Submission to the AICHR Meeting, 20-24 September, Kuala Lumpur

On the Rules of Procedure of AICHR,

ASEAN Declaration of Human Rights and the Work Plan of AICHR

1. WE represent more than 50 civil society and people’s organizations from Southeast Asian
region participating in the Third Regional Consultation on ASEAN and Human Rights,
organized by the Solidarity for Asian Peoples’ Advocacy Task Force on ASEAN and Human
Rights (SAPA-TF AHR), from 16-18 September in Kuala Lumpur, Malaysia.

2. We wish to express our disappointment on the failure of AICHR to respond to requests

from the SAPA-TFAHR and the Southeast Asian National Human Rights Institution Forum
(SEANF) to meet with their delegations. This failure is in contradiction to the ideal of a
people-oriented ASEAN, as envisioned in Article 13 of the ASEAN Charter, “To promote a
people-oriented ASEAN in which all sectors of society are encouraged to participate in, and
benefit from, the process of ASEAN integration and community building.”

3. We would like to make this submission to the ASEAN Intergovernmental Commission on

Human Rights ahead of its meeting on 20-24 September 2010 in Kuala Lumpur. This
submission concerns the status of AICHR’s Rules of Procedure, its work plan and the
drafting process of the ASEAN Human Rights Declaration.

On the Rules of Procedure of the AICHR

4. We are concerned that after almost a year since its inauguration, the AICHR has yet to
adopt a set of rules of procedure. The presence of the rules of procedure is important to
determine how the AICHR will carry out its work and lay out its relations with other parties.
However, we reiterate that the absence of the rules of procedure should not stop AICHR
from meeting with civil society organizations and other stakeholders who wish to provide
input and recommendations on the rules of procedure of AICHR and other related matters.
We urge AICHR to adopt as soon as possible, procedures which will enable it to work
effectively for the protection and promotion of human rights in ASEAN in accordance with
international law and standards.

5. The rules of procedure should also provide space for dialogue and engagement with civil
society as stipulated in the Terms of Reference, Article 4.8 and modalities on consultation
with civil society on the work of AICHR as stipulated in Article 4.9 of the Terms of
Reference.

6. The rules of procedure should acknowledge the existence of different stakeholders on the
protection and promotion of human rights in ASEAN region, including civil society
organizations, people’s organizations and the national human rights institutions.

7. We strongly urge the AICHR to consider the proposal submitted by the SAPA Task Force on
ASEAN and Human Rights on the rules of procedure of AICHR during the 1st AICHR meeting
in Jakarta, March 2010.
Page 1 of 3 SAPA TF-AHR Submission to AICHR, Sep 2010
 On the Work Plan of AICHR

8. We welcome the adoption of the first workplan of AICHR by the ASEAN Ministerial Meeting
in July 2010. We call upon AICHR to apply fully international human rights standards in
implementing the workplan. For meaningful participation and transparency, we urge AICHR
to inform the public about its planned activities and the progress as stipulated in Article 6.7
of the Terms of Reference that “the AICHR shall keep the public periodically informed of its
work and activities through appropriate public information materials produced by the
AICHR”

9. We urge AICHR to include regular and frequent consultations by commissioners with civil
society in their respective countries in the workplan. Representatives should report back to
AICHR on feedbacks from the stakeholders.

10. The workplan should include a review of human rights situation in each member state.

11. We welcome the decision to embark on a first thematic study by AICHR on the issue of
corporate social responsibility. The terms of reference of this thematic study should
include the objective of examining corporate responsibility in the region and the role of
states in ensuring corporate responsibility. The thematic study should produce
recommendations on ensuring corporate responsibility to human rights, including a legally
binding regional instrument in ASEAN.

12. The workplan should also include thematic studies and other programs addressing the
human rights situation of disadvantaged and marginalized individuals, groups and peoples,
including women, children, the elderly, indigenous peoples, persons with disabilities,
migrants, refugees, homeless and displaced peoples and ethnic minorities, as well as
lesbian, gay, bisexual and transgender people and people in detention. This should include:
a. Conduct of dialogues and meetings with the leaders and representatives of affected
groups to develop effective strategies.
b. Designation of a focal person within the AICHR for each disadvantaged and
marginalized group to address specific issues.
c. Measures to ensure ASEAN states adopt minimum standards for the recognition and
protection of the rights the disadvantaged and marginalized sectors, including
recognition of the collective rights of Indigenous Peoples, as set out by international
human rights instruments.

13. The workplan should allow flexibilities that will enable AICHR to deal with urgent and
serious human rights developments promptly and in a timely manner.

14. In view of the continuing widespread and systematic violations of human rights and
international humanitarian laws in Burma, and the intensification of suppression of
freedom of expression, association and assembly in the run-up to the elections, we call
upon the AICHR to address this appalling situation as a matter of urgency. This should
include obtaining information from the Burmese authorities, under Article 4.10 of the

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 Terms of Reference, on the human rights situation. In particular, information should be
sought on the steps taken to ensure that human rights law and standards are respected
and protected during the election period and beyond, that political prisoners are released
unconditionally, and that systematic violations of the human rights of ethnic nationalities
cease.

On the ASEAN Human Rights Declaration

15. Members of the Task Force that will draft the ASEAN Human Rights Declaration must be
independent, competent and possess the necessary expertise in human rights. External
independent experts working on different fields of human rights should be appointed to
the Task Force to ensure that the universality, indivisibility and interdependence of all
rights, in line with international standards, are safeguarded. The selection of the task force
members should be conducted with participation and consultation of civil society.

16. The Terms of Reference for the Task Force should provide for an inclusive, transparent
process. It should provide for regular consultations with civil society and other
stakeholders at national and regional levels, and publish drafts widely to allow comments
from stakeholders. Experts from inside the region and outside it should also be consulted.

17. The Terms of Reference should ensure that the ASEAN Human Rights Declaration complies
with international human rights laws and standards, in line with AICHR’s obligation under
Article 1.6 of its Terms of Reference, “to uphold international standards as prescribed by
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.”

Kuala Lumpur, 19 September 2010

SAPA Task Force on ASEAN & Human Rights

Page 3 of 3 SAPA TF-AHR Submission to AICHR, Sep 2010