HUMAN RIGHTS HERALD

NOVEMBER 2008 www.aseanhrmech.org

High Level Panel, Civil Society Exchange Views on ASEAN Human Rights Body

elements for the ToR of the AHRB which were drawn from the Working Group’s consultations with various stakeholders in ASEAN during the 7th Workshop on the ASEAN Regional Mechanism on Human Rights in Singapore in June (see related story on page two) and discussions with local CSOs. The four National Human Rights Institutions (NHRIs) in ASEAN (collectively known as the ASEAN NHRI Forum), the Solidarity for Southeast Asian Peoples Advocacy (SAPA), and the Women’s Caucus for an ASEAN Human Rights Mechanism also submitted their recommendations to the HLP. The HLP representatives thanked the Working Group and said that it would consider its submission. For his part, Professor Vitit Muntarbhorn, the HLP alternate member for Thailand, requested for more inputs on the value added by the AHRB, the suggested ways by which ASEAN’s previous human rights commitments in

the Vientiane Action Programme can be linked to the AHRB, the relationship of the AHRB with the NHRIs in the region, and the steps needed for the AHRB to evolve in a credible and doable manner.

Phuangk etk eow said that another consultation will be held in Thailand on December 2008 and that this could be another opportunity for more inputs to be given. The HLP has been working on the terms of reference of the AHRB since July 2008. Phuangketkeow reported that a first draft will be ready in time for the ASEAN Summit in December 2008. The HLP is eyeing December 2009 as its deadline to complete the final ToR. The creation of an AHRB is provided by the ASEAN Charter adopted by ASEAN heads of state in January 2008. The Working Group, which has been in dialogue with ASEAN on the creation of a regional human rights mechanism since 1996, supported the Charter process.

a s e a n h r m e ch . o r g

The High Level Panel (front row) and representatives from the Working Group, the ASEAN NHRI Forum, SAPA, and the ASEAN Women’s Caucus (back row) interface on the ASEAN human rights body.

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AT A CONSULTATION with civil society groups held in Manila in September, Sihasak Phuangketkeow, chairperson of the High-Level Panel on the ASEAN Human Rights Body (HLP) pledged that “the [human rights] body would not only be an empty shell but will have a heart and a soul” and that “meaningful dialogues will continue to take place in the future”.

Phuangketkeow also said that the ASEAN human rights body (AHRB) will be guided by the Universal Declaration on Human Rights and not by the current varying human rights conditions in member-states. At the same time, the AHRB will “tackle human rights issues in a realistic manner”.

The HLP consultation took place in Manila on September 11, 2008 with the non-government Working Group for an ASEAN Human Rights Mechanism (Working Group). The consultation, which took place during the HLP’s Third Meeting, was an opportunity for the HLP to listen to the views of relevant stakeholders in ASEAN and incorporate these into the first draft of the Terms of Reference of the AHRB. The Working Group recommended to the HLP that the AHRB should be institutionalized as a “Commission”, its members must have solid human rights expertise, and they should regularly consult with civil society organizations.

One of the most contentious issues that emerged in consultation was the idea of the AHRB developing through an evolutionary process. For the Working Group, this evolutionary process could involve both the evolution of the Commission’s capacity as an institution and the evolution of the system towards a more comprehensive promotion and protection of human rights.

The Working Group’s recommendations were contained in a submission detailing the proposed

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WORKING GROUP UPDATES

HUMAN RIGHTS HERALD |

NOVEMBER 2008

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SINGAPORE HOSTED THE 7th Workshop on the ASEAN Regional Mechanism on Human Rights from 12-13 June 2008, a first for the country. It was co-organized by the Working Group for an ASEAN Human Rights Mechanism (Working Group) and the Singapore Institute for International Affairs with the support of the Singapore Ministry of Foreign Affairs.

About 60 participants, representing related government agencies, national human rights institutions (NHRIs) and civil society groups from ASEAN member-states, presented their recommendations for the ASEAN human rights body (AHRB) which the ASEAN Charter is poised to create. Their inputs were summarized in a report and was later discussed at a dialogue between the Working Group and ASEAN Senior Officials.

