06 May 2010

DR. DONALD TAMBUNAN ASEAN Secretariat 70 A, Jl. Sisingamangaraja Jakarta, Indonesia Dear Dr. Tambunan, We are womens rights organizations and advocates from the Philippines who recognize that engaging with the AICHR and other ASEAN structures will have to be an integral aspect of our human rights work. Human rights issues faced by marginalized sectors, many of whom we work with, can be rooted to diverse factors, internal and external to our country. These issues have transboundary dimensions, and are increasingly growing complex in a globalizing world. In these conditions, greater challenges for the protection and promotion of human rights are surfacing, especially where women are concerned. Moreover, as the Philippines and other Member-states move toward the establishment of an ASEAN community by 2015, voices of the peoples, of which civil society groups and advocates like us are part, should be heard in order to benefit the work and responsiveness of the AICHR. The Heads of State/Government of ASEAN Member States in the Cha-Am Hua Hin Declaration on the Intergovernmental Commission on Human Rights. (para 6.) have themselves encouraged stakeholders to continue engagement and dialogue with the AICHR. In this light, we, as stakeholders and citizens, deem it important to have a sustained engagement and dialogue with the AICHR in its evolution into the key human rights body that the peoples of Southeast Asia envision it to be. Our recommendations for the AICHRs Rules of Procedure can be starting points for a dialogue on the operationalization of AICHRs role and mandate towards realization of such a vision. These were developed from initiatives of womens organizations and womens rights advocates from different fields of specialization.

At this point, we would like to mention SAPAs Proposed Rules of Procedure which is complemented by many of our own recommendations. This is a CSO initiative that we endorse and urge the AICHR to also consider. Our specific recommendations (please refer to the attached document) reflect and promote the following key principles: (a) The AICHR shall allow the broad and meaningful participation and representation of civil society groups, peoples and individuals consistent with Member-States vision of a people-centered ASEAN committed to promote and protect human rights and fundamental freedoms (See e.g. Art. I, para 5, ASEAN Charter); (b) It shall be transparent in its functioning and all its processes, Transparency is requisite to the meaningful participation of stakeholders and is an aspect of AICHRs accountability to ASEAN Member states and the peoples of South East Asia; (c) It shall adopt and establish such procedures and mechanisms as necessary to fully exercise its mandate to protect and promote human rights; and, (d) It shall undertake all measures necessary to enhance its role as ASEANs overarching human rights institution. We trust that your office will take on board our recommendations. We will be available to clarify our proposals if needed. In case you have questions or clarifications please feel free to call us at 02-9214389 or email us at womenslegalbureau@yahoo.com.
AICHR Rules of Procedure Philwomen on the ASEAN-AICHR RoP Working Group

Thank you very much for this and other support that you have extended to womens rights groups and advocates in their efforts to advance human rights protection and promotion in the ASEAN.

Sincerely yours, Philwomen on the ASEAN AICHR RoP Working Group: (Sgd.) ELEANOR CONDA Advocate (Sgd.) CLARA RITA PADILLA Engenderights (Sgd.) MELIZEL ASUNCION Institute of Human Rights (Sgd.) MARIVIC RAQUIZA Just Associates Southeast Asia (JASS) (Sgd.) LAISA ALAMIA Nisa Ul Haqq Fi Bangsamoro (Sgd.) NINA SOMERA NGO Forum on the ADB (Sgd.) AMPARO MICIANO Pambansang Koalisyon ng mga Kababaihan sa Kanayunan (National Rural Women Coalition) (Sgd.) ANA MARIA NEMENZO Womanhealth Philippines (Sgd.) MAE BUENAVENTURA (Sgd.) GLENDA LITONG (Sgd.) JELEN PACLARIN Womens Legal and Human Rights Bureau (WLB) Encl: As stated.

AICHR Rules of Procedure Philwomen on the ASEAN-AICHR RoP Working Group

RECOMMENDATIONS ON AICHRS RULES OF PROCEDURE (RoP)

