ASEAN
Meeting with the AICHR on ASEAN Human Rights Charter (3 Feb 2010)
The Human Rights Committee (HRC) organised a meeting between Datoโ Sri Muhammad Shafee Abdullah, Malaysiaโs representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the representatives from the Coalition of Malaysian NGOs (COMANGO) on 3 Feb 2010 at the Bar Council premises. The objective of this HRC-led meeting was to explore with Datoโ Sri on how Malaysian civil society could engage constructively with the AICHR at the national- and regional-level.
Representatives of civil society who attended the meeting were from Amnesty International, All Womenโs Action Society (AWAM), Coordination of Action Research on AIDs & Mobility - Asia (CARAM Asia), Empower, HAKAM (Migration Working Group), Positive Malaysian Treatment Access & Advocacy Group (MTAAG+), Pusat Komas, Sisters in Islam, SUARAM and Womenโs Aid Organisation.
The meeting was chaired by the Co-Deputy Chairperson of HRC, Brendan Navin Siva, and it was well attended by COMANGO representatives as well as HRC members, namely Roger Chan (co-Deputy Chairperson of HRC), Saha Deva A Arunasalam, Usha Kulasegaran, H R Dipendra and Khaizan Sharizad bt Abd Razak.
When discussing the ASEAN Human Rights Charter, Datoโ Sri said that he has been tasked with drafting the ASEAN Human Rights Declaration, and this will be discussed at the next AICHR meeting, scheduled to be held in Mar 2010 in Jakarta. He will like to finalise the Charter by the end of 2010.
Datoโ Sri opined that both the public and private sector must be made responsible to enforce human rights and he will propose a paragraph in the Charter making the private sector responsible to do so.
Datoโ Sri informed all those present that the AICHR is the overarching or a dominant institution above other commissions/committees/working groups under ASEAN. He added that commissions, such as the ASEAN Commission on Women and Children, could exist in parallel with the AICHR. The AICHR reports to the foreign ministries of ASEAN members.
When asked whether he represents the views of the Malaysian government at the AICHR, Datoโ Sri emphasised that he neither represents nor defends the Malaysian governmentโs views but he defends the fundamental liberties of the people in ASEAN. Datoโ Sri views himself as an independent commissioner at the AICHR.
Some suggestions made by the COMANGO representatives at the meeting were as follows:
- All human rights-related commissions under ASEAN to be incorporated under the AICHR to streamline the process of inquiry and investigation;
- The power of investigation to be given to the committees and to upgrade the committeesโ status to that of commissions; and
- Institutionalise the engagement between the AICHR and civil society, including civil society in Sabah and Sarawak.
Datoโ Sri replied that human rights-related commissions under ASEAN are aligned under the AICHR. As the Rules of Procedures are in the process of being drafted, Datoโ Sri advised civil society to write to him on issues that need to be raised at the AICHR. He also stated that he will like to meet the representatives of COMANGO as often as once a month to obtain their feedback. He believes that dialogues and feedback are very important to his role and function at the AICHR.
Datoโ Sri also added that prioritisation and consistency in issues and views are important to effectively address and solve human rights issues in ASEAN.
With regards to long-term plans by the AICHR, Datoโ Sri is of the view that one major plan is to work towards an ASEAN International Court of Justice. This will be akin to the European Court of Justice at Luxembourg.
Mail from: Ms. Wahyuningrum (Yuyun)
By: Adilah Ariffin, Executive Officer
When: 7/2/2014
