The Asean Charter was signed by the 10 heads of state/government during the 13th Asean Summit in Singapore in November 2007. The Charter has now been fully ratified by all Asean member states and entered into force on 15 December 2008.
IN 2004, Asean included a commitment to develop an Asean Charter as part of its political-security cooperation and to shape and share norms. The Asean Charter was signed by the 10 heads of state/government during the 13th Asean Summit in Singapore in November 2007. The Charter has now been fully ratified by all Asean member states and all of them have deposited their instruments of ratification with the secretary-general of Asean.
Consequently, the Charter entered into force on December 15 this year. Asean foreign ministers met at the Asean Secretariat in Jakarta on December 15 to celebrate the historic occasion.
Article 14 of the Asean Charter stipulates as follows:
"1. In conformity with the purposes and principles of the Asean Charter relating to the promotion and protection of human rights and fundamental freedoms, Asean shall establish an Asean human rights body.
"2. This Asean human rights body shall operate in accordance with the terms of reference to be determined by the Asean Foreign Ministers Meeting."
A High Level Panel (HLP) has been established by Asean foreign ministers to draft the Terms of Reference for the Asean human rights body (AHRB). The HLP consists of 10 government representatives, one each from every Asean member state, with a representative of the Asean Secretariat serving as a resource person and providing secretariat support.
The HLP is chaired by H E Srihasak Phuangketkeow, Thailand's Permanent Representative to the United Nations in Geneva. Ambassador Srihasak is assisted on the HLP by Professor Vitit Muntarbhorn of Chulalongkorn University's Faculty of Law.
Both Ambassador Srihasak and Professor Vitit are knowledgeable about human rights issues in the Asean region and on international conventions on human rights. Their views about human rights, particularly about what Asean can do to promote and protect human rights, are progressive and yet realistic.
Nevertheless, the two represent only Thailand on the HLP, in which Thailand is just one of the 10 equal member states. Moreover, like in all Asean bodies, the HLP's decision-making is based on consultation and consensus.
The HLP has so far convened five meetings. On the sidelines of its third meeting in Manila in September 2007, the HLP held a consultative meeting with relevant stakeholders, including the (informal) Working Group for an Asean Human Rights Mechanism, the Network of Four National Human Rights Institutions, the Solidarity for Asian People's Advocacy, and the Women's Caucus for the Asean Human Rights Body.
The HLP planned to meet with the leadership of the Asean Inter-Parliamentary Assembly during its sixth meeting in Jakarta, from December 11-13, 2008. But the meeting was postponed. The HLP also plans to visit Geneva in the first quarter of 2009 to learn from the UN Human Rights Council and the UN High Commissioner on Human Rights about human rights issues at the international level.
After its sixth meeting in Jakarta, the HLP will submit its first draft of the Terms Of Reference to Asean foreign ministers. The final draft of the TOR will be submitted for consideration at the 42nd Asean Foreign Ministers Meeting in Thailand in July 2009. In the meantime, nothing on the draft TOR is considered as final until all fundamental elements in it have been completely agreed upon.
After the TOR has been adopted by the Asean foreign ministers in July 2009, there is a plan for Asean leaders to announce the launch of the AHRB during the 15th Asean Summit in Thailand in October 2009.
Bearing in mind the vast political diversity in the Asean membership, it is unrealistic for anyone to expect the AHRB to be a "Big Bang" in human rights promotion and protection in the Asean region. On the other hand, no one should dismiss the new and significant commitment of the 10 Asean member states to promote and protect human rights through regional cooperation. The commitment is reflected in the Preamble, Purposes and Principles of the Asean Charter.
Moreover, the commitment in Article 14 of the Asean Charter to establish an Asean human rights body to handle the promotion and protection of human rights within the Asean region is in itself an encouraging and significant step forward. Once established, the AHRB will be the first of its kind in Asia.
The AHRB will represent a new learning process for all the Asean member states and their peoples. Undoubtedly the process will develop gradually. More important works can be done when the comfort level among the member states in human rights cooperation rises, and when the capability of the AHRB increases. This will take time.
Asean can learn from other regional and international organisations on how they go about promoting and protecting human rights through regional and international cooperation. At the same time, Asean also needs to develop its own modality of regional cooperation on human rights, which will take into account its political, economic and social diversity.
This is why the collective views about human rights in the 1993 Joint Communique of the Asean foreign ministers remain relevant and valid today.
TERMSAK CHALERMPALANUPAP is special assistant to the secretary-general of Asean.
This is the final part of the two-part series.
Sources and Relevant Links:
The NationAsean charter is a new commitment to rights 19 December 2008
Bangkok Post Asean must move on Human Rights 20 July 2008
Think Centre ASEAN to create toothless human rights body 22 November 2007
Channel NewsAsia Singaporeans can demonstrate at Speakers' Corner from 1 Sep 200825 August 2008
AHRC HRS A More Open Singapore under New PM? 04 Oct 2004
Think Centre Singapore: Governed by Law and Rights? 19 May 2001
