1. Developments on
Human Rights in ASEAN
Mr. Ray Paolo J. Santiago
Acting Secretary-General
Working Group for an ASEAN Human Rights Mechanism
2. 1988: Declaration of the Advancement of Women in the ASEAN Region
1993: World Conference on Human Rights and
Vienna Declaration and Program of Action
Human Rights as universal, inherent, interrelated and interdependent
ASEAN foreign ministers “agreed that ASEAN should also consider the
establishment of an appropriate regional mechanism on human rights”
in support of the Vienna Declaration and Programme of Action of June 25,
1993.
3. 1994: ASEAN ISIS Colloquium on Human Rights
1995: The Working Group for an ASEAN Human Rights Mechanism (Working
Group) was set up by the Human Rights Committee of the Law Association of
the Asia and the Pacific Region or LAWASIA.
an informal coalition of national working groups from ASEAN states which
are composed of representatives of government institutions, parliamentary
human rights committees, the academe, and NGOs
1996: ASEAN Foreign Ministers met the Working Group for an ASEAN Human
Rights Mechanism to discuss about human rights in ASEAN and the issue of
establishing an appropriate regional human rights mechanism
4. 1997: “ASEAN Vision 2020” wherein it envisioned “ASEAN as a concert of
Southeast Asian Nations, outward-looking, living in peace, stability and prosperity,
bonded together in partnership in dynamic development and in a community of
caring societies.”
1998: Hanoi Plan of Action to pursue the ASEAN Vision 2020.
mentioned the sharing of information on human rights
2000: “Draft Agreement for the Establishment of the ASEAN Human Rights
Commission”
Submitted by the Working Group to the ASEAN SOM
5. 2001: Representatives of governments, national human rights institutions, and civil
society groups in ASEAN gathered in Jakarta to attend the 1st Workshop on
an ASEAN Human Rights Mechanism. Subsequent workshops were held in
Manila (2002), in Bangkok (2003), Jakarta (2004), Kuala Lumpur (2006),
Singapore (2007) and Bangkok (2008).
2004: Bali Concord II: ASEAN Community with three pillars: (1) Political-Security,
(2) Economic, and (3) Socio-Cultural
ASEAN adopted the Vientiane Action Programme (VAP) which specifically
lists down certain Program Areas on Human Rights.
6. 2004: Declaration Against Trafficking in Persons Particularly Women and Children
Declaration on the Elimination of Violence Against Women in the ASEAN
Region.
2005: ASEAN SOM asked the Working Group to help implement some human
rights provisions of the VAP.
The establishment of a commission on the promotion and protection of the rights of
women and children;
Elaboration of an ASEAN instrument on the promotion and protection of the rights of
migrant workers;
Promoting education and public awareness on human rights in the region; and
Networking among existing national human rights institutions in the region
7. All ASEAN countries have ratified the Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW) and the Convention on the Rights of the
Child (CRC).
2005-2007: The Eminent Persons Group (EPG) mention the need for a human rights
mechanism as part of their recommendations for inclusion in the ASEAN
Charter.
High Level Task Force (HLTF) on the Drafting of the ASEAN Charter
8. 2007: Declaration on the Protection and Promotion of the Rights of Migrant
Workers.
ASEAN Charter (Article 14)
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.
3. This ASEAN human rights body shall operate in accordance with the
terms of reference to be determined by the ASEAN Foreign Ministers
Meeting.
9. 2007: Declaration on the Protection and Promotion of the Rights of Migrant
Workers.
ASEAN Charter (Article 14)
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.
3. This ASEAN human rights body shall operate in accordance with the
terms of reference to be determined by the ASEAN Foreign Ministers
Meeting.
10. 2008: ASEAN Charter enters into force
Pursuant to Article 14, ASEAN formed a High Level Panel on the ASEAN
Human Rights Body
2009: ASEAN established the ASEAN Intergovernmental Commission on Human
Rights
2010: ASEAN established the ASEAN Commission on the Promotion and
Protection of the Rights of Women and Children
12. Inter-governmental and consultative
Its members are representatives of ASEAN Member
States
Decision-making will be by consultation and consensus
13. Promote & protect human rights & fundamental freedoms
Promote human rights within the regional context
Uphold international human rights standards
State has primary responsibility
Approach: constructive & non-confrontational
Evolutionary approach towards development of human rights norms
14. Develop strategies
Develop an ASEAN Human Rights Declaration to establish a
cooperation framework through HR instruments
Enhance public awareness of HR
Promote capacity building
Provide advisory services & technical assistance upon request
15. Engage in dialogue & consultation
Obtain information from member states
Prepare studies on thematic issues
Submit annual report, or other reports
Perform other assigned tasks
16. Work Plan and Priority Areas
• Women and Children’s Issues (Maternal Mortality,
Statelessness)
• Human Rights Education
• Corporate Social Responsibility
ASEAN Human Rights Declaration
Engagement with civil society