Urgent, a regional human rights mechanism

Todung Mulya Lubis, Lawyer, Jakarta

Following a Joint Communique by the ASEAN Ministers in 1993 for the need of the Association of Southeast Asian Nations to consider a regional mechanism for human rights, we have seen almost no significant moves for such an establishment.

In a gathering in Hanoi involving ASEAN ministers, half of the ASEAN countries seemed unprepared for the presence of an ASEAN regional mechanism for human rights.

Despite many winding roads, ASEAN has actually reached some progress such as the establishment of national institutions for human rights in five ASEAN countries, namely the Philippines, Thailand, Cambodia, Malaysia and Indonesia.

The institutions have boosted the internal and regional atmosphere of human rights as we have not encountered any flat rejections of these bodies within their own countries; though pressure from civil society for those bodies is still essential.

The question that remains unanswered until today concerns the format, structure and authority of the regional mechanism of human rights. Will it simultaneously be responsible for a Regional Commission for Human Rights and Supreme Court for Human Rights? Will it be engaged only in the confidence building process through the establishment of a Group of Eminent Persons?

Even if we assume that a Regional Commission on Human Rights would be established, how much authority will be accorded to such a Commission? The Commission may have to be authorized to conduct investigations and compile subsequent reports. In the absence of satisfactory legal proceedings adopted nationally, such a Commission must be authorized to recommend what kinds of legal measures should be taken by the respective countries.

Here lies the human rights issues that for the ASEAN internal and regional conditions may apply. First, the issue of migrant workers. We are aware that migrant workers pose many issues and they involve cross-border movements. Such issues cannot be resolved at the national level only as it occasionally requires a regional decision. Within the context of ASEAN Free Trade area this issue will become more serious.

Second, the issue of women, either regarding trafficking in women or protection of female workers. Nearly all ASEAN countries have ratified the UN Convention to end discrimination against women. Though on the surface these issues do not seem to relate to politics, internally the issues are rather complicated.

Third, the issue of child protection. Child protection is not an overly sensitive issue in many ASEAN countries that have ratified the Convention on the Rights of the Child. More recently, the issue has become more critical as a result of child smuggling and child prostitution. We have even witnessed that numerous children have become the victims of internal armed conflicts in places such as Aceh, Papua, Mindanao and Myanmar.

Fourth, the terrorism issue in the aftermath of Sept. 11. The United States and its allies have suspected that some ASEAN countries are a part of the international ring of terrorism, and their indictment is not by no means baseless. A series of terrorist acts in the Philippines and Indonesia, though not necessarily connected with international terrorism, signal that ASEAN must be extra cautious in dealing with terrorism.

The four issues would be a good impetus if they become the focus of a regional mechanism of human rights. At first the mechanism would not have to deal with the issues related to political rights, civil liberty, press freedom and crimes against humanity. Let this regional mechanism develop gradually in line with the enhancement of political awareness and tact within the ASEAN communities.

Nevertheless, such regional mechanisms may be assigned with the drafting of the documents required for the regional human rights that in the future could serve as the umbrella document for its human rights struggles; ideally, like an "ASEAN Charter of Human Rights".

However, its substance must be in line with universal norms as contained in various instruments of international human rights. Hopefully, this regional mechanism would promote a network among members of the national human rights bodies and become more significant.

And in turn, if such a regional mechanism is able to build up a common perception platform, the next task is to push the ASEAN countries to start ratifying the main instruments of human rights. Accordingly, this regional mechanism of human rights will simultaneously serve as the educational means to foster human right awareness.

The above is condensed from the writer's presentation at a workshop on the ASEAN Regional Mechanism on Human Rights, which took place from June 13 to June 15 in Manila.