General News
The Asean Human Rights Commission And The UPR
JAKARTAโOctober this year, Malaysia will be participating in the second cycle of the Human Rights Councilโs Universal Periodic Review (UPR). Indonesia and the Philippines took their turn in 2012. Brunei Darussalam, Cambodia, and Vietnam will have it in 2014. Laos and Myanmar will be reviewed in 2015 and Singapore and Thailand are scheduled in 2016.
UPR, which has been applauded of being innovative for its universal coverage, state-driven process, possibility of states to choose the recommendations and voluntary commitments, outlines four avenues for stakeholders, including the Asean Intergovermental Commission on Human Rights (AICHR) to participate in the process. This includes the preparation of the document, which will serve as the basis for the review, the review by the UPR Working group, the adoption of the recommendations and the follow-up to the review.
There are number of potential spaces for participation and cooperation of regional human rights mechanism like AICHR with UPR that need to be explored. In fact, it is unacceptable for both AICHR and the UN for not seizing the opportunity to create a closer collaboration between the two systems and the Asean Member States under review.
The assessment on the UPR reports and recommendations of the ten Asean member countries over its first cycle reveals that statesโ reports mainly concentrated on the implementation of the rights of women and the rights of children, especially on the concerns related to the right to education, work and health.
In their reports, Asean member countries commonly mention poverty and lack of access to education as the reasons why women and children become more vulnerable to human rights violations. Additionally, states blamed patriarchal culture as the huge challenge in overcome the discrimination against women and girls and eliminate women inequality issues.
The reports also uniformly claim that human rights principles of non-discrimination, equality, rule of law, and number of fundamental freedoms have been included in their national constitutions. Nevertheless, Asean countries explained that these principles are subject to restriction based on national security and interest, especially in the case of arrest and detention as well as the death penalty.
Further, Asean countries complain the lack of funding, as it has been the main contributory factor that weakens institutional capacity to harmonize the policies and practices in promoting and protecting human rights.
In the case of migration, most of the states argue that the root of the migration comes from the state of origin and not from the destination and transit country. The receiving countries in Asean called for the sending countries to scrutinize and improve domestic system of migrant workers management. On the issue of human traficking, especially child trafficking, some states say they do not have data available on the issue.
However, Asean member countries notably mention proudly that they have established AICHR and the Asean Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) for the purpose of promoting and protecting human rights in the region.
Other states and international organizations recommended that Asean countries to ratify the core human rights treaties. Secondly is to ask Asean member countries to address the implementation gaps in the issues of equality and non-discrimination, rights to life, liberty and security of religion, administration on justice and rule of law, rights to marriage, freedom of religion or belief, rights to participate in public and political life, rights to work and to just and favourable condition of work, right to social security and to an adequate standard of living, right to education, rights of migrant workers, refugee and asylum seekers, human rights and counter of terrorism, freedom of movement, and minorities and indigenous people.
There are a plenty roles that AICHR can play in UPR process. One isโit can prepare the national report and recommendations for the discussion. AICHR can have bilateral approach as the basis for collaboration between States and body through series of meetings or publishing their submissions. Especially that AICHR can take the momentum to encourage Asean member states to consider acceding and ratifying international human righst instruments as mandated by the Terms of Reference Article 4.5.
AICHR could also help strengthen bilateral relations between reviewing and reviewed countries for effective cooperation in implementing some of the recommendations emanating from the UPR. This would be particularly important when the issues are explitcitly or implicitly relevant to findings and recommendations from AICHR.
By bringing issues relevant to the Asean mechanisms to a fora such as the UPR, States would be reaffirming the important role regional arrangements play in reinforcing universal human rights standards.
AICHR could become a key partner for the UN systems and for the state reviewed, in providing advice on the implementation of the UPR outcome, since the mechanism foresees implementation to be carried out with other relevant stakeholders, such as regional human rights institutions when appropriate.
These approaches would be only possible if AICHR realy can see the UPR as a site of opportunity to evolve the mechanism to ensure a greater protection on human rights in the region. The question is whether AICHR can see it? Or willing to see it that way?.
Additional Information
Country: Africa
Website: http://newsdesk.asia/the-asean-human-rights-commission-and-the-upr/
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Source: Yuyun Wahyuningrum
When: 14/4/2013
