The adopted terms of reference of ASEAN human rights body disappoint civil society
31 July 2009 5:32 am

ASEAN foreign ministers finally endorsed the terms of reference (TOR) for the ASEAN Inter-governmental Commission on Human Rights (AICHR) on 20 July 2009, during their summit in Phuket, Thailand. But its outcome did not respond to the campaigns of the civil society.

ASEAN foreign
ministers finally endorsed the terms of reference (TOR) for the ASEAN Inter-governmental
Commission on Human Rights (AICHR) on 20 July 2009, during their summit in
Phuket, Thailand. But its outcome did not respond to the campaigns of the civil
society.

While the
adopted TOR states that one of the purposes of the AICHR is "to 
promote and protect human rights and fundamental freedoms of the peoples of
ASEAN" and one of the principles of the body is "respect for
fundamental freedoms, the promotion and protection of human rights, and the
promotion of social justice", the TOR also contained some worrying
principles such of "non-interference in the internal affairs of ASEAN
Member States". It lacks protection mechanisms, which many civil society
organisations campaigned for. More worrying, the members of the AICHR are made
accountable to the appointing government rather than allowing them acting
independently as human rights experts.  

The ASEAN leaders will launch the Commission and announce its members during
the 15th Asean Summit in October this year.

Civil society has engaged in the process of the establishment of this
commission. Please see below for related interventions by civil society in the
process, and a response by
the UN Office of the High Commissioner for Human Rights.

• 22 June, FORUM-ASIA
  and Solidarity for Asian People's Advocacy (SAPA) Task Force on ASEAN and
  Human Rights Letter to Sihasak Phuangketkeow, Chairperson of the High
  Level Panel on the establishment of the ASEAN Human Rights Body
• 17 July, FORUM-ASIA ASEAN human rights body: fatal flaws yet to be
  addressed
• 17 July, joint
  statement Burma is a Key Benchmark for ASEAN: Protect
  People-Centered Principles and Human Rights
• 18 July, Solidarity
  for Asian People's Advocacy (SAPA) Taskforce on ASEAN and Human Rights,
  Women's Caucus on ASEAN Human Rights Body and Taskforce on ASEAN Migrant
  Workers (TF-AMW) Letter to Kasit Piromya, Foreign Minister of Thailand and
  ASEAN Chair
• 18 July, Civil Society Urges ASEAN Foreign
  Ministers to Adopt Mechanisms with Overarching Human Rights Framework 
• 18 July, press release by Solidarity for Asian People's Advocacy
  (SAPA) Task Force on ASEAN Migrant Workers
• 22 July, United Nations Office of the High
  Commissioner for Human Rights UN Human Rights Chief welcomes important step towards
  establishment of ASEAN Commission on Human Rights