REPORT - INDONESIAN REPRESENTATIVE TO AICHR PERIODE 2009 - 2012

Jakarta, SEPTEMBER 2012

I. INTRODUCTION• AICHR is a consultative inter-govermental body, responsible for

promotion and protection of human rights in ASEAN. Each AMS shall appoint a Representative who is competence in the field of human rights.

• Article 5.5 of AICHR TOR, each Representative serves a term of three years and may be consecutively re-appointed for only one more term. The term of Indonesian Representative to AICHR will end officially by the end of Oct 2012.

• This responsibility report is addressed for the stakeholders of Indonesian Representative to AICHR

 

II. Meeting AND ACTIVITY Since its inauguration in 2009, AICHR has conducted its Regular

Meetings, Special Meeting, and Meeting on AHRD 10 Regular Meetings and 10 Meeting on AHRD Other Meetings: Meeting with AMM, Dialogue with external

parties, dialogue with ASEAN Sectoral Bodies and Regional CSOs, as well as various seminars/workshops for Capacity Building.

III. IMPLEMENTATION OF AICHR MANDATE AND FUNCTIONSArt. 4 of AICHR TOR, 14 on Mandate and Functions:

1. Develop strategies to promote and protect human rights

2. Develop ASEAN Human Rights Declaration

3. Raise public awareness on human rights

4. Promote capacity building on implementation of international human rights treaties

5. Encourage ratification of human rights treaties

6. Promote implementation of ASEAN human rights instruments

7. Provide advisory role and technical assistance to ASEAN sectoral bodies

The Mandates more for promotional aspect rather than protection. In 2014, AICHR will revise its TOR to strengthen its protection mandate.

IMPLEMENTATION OF AICHR MANDATE AND FUNCTIONS (CONTINUED)

Mandate 1: “Develop Strategies for the Promotion and Protection of Human Rights …”

Adoption of some important documents:1.Program of Activities 2010-2011;2.Five-Year Work Plan 2010-2015 and Priority Programmes and

Annual Budget 2012 ;1.AICHR Work Plan 2013-2015 2.Guidelines on the Operations of the AICHR;3.Rules of Procedures of AICHR’s Fund;4.TOR for the Drafting Group on the ASEAN Human Rights Declaration

IMPLEMENTATION OF AICHR MANDATE AND FUNCTIONS (CONTINUED)

Mandate 2: “To Develop an ASEAN Human Rights Declaration …” •Adoption of TOR of Drafting Group for ASEAN Human Rights Declaration

•Formation of Drafting Group for ASEAN Human Rights Declaration. The Drafting Group has met 6 times since 2011. In Jan 2012, Drafting Group submitted the basic draft of AHRD to AICHR.

•Till date, AICHR has met 10 times to discuss AHRD.

Mandate 3: “To enhance public awareness of human rights …” •At national level, Indonesian Representative has conducted regular dissemination since 2010;

•At regional level, AICHR has organized seminars/workshops in cooperation with external parties such as UN Women, UNHCR, UN Specialized Agencies, Centre UNFPA etc .

IMPLEMENTATION OF AICHR MANDATE AND FUNCTIONS (CONTINUED)Mandate 4: “To Promote Capacity Building for the Effective Implementation of International Human Rights Treaty Obligations …”

•Workshop on “strengthening ASEAN Secretariat support” in Nov 2010. Outcome: options for the development of informational programme for AICHR’s principal assistant to European HR System in Brussels and Strasbourg

Mandate 7: “To Provide Advisory Services and Technical Assistance on Human Rights Matters to ASEAN Sectoral Bodies upon Request”•AHMM (ASEAN Health Minister Meeting) on issue of Mandatory Test of HIV

•SOM-ED (Senior Officer on Education) – HR curriculum for ASEAN University

IMPLEMENTATION OF AICHR MANDATE AND FUNCTION (CONTINUED)

Mandate 8: “To Engage in Dialogue and Consultation with other ASEAN Bodies and Entities associated with ASEAN, including CSOs…”

•Meeting with AMM (ASEAN Foreign Ministers Meeting) annually

•Interface Meeting with ASEAN Secretary General in Dec 2011

•The participation at ASCCO in 2010 and Sept 2011

•First Interface dialogue with ACWC to discuss alignment in 2011

•Consultations with CSOs and ASEAN Sectoral bodies on AHRD during 2012

IMPLEMENTATION OF AICHR MANDATE AND FUNCTION (CONTINUED)

Mandate 9: “To Consult … with other National, Regional and International Institutions …”•Dialogue with european system in May 2011, among others: European Union External Action (EEAS) on HR policy, European Parliament Sub Committee on Human Rights, European Fundamental Rights Agency (Vienna), Council of Europe, Commissioner on Human Rights of Council of Europe, Registrar of European Human Rights Court, OSCE ,special rapporteur of OSCE on freedom of media and on Trafficking in persons.

