Information regarding the review of the Terms of Reference (TOR) of the ASEAN Intergovernmental Commission on Human Rights (AICHR), 2014

1. AICHR TERMS OF REFERENCE
REVIEW AND THE
DEVELOPMENT OF HUMAN
RIGHTS PROTECTION IN ASEAN
Yuyun Wahyuningrum
Senior Advisor on ASEAN and Human Rights
Human Rights Working Group (Indonesia)
E: wahyuningrum@gmail.com
30 June 2014

2. Review and Amendment of the AICHR’s
Terms of Reference (TOR)
To review the TOR
• Para 9.6 stipulates, “This TOR shall be
initially reviewed five years after its
entry into force. This review and
subsequent reviews shall be
undertaken by the ASEAN Foreign
Ministers Meeting, with a view to
further enhancing the promotion and
protection of human rights within
ASEAN.”
• Para 9.7. “the AICHR shall assess its
work and submit recommendations for
the consideration of the ASEAN
Foreign Ministers Meeting on future
efforts that could be undertaken in the
promotion and protection of human
rights within ASEAN consistent with the
principles and purposes of the ASEAN
Charter and this TOR”
To amend the TOR
• Para 9.2. “Any Member State may
submit a formal request for an
amendment of this TOR”.
• Para 9.3. “The request for
amendment shall be considered by
the Committee of Permanent
Representatives to ASEAN in
consultation with the AICHR, and
presented to the ASEAN Foreign
Ministers Meeting for approval.”
• Para 9.4. “Such amendments shall
enter into force upon the approval of
the ASEAN Foreign Ministers
Meeting.”
• Para 9.5. “Such amendments shall
not prejudice the rights and
obligations arising from or based on
this TOR before or up to the date of
such amendments.”

3. Cha-am Hua-Hin Declaration on the
Intergovernmental Commission on Human
Rights
• Paragraph 7:
• “...the TOR of the AICHR shall be reviewed every five
years after its entry into force to strengthen the mandate
and functions of the AICHR in order to further develop
mechanisms on both the protection and promotion of
human rights. This review and subsequent reviews shall
be undertaken by the ASEAN Foreign Ministers Meeting.”

4. REVIEW versus AMENDMENT
Review
• The Review will be conducted
by ASEAN Foreign Ministers
Meeting
• The Purpose of the Review is to
further enhancing the
promotion and protection of
human rights within ASEAN
• AICHR should a) assess its
work and b) submit the
recommendations for the
consideration of ASEAN
Ministers Meeting
Amendment
• It is the Member State that
may submit a formal request
for an amendment of the TOR
• CPR should discuss the
request in consultation with
the AICHR, and present it to
the ASEAN Foreign Ministers
Meeting for approval
• Amendments shall enter into
force upon the approval of
the ASEAN Foreign Ministers
Meeting

5. CSO’s Role in the TOR’s Review and
Amendment
AICHR AMM
CPR
Member States

6. Date/Venue AICHR’s Plan What CSO can do
8-9 March
2014, Jakarta
AICHR Special Meeting on Assessing
TOR Review
Submit CSO’s assessment on
the work of AICHR
28 April 2014,
Jakarta
Consultation with stakeholders on the
review of the TOR of AICHR
29 April 2014,
Jakarta
Consultation with ASEAN with CSOs Participate. Inputs.
Each country will have 5
representatives
27-28 June
2014, Bangkok
Regional Consultation with other
Regional Human Rights Commissions,
UN, CSOs, & human rights experts
Inputs to the respective invitees
10-11 July,
Singapore
Special AICHR Meeting – to consolidate
input from consultations and finalize the
AICHR submission to ASEAN Foreign
Ministers Meeting
Inputs to the respective invitees
3-8 August
2014, NPT
47th ASEAN Foreign Ministers’ Meeting Inputs to AMM
8 August 2014,
NPT
AICHR meets AMM on TOR Review
Timeline in AICHR

7. What we don’t know now
• What AICHR going to include in their proposal to AMM in
term of assessment and recommendation for the review?
• Whether AICHR going to share their note to public?
• What recommendation to be included and not by AMM?
• Modalities in AMM
• AMM may establish a High Level Panel/Working Group
• AMM may appoint SOM to do the review
• AMM may revert it back to AICHR
• The Timeline?

8. CSO’s Assessment during the 1st AICHR
Consultation, 29/04 & 28-29/06, 2014
• Lack of protection mandate and absence of dedicated
secretariat with human rights expertise are the main
hindrances to AICHR’s work.
• Furthermore, AICHR has not been able to perform its functions
regarding the
• Establishment of institutionalized relationship with stakeholders
including the civil society and NHRIs (Art. 4.8, and 4.9),
• Collection of information on the promotion and protection of human
rights by ASEAN member-states (Art. 4.10),
• Lobby ASEAN member-states on ratification or accession to
international human rights conventions (Art. 4.5),
• Full implementation of the ASEAN human rights-related instruments
(Art. 4.6),
• Advisory and technical assistance to ASEAN sectoral bodies (Art. 4.7),
and
• Development of common approaches and position on human rights
(Art. 4.11);

9. CSO’s Assessment during the 1st AICHR
Consultation, 29 April 2014
• There has been a contradiction between the international
definition of the principles of rule of law, good governance,
respect for fundamental freedoms, sovereignty and the non-
interference doctrine, on the one hand, and their formulation in
ASEAN documents on the other hand.
• The continuing lack of respect for human rights and impunity
has undermined the effort to make the ASEAN human rights
standards at par with the international standards;
• Inaccessibility at both national and regional levels create gaps
in the understanding of the role of regional human rights
mechanisms in ASEAN;
• Lack of transparency in the work of AICHR;
• Dominance of appointed representatives, rather than those
domestically selected, that contributes to the lack of
independence of AICHR.

