1. Cooperation among
Human Rights
Mechanisms in the
Promotion and Protection
of Human Rights
Ms. Yuyun Wahyuningrum, Senior Advisor on ASEAN
and Human Rights, HRWGIndonesia, wahyuningrum@gmail.com
Seminar on Human Rights Mechanisms in ASEAN:
Challenges and Ways Forward, 10-11 June

2. “AICHR review offers hope for human rights progress”, Yuyun Wahyuningrum
Published: 22 Feb 2013, Bangkok Post, http://www.bangkokpost.com/opinion/opinion/337131/aichrreview-offers-hope-for-human-rights-progress
Review Indicators based on the 2009’s Hua-Hin Declaration:
#1 - whether AICHR has provided a forward-looking strategy to strengthen regional
cooperation on human rights.
#2 whether AICHR has served as a vehicle for progressive social development and
justice, the full realisation of human dignity and the attainment of a higher quality of life
for ASEAN people.
#3 whether AICHR has received the full support and provision of adequate resources
by ASEAN member states.
#4 whether AICHR has acknowledged the contribution of stakeholders in the promotion
and protection of human rights in ASEAN, and encouraged their continuing
engagement and dialogue.
#5 whether ASEAN has achieved cooperation on human rights to support the evolution
of the body as an overarching institution
The Declaration stipulated that the review should strengthen the mandate and
functions of AICHR to develop mechanisms to protect and promote human rights

3. What TOR say about Human
Rights Cooperation?
AICHR
ACWC
Art. 1.5 To enhance
regional cooperation with
a view to complementing
national and international
efforts on the promotion
and protection of human
rights.
Art. 2.4 To enhance regional
and international cooperation
with a view to
complementing national and
international efforts on the
promotion and protection of
the rights of women and
children.
Art. 4.2 AHRD as a
framework for human
rights cooperation
through various ASEAN
conventions and other
instruments dealing with
human rights
Art. 2.6 To promote stability
and harmony in the region,
friendship and cooperation
among ASEAN Member
States

4. AICHR & ACWC in the last four
years
The creation of AICHR/ACWC is a step towards
cooperation on human rights. It demonstrates
that ASEAN integration is not always about
economic cooperation.
Generate human rights debates in ASEAN
Generate civil society movement on human
rights in ASEAN, both thematic-based or general
issues
Generate interests from other neighbor subregion to establish similar mechanisms
Generate cooperation and dialogue on human
rights between ASEAN and its dialogue partners

5. Human Rights Cooperation:
Forward Looking Strategy & Evolution of AICHR
The necessity for cooperation on human rights may be
driven by the idea of making ASEAN a strong and
cohesive community by 2015
Member States cooperation on human rights
Institutions: Internal (with ASEAN organs) vs External
(with non ASEAN organs)
Formal vs Informal: depending on the degree of
necessity for the cooperation, coordination and joint efforts
– creates room to manoeuver based on the degree of
comfort and trust that the concerned bodies have reached.
Multiple level human rights mechanisms: national,
regional international, culture-based regional mechanism
(OIC)
ASEAN Centrality

6. Standard and Principles
Source: Outcome Document of the Expert meeting on Effective
Alignment among Human Rights Institutions and Mechanisms, 2010
Uphold the principle that all human rights are universal,
indivisible, interdependent and interrelated.
Based on the premise of equality among human rights
bodies regardless of the nature of their mandates being
general or specific to particular rights or groups.
Complementarity and mutuality
Complementarity, especially in the common areas of
concern and the unique roles and authorities of the
respective bodies.
Non-duplication, i.e. petition submission IACHR and
International HR systems
Mutuality: mutual respect and support of each body’s
mandates and functions, and mutual reinforcement of
each body’s roles
Participation or representation, particularly with regard to
vulnerable and marginalized groups, as a key ingredient for
effective cooperation in any human rights system, i.e.
ACHPR, IACHR

7. Level of Cooperation
Source: Outcome Document of the Expert meeting on Effective
Alignment among Human Rights Institutions and Mechanisms, 2010
According to the need
Semi-Intensive
Intensive
could involve
consultations and/or
sharing of information
while decision making is
carried out separately
and independently;
regular meetings for
coordination and
development of informal
guidelines for
cooperation; and/or,
formal requests for
inputs or submissions of
independent reports
could involve the
development of
common procedures,
and/or the designation
of a person or
commissioner in charge
of maintaining
relationships with other
relevant bodies
could involve the
establishment of joint
visits, joint thematic task
forces, special joint
projects and/or joint
monitoring efforts.
i.e. Indonesia’s NHRIs’
cooperation: (1) a
working group to
develop a joint
monitoring of prisons
and detention centers
across the country and
(2) a yearly national
human rights summit