In his keynote speech, ASEAN SecretaryGeneral Surin Pitsuwan shared his thoughts on the AHRB. While he acknowledged that the diversity of ASEAN member-states must be taken into account, he also stressed that human rights are universal. Surin called on the soon-to-be-created High Level Panel (HLP) to define a human rights body that would reflect the aspirations and expectations of the ASEAN peoples.

The 7th Workshop also touched on how the AHRB might possibly relate to the human rights provisions of the Vientiane Action Programme ( VAP). The VAP, which maps out goals for each pillar of the ASEAN community, expires in 2010. Participants said that whatever is accomplished within its five-year timeframe must be aligned with the ASEAN human rights body. They noted in particular the developments in two of four VAP priorities in the human rights area, namely the proposed Commission on the Promotion and Protection of the Rights of Women and Children and the elaboration of an ASEAN instrument on the protection and promotion of the rights of migrant workers.

“The Working Group is pleased with the outcome of the 7th Workshop,” said Working Group Co-Chair Vitit Muntarbhorn, “It took place at an important junction - the adoption of the ASEAN Charter and an increasingly

Photo from the Singapore Institute of International Affairs

7th Workshop Begins Talk on What Goes Into ASEAN Human Rights Body

From left to right: Mr. Jackie Foo, director general of the ASEAN Directorate of the Singapore Foreign Ministry, Prof. Vitit Muntarbhorn, Working Group co-chairperson, Mr. Raymond Lee, Singapore Foreign Ministry second minister, Assoc. Prof. Simon Tay, Singapore Institute of International Affairs chairperson.

participatory ASEAN. The Working Group has deepened the understanding of human rights in ASEAN through step-bystep consultations and engagement with the ASEAN governments. It is imperative to now sustain activities to promote and protect human rights and contribute to its implementation for the betterment of the

region.”

The Workshop is the seventh in a series that is organized annually by the Working Group with the Ministry of Foreign Affairs and the NHRI (if any) of an ASEAN member-state.

It has become a platform for stakeholders to dialogue on the establishment of a regional human rights mechanism.

Surin Pitsuwan: ASEAN Secretariat to Hold Joint Activities with the Working Group ‘The level of interest of ASEAN on human rights must be maintained.’

RECOGNIZING THAT “The issue of human rights is currently defining the Association of Southeast Asian Nations (ASEAN)” and that the momentum for it should be sustained, Secretary-General Dr. Surin Pitsuwan said that he would support activities jointly organized by the ASEAN Secretariat and the Working Group for an ASEAN Human Rights Mechanism (Working Group).

Pitsuwan met with the Working Group at the sidelines of the ASEAN Ministerial Meeting in Singapore on July 19, 2008. He lauded them for their efforts in bringing about an intergovernmental human rights mechanism such as the ASEAN human rights body (AHRB). Pitsuwan also encouraged the Working Group to “keep exerting pressure” on stakeholders especially now that the ratification of the ASEAN Charter is within sight.

“The Charter, which will give ASEAN a legal personality and will consolidate ASEAN memberstates into a single community, will legitimize (the enforcement of ) human rights practices in the region,” he said, noting that the Charter contains a provision which provides for the establishment of the AHRB. In response, Working Group Secretary-General Carlos Medina Jr. thanked Dr. Pitsuwan and said that the group is looking forward to a fruitful partnership with the ASEAN Secretariat. He said the Working Group will look into ways to support the Secretariat in implementing its human rights projects.

WORKING GROUP UPDATES

Public Forum on Human Rights Held in Singapore IN AN EFFORT to raise public consciousness on

ASEAN is not primarily a human rights

resources” when national systems are

the ASEAN human rights body in Singapore,

organization but a political body with a

unable to offer remedies, especially since

MARUAH held a forum featuring eminent

larger focus on economics. “In spite of

the U.N. “is so far away”.

human rights expert Professor Vitit Muntarbhorn

this, ASEAN has the potential to address

A lively discussion with academics, civil

human rights issues in creative and

society activists, students, government

innovative ways,” he said.

officials and diplomats ensued on topics

on June 11, 2008.

