Human Rights Herald - April 2012 Issue

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APRIL 2012www.aseanhrmech.org

I N S I D E2 Working Group Updates4 News from the Region7 Our People8 From the Secretary-General’s Desk

CSOs call for transparent, participatory process in drafting HR DeclarationCIvIL SoCIEty organizations have expressed concern over the “guarded process” of the ASEAN Intergovernmental Commission on Human Rights (AICHR) in drafting the ASEAN Human Rights Declaration, considering that this document will embody the standards for the promotion and protection of human rights in ASEAN.

Acting on its mandate to “develop an ASEAN Human Rights Declaration with a view to establishing a framework for human rights cooperation through various ASEAN conventions and other instruments dealing with human rights,” the AICHR, in its September 2010 meeting, created a Drafting Group to assist the Commission in developing the human rights declaration for the region.

the Drafting Group’s terms of Reference, adopted in April 2011, refers to a two-tiered drafting process with the Drafting Group

formulating a basic draft, which the AICHR will deliberate on and negotiate during its regular meetings. After six meetings starting July 2011, the Drafting Group submitted its output to the AICHR in January 2012. Negotiations have since commenced in AICHR on specific provisions.

Despite these developments, Amnesty International laments, “Not a single piece of substantive information on the process has been officially shared, and even the terms of Reference of the Drafting Group has been kept confidential.” the document produced by the Drafting Group remains under wraps, and other than consultations done by a few individual AICHR representatives in their own countries, the commission has not engaged in meaningful dialogue with the peoples of ASEAN.

In a statement drafted at the Fourth

Regional Consultation on ASEAN and Human Rights held on 27-29 November 2011, in Bali, Indonesia, more than 40 representatives of civil society organizations and people’s movements expressed their collective apprehension over the “lack of transparency in the operation of AICHR” as well as the “persistent reluctance of the AICHR to engage with stakeholders, especially CSos and NHRIs”. the statement called for a “transparent, inclusive and thoughtful drafting process” by “making public any and all documents material to the drafting of the AHRD, in time for CSos, NHRIs and other stakeholders to make comments which should be considered by the drafters”, and “conducting broad consultations with all stakeholders, including CSos, NHRIs, the ACWC, UN and other experts, both at the national and regional levels.”

In her Keynote Address at the Bali consultation, United Nations High Commissioner for Human Rights Mme. Navanethem Pillay stressed, “No discussion of human rights can be complete or credible without significant input from civil society and national human rights institutions.” She urged ASEAN to “open the doors to fuller engagement with the dynamic civil society in this region as a source of new ideas and energy”, further saying that the principle of broad consultation with civil society is a “requirement” in the work of ASEAN’s human rights mechanisms.

For its part, the AICHR has encouraged civil society groups to make written submissions on the Declaration and has disclosed its plan to hold regional consultations on the AHRD “in the coming months to encourage more inputs”.

the ASEAN Human Rights Declaration is expected to be based on universal human rights standards as articulated in international human rights instruments, including the Universal Declaration of Human Rights, the vienna Declaration and Programme of Action, and international human rights instruments to which ASEAN Member States are parties, adding value to these standards by incorporating shared regional values.

HUMAN RIGHTS

H E R A L DA BI-ANNUAL PUBLICATION OF THE WORKING GROUP FOR AN ASEAN HUMAN RIGHTS MECHANISM

Mme. Navanethem Pillay, UN High Commissioner for Human Rights, delivers the keynote address at the Bali consultation.

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tHREE yEARS after its establishment, the ASEAN Intergovernmental Commission on Human Rights (AICHR) has made progress in the promotion and protection of human rights in the region.

In the first quarter of 2011, AICHR met with H.E. Ngurah Swajaya, Chairperson of the ASEAN Committee of Permanent Representatives (CPR) to discuss further cooperation between the two bodies, especially in facilitating human rights cooperation with ASEAN’s dialogue partners. It was also during this period that the terms

of Reference of AICHR’s Drafting Group on the ASEAN Human Rights Declaration (AHRD) were adopted which, according the ASEAN Secretary-General Surin Pitsuwan, will serve as the roadmap for the regional human rights development.

