A/HRC/15/39
IV.
Thematic discussions
14.
The second day of the programme was devoted to an in-depth and specialized
discussion on the development of regional human rights mechanisms in Asia and the
Pacific and in other parts of the world. After an overview by Mr. Vitit Muntarbhorn, there
were presentations on the development of AICHR by Ambassador Sihasak Phuangketkeow,
as well as by Ms. Sriprapha Petcharamesree and Mr. Rafendi Djamin, the representatives of
Thailand and Indonesia to AICHR, respectively. The meeting also received positive inputs
from representatives of the Pacific Islands Forum and the Secretariat of the Pacific
Community, as well as insights into South Asian Association for Regional Cooperation
(SAARC) initiatives on women and children, and the development of an OIC independent
commission on human rights. That was followed by expert presentations by the resource
persons on the development of regional human rights systems in Africa, the Americas and
Europe, and some of the common experiences and elements that could be identified from
these systems.
15.
Mr. Muntarbhorn made a presentation entitled “Promotion and protection of human
rights in Asia and the Pacific: re-energising the regional panorama”, outlining the
background of the Asia-Pacific Regional Framework and the current status of initiatives at
the subregional level in developing human rights arrangements. In particular, he
emphasized some of the recent developments, such as the increased ratifications of human
rights treaties by Asia-Pacific countries; the full participation of Asia-Pacific countries in
the universal periodic review process; the greater access for United Nations special
rapporteurs to the region and the expansion of United Nations presences and teamwork on
human rights in the region. The presenter outlined the current status of the ASEAN human
rights system, the Pacific Islands initiatives, the Organization of the Islamic Conference and
SAARC, noting the different forms of regional arrangements that were possible. He
described how regional arrangements in the Asia-Pacific region tended to concentrate more
on cooperation and promotion than on the protection of human rights (such as
investigations, field visits, monitoring and complaints procedures), and that the presence of
the United Nations in the region was important to ensure that there were no protection gaps
left. He emphasized that national, regional and international systems were needed for the
promotion and protection of human rights, and that the different stakeholders involved
needed to link up. He put forward a new concept entitled “universality in diversity” as a
way to characterize the need to balance the universality of human rights with the need to
respect and take into account cultural diversity (and sovereignty) in the region. Against that
backdrop, he asked participants to consider the possibility of adding a review of
regional/subregional mechanisms as either a fifth pillar of the Tehran Framework, or as a
permanent agenda item at the workshops. He ended by stating that there was no substitute
for the effective implementation of human rights at the national level.
16.
The presentation by Ambassador Sihasak Phuangketkeow revealed the steps towards
the creation of the ASEAN Intergovernmental Commission on Human Rights. He informed
participants that the possibility of establishing such a mechanism was first discussed by
ASEAN in 1993, following the conclusion of the 1993 Vienna World Conference on
Human Rights. In 1995, the idea was taken up and kept alive at the non-government level
with the establishment of the Working Group for an ASEAN Human Rights Mechanism,
which was comprised of people with a variety of backgrounds. By 1998, annual meetings
were being held between the Working Group and senior ASEAN government officials to
discuss how the idea of establishing an ASEAN human rights mechanism could be moved
forward. The adoption of the Charter of the Association of Southeast Asian Nations in 2007
marked the beginning of the official intergovernmental process towards the creation of
AICHR, and in 2008, 16 meetings had been held over a 15-month period to negotiate the
terms of reference for the body. AICHR had been inaugurated in October 2009, and had so
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