Guiding Principles and Standards The AICHR shall in the fulfillment of its mandate and functions: 1. Affirm the principles of inclusion, substantive equality and non-discrimination and civil society participation and representation among others. 2. Affirm that transparency and access to information of stakeholders are key to meaningful dialogue and consultation. Corollarily, peoples who are informed are the ones able to contribute meaningfully to the building of the ASEAN community. 3. Provide that when warranted in the course of performing its functions, the AICHR shall harmonize its Purposes and Principles and operationalize and interpret its Terms of Reference (ToR) in a manner as to afford the greatest protection and promotion of human rights of peoples and individuals. 4. Ensure that in evolving human rights norms and standards in ASEAN, the foundation shall be international human rights norms and standards and generally accepted principles of international law. 5. Ensure that the ASEAN human rights declaration is adhered to and adopted by other sectoral bodies dealing with human rights, including the economic, political, socio-cultural and other aspects of ASEAN for human rights cooperation. 6. Consider as paramount the security and protection of the rights and well-being of groups and individuals who access its procedures or cooperate in the performance of AICHRs work, adopting preventive, precautionary and other measures to ensure this and giving due regard to exigencies of a situation and factors such as gender, ethnicity, language, and so on. Meaningful Civil Society Participation and Representation Mandate and Function 1. The AICHR shall institutionalize broad and regular consultation and dialogue with civil society groups, especially the marginalized sectors, at the national and regional levels, in the conduct of its specific functions and mandate, such as the following: (a) Development of strategies (para 4.1) (b) Development of an ASEAN Human Rights Declaration (para 4.2) The ASEAN Human Rights Declaration shall be evolved through an open, transparent and consultative process with stakeholders. The Declaration shall be consistent with the highest possible legal standards on human rights and positive development in international law and provide for mechanism for impact assessment and review. It shall likewise provide for adherence thereto by Member-States and ASEAN communities.
AICHR Rules of Procedure Philwomen on the ASEAN-AICHR RoP Working Group

(c) Human rights-related public awareness raising activities like education, research and public information dissemination (para 4.3) (d) Capacity-building for the effective implementation by Member States of international human rights obligations (para 4.4.) (e) Promotion of the full implementation of ASEAN instruments related to human rights (para 4.6) (f) Obtaining information on the promotion and protection of human rights (4.10) (g) Development of common approaches and positions on human rights (4.11) (h) Preparation of studies on thematic issues of human rights 2. In the performance of its general functions and review of its Terms of Reference (ToR), the AICHR shall also institutionalize broad and regular consultation and dialogue with civil society groups especially the marginalized sectors, at the national and regional levels, in the conduct of the following inter alia: (a) Development of work plan and setting of priorities, and the monitoring and assessment thereof (b) Preparation of annual and other reports ( para 4.13) (c) Agenda-setting of the AICHRs regular and special meetings (d) In the review mechanism (under paras 9.6 and 9.7, ToR), particularly (1) public reporting on which provisions are being sought to be amended, (2) disclosing the rationale for the proposed amendment, (3) accepting comments from stakeholders and civil society on the proposed amendments and (4) public reporting on the actions and decisions taken on the proposed amendments 3. The AICHR shall perform its general and specific functions as described in the foregoing, providing adequate resources thereto. (para 8, ToR)

Transparency to Stakeholders Public Information 1. Access to information is vital to enhancing public awareness of human rights among peoples of ASEAN (para 4.3, ToR) and it is likewise a necessary precondition for meaningful civil society participation. In line with this, the AICHR shall among others, maintain a website dedicated to it which shall feature and contain information such as: a. Declarations and conventions on human rights approved and ratified by ASEAN member states b. Annual reports c. Summary of decision points taken by the body d. Thematic issues/studies e. Stakeholder reports and information or reports from ASEAN member states and other ASEAN bodies submitted to the body for consideration f. Agenda of the AICHR regular and special meetings g. Formal request for amendments to the ToR submitted by ASEAN member states h. Quarter and annual calendar of activities and, i. Suggestion or comment page
AICHR Rules of Procedure Philwomen on the ASEAN-AICHR RoP Working Group

2. In line with the information obtained from ASEAN members on the promotion and protection of human rights, the set of information shall include reports from civil society organizations and stakeholders in ASEAN member states. (para 4.10, ToR), Modality The annual and other reports of the AICHR shall contain, inter alia, a. An identification of the urgent and immediate human rights issues in the region b. Actions and decisions taken by the body and progress in the implementation of its work plans and activities c. Civil society reports and information from ASEAN member states on the human rights situation in their respective countries and/or other cross-cutting human rights issues in the region d. Progress of accession to and ratification of international human rights instruments and implementation of relevant action plans of Member states; The annual report shall be available in the AICHR website within a specified period (e.g., 15 days) after approval thereof by the ASEAN Foreign Ministers. Strengthened AICHR to promote and protect human rights Mandate and Functions 1. On building the ASEAN com munity (para 4.1, ToR) The AICHR shall, inter alia, (a) Formulate and promote guidelines, in consultation with Member States and ASEAN sectoral and other bodies. That can consider when they develop and implement ASEAN community-building-related policies, programs, agreements or other initiatives at the regional and country levels. These guidelines shall aim towards safeguarding and advancing human rights; (b) Conduct collaborative human rights assessments of these policies and measures and make recommendations to enhance their contribution to the human rights agenda of ASEAN; (c) Establish an accessible and effective mechanism to receive information on the human rights impact of these initiatives such as reports from peoples and individuals whose rights and interests were prejudiced thereby. The AICHR shall make recommendations to the concerned Member States and ASEAN bodies based on these information and complaints. 2. Capacity building (para 4.4, ToR) The AICHR shall, in cooperation with member States and other concerned institutions, develop and implement a capacity building plan (a) whose framework and content reflect the full range of human rights obligations of Member States and are consistent with international legal standards and positive developments in international law;
AICHR Rules of Procedure Philwomen on the ASEAN-AICHR RoP Working Group

