CAMBODIAN CIVIL SOCIETY ON TERMS of REFERENCE OF ASEAN HUMAN RIGHTS BODY

JOINT STATEMENT OF CAMBODIAN CIVIL SOCIETY ON TERMS of REFERENCE OF ASEAN HUMAN RIGHTS BODY

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We, a group of civil society organizations who have watched the process of the establishment of an ASEAN Human Rights Body (AHRB) with great hope and interest, would like to state that we appreciate the efforts made by the different member states of ASEAN in elaborating the Terms of Reference (TOR) of this body. However, after perusing the first draft of the TOR for the establishment of the AHRB, we have significant concerns relating to its independence, accountability and effectiveness.



While there are some provisions in the first draft of TOR that stipulate that “ 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 civil society)”, we remain concerned that many Member States will not follow these provisions. To avoid political appointments and to ensure independence we would like to urge the Member States of ASEAN to appoint their representative to the AHRB through transparent process and consulting with members of civil society.



According to the TOR, each representative of the AHRB shall be accountable to the appointing Government, in this regard, we are therefore concerned that this body will not operate effectively because most human rights violation cases are committed by government officials or state institutions. The AHRB should be accountable to the ASEAN peoples and to the victims of human rights violations instead of being accountable to the respective appointing government only.



We are concerned that the AHRB cannot be effective as its role will be purely consultative, with its only power being to report to ASEAN ministers of foreign affairs. While the AHRB is unable to conduct fact finding mission, publish its findings or fulfill a protection mandate, its effectiveness and impact can only be limited.



We urge the high level panel of ASEAN to review the first draft of the TOR and incorporate the recommendations of regional NGO networks into the TOR before the adoption of finalized TOR at the ASEAN ministerial foreign affairs meeting in July 2009. It is only though adopting this process that we can ensure that the AHRB will be independent, accountable and effective.



“We want an ASEAN Human Rights Commission with teeth”



Phnom Penh, March 3, 2009

Further information, please contact:



Mr. Sok Sam Oeun CHRAC Chairman, Executive Director of CDP,

and CEDAW Vice Chair Tel: 012 901 199

Mr. Thun Saray President of ADHOC Tel: 016 880 509

Ms. Seng Theary Executive Director of CSD Tel: 012 222 522

Mr. Hang Chhaya Executive Director of KID Tel: 012 865 910

Mrs. Say Vathany Executive Director of CWCC Tel: 092 993 358

Mr. Chhith Sam Ath Executive Director of NGO Forum Tel: 012 928 585

Mr. Koul Panha Executive Director of COMFREL Tel: 012 942 017

Mr. Ath Thorn President of C.CAWDU Tel: 012 998 906

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Cambodian Human Rights Action Committee (CHRAC)
Address: # 9E0, St. 330, Sangkat Boeung Keng Kong III,
Khan. Chamcar Morn, Phnom Penh, Cambodia
Tel/Fax: (855) 23 218 759, Tel: (855) 23 301 415, 30 56 09
E-mail: chrac@forum.org.kh or chracsecretariat@yahoo.com
Web: http://www.chrac.org