10. CSO/NHRI Recommendations
• Widening the existing mandates, emphasizing on protection
• Creatively interpret the current mandates
• AICHR to strengthening the national mechanisms on human
rights – AICHR should consider NHRI as partner
• Establishing complaint mechanisms, precautionary measures,
country visits, country peer-reviews; and having communication
strategy and alliance with the media
• Guidelines - for the AHRD, and Guiding observations to the
TOR interpretation
• Work closely with parliamentarians to encourage the ratification
and acceding the international standards
• Institutional stakeholders’ engagements, more dialogue with
key actors: CSO, NHRI, UN agencies
• More transparency, accountability, respect freedom of
information

11. CSO/NHRI Recommendations
• Make the rights of vulnerable groups prominent in its
programs;
• Give more attention to inter-generational rights regarding
sustainable development;
• Make its website accessible to persons with disabilities or
migrant workers;
• Raise the awareness of the people in ASEAN and have
more training activities involving stakeholders;
• Engage civil society more actively in the decision-making
process, and open space for stakeholder participation at
the national and regional levels;
• Adopt creative ways to overcome the difficulty of having a
consensus;

12. History CSO Advocacy in ASEAN
Within all limitation in ASEAN:
 History of civil society engagement with ASEAN. It
is a journey of believing that engagement can make
change.
 History of national political opening contribute to
the political space at regional level.
 History of democracy movements in ASEAN
countries. The opening political spaces at the
national level impact the situation at the regional
level.
 History of interaction between national and
international efforts and dialogue on human rights.
 Journey of believing that a human rights
commission can be created in context of the region
with no respect of values of democracy and human
rights.

13. AICHR after five years
• The creation of AICHR is a step towards
cooperation on human rights. It demonstrates that
ASEAN integration is not always about economic
cooperation.
• Generate human rights debates in ASEAN
• Generate civil society movement on human rights
in ASEAN, both thematic-based or general issues
• Generate interests from other neighbor sub-region
to establish similar mechanisms
• Generate cooperation and dialogue on human
rights between ASEAN and its dialogue partners

14. AICHR after five years
• Human Rights Dialogue (25 June 2013): Government of Indonesia
invited AICHR Representatives on Human Rights Dialogue to hear its
report on human rights situation, its challenges and possible with
AICHR in the future. The Government of Thailand has agreed to be
the State to Report to AICHR on its human rights situation in August
2014
• AICHR-CPR joint-collaboration to have a public discussion during
the 46th ASEAN Anniversary (August 2013) in ASEAN Secretariat in
Jakarta taking the theme “Community Building through the
Implementation of the ASEAN Human Rights Declaration (AHRD)”
• AICHR Thailand initiative on visiting Klongprem Central Prison
(November 2013) to observe detention and treatment of female, child
and undocumented migrants facilities
• Held a retreat in May 2013 to talk about country’s human rights
situation: Laos (on S. Somphone) and Myanmar (on Rohingya).

15. AICHR after five years
• AICHR Indonesia’s initiative to hold the annual Jakarta Human Rights
Dialogue as a venue for human rights stakeholders to discuss different topics
on human rights: ASEAN Charter review and its implication to human rights
architecture (2012), prevention of torture (2013) and death penalty (2014).
Thailand will host similar initiative in November 2014 on Bangkok Human
Rights Dialogue with the theme on access to justice.
• AICHR’s Stakeholders meetings/consultations took place from 2012-2014
• (On-going) AICHR Guideline in engaging civil society groups.
• Studies: CSR and human rights, migration and human rights, right to peace,
trafficking in persons
• Country Visit 2014 – Indonesia
• Engagement with International and regional human rights institutions

16. AICHR after five years
• Generated more discussion in both bilateral and multilateral
relations among states in ASEAN and also with Dialogue
Partners as well as among civil society in the region.
• Civil society groups are more organized in addressing
issues both generally or thematically on human rights,
especially to voice for the voiceless, promote social cohesion
and equality, strengthen social capacities, advocate for ASEAN
reform, ensure that ASEAN is accountable, and act as an
important check-and-balance for the promotion and protection
of human rights in the region.
• The growing activism of civil society organisations has been
contesting the ASEAN’s way of human rights socialisation,
especially on holding non-interference and the rejection to the
inclusion of self-determination in AHRD.
• The space/platform to debate human rights publicly in the
region is gradually opened up

17. CSO Platforms in engagingASEAN in the last ten years
Name frequent Engaging the body
ACSC/APF annually ASEAN SUMMIT Head of
States/Governments
ASEAN Disability Forum (ADF) annually
ASEAN Youth Forum annually
ASEAN Grass-root People Assembly annually
ASEAN Community Dialogue annually ASEAN Committee Permanent
Representatives (CPR)
CPR
Civil Society Forum to AMM on
human rights
annually ASEAN Ministers Meeting (AMM) Foreign Ministers
Informal Dialogue between CSO and
ASG
annually ASEAN Secretary General (ASG) Secretary General
Jakarta Human Rights Dialogue in
ASEAN
annually ASEAN Human Rights
Mechanisms
AICHR, ACWC
GO-NGO Forum on Social Welfare &
Development
annually ASEAN Senior Official Meeting
on SWD
SOM officials