The key speaker, who is also the cochairperson of the Working Group for an

The creation of an ASEAN human rights

such as whether the ASEAN way of deciding

ASEAN Human Rights Mechanism (Working

body would be an oppor tunity for the

by consensus would be a stumbling block

Group), gave a background on the human

region to voice out the region’s human

to the creation of the human rights body,

rights framework of the United Natons and

r i g h t s c o n c e r n s m o r e fo r c e f u l l y a n d

the manner by which the body can address

ASEAN.

articulately, he said.

human rights issues from the ground, and

He reminded the audience that

I n a d d i t i o n , i t c a n “p ro v i d e m o re

how it will be funded.

On the latter, Prof. Vitit pointed out that ASEAN has the resources and that “it just needs political will and proper allocation”.

Photo from MARUAH (www.maruah.wordpress.com)

MARUAH declared the activity a huge success, with the venue filled to standing room and the audience expressing a high level of interest in human rights developments in the region.

MARUAH is a multi-sector grouping of individuals who have made a commitment to inform and facilitate, from a Singaporean perspective, the establishment of an ASEAN human rights mechanism.

Prof. Vitit and his audience exchange views on the ASEAN human rights mechanism.

existing regional human rights bodies in

The feedback session was fruitful, and

organized a public consultation on its

Africa, the Americas, and in Europe. He also

provided new insights, which MARUAH

draft position paper on the proposed

cited the importance of the Paris Principles,

included in its final submission to the High-

ASEAN human rights body (AHRB). About

which provide important criteria on how

Level Panel on the drafting of the terms of

30 members from the public turned up,

to establish an independent human rights

reference of the AHRB. The main discussion

and heard three MARUAH representatives

commission.

centered on the importance of setting up

explain the back ground, process and

Braema Mathi introduced related issues

a human rights system in the region in due

like the creation of an ASEAN commission

course, that covers all aspects of promotion,

Siew Kum Hong explained how ASEAN

on the promotion and protection of the

protection and enforcement.

reached this current stage, highlighting the

rights of women and children, and the

The position paper can be downloaded

Vientiane Action Programme, the ASEAN

ASEAN instrument on the protection and

from the MARUAH website (www.maruah.

Charter, and specifically, the wording of

promotion of the rights of migrant workers.

org).

the provision on the creation of the human

She then presented the draft proposals by

MARUAH is the focal point for the

rights body in the Charter.

MARUAH and encouraged feedback from

region-wide Working Group for an ASEAN

the participants.

Human Rights Mechanism in Singapore.

development of the proposed body.

Peter Low provided an over view of

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O N S E P T E M B E R 6 , 2 0 0 8 , MA R UA H

a s e a n h r m e ch . o r g

MARUAH Holds Public Consultation, Pens Position Paper on the ASEAN Human Rights Body By Lee Sze Yong

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WORKING GROUP UPDATES

Working Group and ASEAN Senior Officials Review 2008 Gains for Human Rights THE WORKING GROUP for an ASEAN Human Rights Mechanism ( Working Group) met with Senior Officials of the Association of Southeast Asian Nations (ASEAN) during the 41ST ASEAN Ministerial Meeting (AMM) in Singapore on July 19, 2008. The meeting focused on the HLP process and other human rights developments in the region since the two groups met during the AMM last year.

HUMAN RIGHTS HERALD |

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Photos from the official website of the 41st AMM

NOVEMBER 2008

The AHRB The Working Group congratulated ASEAN for adopting the Charter and its immediate focus on the creation of an ASEAN human rights body (AHRB). It emphasized the need for a realistic timeline for the drafting of the terms of reference ( ToR) for the AHRB and the importance of drawing out inputs from civil society. For their part, the Senior Officials recognized the Working Group’s expertise and years of involvement in the advocacy for the establishment an ASEAN human rights mechanism. As such, they pledged to push for a meeting between the HLP and the Working Group (see related story on page one).

“We are bureaucrats and it is in our nature to be cautious; this is why it is important for us to dialogue with groups with ambition for new institutions that are about to be created, such as the ASEAN human rights body. We will give a strong recommendation to the HLP to listen to the Working Group’s ambition,” Singapore Senior Official Peter Ho told the group.

The Working Group advised the Working Group to keep the following guidelines in mind as they give their recommendations: (1) all ASEAN member-states must be in agreement with the ToR, (2) the push for the human rights agenda in ASEAN is best achieved through an evolutionary approach, and (3) to avoid setting artificial deadlines that cannot be met.

