Cooperation among Human Rights Mechanisms in the Promotion and Protection of Human Rights

Ms. Yuyun Wahyuningrum, Senior Advisor on ASEAN and Human Rights, HRWG-Indonesia, wahyuningrum@gmail.com

Seminar on Human Rights Mechanisms in ASEAN: Challenges and Ways Forward, 10-11 June 2013, Bangkok, Thailand

“AICHR review offers hope for human rights progress”, Yuyun WahyuningrumPublished: 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

What TOR say about Human Rights Cooperation?

AICHR

Art. 1.5 To enhance regional cooperation with a view to complementing national and international efforts on the promotion and protection of human rights.

Art. 4.2 AHRD as a framework for human rights cooperation through various ASEAN conventions and other instruments dealing with human rights

ACWC

Art. 2.4 To enhance regional and international cooperation with a view to complementing national and international efforts on the promotion and protection of the rights of women and children.

Art. 2.6 To promote stability and harmony in the region, friendship and cooperation among ASEAN Member States

AICHR & ACWC in the last four years

The creation of AICHR/ACWC 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

Human Rights Cooperation: Forward Looking Strategy & Evolution of AICHR

The necessity for cooperation on human rights may be driven by the idea of making ASEAN a strong and cohesive 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

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 rights bodies regardless of the nature of their mandates being general or specific to particular rights or groups.

Complementarity and mutuality Complementarity, especially in the common areas of concern and the unique roles and authorities of the respective bodies.

Non-duplication, i.e. petition submission IACHR and International HR systems

Mutuality: mutual respect and support of each body’s mandates and functions, and mutual reinforcement of each body’s roles

Participation or representation, particularly with regard to vulnerable and marginalized groups, as a key ingredient for effective cooperation in any human rights system, i.e. ACHPR, IACHR

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 is carried 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 designation of 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 joint projects and/or joint monitoring efforts. i.e. Indonesia’s NHRIs’ cooperation: (1) a working group to develop a joint monitoring of prisons and detention centers across the country and (2) a yearly national human rights summit

Forms of CooperationSource: Outcome Document of the Expert meeting on

Effective Alignment among Human Rights Institutions and Mechanisms, 2010

Substantive Procedural Administrative

focuses 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 areas for joint programs

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

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

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 in their work.

Scope of Cooperation

2. Cooperation to effectively addressing cross-cutting issues.

Issue-based approaches allow for dynamic exploration 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 has anti-trafficking in its work plan, AICHR has anti trafficking as one of its priority issues, ACMW is drafting the instrument on migrant workers, NHRI has the issue as one of its thematic priorities.

Based on the most accepted recommendation in UPR (cycle 1)

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 human rights

Emergency decree

Freedom of association

Right to Health Child’s right Recruitment of children in armed conflict

Asylum seekers-refugees

Right to housing

Truth and reconciliation

Poverty Rome Statue

Trafficking LGBT

Women’s rights Special Procedure on counter-terrorism

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 rights and 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

Challenges in Cooperation

Would non-interference policy be the stumbling block for further cooperation in human rights? -- A scholar argues that 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 on Human Rights, Strategic Analysis, 36:1, 100-111)

The absence of political will is. Given the nature of the different regime types, human rights is not a priority all member 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 human rights conditions and AICHR/ACWC profile, they do not push to the extent of jeopardizing the existing relationship between states

Thank You!Terima Kasih!