In mid-July 2011, the Drafting Group met for the first time in vientiane, Lao PDR to commence preliminary work on the Declaration. the group met three more times before the chair of the Drafting Group was invited by the AICHR to report on its progress

AICHR in 2011: Focus on AHRD

18th AICOHR tackles rights of migrant workers, women and children

Dato Param Cumaraswamy of the Working Group in a huddle with Dr. Sriprapha Petcharamesree of thailand (left) and Mrs. Rosario Manalo of the Philippines (right) at the Working Group’s meeting with the AICHR in July 2011.

t H E I N S t I t U t E for St rategic and Development Studies, Inc. (ISDS) convened its 18th ASEAN-ISIS Colloquium on Human Rights (AICoHR) in Manila, Philippines on 12-13 November 2011. With representatives from government agencies and civil society organizations from ASEAN Member-States in attendance, the conference served as a platform for an exchange of perspectives and initiatives from the various stakeholders in ASEAN.

the focus of the conference was the promotion and protection of the rights of migrant workers, women and children in ASEAN, a very timely topic in light of the recent creation of landmark regional human rights bodies, namely, the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) and

at the latter’s meeting in Bali, Indonesia in December 2011. At the Bali meeting, AICHR representatives agreed to extend the mandate of the Drafting Group until January 2012 to enable it to have two more meetings to finalize its draft AHRD.

At the same meeting, AICHR also met for the first time with the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) to discuss the alignment of their functions. ACWC acknowledged AICHR’s mandate as the overarching human rights body in ASEAN and AICHR agreed that both bodies should have more engagements in the future.

Apart from the ASEAN Human Rights Declaration, AICHR also discussed and finalized its Priority Program for 2012 and its Work Plan for 2013-2015.

With all the activities and projects conducted by AICHR so far, civil society groups note that there have not been enough venues for engagement and partnership between CSos and AICHR. AICHR, for its part, recognizes the need for more dialogue and interfacing with civil society, especially since part of its mandate is “to consult, as may be appropriate, with entities concerned with the promotion and protection of human rights”.

Both AICHR and CSos agree that the adoption of the guidelines for engagement of civil society with ASEAN has to be expedited.

the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW).

Mr. Rafendi Djamin, Chairperson and Indonesian Representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR) presented the Commission’s work plan and activities in relation to women, children and migrant worker’s rights. He said that the AICHR will be conducting a thematic study on migration and human rights and will pursue continuous engagements with various stakeholders on women and children’s rights. Regarding coordination between the AICHR and ACWC, Mr. Djamin said that both regional bodies would meet in Bali in December 2011 to further discuss their linkage and collaboration.

offering the perspective of civil society groups, Mr. Ray Paolo Santiago, Acting Secretary-General of the Working Group for an ASEAN Human Rights Mechanism gave a brief background on how the issues of women, children and migrant worker’s rights came to ASEAN’s radar screen. He observed that through critical collaboration among CSos and between CSos and ASEAN governments, a provision on the establishment of human rights bodies was included in the ASEAN Charter, reflecting the seriousness of ASEAN in its vision of building a people-centered ASEAN Community.

Mr. Santiago emphasized that while these regional bodies have already been set up with their own respective terms of Reference and work plans, the policies therein must still be converted into concrete action. However, because these bodies do not have

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AICHR: AHRD to set human rights standards in ASEANto SUPPoRt its mandate to develop a human rights declaration, the ASEAN In-tergovernmental Commission on Human Rights (AICHR), through the government of the Republic of Indonesia, hosted a re-gional seminar on the ASEAN Human Rights Declaration (AHRD) where the participants pushed for an AHRD that is both inspiration-al and adds value to existing international human rights standards. they also asked for consultations by AICHR on the declaration with civil society.

the seminar was held on 2-3 December

18th AICOHR tackles rights of migrant workers, women and childrenthe mandate or function to implement mechanisms for human rights promotion and protection, the best they can do is to give strong recommendations that will compel ASEAN governments to respond with immediate action.

Mr. Santiago said that indeed, ASEAN has progressed over recent years in terms of human rights, but the peoples of ASEAN must ensure that these human rights bodies do not merely create spaces and platforms but follow through on their initiatives. ASEAN should not only establish bodies and create instruments, it should empower its people to have a stake in and access to these mechanisms.

the ASEAN-Institute of Strategic and International Studies is composed of a group of leading strategic studies institutes from across the ASEAN region. one of its flagship programs, the ASEAN-ISIS Colloquium on Human Rights, was established in 1993.