(b) that sets clear objectives and timelines; (c) provides for institutionalization and sustainability in ASEAN Member States; and (d) integrates a mechanism to monitor progress and impact thereof. 3. International human rights treaty accession and ratification (para 4.5, ToR) The AICHR shall: (a) hold consultations with concerned Member States to identify barriers and concerns and to develop concrete steps with specific timelines for these States accession to and ratification of international human rights instruments; and (b)monitor progress made of Member States in this regard, and include a report in its annual or other regular reports. 4. Full implementation of ASEAN human rights instruments (para4.6, ToR) The AICHR, in cooperation with Member States and concerned institutions, shall inter alia (a) conduct baseline studies and make concrete recommendations to promote full implementation of ASEAN human rights-related instruments by Member States; (b) provide support for the preparation and implementation of action plans; (c) establish mechanisms to monitor and assess progress being made, and (d) establish a system to receive information and complaints by groups and individuals related to Member States implementation of these instruments. 5. Provision of advisory services and technical assistance (para 4.7, ToR), The AICHR shall inter alia, (a) hold consultations with ASEAN sectoral bodies to identify and develop tools such as human-rights based guidelines and audits to assist the integration of human rights standards in the functioning and work of those bodies; (b) hold regular consultations with sectoral bodies to identify specific areas requiring AICHRs advisory services and technical assistance to these bodies. 6. Other ASEAN and related structures and stakeholders (para 4.8, ToR) The AICHR shall inter alia, (a) establish a data base on national, regional and international institutions and entities concerned with the promotion and protection of human rights; and
AICHR Rules of Procedure Philwomen on the ASEAN-AICHR RoP Working Group

(b) facilitate exchanges and forums among these institutions and stakeholders on laws and legal frameworks, positive developments and best practices related to human rights; (Note: Please refer to our recommendations under Principles II and V). 7. Obtaining human rights related information (para 4.10, ToR) The AICHR shall inter alia, (a) obtain on regular intervals and adopting standardized formats, information from Member States on the promotion and protection of human rights; and (b) obtain such information from peoples and individuals, civil society groups and other stakeholders. This can be through receipt of communications, conduct of country visits or consultations; and reports by thematic or country rapporteurs or working groups. (c) make recommendations to Member States or other concerned bodies, based on the information obtained and monitor progress of their implementation. 8. Thematic studies (para 4.12, ToR) The AICHR shall: (a) prioritize thematic issues on the basis of inter alia (a) their cross-border nature, (b) prevalence and impact especially on marginalized sectors, and (c) dearth of researches on those issues (b) adopt frameworks and standards for these studies consistent with the principles and standards we recommend under Principle #1 hereof; (c) present distinctly perspectives of and information from sectors concerned;.
AICHR Rules of Procedure Philwomen on the ASEAN-AICHR RoP Working Group

(d) make recommendations to Member States and ASEAN bodies, and monitor progress of their implementation.

Strengthened role as ASEANs overarching human rights institution 1. As the overarching human rights body, AICHR shall review how ASEAN agreements and decisions adhere to internationally accepted principles of human rights, including the implementation of international human rights treaty obligations undertaken by ASEAN member states and the ASEAN Declaration on the Elimination of VAW (Paras 4.4 and 4.11, ToR). 2. The AICHR shall hold regular dialogue and meetings with ASEAN sectoral human rights bodies for effective promotion and protection of human rights (Par 4.1, ToR).

3. The AICHR shall coordinate with ASEAN communities in order to provide the latter with advisory services and technical assistance, including in the application of human rights-related tools (Par 4.7,ToR). 4. The Work plan and budget of the AICHR shall identify activities pursuant to the foregoing, providing adequate resources thereto.

##

AICHR Rules of Procedure Philwomen on the ASEAN-AICHR RoP Working Group