VAP Update Working Group Co-Chair Marzuki Darusman then gave the Senior Officials an overview of the gains in the human rights areas of the Vientiane Action Programme (VAP) which the ASEAN ministers had asked the Working Group to assist in implementing in 2005.

On the establishment of a commission on the promotion and protection of the rights of women and children, he reported that the study on the proposed Commission has been completed by Thai Working Group Chair Dr. Sriprapha Petcharamesree. The paper was presented at a Roundtable on April 6-8, 2008 organized by the ASEAN Secretariat to give government agencies that deal with issues concerning women and children the opportunity to evaluate the feasibility of creating such a Commission in the region.

The Working Group also reported that the national human rights institutions (NHRIs) of Indonesia, Malaysia, the Philippines and Thailand (collectively known as the ASEAN NHRI Forum) are already organized and pursuing joint activities. Together with the Working Group, the NHRI Forum is assisting Cambodia in its efforts to create its own NHRI. On the promotion of human rights education, the Working Group followed up on proposal to set up a human rights institution or center which will serve as the main training and educational facility for human rights in the region.

Mr. Ho concluded the meeting by stressing that ASEAN’s current work on human rights will determine what will take shape in years to come. “We hope to have the Working Group continue participating in this,” he said.

ASEAN Senior Officials and the Working Group dialogue annually on human rights concerns in the region during the AMM.

The Working Group (above) and the ASEAN Senior Officials (right) take a look at human rights developments.

WORKING GROUP UPDATES

Philippine CSOs Make Recommendations for ASEAN Human Rights Body By Timothy John Batan THE PHILIPPINE WORKING GROUP (PWG),

Oro, will be officially submitted to Ambassador

have a human rights background and that

the Philippine Alliance for Human Rights

Rosario Manalo, the Philippine representative

the selection process should be transparent.

Advocates (PAHRA) and Task Force Detainees

to the High-Level Panel (HLP) drafting the

Some CSOs proposed that the AHRB take the

of the Philippines ( TFDP), conducted a

powers and mandate of the AHRB.

form of a human rights court or, if this is not

nationwide campaign from June to August

Human rights organizations, party-lists

possible at the moment, a commission.

2008 to elicit inputs from civil society

and other grass roots-based organizations

PAHRA Chair Max de Mesa summed up the

organizations (CSOs) regarding the structure

that actively participated in the consultations

consultations by explaining how strong civil

and powers of the ASEAN human rights body.

agreed that the AHRB should promote and

society resolve for the AHRB and in ASEAN can

They sought to acquaint the CSOs with ASEAN

protect civil, political, economic, social and

result in a decrease in human rights violations

and its Charter, explain the advantages of

cultural rights.

in the region. He said that the CSO advance

having an intergovernmental human rights

They said it should have programs for

in the promotion and protection of human

body in the region, and garner inputs for

priority sectors such as indigenous peoples

rights in the region has been substantial

the AHRB.

and women. While there were different

and encouraged participants to push for

opinions on the composition of the AHRB, all

their aspirations for the AHRB, “whatever the

participants agreed that its members should

results may be”.

The results of the consultations, which were held in Manila, Cebu, and Cagayan de

CWG Charts Strategy for an Independent NHRI in Cambodia THE CAMBODIAN WORKING Group for an ASEAN Human Rights Mechanism (CWG) conducted a planning workshop in Phnom Penh from August 4-5, 2008 where the framework for pushing for the establishment of a national human rights institution (NHRI) in Cambodia was developed. The CWG has been identified as the civil society component of a joint committee tasked with drafting the law that will jumpstart the creation of an independent NHRI.

popularize the need for an NHRI. The CWG notes that there are currently

three human rights organizations that have been created by the Cambodian government but none of these are compliant with the Paris Principles or the minimum guidelines which NHRIs have to follow in order to effectively promote and protect human rights in a country. The CWG is pushing for the creation of an NHRI which is aligned with the Paris Principles, that is, characterized by independence, adequate powers, accessibility, cooperation, operational efficiency and accountability.

The CWG looks to the Commission on

Human Rights of the Philippines (CHRP) as a model and asked the CHRP’s Executive Director Jacqueline Mejia to facilitate the workshop for CWG core members.