2011 in Bali, Indonesia with participants from the AICHR, the Drafting Group for the AHRD, the ASEAN Secretariat, the Working Group for an ASEAN Human Rights Mecha-nism, the United Nations Development Pro-gramme, office of the High Commissioner on Human Rights(oHCHR), UN Women, and the office of the UN High Commissioner for Refugees. the seminar was supported by the UNDP and oHCHR.

Welcoming the participants, H.E. Mr. Rafendi Djamin, Indonesian Representa-tive to the AICHR, noted the desire of civil

From L to R: H.E. Mr. Rafendi Djamin of AICHR, Dr. Carolina Hernandez of the Institute for Strategic and Development Studies, Mr. Ray Paolo Santiago of the Working Group and Ms. trinh thi thu Huyen of the Diplomatic Academy of vietnam respond to questions on the capacity of regional human rights mechanisms to promote and protect the rights of women, children and migrant workers.

society to have more formal, inclusive and institutional engagements with AICHR. He also said that with the AHRD, AICHR is moving towards standard-setting by laying the foundation for future regional human rights-related declarations and conven-tions.

Dr. Homayoun Alizadeh, Regional Representative for Southeast Asia of the oHCHR, said that the Human Rights Decla-ration can bolster the priorities of ASEAN countries and ensure that human rights promotion and protection are at the core of every government policy and program.

Experts from the Inter-American Com-mission on Human Rights, the African Commission on Human and People’s Rights, and the Southeast Asian region gave seminar participants a close-up view of the experiences of other regions in developing their own human rights in-stitutions and documents, to help them contextualize the evolution of human rights in ASEAN.

While the participants recognized that the AHRD will take into account national and regional pecularities, they urged both AICHR and the Drafting Group assisting it to uphold international human rights prin-ciples and add value to them.

Participants at the Regional Seminar on the AHRD recognize the importance of civil society engagement in discussions related to the Human Rights Declaration.

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ASEM Seminar recommends three-level approach to human rights promotion and protectionPARtICIPANtS IN the 11th Informal Asia-Europe Meeting (ASEM) Seminar on Human Rights held on 23-25 November 2011 in Prague, the Czech Republic, recommended a three-level approach to human rights pro-motion and protection. on the regional and national levels, the seminar recommended the creation of human rights complaints-handling mechanisms as a driver for social change, particularly when traditional sys-tems are weak or susceptible to corruption; the continuing organic development of hu-man rights in law and jurisprudence, taking into account contemporary human rights challenges; and education, awareness-building and dialogue, including the development of specific programs for publ ic off icers on human r ights, the system of human rights protection, and the role of human rights defenders who are vulnerable to attack and reprisals.

the par t ic ipants emphasized the complementarity and coherence of the national, regional and international hu-man rights systems. though the different systems have added value in their own right, the fragmentation of human rights standards must be avoided. the partici-pants further stressed the significance of credible human rights institutions that

are visible, transparent and ac-countable.

In coming up with the rec-ommendations, the participants broke into four working groups to discuss national human rights mechanisms, regional human rights mechanisms, procedural effectiveness of regional human rights mechanisms, and multi-level architecture of human rights mechanisms. they addressed cross-cutting questions and is-sues that included the promotion of the principles of universality, in-alienability and interdependence of human rights; the impact on human rights of the economic, political and societal changes in the last 30 years; and the relevance of human rights mechanisms to the right to development.

Atty. Ray Paolo Santiago, the Acting Secre-tary-General of Working Group for an ASEAN Human Rights Mechanism was a working group rapporteur for the seminar. He ob-served, “the exchanges between the Asian, particularly those from ASEAN, and European participants gave a glimpse of the challenges and opportunities for human rights promo-tion and protection in the different regions.

there is a lot to learn from the experience and background of both regions, especially at a time when we are enhancing the capabilities of the ASEAN Intergovernmental Commission on Human Rights (AICHR).”

the 120 participants included mem-bers of AICHR, representatives of national human rights institutions (NHRIs), human rights ambassadors, representatives of justice and foreign ministries, academics, activists and human rights defenders from Europe and Asia.

tHE ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), is close to completing its work plan two years after its establishment.