8. Forms of Cooperation
Source: Outcome Document of the Expert meeting on Effective
Alignment among Human Rights Institutions and Mechanisms, 2010
Substantive
Procedural
Administrative
focuses on the substance
of the work and the raison
d’etre of human rights
bodies and institutions:
strategies, work plan,
activities.
i.e. development of informal
guidelines, the issuance of
joint press releases,
engagement with human
rights treaty bodies or
under UPR, coordinated
HR recommendations to
Member States on
fulfillment of their legal
obligations; or,
establishment of
complementary priority
assumes that the
human rights bodies
have collectively
formulated and
adopted the rules of
procedures or
operating guidelines.
common working space
among staff, sharing
technical support, making
optimal use of
information technology,
allocating adequate
budget and other
resources for coordinated
activities, and adopting
streamlined financial
procedures.
• can bring about
additional benefits of
financial savings and
increased efficiency

9. Modes of Cooperation
Source: Outcome Document of the Expert meeting on Effective
Alignment among Human Rights Institutions and Mechanisms, 2010
Informal
informal mechanism to discuss
mutual expectations and develop
informal guidelines for
synchronizing of their respective
work.
Formal
Institutionalized cooperation
• have the advantages of greater
consistency, predictability and
accountability to the
stakeholders and
constituencies within a human
i.e. Regular meetings held at least
rights system.
three times a year between the
• But not always easy
Inter-American Commission on
Human Rights (IACHR) and the
Inter-American Human Rights
Court, for example, has enacted
new rules of procedures in 2010.

10. Scope of Cooperation
1. A system-wide approach rather than narrow scope
of cooperation
which involve carrying out assessment of
decisions, policies, agreements and programs for
their impact on human rights protection and
promotion at the regional and domestic contexts;
recommending human rights integration
strategies; and,
developing appropriate tools to assist the relevant
bodies in integrating human rights standards in
their work.

11. Scope of Cooperation
2. Cooperation to effectively addressing cross-cutting
issues.
Issue-based approaches allow for dynamic
exploration of human rights obligations as they
create opportunities for input from a diversity of
experts, constituency groups within civil
society, and related mandate holders at the
national, regional and international levels.
i.e. Anti-Trafficking. SOM TC is now developing the
ASEAN Convention on anti trafficking, ACWC has
anti-trafficking in its work plan, AICHR has anti
trafficking as one of its priority issues, ACMW is
drafting the instrument on migrant workers, NHRI
has the issue as one of its thematic priorities.
Based on the most accepted recommendation in
UPR (cycle 1)

12. UPR Recommendation to ASEAN countries:
the most accepted and rejected
Most accepted
Most Rejected
Rights of Person
with Disabilities
Corruption
Death Penalty
Freedom of
expression
HRE
Right to food
Asylum seekers
Freedom of
opinion
Emergency
decree
Freedom of
association
Recruitment of
children in armed
conflict
Asylum seekersrefugees
Right to Education National plan of
action on human
rights
Right to Health
Child’s right
Right to housing
Truth and
reconciliation
Poverty
Rome Statue
Trafficking
LGBT
Women’s rights
Special Procedure
on counterterrorism

13. Post-Charter Cooperation with Dialogue
Partners
Area of Cooperation
Plan of Action to Implement
the Joint Declaration on
ASEAN-China Strategic
Partnership for Peace and
Prosperity (2011-2015)
1.6.1 Collaborate on human rights through
regional dialogues, seminars and workshops,
education and awareness raising activities, as
well as exchanges of best practices and other
capacity building initiatives aimed at enhancing
the promotion and protection of human rights
and fundamental freedoms. This includes
supporting the work of the ASEAN
Intergovernmental Commission on Human
Rights (AICHR), which is the first regional
mechanism and overarching institution for the
promotion and protection of human rights in
ASEAN.
ASEAN-European Union:
READI
ASEAN human rights related mechanisms:
AICHR, ACWC, ACMW, ACW
ASEAN-US
ACWC

14. Challenges in Cooperation
Would non-interference policy be the stumbling block for
further cooperation in human rights? -- A scholar argues
that non-interference policy contributes but not sufficient for
the cause of problems in cooperation (Nehginpo Kipgen (2012):
Association of Southeast Asian Nations (ASEAN): Cooperation Problems on
Human Rights, Strategic Analysis, 36:1, 100-111)
The absence of political will is. Given the nature of the
different regime types, human rights is not a priority all
member states
The absence of specific mechanism in ASEAN to bring all
mechanisms together
While the more democratic states attempt to strengthen
ASEAN’s international credibility by improving human
rights conditions and AICHR/ACWC profile, they do not
push to the extent of jeopardizing the existing relationship
between states

15. Thank You!
Terima Kasih!