Currently, among the ASEAN nations, only Indonesia, Malaysia, the Philippines and Thailand have NHRIs. At a human rights conference organized by the CWG in September 2006, Prime Minister Hun Sen proclaimed that Cambodia will be the fifth member-state of ASEAN to have an NHRI. The CWG is a member of the region-wide Working Group for an ASEAN Human Rights Mechanism.

a s e a n h r m e ch . o r g

Cambodian Working Group members put their heads together in a brainstorming session led by CHR Executive Director Jacqueline Mejia.

w w w .

The CWG says that it has finished crafting the draft bill creating the NHRI in Cambodia and is now waiting for the government component of the joint committee for its inputs.

To speed up the process, the CWG intends to lobby with and seek support from allies in the National Assembly, the Senate, and the Constitutional Council for the adoption of the bill and the possible constitutional amendments to accommodate it. The CWG will also drum up assistance and feedback from other CSOs and the grassroots through workshops and radio call-in shows. Lastly, the CWG will stage dramas and concerts to

5

news f ro m t h e region

Debate Continues on Proposed ASEAN Commission on the Rights of Women and Children IT IS STILL unclear whether the Association of Southeast Asian Nations (ASEAN) will be creating a Commission on the Rights of Women and Children (ACWC) separate from the ASEAN human rights body or will merge the two in one body. In April 2008, the ASEAN Secretariat organized a roundtable for key government agencies to explore directions for the ACWC but this ended with par ticipants agreeing to set aside more time to scrutinize other options. Since then, several voices from human rights

organizations and women and children’s groups have joined the debate.

The Working Group for an ASEAN Human Rights Mechanism (Working Group) supports the position that the ACWC should proceed independently and separately from the AHRB. Former Senator Wigberto Tañada, chair of the Philippine Working Group, pointed out that the ACWC and the AHRB are two separate commitments by ASEAN and should be pursued accordingly. The establishment of the ACWC was mandated by the Vientiane

6

SECRETARY-GENERAL DR. SURIN Pitsuwan of the Association of Southeast Asian Nations (ASEAN) expressed optimism that the ASEAN Charter will be fully ratified by the time the ASEAN Summit reels off in mid December 2008, and for good reason.

Seven out of ten ASEAN member-states have already ratified the Charter in this order: Singapore, Brunei Darussalam, Malaysia, Lao PDR, Viet Nam, Cambodia, Myanmar (Burma), and the Philippines.

Now all that’s needed for the Charter to come into force is a nod from Indonesia and Thailand. As of this writing, ratification by the national parliaments of the two member-states seems to be in sight.

In Indonesia, a special committee of the House of Representatives is scheduled to finish its deliberations on the Charter by October 8, 2008. This will be followed by a consultative session and a plenary before a decision is made. A report by a local daily, the Jakarta Post, said Foreign Minister Hassan Wirajuda noted that there are no strong objections from the lawmakers and that he expects ratification to take place as early as October.

In Thailand, the Charter has been ratified by both houses of parliament and is now awaiting the King’s approval before it is submitted to ASEAN. An elated Dr. Pitsuwan said that the ratification of the Charter in his home country is especially important since Thailand is the current chair of ASEAN. The Philippines ratified the Charter on October 7, 2008. “It was the Philippines that first proposed the ASEAN Charter in the 1970s.

It was also the Philippines that took the initiative in providing for an ASEAN human rights body, which is now part of the Charter,” said Senate Foreign Relations Committee Chair Miriam Defensor- Describing himself as ASEAN’s cheerleader-in-chief, Dr. Surin Pitsuwan highlights the benefits of the Charter.

Santiago, explaining her support for ratification.

Photo from the Council of Asian Liberals and Democrats

HUMAN RIGHTS HERALD |

NOVEMBER 2008

Indonesia and Thailand: Charter Ratification in the Pipeline

Action Programme ( VAP) in 2004 and the creation of the AHRB is provided for in the ASEAN Charter.