With its Rules of Procedure (RoP) finalized, the ACWC is currently focused on formulating a five-year work plan to serve as a roadmap for its priority activities and engagements. Al-though the work plan is still being negotiated, ACWC representatives have agreed on the top priority themes and have identified concrete action points corresponding to each of these thematic issues.

Among the priority issues to be tackled by the Commission during the first five years are:

• Elimination of violence against women and children;

• trafficking in women and children;• Women and children living with and

affected by HIv and AIDS; • Social impact of climate change on

women and children; • Promotion and protection of the rights

of women and children with disabilities; • ASEAN and other instruments related to

the rights of women and children;

• Child protection system: an integrative/comprehensive approach for children in need of social protection;

• the right to quality education, including Early Childhood Care, Development and Education (ECCDE);

• the right of children to participate in all affairs that affect them;

• Women participation in politics and decision making, governance and de-mocracy;

• Strengthening economic rights of wom-en with regard to the feminization of poverty and women’s right to land and property;

• Promoting implementation of gender equality in education (textbooks, cur-ricula and equal access);

• Strengthening institutional capacities of ACWC; and

• Promotion of consultations and dia-logues with stakeholders at the national and regional levels.

During its third meeting on 6-8 September 2011 in Solo, Indonesia, the representatives to the ACWC further discussed how to operation-alize these thematic issues and how to imple-

ment the work plan effectively. the ACWC also took up the poor living environment of women and children in ASEAN.

While its terms of Reference (toR) states that the program and activities of the ACWC shall be funded by ASEAN Member-States, on cost-sharing basis, and by voluntary contribu-tions from ASEAN Member-States, the idea of convening philanthropists, foundations and Corporate Social Responsibility units of corporations to support the improvement of the lives of women and children in ASEAN was considered. this is still in consonance with the toR, which provides that the ACWC may receive funding from other sources.

Although the ACWC is still in its formative stage, representatives to the Commission believe that having established its Rules of Procedure and looking forward to the im-minent completion of its work plan, it will be able to progress faster and move at full speed.

the work plan of the ACWC as well as its in-dicative budget shall be submitted to the ASEAN Ministerial Meeting for Social Welfare and Devel-opment (AMMSWD) for approval. the ACWC was established in April 2010 with two representa-tives from each of the 10 ASEAN Member-States: one representative to focus on women’s rights and the other on children’s rights.

(From L to R): Mr. Ray Paolo Santiago of the Working Group, Mr. Ruben Carranza of the International Center for transitional Justice, Ms. Sol Iglesias of the Asia-Europe Foundation, Mrs. Rosario Manalo of the AICHR, Amb. Carmelita R. Salas of the Philippine Embassy in Czech Republic, Usec. Ibarra Gutierrez of the office of Political Affairs and Ms. Luningning Camoying of the Philippine Embassy in Czech Republic.

ACWC work plan nears completion

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IN AN International Workshop on Sub-Regional Human Rights Mechanisms held in Sonipat, New Delhi on 8-10 December 2011, participants came up with a draft action plan to pursue the establishment of a sub-regional human rights mechanism in South Asia. the draft action plan includes specific steps to be undertaken on the areas of research, knowledge-sharing and capacity-building, and advocacy that will eventually lead to the establishment of a sub-regional human rights mechanism in the region.

the Workshop was devoted to knowl-edge-sharing among countries in South Asian and Southeast Asia on advancing institutional mechanisms for the protection and promotion of human rights and the administration of justice. It was organized and hosted by the Center for Human Rights of the Jindal Global Law School of o.P. Jindal Global University (JGU) in Sonipat, New Delhi, in cooperation with the United Na-tions Development Programme (UNDP) Asia-Pacific Regional Center in Bangkok.

At the workshop, Working Group for an ASEAN Human Rights Mechanism (Work-ing Group) Acting Secretary-General Ray Paolo Santiago shared the experiences of the Working Group in pushing for the establishment of two intergovernmental human rights mechanisms, the ASEAN In-

tergovernmental Commission on Human Rights (AICHR) in 2009 and the ASEAN Commission on the Promotion and Pro-tection of the Rights of Women and Chil-dren (ACWC) in 2010.

