Year 2006 marks 13 years since the first deliberation for an ASEAN Human Rights Mechanism. Yet, the question remains: Will it take of soon? The regional dynamics within and outside ASEAN however does not look very promising. This is the context to which the recent Fifth Annual Workshop on an ASEAN Regional Mechanism on Human Rights was concluded on 30 June 2006 in Kuala Lumpur.Year 2006 marks 13 years since the first deliberation for an ASEAN Human Rights Mechanism. Yet, the question remains: Will it take of soon? The regional dynamics within and outside ASEAN however does not look very promising. This is the context to which the recent Fifth Annual Workshop on an ASEAN Regional Mechanism on Human Rights was concluded on 30 June 2006 in Kuala Lumpur.

Not the same Annual Workshop for an ASEAN Human Rights Mechanism

This year, however, the Fifth Annual Workshop is unique in the sense that the “ASEAN Minus X” (the principle by which ASEAN functions as a "coalition of the willing" and allows for ASEAN directives to be implemented at different rates in different countries) formula is picking up on its supporters among the official track even in the deliberation on human rights.

The forceful keynote address of Malaysian Foreign Minister Datuk Seri Syed Hamid Albar in the Fifth Annual Workshop, delivered by the ministry's Deputy Secretary-General II, Datuk S. Thanarajasingam, has proposed that “in the same spirit of promoting and protecting human rights within ASEAN, a regional human rights mechanism be set up comprising states within the grouping which are ready.”

"I believe its establishment will create a positive ripple effect going through not just this region but expanding in an outward motion,” Syed Hamid declared, “hopefully impacting positively on those who have traditionally viewed ASEAN as an organization worth emulating."

Compared to the previously organized Annual Workshops where CSOs’ participation is very selective and minimal; the CSOs and other stakeholders’ participation in this year’s Annual Workshop is also very unprecedented and diverse. Aside from the official delegation from each ASEAN countries as well as members of the Working Group for an ASEAN Human Rights Mechanism (WG); the workshop had also accommodated around 50 observers that comprised of regional and national NGOs, UN specialized agencies, parliamentarian, universities and research institutions and trade unions. Such triple jump in the observers participant list was partly due to the fact that aside from the normal organizers of the Annual Workshop which normally included the Ministry of the Foreign Affairs of the hosting country, the WG for an ASEAN Human Rights Mechanism, this fifth workshop also were co-hosted by the National Human Rights Commission of Malaysia (SUHAKAM), the Centre for ASEAN Studies of Universiti Teknologi MARA (UiTM).

Another precedent was the fact that with an observer’s status, NGOs participants are treated equally like other official delegation in terms of contributing to the discussion in the meeting as well as in the last plenary session to adopt the official proceeding of the workshop.

Some core members of the Working Group are expressing concerns that such huge expansion in the invitation for observers has rendered the active participation of the government delegations in the meeting if compare to the previous annual workshops.

While such concerns are valid, there are positive development in terms of demystifying the fixed stereotype perspective government official have on NGOs and this could benefit the mandate of the Working Group in the long run.

For instance, the presence of many Malaysian human rights NGOs have not put Malaysia’s government on the defensive mode for its current on-going debacles on police brutality. Nor does the presence of many regional NGOs and national support groups on various thematic issues such as migrant workers, refugees, asylum seekers as well as general human rights had tried to manipulate the forum in order to name and shame the countries that have problems in complying with international standards and norms.

The Malaysia model, in terms of engagement with CSOs, is worthwhile to be considered by other ASEAN member states as well as the Working Group when they are to organise the next round of the Annual Workshop.

Way Forward

The Fifth annual Workshop has recognized potential of the current debate on ASEAN Charter as a window of opportunity for human rights concerns and resolved to engage the Eminent Persons’ Group for the ASEAN Charter to ensure that human rights concerns are included and given full consideration in the Charter. The Workshop also suggests the creation of a human rights desk in the ASEAN Secretariat in accordance with ASEAN processes.

The ASEAN charter EPG process which aims for a pro-people approach which open up the space for CSOs engagement has promoted interests among national and regional NGOs working on a diverse range of human rights issues to engage with the process.

Such phenomena has also a spill over effect on the work of the Working Group for an ASEAN Human Rights Mechanism (Working Group) as more and more NGOs are now expressing their interests and willingness to support and compliment their works. The NGOs see the Working Group advocating issues which are closely linked to their hearts, and realize that advocacy work towards the creation of an effective regional human rights mechanism(s) is the cross cutting issue that all of them should seriously be involved with.

In the past, Working Group for an ASEAN Human Rights Mechanism (Working Group) has been managing very well in its engagement strategy which is acceptable by government officials as it is selective about its invitation list.

Considering the encouraging responses and popular demands from NGOs who have participated in the Workshop, how the WG is able to propose a suitable and more inclusive arrangement to facilitate NGOs active participation will pave the way for the prospect of regionalism and NGO solidarity in the coming years; especially in light of the 40th anniversary of ASEAN in 2007 as well as the occasion of the worldwide commemoration of the 60th anniversary of the Universal Declaration of Human Rights (UDHR) and the 10th anniversary of UN Declaration on Human Rights Defenders in 2008.

There is a general feeling that such contexts provide CSOs a golden opportunity to engage ASEAN by motivating the body to take up the cause of human rights in the region by creating an effective human rights mechanism by year 2008.