Program Manager Ray Paolo Santiago added that the VAP deadline is 2010 while the creation of the AHRB, at this point, does not have any. “Further rights protection and promotion in the region can start being pursued if at least one, if not both regional mechanisms, can already be established by 2010,” he said. “Once running, the ACWC can also be used to open doors for the creation of the AHRB.” In the event that an ACWC is subsumed under the AHRB, women’s rights advocate and columnist Rina Jimenez-David reflected on whether “women and children (will) be as visible and important to a commission concerned with the broader issues of human rights”.

Tañada agreed, “Although women and children’s rights are human rights, these sectors demand specialized bodies that can better address the promotion and protection of these rights.” He likened this to the U.N. creating separate human rights instruments on women and children despite the existence of the International Bill of Human Rights.

I n t h e i r re g i o n a l c o n s u l t a t i o n o n the ACWC held in Bangkok, Thailand on September 2008, however, the Solidarity for Asian People’s Advocacy and the Women’s Ca u c u s fo r t h e A S E A N H u m a n R i g h t s Body reaffirmed their call to subsume and integrate the AC WC to the AHRB. “The AHRB should encompass all sectors.

There will also be more costs if there are many commissions,” reasoned Honey Tan, a member of the Women’s Caucus.

The creation of the ACWC is one of the four human rights areas enshrined in the VAP. In 2005, ASEAN mandated the Working Group to assist in its implementation. Since then, the Working Group has conducted discussions on the AC WC in its yearly workshops and roundtable discussions.

T h a i Wo r k i n g G ro u p C h a i r S r i p r a p h a Petcharamesree has produced a study on how to lay down the foundations of the ACWC.

OUR PEOPLE

the gathering that she was encouraging

the third meeting of the High-Level Panel

other HLP members to organize similar

on the ASEAN human rights body (HLP),

consultations in their countries.

also hosted a gathering of civil society

So far, Thailand has committed to a

organizations (CSOs) from the region.

dialogue with CSOs in December 2008

Held on September 11, 2008 in Manila,

while Lao P.D.R. expressed interest in

the meeting was convened so the CSOs

sponsoring one in early 2009. For her

could prepare for their dialogue with the

part, Manalo said that the Philippines

HLP the following day.

would listen to CSOs and “do its best

“The advocacy for the ASEAN human

to create an institution that would be

rights mechanism, such as the AHRB,

effective, especially since the ASEAN

has been championed since 1993 and

Char ter provision that calls for the

the Department of Foreign Affairs of

creation of the AHRB was an initiative of

the Philippines (DFA) is pleased that

the Philippines.”

this is finally taking shape. We are only

The Working Group for an ASEAN

too happy to hold this consultation,”

Human Rights Mechanism ( Working

Assistant Secretary Marilyn Alarilla said

Group) highlighted the significance of

in her welcome remarks. She shared

the meeting. “The push for the AHRB,

that the two previous meetings of the

historically, has always come from CSOs.

HLP had not yet delved into substantial

This meeting reflects that governments

discussions on the powers and mandate

are interested and are taking proactive

of the AHRB. So, Aarilla said, the DFA

steps towards establishing the AHRB,”

decided to sponsor a consultation in

said Program Officer Ma. Ngina Chan-

the sidelines of the HLP’s third meeting

Gonzaga, a resource speaker during the

to get CSO input for the AHRB that can

activity. “ We hope that other ASEAN

be used to guide the HLP’s discussions

member-states would indeed consider

at the early stages.

holding similar consultations so that the

The Philippine representative to the HLP, Ambassador Rosario Manalo, informed

process will be as broad and as inclusive as possible.”

From left to right: WG Program Officer Ma. Ngina Chan-Gonzaga, DFA Assistant Secretary Marilyn Alarilla, Ambassador Rosario Manalo, and PAHRA Secretary-General Renato Mabunga.

MARZUKI DARUSMAN, A member of Indonesia’s Golkar Party, is heading the House special committee which is deliberating the country’s ratification of the Charter of the Association of Southeast Asian Nations (ASEAN).

The special committee had been holding a monthlong serious of meeting with various stakeholders.

This drew to a finish on October 8, 2008 when the spokespersons of all ten House factions voiced their approval for the Charter. Darusman reported that the special committee will be setting a date for a House plenary session for official ratification.

