On the mandate and functions of the ASEAN Human Rights body, report say many support the idea that functions of the body must include assisting national efforts on matters related to human rights.
An Association of South East Asian Nations (ASEAN) high-level panel is fine-tuning the text of the terms of reference for an ASEAN human rights body for promotion and protection of human rights in Southeast Asia, a report said Friday.
The panel plans to present the draft terms to foreign ministers from the Association of Southeast Asian Nations for approval by ASEAN leaders at their summit in Chiang Mai, Thailand, next month.
The eight-page draft will detail the mandates and functions of the body, including its purpose, principles, composition and other issues that will define its powers "within the (ASEAN) regional context."
The draft says the group will serve as an "advisory body," that will focus on raising the awareness of human rights across ASEAN, including networking, training and tapping of experiences among the ASEAN members.
The body can also make "promotional country visits," but only with the consent of ASEAN states to be engaged in dialogue on human rights.
The ASEAN Charter, signed in November 2007 by ASEAN leaders at their summit in Singapore, set out ASEAN's principles and rules for the first time in its 40-year history.
The charter paved the way for the establishment of an ASEAN human rights body.
Still in brackets But the high-level panel has yet to agree fully on some of sensitive wording needed to establish the rights body. Some of the draft terms of reference, seen by Kyodo News, are still bracketed, meaning they have yet to be accepted by the whole panel.
Among the concerns are those being raised over the possible implications of accepting funds to run the day-to-day operation of the rights body.
Some panel members are still reportedly worried that accepting outside funding might mean those supplying the funds might seek undue influence over the rights body's work.
Still, the draft seen by Kyodo News says the rights body "may receive funds from individuals or organizations within ASEAN as well as external entities, including individuals, organizations, state and international organizations, for its promotional and educational activities, as agreed upon by the body."
Advisory or consultative
Another issue is whether to call the ASEAN Human Rights Body (AHRB) an "advisory body" or a "consultative body." The report says most panel members think it should be an "advisory body," while others prefer it to have a consultative role only.
The argument revolves around the contention that an advisory group can make independent recommendations to ASEAN and its individual members, while a "consultative body" would be reactive only, apparently unable to make recommendations unless asked.
As to the composition of the body, most panel members think it should be made up of 10 people, appointed by their respective ASEAN governments.
But one member apparently wants the "ASEAN member states" to be members so that an AHRB member would be unable to make decisions or recommendations outside those approved by his or her government.
Mandate and functions
On the mandate and functions of the body, the report says many support the idea that functions of the body must include assisting national efforts on matters related to human rights.
There is also debate on whether the AHRB would be able to accede to international human rights conventions or agreement, with some panel members arguing that should be left up to individual ASEAN member, not to the AHRB.
Others suggested the body needs to develop ''ASEAN human rights instruments'' as well as an ''early warning system'' that would come into play separately to help prevent gross violations of human rights.
The report added that high-level panel assistants believe ASEAN should take a ''constructive and positive approach rather than a defensive approach...so that the AHRB could become a force for the public good for the ASEAN member states and (its) peoples.''
The terms of reference will come into effect if approved by the ASEAN foreign ministers.
4-year work plan
Within the first year of its establishment, the AHRB is to develop rules of procedure as well as a ''work plan'' to carry out accepted mandates and functions in an initial stage of four years.
That stage would be followed by a thorough review and making any adjustments needed.
The ASEAN members are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.
Sources and Relevant Links:
Reuters Parameters of ASEAN human rights body still being fine-tuned
Antara ASEAN human rights body to balance promotion and protection
