human rights cooperation in asean
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Cooperation among
Human Rights
Mechanisms in thePromotion and Protection
of Human Rights
Ms. Yuyun Wahyuningrum, Senior Advisor on ASEANand Human Rights, HRWG-Indonesia,
Seminar on Human Rights Mechanisms in ASEAN:
Challenges and Ways Forward, 10-11 June 2013,
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“AICHR review offers hope for human rights progress”, Yuyun Wahyuningrum
Published: 22 Feb 2013, Bangkok Post, http://www.bangkokpost.com/opinion/opinion/337131/aichr-
review-offers-hope-for-human-rights-progress
Review Indicators based on the 2009’s Hua-Hin Declaration:
#1 - whether AICHR has provided a forward-looking strategy to strengthen regional
cooperation on human rights.
#2 whether AICHR has served as a vehicle for progressive social development and
justice, the full realisation of human dignity and the attainment of a higher quality of life
for ASEAN people.
#3 whether AICHR has received the full support and provision of adequate resources
by ASEAN member states.
#4 whether AICHR has acknowledged the contribution of stakeholders in the promotion
and protection of human rights in ASEAN, and encouraged their continuing
engagement and dialogue.
#5 whether ASEAN has achieved cooperation on human rights to support the evolution
of the body as an overarching institution
The Declaration stipulated that the review should strengthen the mandate and
functions of AICHR to develop mechanisms to protect and promote human rights
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What TOR say about Human
Rights Cooperation?
AICHR
Art. 1.5 To enhanceregional cooperation witha view to complementing
national and internationalefforts on the promotionand protection of humanrights.
Art. 4.2 AHRD as aframework for humanrights cooperationthrough various ASEANconventions and other instruments dealing withhuman rights
ACWC
Art. 2.4 To enhance regionaland international cooperationwith a view to
complementing national andinternational efforts on thepromotion and protection of the rights of women andchildren.
Art. 2.6 To promote stabilityand harmony in the region,friendship and cooperationamong ASEAN Member States
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AICHR & ACWC in the last four
yearsThe creation of AICHR/ACWC is a step towardscooperation on human rights. It demonstratesthat ASEAN integration is not always abouteconomic cooperation.
Generate human rights debates in ASEAN
Generate civil society movement on humanrights in ASEAN, both thematic-based or generalissues
Generate interests from other neighbor sub-region to establish similar mechanisms
Generate cooperation and dialogue on human
rights between ASEAN and its dialogue partners
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Human Rights Cooperation:Forward Looking Strategy & Evolution of AICHR
The necessity for cooperation on human rights may bedriven by the idea of making ASEAN a strong andcohesive community by 2015
Member States cooperation on human rights
Institutions: Internal (with ASEAN organs) vs External (with non ASEAN organs)
Formal vs Informal: depending on the degree of necessity for the cooperation, coordination and joint efforts – creates room to manoeuver based on the degree of
comfort and trust that the concerned bodies have reached.
Multiple level human rights mechanisms: national,regional international, culture-based regional mechanism(OIC)
ASEAN Centrality
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Standard and PrinciplesSource: Outcome Document of the Expert meeting on Effective
Alignment among Human Rights Institutions and Mechanisms, 2010
Uphold the principle that all human rights are universal,indivisible, interdependent and interrelated.
Based on the premise of equality among human rightsbodies regardless of the nature of their mandates beinggeneral or specific to particular rights or groups.
Complementarity and mutualityComplementarity, especially in the common areas of concern and the unique roles and authorities of therespective bodies.
Non-duplication, i.e. petition submission IACHR andInternational HR systems
Mutuality: mutual respect and support of each body’smandates and functions, and mutual reinforcement of each body’s roles
Participation or representation, particularly with regard tovulnerable and marginalized groups, as a key ingredient for
effective cooperation in any human rights system, i.e. ACHPR, IACHR
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Level of CooperationSource: Outcome Document of the Expert meeting on Effective
Alignment among Human Rights Institutions and Mechanisms, 2010
According to the need Semi-Intensive Intensive
could involve
consultations and/or
sharing of information
while decision making iscarried out separately
and independently;
regular meetings for
coordination and
development of informal
guidelines for cooperation; and/or,
formal requests for
inputs or submissions of
independent reports
could involve the
development of
common procedures,
and/or the designationof a person or
commissioner in charge
of maintaining
relationships with other
relevant bodies
could involve the
establishment of joint
visits, joint thematic task
forces, special jointprojects and/or joint
monitoring efforts.
