ASEAN Human Rights Commission: CHRAC fears it might just be an empty shell
By Duong Sokha, 03-03-2009
Ka-Set
Posted by Chea Sophal
Two days after the closing of the 14th ASEAN summit in Hua Hin, Thailand, the civil society in Cambodia reiterated its concerns about the terms of reference of the future institution in charge of Human rights within the regional organisation of Southeast Asian nations, and questioned “its independence, its accountability and effectiveness”.
On the occasion of a press conference held on Tuesday March 3rd in Phnom Penh, Cambodian Human rights activists first insisted on reasserting their support to the approach adopted by governments of ASEAN country-members, which led to a first draft of the terms of reference of “a Human rights body”, in accordance with Article 14 of the ASEAN Charter ratified by Cambodia on November 20th 2007. But because recommendations made by the civil society were not taken into consideration, Human rights defenders fear this future commission might well resemble an empty shell.
In a joint statement released by the Cambodian Human Rights Action Committee (CHRAC), a coalition of 21 local NGOs, Cambodian activists particularly express their concern over the mode of appointment of the members of the future institution, since “each member State shall appoint a representative with consideration to that persons’ integrity and competence” and should “consult, if required by their respective internal processes, with appropriate stakeholders (including the civil society)”. For Cambodian NGOs in charge of defending Human rights, there is no doubt that some governments will gladly do without the advice issued by civil society activists. Therefore, they urge the Member States of ASEAN to appoint their representative to the Human rights body through transparent process and systematic consulting with members of the civil society.
Besides, Cambodian NGOs for the defence of Human rights point out that members of the Commission, appointed by governments, will be directly accountable to the latter. But “because most Human rights violation cases are committed by government officials or state institutions”, this already calls into question the independence and effectiveness of the Commission, they denounce.
In the light of the first draft of the terms of reference for the ASEAN Human rights body, the future Commission will only be called to play a “purely consultative” part, and will not even be able to “conduct fact finding mission, publish its findings or fulfil a protection mandate”, Human rights activists say.
Thun Saray, president of the Cambodian Human Rights and Development Association (ADHOC), reckons that corrections should be made to these terms of reference and claims he has only had unofficial access to the document thanks to an Internet website . “We want this institution to have real extended powers so as to protect inhabitants from Human rights violations and conduct investigations in prisons”, he said at the press conference on March 3rd.
For his part, his fellow Human rights activist Sok Sam Oeun, coordinator of CHRAC, points an accusing finger at the principle of “consensus” mentioned in the current draft of the terms of reference, which according to him will considerably hinder the efforts made by ASEAN to make sure that Human rights are respected, since decision-making is based on and requires the agreement of all country-members.
The terms of reference of the future Commission are due to be adopted in July 2009 at a meeting between Ministers of Foreign Affairs and ASEAN member states, before the official creation of the body in December 2009, Thun Saray reminded. Until then, the president of ADHOC says he only has little hope that the Cambodian civil society recommendations will be heard.
To download ASEAN Charter, click here
Terms of References of [An ASEAN Human Rights Bordy]-Draft
By Duong Sokha, 03-03-2009
Ka-Set
Posted by Chea Sophal
Two days after the closing of the 14th ASEAN summit in Hua Hin, Thailand, the civil society in Cambodia reiterated its concerns about the terms of reference of the future institution in charge of Human rights within the regional organisation of Southeast Asian nations, and questioned “its independence, its accountability and effectiveness”.
On the occasion of a press conference held on Tuesday March 3rd in Phnom Penh, Cambodian Human rights activists first insisted on reasserting their support to the approach adopted by governments of ASEAN country-members, which led to a first draft of the terms of reference of “a Human rights body”, in accordance with Article 14 of the ASEAN Charter ratified by Cambodia on November 20th 2007. But because recommendations made by the civil society were not taken into consideration, Human rights defenders fear this future commission might well resemble an empty shell.
In a joint statement released by the Cambodian Human Rights Action Committee (CHRAC), a coalition of 21 local NGOs, Cambodian activists particularly express their concern over the mode of appointment of the members of the future institution, since “each member State shall appoint a representative with consideration to that persons’ integrity and competence” and should “consult, if required by their respective internal processes, with appropriate stakeholders (including the civil society)”. For Cambodian NGOs in charge of defending Human rights, there is no doubt that some governments will gladly do without the advice issued by civil society activists. Therefore, they urge the Member States of ASEAN to appoint their representative to the Human rights body through transparent process and systematic consulting with members of the civil society.
Besides, Cambodian NGOs for the defence of Human rights point out that members of the Commission, appointed by governments, will be directly accountable to the latter. But “because most Human rights violation cases are committed by government officials or state institutions”, this already calls into question the independence and effectiveness of the Commission, they denounce.
In the light of the first draft of the terms of reference for the ASEAN Human rights body, the future Commission will only be called to play a “purely consultative” part, and will not even be able to “conduct fact finding mission, publish its findings or fulfil a protection mandate”, Human rights activists say.
Thun Saray, president of the Cambodian Human Rights and Development Association (ADHOC), reckons that corrections should be made to these terms of reference and claims he has only had unofficial access to the document thanks to an Internet website . “We want this institution to have real extended powers so as to protect inhabitants from Human rights violations and conduct investigations in prisons”, he said at the press conference on March 3rd.
For his part, his fellow Human rights activist Sok Sam Oeun, coordinator of CHRAC, points an accusing finger at the principle of “consensus” mentioned in the current draft of the terms of reference, which according to him will considerably hinder the efforts made by ASEAN to make sure that Human rights are respected, since decision-making is based on and requires the agreement of all country-members.
The terms of reference of the future Commission are due to be adopted in July 2009 at a meeting between Ministers of Foreign Affairs and ASEAN member states, before the official creation of the body in December 2009, Thun Saray reminded. Until then, the president of ADHOC says he only has little hope that the Cambodian civil society recommendations will be heard.
To download ASEAN Charter, click here
Terms of References of [An ASEAN Human Rights Bordy]-Draft
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