While regional human rights systems exist in Europe, the Americas and Africa, no such arrangements exist in the Asia-Pacific region. Atty. Carlos Medina of the Ateneo Human Rights Center gives the background and rationale for an ASEAN Human Rights Mechanism.
At present, while regional human rights systems exist in Europe, the Americas and Africa, in the Asia-Pacific region, the only existing intergovernmental arrangements are political, social and economic in nature. Among the reasons advanced for the lack of an Asia-pacific human rights mechanism are:
Human Rights issues are considered by many states as internal affairs; While states accept the concept of universality of human rights, it is argued that substantial differences exist between international human rights norms and the customs and practices within the region;
Many states believe individual rights must give way to the demands of national security and economic growth, or that human rights can be realized only after a certain level of economic advancement has been achieved; and
Any human rights mechanism cannot possibly encompass the entire range of diversity among states within the region in terms of historical background, cultures and traditions, religions, and levels of economic and political development. Yet there is a need for some form of regional human rights mechanism. Such a system can lead to a deeper understanding and more sensitive treatment of human rights issues among governments and peoples in the region. It can provide greater access to remedies for human rights violations. It can certainly complement the UN human rights system and bring it closer to the state level.
Under the circumstances, it may be unrealistic to expect the establishment of an Asia-Pacific-wide human rights arrangement. However, a sub-regional mechanism, particularly within Southeast Asia, is attainable.
ASEAN's aim and purposes, as outlined in the 1967 Bangkok Declaration, reflect concern for human rights-related issues. The Declaration itself refers to "social progress and cultural development," "respect for justice and the rule of law" and "the raising of the living standards of their peoples." These aims are the focus of various functional cooperation programs which outline specific measures by ASEAN governments for the promotion of human rights.
More importantly, ASEAN itself has declared it willingness to set up a human rights mechanism. The Joint Communique of the 26th ASEAN Ministerial Meeting held in Singapore on 23-24 July 1993 declared that, "… in support of the Vienna Declaration and Programme of Action of 25 June 1993,…ASEAN should also consider the establishment of an appropriate regional mechanism on human rights". In the same manner, the Inter-Parliamentary Organization stated that: "It is likewise the task and responsibility of member states to establish an appropriate regional mechanism on human rights."
These statements should also be considered along with other constructive developments within the ASEAN region as follows:
All ASEAN countries are now parties to the Convention on the Rights of the Child (CRC). All, except Brunei, are also parties to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). The Philippines, Indonesia, Thailand, Cambodia and Malaysia have established national human rights institutions. Human rights NGOs are very active in the region and have undertaken activities like training, education, advocacy, and monitoring, in cooperation with some government agencies and international organizations. There are already existing state mechanisms, like courts and other organs, which can be used to promote and protect human rights. It is in the context of these developments that the initiative for the establishment of an ASEAN human rights mechanism was launched.
Starting in 1995, with support from the Friedrich Naumann Foundation, the LAWASIA (Law Association for Asia and the Pacific) Human Rights Standing Committee organized a series of meetings among representatives of national human rights institutions, parliamentary human rights committees, and human rights NGOs in the region to discuss proposals for a human rights mechanism in Southeast Asia. The meetings eventually led to the formation of the Working Group for an ASEAN Human Rights Mechanism in 1996.
(The other foundations supporting the initiative at pesent are The Asia Foundation and the Southeast Asia Fund for Institutional and Legal Development [SEAFILD] o the Canadian International Development Agency [CIDA]).
The Working Group is composed of human rights advocates from government institutions and NGOs who represent their respective national working groups. At present, national working groups have been set up in Indonesia, Malaysia, Thailand and the Philippines. The aim is to have national working groups in each ASEAN state composed of representatives of the government, parliamentary human rights committees, the academe,and NGOs.
In pursuing its goal, the Working Group follows a step-by-step approach involving governments, parliamentary committees and NGOs. On the one hand, it has met with ASEAN foreign ministers in 1996 (Jakarta), and with senior officials in 1997 (Kuala Lumpur), in 1998 (Manila) and in 1999 (Singapore) on the proposal for an ASEAN human rights mechanism. On the other hand, national working groups have undertaken related acitivities within their respective countries. The Working Group intends to continue the dialogue with ASEAN ministers and senior officials, both at regional and national levels.
ASEAN's response tot he mechanism initiative has so far been encouraging. In its Joint Communique of the occasion of the 31st ASEAN Ministerial Meeting on 25 July 1998 in Manila, Pargraph 28 states:
"The Foreign Ministers recalled the decision of the 26th ASEAN Ministerial Meeting held on 23-24 July 1993 in Singapore to consider the establishment of an appropriate mechanism on human rights and noted the establishment of the informal non-governmental Working Group for an ASEAN Human Rights Mechanism. The Foreign Ministers noted further the dialogues held between the Working Group and ASEAN officials in Jakarta during the 29th ASEAN Ministerial Meeting and in Kuala Lumpur during the 30th ASEAN Ministerial Meeting. They recognized the importance of continuing these dialogues and took note of the proposals made by the Working Group during its dialogue with ASEAN held in Manila on 22 July 1998.
Likewise, in the Joint Communique of the 32nd ASEAN Ministerial Meeting in Singapore, the ASEAN once more recognized the need for continuous dialogues concerning the formation of a human rights mechanism in ASEAN. Paragraph 50 of the Communique states:
"We recalled the decision of the 26th ASEAN Ministerial Meeting held on 23-24 July 1993 in Singapore to consider the establishment of an appropriate regional mechanism on human rights and noted the establishment of the informal non-governmental Working Group and ASEAN officials have met regularly since the 29th ASEAN Ministerial Meeting in Jakarta, most recently in Singapore. We recognized the importance of continuing these dialogues."
The Working Group is aware that the goal of an ASEAN human rights mechanism is a difficult and long-term one. It is an effort which cannot be left to governments alone; its realization requires the indispensable participation of all sectors of ASEAN societies.
With this in mind, the Working Group hopes that the idea itself for the establishment for this mechanism will help generate the public interest for any initiative of this nature to success.
