The ASEAN Human Rights Declaration 2012

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    Abstract

    On 18 November 2012, the Heads of State of the ten-member Association of Southeast Asian Nations (ASEAN) adopted the ASEAN Human Rights Declaration (‘the AHRD’). The AHRD is important for two reasons. First, it clarifies the mandate of the ASEAN Intergovernmental Commission on Human Rights (AICHR). AICHR, Asia’s first regional human rights institution was established in 2009 under Article 14 of the ASEAN Charter. Second, the AHRD is seen as a precursor to a formal treaty for the region, in the same way that the American Declaration of the Rights and Duties of Man preceded the American Convention on Human Rights, and the Universal Declaration of Human Rights (UDHR) preceded the two International Covenants. The drafting process was controversial. Responsibility for creating the Declaration rested with AICHR, whose representatives are not appointed in an independent capacity, but remain ‘accountable to their appointing governments’ and may be replaced at the discretion of their government. The actual drafting was done by a ‘drafting group’ of human rights experts appointed byAICHR. The terms of reference provided to the drafting group were not made public. No drafts of the Declaration were ever officially made public either, although two were leaked to the public during the course of the drafting process. Civil society organisations (CSOs), which had demanded from the outset that the drafting process be transparent and inclusive, were largely excluded from participation. Only two regional consultations were held between AICHR and CSOs, and both occurred when the Declaration was largely completed. Some individual AICHR representatives held national-level consultations with CSOs, but it is difficult to say what effect these consultations had. The UN High Commissioner for Human Rights said of the drafting process, ‘[t]his is not the hallmark of the democratic global governance to which ASEAN aspires, and it will only serve to undermine the respect and ownership that such an important declaration deserves’.
    Original languageEnglish
    Pages (from-to)557-579
    Number of pages23
    JournalHuman Rights Law Review
    Volume13
    Issue number3
    DOIs
    Publication statusPublished - 2013

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