Part 6 in a series by Marissa Goldfaden as she works her way through “Introduction to minority rights, regional human rights mechanisms, and minority rights advocacy,” a new online course offered to the public free of charge by Minority Rights Group International. The course’s stated objectives are to introduce concepts of minority rights and discrimination, develop awareness and understanding of international and regional mechanisms for minority rights, and improve practical skills in lobbying and advocacy.

By MARISSA GOLDFADEN

Asian human rights mechanisms

The workings of the Association of Southeast Asian Nations (ASEAN)

Founded in 1967, ASEAN is currently comprised of Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Timor Leste has observer status. The purpose of ASEAN is to boost economic growth, social progress and cultural development in the region; and promote regional peace and stability through respect for justice and the rule of law, and adherence to the principles of the United Nations Charter. In 2007, ASEAN adopted its own charter.

Decision-making within ASEAN

Secretariat Implements policy decisions; draws up ‘plans of action’ in collaboration with Senior Officials
Ministerial meetings Amend and endorse plans of action drawn up by the Secretariat
ASEAN Summit The highest decision-making body: gives final approval to plans of action

 

In terms of rights, ASEAN Vision 2020 seeks to create an ASEAN Community by 2020 where “all people enjoy equitable access regardless of gender, race, religion, language or social and cultural background; where civil society is empowered and gives special attention to the disadvantaged, disabled and marginalized; where social justice and the rule of law reign.”

The ASEAN Community is composed of three pillars of cooperation:

  1. ASEAN Political-Security Community (APSC)
  2. ASEAN Economic Community (AEC)
  3. ASEAN Socio-Cultural Community (ASCC)

Asia-Pacific does not have a regional system of treaties, courts, commissions or other institutions to protect and promote human rights. As such, the organization has recently established the following three relevant mechanisms:

  • ASEAN Intergovernmental Commission on Human Rights (AICHR)
    • Though it does not explicitly mention minorities, principle 2.2 of the AICHR’s Terms of Reference underlines respect for non-discrimination.
  • ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)
  • Committee on the Implementation of the ASEAN Declaration on the Promotion and Protection of Migrant Workers (ACMW)

All ASEAN member states have ratified the UN Convention on the Elimination of Discrimination against Women (CEDAW) and Convention on the Rights of the Child (CRC).

ASEAN has also adopted its own declarations relating to women:

  1. Declaration on the Advancement of Women in ASEAN (1988)
  2. Declaration on the Elimination of Violence Against Women in the ASEAN Region (2004) 
  3. ASEAN Declaration Against Trafficking in Persons Particularly Women and Children (2004)

Established in 1985, the South Asian Association for Regional Cooperation (SAARC)’s main goal is to jointly promote social and economic development in Asia. Its current member countries are Bangladesh, Bhutan, Maldives, Nepal, Pakistan, India, Sri Lanka, and Afghanistan.

Created in January 2004, the Technical Committee on Women, Youth and Children is concerned with issues such as the trafficking of women and children within and between countries in the region; increasing women’s participation in politics; and women’s health and education. SAARC adopted a regional Convention on Combating the Crime of Trafficking in Women and Children for Prostitution in January 2002.

Established in 2004, the SAARC Social Charter “incorporates a broad range of goals in areas such as poverty eradication, population stabilization, women’s empowerment, promotion of health and nutrition, and child protection. It also requires member states to formulate a National Plan of Action, or modify any existing one, to implement the provisions of the Charter. It calls on states to enact any plan through a transparent and broad-based participatory process.”

The SAARC Charter does not list promotion of human rights as a goal. SAARC has not adopted any human rights convention or charter. It has not agreed to create any regional institution or mechanism to monitor adherence to, and implementation of, the various UN human rights conventions already signed by its member countries.

Image: therealsingapore.com

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