Civil
society organisations urge the Association of South East Asian Nations (ASEAN) to
show a collective political will in allowing the ASEAN Inter-Governmental
Commission for Human Rights (AICHR) to evolve into an independent institution
with increased protection mandates in the coming years. A political declaration is expected to be released
by ASEAN during the official inauguration of the AICHR at the 15th
ASEAN Summit in Hua Hin, Thailand, to be held from 23-25
October.

(Bangkok, 9 October 2009) Civil
society organisations urge the Association of South East Asian Nations (ASEAN) to
show a collective political will in allowing the ASEAN Inter-Governmental
Commission for Human Rights (AICHR) to evolve into an independent institution
with increased protection mandates in the coming years. A political declaration is expected to be released
by ASEAN during the official inauguration of the AICHR at the 15th
ASEAN Summit in Hua Hin, Thailand, to be held from 23-25
October.

"ASEAN must recognise that the credibility
of the AICHR will depend on its independence and the balance between
promotion
and protection of human rights. While giving political blessing to the
commission, the political declaration of ASEAN should also pledge a
vision and
aspiration for the commission to develop in the direction of increased
independence and protection mandates", said Yap Swee Seng, co-convenor
of the Solidarity for Asian Peoples Advocacy Task Force on
ASEAN and Human Rights (SAPA-TFAHR) and executive director of Asian
Forum for
Human Rights and Development.

Yap said
the setting of a clear direction of development for the AICHR is important to
rectify the existing flaws in the Terms of Reference (TOR) of the commission. "This is also to make sure that the evolutionary
approach that is so often invoked by ASEAN is not taking the opposite
direction". 

While the
establishment of the AICHR has been welcomed by SAPA-TFAHR, a coalition of more
than 70 civil society organisations in the region, it has criticised the weak
terms of reference of the AICHR that adopts a "promotion
first, protection later" approach in human rights and the lack of safeguards
for the independence of the commission.    

According to the official TOR, the
selection process of representatives to the AICHR is left to the domestic
process of member states of ASEAN. There is no safeguard to ensure only
independent human rights experts are appointed to the AICHR through an open and
transparent selection process. The TOR is also overwhelmingly in favour of
human rights promotion mandates, while protection mandates has been sorely lacking.

Yap lauded Thailand
and Indonesia
for setting a good example in having a national process that allows general
public to nominate independent human rights experts for the AICHR and not
resorting to appointing government official. "We urge all other ASEAN countries
to follow the footsteps of Thailand
and Indonesia
and open up the selection process with civil society and public participation".    

The coalition of
70 organisations also reiterated its call for ASEAN to establish a full fledged
regional human rights mechanism, complete with conventions, commissions and a
human rights court in line with international standards.
 
Background
 
The ASEAN Charter, Article 14 provides the
ASEAN leaders a mandate to establish a human rights body as one of the
mechanisms for ASEAN members to "pursue closer interaction and cooperation to
forge shared norms and create common mechanisms to achieve ASEAN's goals and
objectives in the political and security fields" (ASEAN Political-Security
Community Blue Print, para.7). The adoption of the Terms of Reference (TOR) of
the establishment of the ASEAN Intergovernmental Commission on Human Rights
(AICHR) on 20 July during the 42nd ASEAN Ministerial Meeting (AMM)
in Phuket, Thailand, and followed by the inauguration of the body in the coming
15th ASEAN Summit in Hua-Hin, Thailand, on 23-25 October 2009 will
bring ASEAN to higher plane in regard to development of human rights region.

SAPA TF-AHR was established during the first Regional
Consultation on ASEAN and Human Rights in Kuala
Lumpur on 26-28 August 2007. It is a network of civil
society organisations which aims to a) hold ASEAN member states accountable to
their international and domestic human rights obligations, and b) make the
ASEAN human rights mechanisms more accountable and effective. Early in 2009,
the SAPA TF-AHR launched the campaign on "we want ASEAN human rights commission
with teeth!: accountable, effective and independent".

For
queries, please contact:

Mr.
Yap Swee Seng, Executive Director, Asian Forum for Human Rights and Development
(FORUM-ASIA) at [email protected], or +66 81
868 9178

Mr. Rafendi Djamin, Coordinator,
Indonesia's NGO Coalition for International Human Rights Advocacy (HRWG), at [email protected], or at
+62 813 11442159

Ms. Yuyun Wahyuningrum, East
Asia Program Manager, FORUM-ASIA, at [email protected], or +66 87 991 4451