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Draft of ASEAN Human Right Body

Draft of ASEAN Human Right Body

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Published by: anywhere but nowhere on Feb 28, 2009
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06/10/2010

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Draft TOR - HLP 7As of 15 Jan 09
CONFIDENTIAL
-
Draft –Terms of Reference of [an ASEAN Human Rights Body]
Pursuant to Article 14 of the ASEAN Charter, the AHRB shall operatein accordance with the following Terms of Reference:
1. PURPOSES
The purposes of [the AHRB] are;1.1To promote and protect human rights and fundamentalfreedoms of the peoples of ASEAN;1.2To uphold the right of the peoples of ASEAN to live in peace,dignity and prosperity;1.3To contribute to the realization of the purposes of ASEAN as setout in the ASEAN Charter in order to promote stability andharmony in the region, friendship and cooperation amongASEAN Member States, as well as the well-being, livelihood,welfare and participation of ASEAN peoples in the ASEANCommunity building process;1.4To uphold international human rights standards as prescribedby the Universal Declaration on Human Rights, the ViennaDeclaration and Programme of Action, and international humanrights instruments to which ASEAN Member States are parties;1.5To promote human rights within the regional context, bearing inmind national and regional particularities and mutual respect for different historical, cultural and religious backgrounds, andtaking into account the balance between rights andresponsibilities; and1.6To enhance regional cooperation with a view to complementingnational and international efforts on human rights.
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Draft TOR - HLP 7As of 15 Jan 09
CONFIDENTIAL
2. PRINCIPLES
[The AHRB] shall be guided by the following principles;2.1Respect for principles of ASEAN as embodied in Article 2 of theASEAN Charter, in particular;
a)
respect for the independence, sovereignty, equality,territorial integrity and national identity of all ASEAN Member States
(Art. 2 Para 2 (a));
 b)
non-interference in the internal affairs of ASEAN Member States
(Art. 2 Para 2 (e));
c)
respect for the right of every Member State to lead itsnational existence free from external interference,subversion and coercion
(Art. 2 Para 2 (f))
d)
adherence to the rule of law, good governance, theprinciples of democracy and constitutional government
(Art.2 Para 2 (h));
e)
respect for fundamental freedoms, the promotion andprotection of human rights, and the promotion of social justice
(Art. 2 Para 2 (i));
f)
upholding the Charter of the United Nations andinternational law, including international humanitarian law,subscribed to by ASEAN Member States
(Art. 2 Para 2 (j));
g)
respect for different cultures, languages and religions of thepeoples of ASEAN, while emphasizing their common valuesin the spirit of unity in diversity
(Art. 2 Para 2 (I));
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Draft TOR - HLP 7As of 15 Jan 09
CONFIDENTIAL
2.2Respect international human rights principles, includinguniversality, indivisibility, interdependence and interrelatednessof all human rights and fundamental freedoms, as well asimpartiality, objectivity, non-selectivity, non-discrimination, andavoidance of double standards and politicization;2.3Recognize that the primary responsibility to promote andprotect human rights and fundamental freedoms rests with eachMember State;2.4Recognize that the promotion and protection of human rights ineach Member State should be compatible with the rule of law;2.5Pursue constructive and non-confrontational approach andcooperation to enhance promotion and protection of humanrights; and2.6Adopt an evolutionary approach that would contribute to thedevelopment of human rights norms and standards in ASEAN.
3. CONSULTATIVE INTER-GOVERNMENTAL BODY
The [AHRB] is an inter-governmental body and an integral part of theASEAN organizational structure. It is a consultative body.
4.MANDATE and FUNCTIONS
4.1.To develop a long-term strategy for the promotion andprotection of human rights and fundamental freedoms tocomplement the building of the ASEAN Community;4.2.To promote public awareness of human rights among thepeoples of ASEAN through education, research anddissemination of information;
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