Article
Since its establishment in 2009 as part of the ASEAN Regionalism Framework, the AICHR has played a crucial role in advancing human rights in the region. Despite facing criticism, it has withstood significant challenges in the region, including silence of the ASEAN member states on pressing issues such as the Philippines’ “war on drugs” in 2017 and the ongoing crisis in Myanmar and the overall human rights ecosystem in the region.
This essay explores the next agenda for the ASEAN with the perspectives from AICHR.
Introduction
The ASEAN Intergovernmental Commission on Human Rights (AICHR) is 15 years old on October 23, 2024. Established in 2009 as part of the ASEAN Regionalism framework, its primary objective is to promote and protect human rights across Southeast Asia.
Over the past 15 years, the AICHR has embarked on a challenging journey marked by significant achievements, persistent challenges, and a commitment to enhancing human rights standards within a culturally diverse and politically complex region.
The AICHR has played an important role in promoting human rights protection in ASEAN, such as educator, enabler, standard setter, mobilizer, generator, and convener of regional engagement and discussion on human rights in the region.
One of AICHR’s significant achievements was the adoption of the ASEAN Human Rights Declaration (AHRD) in 2012. In November 2019, the AICHR agreed to accept complaints about human rights.
From 2010 to 2023, AICHR has implemented more than 150 activities, including forum, workshop and training aimed at promoting human rights in ASEAN and provide platforms to consult stakeholders on address the issues, such as on misinformation, protecting right to protest and association, preventing torture, business and human rights, the right of migrant workers, among others.
Since July 2021, the AICHR has included human rights debates in its regular sessions. In the same year, the AICHR revived the ASEAN Human Rights Dialogue, that was initially introduced by Indonesia in 2013. Furthermore, in 2023, the ASEAN Leaders on ASEAN Human Rights Dialogue was adopted, and the AICHR conducted a country-learning visit to Bogor, Indonesia.
The AICHR has also engaged civil society organizations, inviting them to its regular meetings and activities, and is currently developing a regional framework on the right to a healthy, clear, and sustainable environment.
However, AICHR is not immune to criticism for not being independent, lacking a protection mandate, and being limited by its consensus decision-making mechanism and the non-interference principle. The latter has been viewed as one of the challenges in addressing human rights violations within the region.
The Principle of Non-Interference complicates efforts to hold governments accountable for human rights abuses and restricts ASEAN’s capacity to take meaningful collective action on human rights issues. ASEAN is perceived as incapable or unwilling to address serious human rights abuses, such as the Rohingya crisis in Myanmar or the extrajudicial killings in the Philippines’ “war on drugs,” which has damaged its reputation as a responsible regional actor.
The evolving human rights landscape presents increasingly complex challenges. For example, while digital transformation offers numerous benefits, it also facilitates human trafficking, cyberbullying, online harassment, hate speech, cybercrime, and disinformation. AICHR must be ready to address these emerging threats.
Hence, AICHR must strengthen existing efforts while exploring new approaches to uphold human rights in the coming decade. Enhancing its role in shaping human rights frameworks within ASEAN will be crucial to ensuring its continued relevance and effectiveness. How can the AICHR improve its performance in promoting the protection of human rights in a region?
Human Rights Ecosystem in ASEAN
It is important to view the AICHR as part of broader political dynamics in the process of regional integration regulated by member states. Therefore, the strength of the AICHR and the extent to which it can make an impact depend primarily on how deeply it is embedded in the overall political regional structure and its contribution to conflict resolution and political transitions.
The exclusion of AICHR from ASEAN’s overall measures in dealing with the Myanmar crisis following the 2021 coup exemplifies the differing positions of ASEAN member states on the AICHR’s role in conflict resolution. Therefore, engaging in the process of developing ASEAN Vision 2045 is crucial for seeting the tone for the future of human rights in ASEAN and the role of the AICHR.
The groundwork for ASEAN’s Post-2025 began early, with the adoption of the Ha Noi Declaration on the ASEAN Community’s Post-2025 Vision at the 37th ASEAN Summit in 2020. The High-Level Task Force on the ASEAN Community's Post-2025 Vision (HLTF-ACV) was established in 2022. This task force, comprising an Eminent Person and a High-Level Representative from each ASEAN Member State, along with the current Secretary-General of ASEAN, aims to create an ASEAN Vision that embodies the ambitions of ASEAN's leaders and people beyond 2025. The HLTF-ACV has convened 16 times, and the most recent meeting was held from July 31 to August 2, 2024, in Melaka, Malaysia.
In 2023, the AICHR chair was invited to attend the 7th Meeting of the High-Level Task Force on ASEAN Community’s Post-2025 Vision (HLTF-ACV) from March 19 to March 20, 2023 in Belitung, Indonesia, to offer vision regarding human rights in ASEAN. The AICHR chair emphasized that in 2045, ASEAN should established a human rights ecosystem, and its roadmap should be included in ASEAN Vision 2045.
A human rights ecosystem refers to a comprehensive framework comprising institutions, legal frameworks, civil society, and community engagement that collectively work towards the promotion and protection of human rights.
At the meeting, the AICHR chair stressed the importance of establishing a human rights ecosystem in ASEAN for four key reasons. First, it is essential to address systemic challenges such as political repression, discrimination, and limited access to justice. A human rights ecosystem would enable collaboration between member states, civil society, and international bodies to create a cohesive regional strategy for tackling these issues.
