Sunday, 29 March 2009

No probe powers for ASEAN rights body yet

INQUIRER.net

03/28/2009

MANILA, Philippines—The controversial ASEAN Human Rights Body to be launched this October after the terms of reference for its creation is finished by July will not have investigative powers yet, Ambassador Rosario Manalo, head of the high-level panel preparing the document, told reporters.

As any TOR, the one enabling the creation of the body contains its purposes, principles, mandates, and functions, defining it as consultative and integral to ASEAN and specifying that each member-state send a representative.

But, Manalo said, the body is “evolving” and would not have investigative powers, “not for the moment.”

The diplomat said the TOR has already been presented to the foreign ministers of the ASEAN member-countries and is being revised following their proposals. The creation of the body has been controversial due to the sorry situation of human rights in some ASEAN member-states, particularly Myanmar.

Eventually, she said, the ASEAN Human Rights Body may develop into one investigating possible violations of human rights.

“It is not just there is no political will, there is no capacity to create a court presently. We are still getting acquainted with the idea of human rights. We are beginning to confront human rights issues and internalizing them in our own societies. The TOR is allowing for more evolutionary space,” she said.

Manalo said members of the panel are also preparing the programs of the body for the next five years, focusing on both promotion and protection of human rights.

She said they are also meeting next week in Cambodia to finalize funding of the body to support its operations and activities.

Initially, she said, the member-states will be required to give equivalent annual compulsory contributions, but those who can give more—within and outside ASEAN—will be more than welcome.

In the next five years, this TOR that would create the body will be reviewed.

Manalo said the body would not be retroactive, but “prospective.”

Earlier, Ambassador Alistair MacDonald of the European Commission said he is happy with the developments in the creation of the regional body. He said these developments, culminating with the creation of a body, represent big steps from the original idea of simply creating a human rights mechanism within ASEAN.

ASEAN groups together Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam.

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