i.e. Indonesia’s NHRIs’
cooperation: (1) a
working group to
develop a jointmonitoring of prisons
and detention centers
across the country and
(2) a yearly national
human rights summit
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Forms of CooperationSource: Outcome Document of the Expert meeting on Effective
Alignment among Human Rights Institutions and Mechanisms, 2010
Substantive Procedural Administrativefocuses on the substance
of the work and the raison
d’etre of human rights
bodies and institutions:
strategies, work plan,
activities.
i.e. development of informal
guidelines, the issuance of
joint press releases,
engagement with human
rights treaty bodies or under UPR, coordinated
HR recommendations to
Member States on
fulfillment of their legal
obligations; or,
establishment of complementary priority
assumes that the
human rights bodies
have collectively
formulated and
adopted the rules of
procedures or
operating guidelines.
common working space
among staff, sharing
technical support, making
optimal use of
information technology,
allocating adequate
budget and other
resources for coordinated
activities, and adopting
streamlined financial
procedures.• can bring about
additional benefits of
financial savings and
increased efficiency
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Modes of CooperationSource: Outcome Document of the Expert meeting on Effective
Alignment among Human Rights Institutions and Mechanisms, 2010
Informal Formal
informal mechanism to discuss
mutual expectations and develop
informal guidelines for
synchronizing of their respective
work.
i.e. Regular meetings held at least
three times a year between the
Inter-American Commission on
Human Rights (IACHR) and the
Inter-American Human Rights
Court, for example, has enacted
new rules of procedures in 2010.
Institutionalized cooperation
• have the advantages of greater
consistency, predictability and
accountability to the
stakeholders and
constituencies within a human
rights system.
• But not always easy
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Scope of Cooperation
1. A system-wide approach rather than narrow scope
of cooperation
which involve carrying out assessment of
decisions, policies, agreements and programs for
their impact on human rights protection and
promotion at the regional and domestic contexts;recommending human rights integration
strategies; and,
developing appropriate tools to assist the relevant
bodies in integrating human rights standards intheir work.
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Scope of Cooperation
2. Cooperation to effectively addressing cross-cuttingissues.
Issue-based approaches allow for dynamicexploration of human rights obligations as they
create opportunities for input from a diversity of experts, constituency groups within civil society,and related mandate holders at the national,regional and international levels.
i.e. Anti-Trafficking. SOM TC is now developing the
ASEAN Convention on anti trafficking, ACWC hasanti-trafficking in its work plan, AICHR has antitrafficking as one of its priority issues, ACMW isdrafting the instrument on migrant workers, NHRIhas the issue as one of its thematic priorities.
Based on the most accepted recommendation inUPR c cle 1
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UPR Recommendation to ASEAN countries:
the most accepted and rejected
Most accepted Most Rejected
Rights of Person
with Disabilities
Corruption Death Penalty Freedom of
expression
HRE Right to food Asylum seekers Freedom of
opinion
Right to Education National plan of
action on humanrights
Emergency
decree
Freedom of
association
Right to Health Child’s right Recruitment of
children in armed
conflict
Asylum seekers-
refugees
Right to housing Truth andreconciliation
Poverty Rome Statue
Trafficking LGBT
Women’s rights Special Procedure
on counter-terrorism
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Post-Charter Cooperation with Dialogue
Partners
Area of Cooperation
Plan of Action to Implement
the Joint Declaration on
ASEAN-China Strategic
Partnership for Peace and
Prosperity (2011-2015)
1.6.1 Collaborate on human rights through
regional dialogues, seminars and workshops,
education and awareness raising activities, as
well as exchanges of best practices and other
capacity building initiatives aimed at enhancing
the promotion and protection of human rightsand fundamental freedoms. This includes
supporting the work of the ASEAN
Intergovernmental Commission on Human
Rights (AICHR), which is the first regional
mechanism and overarching institution for the
promotion and protection of human rights in ASEAN.
ASEAN-European Union:
READI
ASEAN human rights related mechanisms:
AICHR, ACWC, ACMW, ACW
ASEAN-US ACWC
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Challenges in CooperationWould non-interference policy be the stumbling block for further cooperation in human rights? -- A scholar arguesthat non-interference policy contributes but not sufficient for the cause of problems in cooperation (Nehginpo Kipgen (2012): Association of Southeast Asian Nations (ASEAN): Cooperation Problems onHuman Rights, Strategic Analysis, 36:1, 100-111)
The absence of political will is. Given the nature of thedifferent regime types, human rights is not a priority allmember states
The absence of specific mechanism in ASEAN to bring all
mechanisms together
While the more democratic states attempt to strengthen ASEAN’s international credibility by improving humanrights conditions and AICHR/ACWC profile, they do notpush to the extent of jeopardizing the existing relationship
between states