Thailand Law Journal 2007 Fall Issue 1 Volume 10

IN SEARCH OF THE RIGHTS TRACK: Evolving a Regional Framework forthe Promotion and Protection of Human Rights in the Asia-Pacific Region*

Vitit Muntarbhorn**

1. EXECUTIVE SUMMARY

To date, there has been gradual progress in evolving a regional framework for the promotion and protection of human rights in the Asia-Pacific region, although not to the extent of witnessing the setting up of a regional machinery in the form of a regional Commission or Court on human rights to review the human rights situation and to provide redress where the national setting is unable or unwilling to deliver justice. In particular, progress has been seen through the evolution of three tracks.

The first track is that under the umbrella of the Office of the United Nations High Commissioner for Human Rights (OHCHR), in 1998 Governments of the Asia-Pacific region adopted a framework for technical cooperation at the regional level at a governmental workshop in Tehran - known as the Tehran Framework - based upon a step-by-step approach with four "building blocks" or "pillars" to develop:

         - national human rights institutions, such as national human rights commissions,

         - national human rights action plans;

         - human rights education ;

         - the realization of economic, social and cultural rights and the right to development.

The first phase of that framework was of two years' duration and it has been extended by subsequent two-year plans of action as a result of various Asia­Pacific workshops: Beijing (2000), Beirut (2002), and Doha (2004). There have been annual workshops and other activities , such as inter-sessional/sub-regional workshops, to promote implementation of these pillars with Asia-Pacific Govern­ments. The next annual workshop will take place in Beijing in 2005.

Second, there are at least four sub-regions of note which have various inter­governmental organizations which could be instrumental in promoting and protect­ing human rights : West Asia, particularly its link with the League of Arab States ("Arab League"), South Asia, particularly its link with the South Asian Association for Regional Cooperation (SAARC), South-east Asia , particularly its link with the Association of Southeast Asian Nations (ASEAN), and the Pacific region, particu­larly its link with the Pacific Islands Forum. Some have begun to have initiatives for sub-regional arrangements on human rights.

Third, the presence of the OHCHR in the Asia-Pacific region has expanded at the field level. This provides possibly a nascent machinery to promote and protect human rights through the presence of the OHCHR, in cooperation with the rest of the United Nations (UN) family through the UN country team(s) (UNCT); it may offer a complementary system at least to advocate redress where there is a lack of or inadequacy of the national protection system.

In view of the above, the quest for an effective regional framework for the promotion and protection of human rights in the Asia-Pacific region should follow these steps in the regions voyage of self-discovery:

                  1) invite sub-regional organizations from the Asia-Pacific region (particularly the Arab League, SAARC, ASEAN and Pacific Islands Forum) which are now exploring human rights initiatives to join the forthcoming Asia-Pacific Workshop to be held in Beijing (2005) and network accordingly; before participating in the plenary with Asia­Pacific Governments at the Workshop, they should meet in a pre-sessional workshop of their own to share their experiences and coordinate with the OHCHR to discuss avenues for mutual engagement, possibly leading to Memoranda of Understanding to propel cooperation and bearing in mind the theme to be addressed at the Workshop (i.e. the human trafficking issue chosen for special attention in 2005);

                 2) expand the space for NGOs and national human rights insti­tutions to participate in the Beijing Workshop (preceded by the pre­sessional workshop(s) for these actors which have been taking place at the annual Workshops for the past few years);

                3) move towards a five-year programme for the Asia-Pacific re­gion, supported by the OHCHR and in consultation with a broad range Lives for of stakeholders,

                4) initiate the five-year regional programme with the blessing of a high level ministerial level workshop next year with strong commit­ment to the programme;

                5) ensure that the five-year regional programme integrates and operationalizes the following:

* This article is reproduced with the kind permission of Vitit Muntarbhorn. It was originally published in the 25th anniversary edition of the Chulalongkorn Law Journal.
**  Vitit Muntarbhorn is a Professor at the Faculty of Law, Chulalongkorn University, Bangkok. He has helped the UN in a variety of capacities, including as expert, consultant and Special Rapporteur. This paper was prepared for the OHCHR and presented at the OHC:HR-supported annual workshop on regional cooperation for the promotion and protection of human rights in the Asia-Pacific region, Beijing, 29 August-2 September 2005.