Atty. Santiago told the workshop: “the Working Group persistently and consis-tently engaged the ASEAN Member States through a step-by-step, building-block approach and through confidence-build-ing, that having human rights mecha-nisms in the region are in the best interest of the ASEAN peoples.”

the ASEAN Secretar iat presented the organizational structure of ASEAN and how it works towards human rights promotion and protection of the ASEAN peoples, while the Human Rights Working Group–Indonesia discussed the mandate and functions of the ASEAN human rights mechanisms.

In the draft “Sonipat Declaration”, the workshop participants agreed to further engage the governments of the South Asian Association for Regional Cooperation (SAA-RC), strengthen civil society in the SAARC region, learn from the experiences of other regions that have already established their human rights mechanisms, and pursue the agenda of setting up a sub-regional human rights mechanism in SAARC.

Workshop pushes for establishment of a Regional Human Rights Mechanism in SAARC

N E W S F R o M t H E R E G I o N

ACWC holds consultation with CSOs on VAWCoN 18 January 2012, the ASEAN Commis-

sion on the Promotion and Protection of the

Rights of Women and Children (ACWC) held

a dialogue with civil society organizations

from the region on the issue of elimination

of violence against women and children.

Around 40 national and regional civil society

organizations participated in the dialogue

and explored possible areas of collaboration

both at the national and regional levels.

Some issues taken up in the dialogue

include:

• Adopting a Human Rights-Based

Approach in dealing with issues of

vulnerable groups, including mi-

grant workers, indigenous peoples

and victims of violence;

• Conducting capacity building ac-

tivities on reproductive health, as

well as gathering baseline data for

intervention;

• Considering a system-building ap-

proach in prioritizing issues and

establishing a social protection

system for children;

• D o c u m e nt i n g b e s t p ra c t i ce s

around the region and dissemi-

nating information; and

• Reviewing the legal framework and

mechanisms for proper monitor-

ing and addressing challenges on

vAWC.

the ACWC welcomed the inputs made

by the civil society groups and expressed

its appreciation for the positive outcome of

the consultation. “the consultation meeting

and dialogue with NGo and CSos were very

productive. We should continue working to-

gether as the issues of women and children

are in our hearts. We will not meet only once

and this meeting is not the last one,” promised

ACWC Chair Madam Kanda vajrabhaya.

Shashi tharoor, former UN Under-Secretary-General

and former Indian Minister of State for Foreign Affairs,

delivers the keynote address.

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RWG, ICJ host workshop on HR approach to developmentAt A workshop organized by the Working Group for an ASEAN Human Rights Mechanism in partnership with the International Commission of Jurists on the human rights-based approach (HRBA) to development held in Bangkok on 30-31 January 2012, participants from governments and civil society organizations agreed that in the HRBA to development, the process in promoting empowerment and a people-centered perspective is as important as the outcome.

the workshop was attended by more than 70 delegates including representatives from the ASEAN Intergovernmental Commission on Human Rights (AICHR),the ASEAN Ministries of Foreign Affairs, National Human Rights Institutions, the ASEAN Secretariat, the United Nations office of the High Commissioner for Human Rights, the United Nations Development Program, other international development partners, and various regional and national civil society organizations. Participants discussed the crucial link between human rights and development and how this affects the peoples of ASEAN. they recognized that a human rights-based approach to development is essential in building an ASEAN Community that is people-oriented. this approach must thus be implemented both domestically and regionally.

“Implementing a rights-based approach requires [the] understanding of both human rights and development. It is always easier to claim that policies and programs are grounded on a rights-based approach. the most important is not the term, but rather how to implement and where the people are placed in the process,” Dr. Sriprapha Petcharamesree explained in her keynote address.

one of the recommendations developed by the participants is that governments at all levels should consider a rights-based approach in the formulation, implementation and monitoring of all development plans, programs and policies, taking into consideration the active and meaningful participation of the people in the process. Recognizing the need to level off on the understanding of what the human rights-based approach to development is, the body likewise recommended conducting human rights education on the topic for both duty-bearers and rights-holders.

other important recommendations that require urgent attention are: completing the revision of Annex 2 of the ASEAN Charter (List of Entities Associated with ASEAN), expediting the adoption of the guidelines for engagement of civil society with ASEAN, and adopting a transparent process in the drafting of the ASEAN Human Rights Declaration.

the Workshop on Human Rights and Development was a result of the Workshop on Developing National Human Rights Action Plans in ASEAN which was conducted by the Working Group with the Department of Foreign Affairs of the Philippines in November 2010.