•Dec 2011: meeting with UNICEF East Asia and Pacific Regional Office; Draft ASEAN – UNICEF Framework of Cooperation.

•Interface Dialogue with Mdm. Navanethem Pillay, UN High Commissioner for Human Rights

IMPLEMENTATION OF AICHR MANDATE AND FUNCTIONS (CONTINUED)

Mandate 12: “To Prepare Studies on Thematic Issues of Human Rights in ASEAN”•Adoption of TOR of Thematic Study on CSR and Human Rights in ASEAN, June 2011

•Adoption of the TOR of Thematic Study on Migration in May 2012

IV. INDONESIAN CHAIRMANSHIP in 2012Achievements:

1. Progress in the development of AICHR programmes for 2012 – 2015

2. In early 2011, started the drafting process of of AHRD

3. To lead dialogue between AICHR and ACWC regarding the alignment

4. To lead dialogues and engagements with stakeholders, to interact with various parties and institutions such as the CPR, European Commission, UNHCR, UNDP, WG for an ASEAN Human Rights Mechanism

5. To raise AICHR’s profile to various regional and international mechanism.

Public dissemination and Consultation

1. Public dissemination at Universitas 11 Maret (UNS) Surakarta, 14 Feb 2011

2. Civil Society Forum, in Pontianak, 18 March 2011

3. Civil Society Forum in Batam, March 2011,

4. Civil Society Forum in Makassar, 2011

5. Workshop on the strengthening civil society strategy for ASEAN advocacy, Jakarta, 31 May 2011;

6. ASEAN Thematic Discussion , Jakarta, 3 March 2011.

Public dissemination and Consultation7. Public dissemination in Sam Ratulangi University, Manado,

20 June 2011;

8. Public Dissemination, UNPAD, Bandung, on 22 July 2011

9. AICHR Consultation Meeting with CSO, 23 June 2011, Jakarta

10. AICHR De-briefing with CSO in Jakarta, 18 August 2011;

11. Public dissemination, UNIMED- Medan, 19 March 2012

12. General Stadium. Universitas Jember, 2 May 2012

13. General Stadium , UBAYA, 14 Jun 2012, Surabaya

CONSULTATION WITH CSOS on AHRD 10 – 12 Feb 2012 in Jogjakarta for western region of Indonesia;

19 – 20 Feb 2012 in Jakarta for central region of Indonesia

27 – 28 Feb 2012 in Makassar for Eastern Region of Indonesia

12 April 2012, Consultation with Women Organisations, Hotel Akmani, Jakarta

First National Consultation, 15 June 2012, Aryaduta, Jakarta

Second National Consultation, 13 August 2012, Aryaduta, Jakarta

V. Challenges• Wide gaps amongst ASEAN nations in implementation of democracy and

human rights;

• More as a political negotiation forum than as a human rights organization;

• The implementation of the principle of non-interference is still too rigid and conservative;

• Feeble independence: membership, accountability, lack of independent funding;

• Weak protection mechanism

• No mandate to conduct investigation and to apply coercive measures,

• How to make an effective alignment with related institutions/sectoral bodies

• How to develop an effective consultation mechanism with other HR institutions and CSOs.

VI. TO BE FOLLOWED UP• The implementation of activities in AICHR 5-Year Work Plan.

• AHRD should be continued by ASEAN Human Rights Convention that cover other specific rights.

• Preparation for the review of AICHR TOR in 2014.

• How to push ASEAN human rights bodies to implement their mandates, particularly those that require participation and dialogues with CSOs

• To ensure coherence and responsive human rights approach and to develop alignment between AICHR, ACWC ACMW, and other ASEAN Sectoral Bodies, as well as with national and international human rights mechanisms

• To push forward ASEAN Human Rights bodies to be able to response human rights issues in the region effectively, e.q. regarding migrant workers issues.

THANK YOUditpolkam.asean@kemlu.go.id

rafendidjamin@gmail.com