Second, it would enhance accountability. A lack of accountability for human rights violations remains a significant issue in many ASEAN countries. A well-structured ecosystem would establish mechanisms to hold violators accountable and provide victims with access to justice. By instituting clear reporting and monitoring systems, ASEAN can improve transparency and deter future violations.
Third, promoting human rights awareness and education is vital. An ecosystem that includes educational initiatives and community engagement would empower individuals to understand their rights and advocate for them, fostering a culture of respect for human rights across the region.
Lastly, legal frameworks must be strengthened. A human rights ecosystem would harmonize laws and policies across member states, aligning national legislation with international human rights standards. This alignment is crucial to ensure that all individuals in the region can fully enjoy their rights without discrimination.
Creating a Robust Human Rights Ecosystem in ASEAN
Creating a robust human rights ecosystem in ASEAN requires several key components. First, the AICHR must be empowered with greater authority and resources to investigate violations, monitor compliance, and hold member states accountable. ASEAN member states should enable the AICHR to create a standardized reporting structure that allows for regular assessments of human rights conditions in member countries. These assessments can help policymakers make informed decisions and implement targeted measures to address specific human rights issues.
Equally important is strengthening National Human Rights Institutions (NHRIs). Each ASEAN member state must establish independent and well-resourced NHRIs to effectively carry out their mandates. These institutions can act as essential intermediaries between civil society, governments, and regional bodies, ensuring that human rights remain a priority in national policies. Currently, only six Southeast Asian countries - Indonesia, Malaysia, Thailand, the Philippines, Myanmar, and Timor-Leste – have NHRIs, with varying structures and mandates. Most are aligned with the Paris Principles, which set minimum standards for their independence and effectiveness.
Active engagement with civil society is crucial for the success of a human rights ecosystem in ASEAN. ASEAN must create meaningful opportunities for civil society to participate in decision-making processes, ensuring their voices influence policies. This engagement should include consultations, partnerships, and collaborative initiatives addressing human rights at local, national, and regional levels. Public education and awareness campaigns are also vital to fostering a culture of human rights across the region.
Additionally, establishing a regional human rights court or tribunal would provide a formal mechanism to address grievances and deliver justice to victims. The interpretation of the “human rights body” in Article 14 of the ASEAN Charter can be expanded to include a human rights court. Accordingly, ASEAN member states may discuss the possibility of developing a protocol to establish ASEAN human rights court.
Realizing a human rights ecosystem in ASEAN requires engagement with international organizations such as the United Nations and regional human rights bodies, which can provide ASEAN with technical assistance, resources, and expertise to enhance its human rights ecosystem. Collaborative partnerships can drive the exchange of knowledge and best practices, enabling ASEAN to respond more effectively to evolving human rights concerns.
Moreover, regular and structured dialogue among member states is crucial for fostering mutual understanding and cooperation on human rights issues. ASEAN must prioritize strengthening the ASEAN Human Rights Dialogue, transforming it into a dynamic platform where member states can share their experiences, discuss best practices, and collaborate on addressing shared challenges. Multistakeholder initiatives can also promote transparency and accountability in addressing human rights concerns.
In today’s digital age, technology offers significant opportunities to advance human rights advocacy within ASEAN. The AICHR should fully embrace digital platforms to improve its communication, monitoring, and reporting mechanisms. By leveraging technology, AICHR can facilitate more efficient information sharing, enable real-time reporting of human rights violations, and empower individuals and communities to advocate for their rights.
ASEAN must confront the limitations of its long-standing non-interference policy, particularly when human rights violations are at stake. While this principle has been pivotal in maintaining regional stability and respect for sovereignty during ASEAN’s formative years, there is a growing consensus that it is no longer sufficient in light of ASEAN’s evolving human rights commitments.
ASEAN must adopt a more nuanced and flexible interpretation of non-interference that allows for collective intervention in extreme cases, such as genocide, the use of sexual violence as a weapon of war, forced child labor, the recruitment of child soldiers, human trafficking, and the suppression of religious freedoms.
However, the true barrier lies in the political will of ASEAN member states. Without a collective commitment to prioritize human rights over narrow national interests, the principle of non-interference will continue to be used as a shield for inaction. Therefore, the crux of reforming ASEAN’s human rights approach rests not merely on policy shifts but on the willingness of its leaders to act decisively in defense of human dignity.
Conclusion
The 15-year existence of AICHR has highlighted the need for a comprehensive human rights ecosystem in ASEAN. Such an ecosystem would significantly enhance the region’s ability to protect human rights by addressing systemic issues, strengthening accountability, raising public awareness, and improving legal frameworks. To achieve this, the critical components of the ecosystem – regional mechanisms, national institutions, civil society involvement, public education, and effective monitoring systems – must be developed and reinforced.
However, the establishment of this ecosystem hinges on the political will and commitment of ASEAN member states. Only through genuine efforts to enhance regional cooperation, foster meaningful dialogue, support multistakeholder initiatives, and embrace technological innovations can ASEAN make substantial progress in protecting human rights. As the region moves forward, building a robust human rights ecosystem is essential to ensuring that all citizens can fully exercise their rights and live with dignity.
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Yuyun Wahyuningrum is Indonesian Representative of Indonesia to ASEAN Intergovernmental Commission on Human Rights (AICHR) (2019-2021, 2022-2024), PhD. Researcher at ISS-Erasmus University, The Hague.
Disclaimer: This published work was prepared with the support of the Heinrich Böll Stiftung. The views and analysis contained in the work are those of the author and do not necessarily represent the views of the foundation. The author is responsible for any liability claims against copyright breaches of graphics, photograph, images, audio, and text used.
