation

Poverty Rome Statue

Trafficking LGBT

Women’s rights Special Procedure

on counter-terrorism



Post-Charter Cooperation with Dialogue

Partners

Area of Cooperation

Plan of Action to Implement

the Joint Declaration on

ASEAN-China Strategic

Partnership for Peace and

Prosperity (2011-2015)

1.6.1 Collaborate on human rights through

regional dialogues, seminars and workshops,

education and awareness raising activities, as

well as exchanges of best practices and other

capacity building initiatives aimed at enhancing

the promotion and protection of human rightsand fundamental freedoms. This includes

supporting the work of the ASEAN

Intergovernmental Commission on Human

Rights (AICHR), which is the first regional

mechanism and overarching institution for the

promotion and protection of human rights in ASEAN.

ASEAN-European Union:

READI

ASEAN human rights related mechanisms:

AICHR, ACWC, ACMW, ACW

ASEAN-US ACWC



Challenges in CooperationWould non-interference policy be the stumbling block for further cooperation in human rights? -- A scholar arguesthat non-interference policy contributes but not sufficient for the cause of problems in cooperation (Nehginpo Kipgen (2012): Association of Southeast Asian Nations (ASEAN): Cooperation Problems onHuman Rights, Strategic Analysis, 36:1, 100-111)

The absence of political will is. Given the nature of thedifferent regime types, human rights is not a priority allmember states

The absence of specific mechanism in ASEAN to bring all

mechanisms together

While the more democratic states attempt to strengthen ASEAN’s international credibility by improving humanrights conditions and AICHR/ACWC profile, they do notpush to the extent of jeopardizing the existing relationship

between states



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