Philippine AICHR rep consults CSos on HR declaration

Discussants for the session on Human Rights Framework and Human Rights Based Approach to Development: Mr. Jong-Gil Woo of the Office of the United Nations High Commissioner for Human Rights (left) and Mr. Sudarshan Ramaswamy of UNDP (center). At right is the moderator H.E. Mr. Phoukhong Sisoulath of Lao PDR.

oN 9 SEPtEMBER 2011, the Philippine Working Group for an ASEAN Human Rights Mechanism organized a workshop and public consultation with Ambassador Rosario G. Manalo, the Philippine Representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR) on the latest developments in the drafting of an ASEAN Human Rights Declaration (AHRD).

the dialogue between Ambassador Manalo and civil society groups focused on the essential provisions and principles that ought to be included in the Declaration. Highlighting some of the provisions identified under civil and political, economic and socio-cultural rights, Ambassador Manalo said she shared the perspective of civil society, pointing out that all of these rights are cross-cutting and absolute. “When you say human rights are non-negotiable, you are right. Either you have them or you don’t have them,” Manalo said. However, she added that with these rights come duties and responsibilities which should also be reflected in the Declaration.

Apart from the exchange on the AHRD, Ambassador Manalo also gave an update on the recent developments in the AICHR including priority areas of its Five-year Work Plan and thematic studies for 2012 to 2015. She also shared that there is still no definite process for CSo engagement with the AICHR. However, AICHR will be developing guidelines on such engagements after comparative studies and consultations on the matter have been conducted.

In his closing remarks, Mr. Ray Paolo Santiago of the Working Group for an ASEAN Human Rights Mechanism emphasized that CSos and other stakeholders should maximize the opportunities for engagement with AICHR that are available at the moment. they should also continue organizing consultations as platforms for discussions on ASEAN and the effectiveness of its regional human rights bodies.

the workshop and consultation with Ambassador Manalo was the first of its kind in the Philippines since the Drafting Group was convened in July 2011 in vientiane, Lao PDR. the Drafting Group submitted its draft Declaration to the AICHR in January 2012. Negotiations on the text have begun on the AICHR level.

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HR Kapihan in Manila tackles UPRthe Philippine Working Group for an

ASEAN Human Rights Mechanism organized its annual Kapihan on Human Rights with a focus on assessing the government’s responses to the 17 recommendations made by the United Nations Human Rights Council to the government during its first Universal Periodic Review (UPR) in 2008.

the Philippine government will face the UPR in June 2012.

the Universal Periodic Review is a state-driven process which reviews human rights records of UN Member States once every four years. the reviews are based on information provided by the State under review, independent human rights experts and groups and other UN entities, and other stakeholders including non-governmental organizations and national human rights institutions.

Representatives from the Commission on Human Rights of the Philippines, the Presidential Human Rights Committee, the Philippine Commission on Women,

W o R K I N G G R o U P U P D A t E S

In Singapore, MARUAH creates space for ASEAN IN tHE effort to promote ASEAN and what it is doing for the people of the region, MARUAH, the Singapore Working Group for an ASEAN Human Rights Mechanism, recently organized two public forums, in January and March 2012.

MARUAH is a non- gover nmental organization based in Singapore and composed of diverse individuals committed to raising awareness on human rights and social justice issues. As the Singapore Working Group, it provides Singaporeans with regular updates on ASEAN matters through workshops and forums, and monitors activities in the region regarding the drafting of the ASEAN Human Rights Declaration (AHRD).

these activities have been instrumental in raising awareness on the processes and content of the AHRD, and sensitizing more people to the workings of ASEAN and the ASEAN Intergovernmental Commission on Human Rights (AICHR). the results of the first consultation were included in a position paper that was sent to all AICHR representatives on 31 January 2012.

MARUAH celebrated Human Rights Day on 10 December 2011 with Mr. Richard Magnus, Singapore representative to the AICHR, as

special guest. the event featured an open forum where many came forth to talk about human rights and share their experiences. the audience was also treated to a special reading of their works by the winners of a MARUAH project, a Human Rights Day Poetry and Creative Writing Competition where participants from ages 18 to 62 submitted either a poem or a creative essay on the topic,

“What human rights means to me”. MARUAH has also organized forums on

hot issues such as “What’s the Fuss? Why occupy Wall Street?” and “Why the ISA?” which have drawn audiences from different backgrounds. All discussions are grounded in the rights-based approach.