While the special committee is endorsing ratification, Darusman said that they would also be submitting several notes to the government for consideration. “The government must push for an immediate establishment of the planned human rights body so as to promote and protect human rights. We also stressed the importance of explicit rules on sanctions mechanisms for disobedient state members and on possible freezing of membership,” stressed Darusman. In addition, Darusman said that House members wanted the government to push for regulations for transnational crimes and for measures to make the decision-making process in ASEAN clearer.

The parliamentarian is recognized internationally for championing human rights in the region. Darusman is the co-chairperson of the Working Group for an ASEAN Human Rights Mechanism and formerly was the chairperson of the Human Rights National Commission of Indonesia (KOMNAS HAM).

WG Secretariat Welcomes New Administrative Officer MS. MARIA KRISTINA Merginio joined the Secretariat of the Working Group for an ASEAN Human Rights Mechanism (Working Group) on June 10, 2008. As the Working Group’s administrative officer, Merginio will be assisting the Manila office with her documentation and financial duties.

Prior to her posting, Merginio led several collegecentered projects for peace and graduated with an international studies degree with honors. She describes her experience with the Working Group so far as enlightening and exciting. “With the Working Group, I am witnessing the important role of diplomacy when it comes to negotiating with all kinds of stakeholders. I am learning much,” she says.

a s e a n h r m e ch . o r g

THE PHILIPPINE GOVERNMENT, host of

Darusman Heads House Committee on the ASEAN Charter

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Philippine Department of Foreign Affairs Sponsors CSO Discussion on the ASEAN Human Rights Body

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FROM THE SECRETARY-GENERAL’s DESK

ASEAN Redefines Itself SECRETARY-GENERAL SURIN Pitsuwan couldn’t have said it better: the issue of human rights is what is currently defining the Association of Southeast Asian Nations (ASEAN).

2008 alone saw swift and progressive developments for the ASEAN human rights body (AHRB). The ASEAN Charter, which mandates its creation, was adopted in January and will most likely be fully ratified by the end of the year. By July, the High-Level Panel (HLP) tasked to draft the powers and mandate of the AHRB had already convened and held its first meeting.

We noted, with great interest, what the HLP pledged in that meeting.

“We agreed that it is important to engage ASEAN civil society in our work,” then HLP Chair Mr. Bilahari Kausikan of Singapore told the press. In a similar vein, Pitsuwan said that the HLP must “reflect on the people’s aspirations, expectations, and dreams” in order to turn ASEAN into a people-centered regional organization.

So far, ASEAN is keeping its word. The HLP interfaced with the Working Group for an ASEAN Human Rights Mechanism, the four National Human Rights Institutions (NHRIs) in ASEAN (collectively known as the ASEAN NHRI Forum), the Solidarity for Southeast Asian Peoples Advocacy (SAPA), and the Women’s Caucus for an ASEAN Human Rights Mechanism prior to their third meeting in Manila. The HLP not only received group submissions but requested for further input, saying that future consultations would possibly be in the works before it completed penning the AHRB’s Terms of Reference (ToR) in 2009.

NOVEMBER 2008

Of course, ASEAN’s new dynamism towards the AHRB would fall flat if civil society and the NHRIs were not as active as they are now.

Their submissions for the AHRB are a result of self-initiated grassroots consultations around the region and years of expertise in human right

HUMAN RIGHTS HERALD |

E-mail: info@aseanhrmech.org Phone: (+632) 8993633 Fax: (+632) 8994342

issues. The HLP did well to welcome their recommendations.

Will ASEAN’s more open and consultative approach to drafting the AHRB coupled with civil society’s relentless efforts to engage ASEAN pave the way for how will they will behave towards other human rights issues

8

This is a bi-annual publication of the Working Group for an ASEAN Human Rights Mechanism. For subscription requests, information, comments and suggestions, please contact us:

in the region in the future?

Editorial Board Carlos P. Medina Jr. Paulynn P. Sicam Ray Paolo J. Santiago Anne A. Elicaño Joy B. Ponsaran

It is our hope that all stakeholders in the region make it so.

Carlos P. Medina Jr.

Secretariat Working Group for an ASEAN Human Rights Mechanism Ground Floor, APS Building 20 Rockwell Drive, Rockwell Center Makati City 1200 PHILIPPINES