For more details on MARUAH and its events and projects, please go to www.maruah.org.

the Department of Social Welfare and Development, the Department of Interior and Local Government, and the Human Rights office of the Armed Forces of the Philippines shared the programs and projects they have developed relating to the recommendations from the first UPR cycle. Civil society, represented by Philippine Alliance of Human Rights Advocates, one of the biggest human rights networks in the Philippines, responded to the agencies’ reports.

At the end of the forum, the participants agreed that this Kapihan on the Universal Periodic Review was of great importance as it resulted in a greater awareness of the human rights situation in the Philippines on the part of both government and civil society. the forum also served as a reminder on how government and civil society can work as partners in further pursuing a national human rights agenda to better implement the recommendations of the UPR system.

Since 2002, the annual “Kapihan on Human Rights” of the PWG has been a venue where the different branches of government and civil society organizations are given the opportunity to elaborate on their plans and present their assessments of the prevailing human rights situation in the country. It is also designed to bring them together for constructive dialogue and discussion of different human rights related issues.

The Philippine Alliance of Human Rights Advocates (PAHRA) presents its Sampung Aksyon tungo sa tuwid na Daan, a list of actions they hope the administration of Pres. Aquino will consider in its policies and decisions.

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moments. the AICHR and the ACWC have been criticized for being “inadequate” and “lacking in independence”. And in truth, the process of development of these bodies into strong human rights institutions will take much time and effort. But the opportunities for them to grow and become true champions of human rights in ASEAN are there.

It is clear that the goal of the Working Group has yet to be fully accomplished. As long as it has a role to play in strengthening the established ASEAN human rights mechanisms, and until ASEAN becomes truly people-oriented as mandated by its Charter, the Working Group will continue to work with our partners in civil society in helping ASEAN achieve its noble aspirations.

Ray Paolo SantiagoActing Secretary General

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 at:

Editorial Board Carlos P. Medina Jr.Paulynn P. SicamRay Paolo J. SantiagoMaria Patricia Cervantes-PocoMaria Kristina R. Merginio

SecretariatWorking Group for an ASEAN Human Rights MechanismGround Floor, APS Building20 Rockwell Drive, Rockwell CenterMakati City 1200PHILIPPINES

E-mail: [email protected]: (+632) 8993633Fax: (+632) 8994342

I t WA S back in 1993 when ASEAN, through its foreign ministers, f i rs t considered “ the e s t a b l i s h m e n t o f a n appropr iate regional mechanism on human r i g h t s ”. ta k i n g t h e initiative to push for a regional human rights

mechanism in ASEAN, a handful of human rights advocates from the region organized the Working Group for an ASEAN Human Rights Mechanism. With much patience and adopting the “ASEAN Way”, the Working Group met with ASEAN through the foreign ministries, organized regional workshops on human rights in ASEAN Member States, embarked on country visits, exchanged ideas with civil society organizations, and engaged other stakeholders within and outside ASEAN.

In turn, ASEAN engaged the Working Group and other stakeholders in its journey towards the establishment of the ASEAN human rights mechanism. In drafting its Charter, ASEAN met with civil society groups at two stages – when the Eminent Persons Group asked for recommendations, and when the High Level task Force held a dialogue with CSos. ASEAN also engaged and consulted with the Working Group and other segments of civil society when it drafter the terms of Reference that would establish the ASEAN Intergovernmental Commission on Human Rights (AICHR) in 2009 and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) in 2010.

Both the AICHR and ACWC have prepared their respective work plans and these have been approved by ASEAN. And ASEAN is well on its way towards becoming more people-centered. ASEAN now has a much more vibrant civil society, and its Member States are opening up more and more to CSos, albeit with some caution.

Does this mean that the Working Group has achieved its raison d’etre? Has the Working Group reached its goal?

yes and no. Even as these human rights mechanisms are in place and civil society has become more involved in ASEAN, our region is still at a crucial juncture. the advocacy for human rights in ASEAN has been a rollercoaster ride – with notable high points, but also its disappointing low

FROM THE SECRETARY GENERAL’S DESK