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5. Convergent Tracks?
The three tracks above are not mutually exclusive but can go hand in hand. Behind all the tracks, there is the issue of how best to evolve a regional framework for the promotion and protection of human rights in the Asia-Pacific region in a convergent manner as "the rights track" - given the OHCHR's limited resources and the expanding interest of other UN agencies in relation to human rights. There are some conclusions which may be drawn from the above.

First, the Asia-Pacific regional framework/programming as linked with the OHCHR has shifted from the original intentions of the various UN resolu­tions in the UNGA and the UN Human Rights Commission - to explore "regional arrangements", possibly a regional machinery to review the human rights situ­ation and provide redress where the national setting is unable or unwilling to deliver justice. Currently, the programming is based on "regional cooperation" on the four pillars above - which only answers in a limited manner the ques­tion of the need for a regional machinery to review the human rights situation and provide such redress. Those original intentions need to be revisited, precisely because as in all regions of the globe, national protection systems are rights. never totally adequate whether in the Asia-Pacific region or elsewhere. On a welcome note, currently, there are sub-regional initiatives to revisit those intentions

- not necessarily because of OHCHR impetus but with which the OHCHR could engage more directly.

Second, the actors brought into the annual Asia-Pacific workshops and regional framework have tended to be Governments, with limited access by NGOs and national human rights institutions. Moreover, to date, there has been no systematic engagement with the four sub-regions mentioned earlier, which have nascent human rights initiatives: the Arab Charter and the Arab League, the specific human rights oriented treaties on women and children and SAARC, the newly proposed ASEAN Commission on Women's and Children's Rights and ASEAN, and the potential of a sub-regional machinery with the Pacific Islands Forum

Third, it is timely to reflect on the current regional programming, born of the Tehran Framework, under the OHCHR, with its four pillars, related annual governmental Asia-Pacific workshops and inter-sessional activities, from the angle of how best to strategize so as to make effective use of resources and maximize impact. The pillar which responds most closely to the search for d with "regional arrangements" is the development of national human rights commis­sions with its network under the APF. In future, the other three pillars may be better served through country programming in cooperation with the UNCT rather than OHCHR's link with the Asia-Pacific Framework and related budgeting, pear­ing in mind that the UNCT has more resources than the OHCHR.

Fourth, that Framework has primarily depended on a workshop style of discourse and cooperation. On the constructive side, it has promoted a degree of confidence-building on human rights and dialogue between different coun­tries. Yet, the various workshops have tended to be dialogue at the middle level rather than at the higher-highest political level. For instance, to date, there has not been a ministerial level meeting to ensure full-fledged commitment to re­gional cooperation or regional arrangements. There has also been a tendency to have workshops with little or no evaluation and follow-up, while carry ­through activities have tended to be on an ad hoc project basis rather than a long-term programmatic approach.

Fifth, one innovative element at the most recent annual workshop in Doha was the proposal for the next workshop to be more focused on a theme. The theme chosen for the forthcoming workshop in Beijing will thus be on human trafficking. This thematic approach also invites reflection from the angle of sustainability, avoiding adhocism, and conducive to effective imple­mentation measures, while using the OHCHR's value-added. In this regard, it should not be forgotten that there is already a multitude of workshops, programmes and agencies - national, bilateral and multilateral - working on the trafficking issue in the Asia-Pacific region. A pertinent consideration is that the OHCHR has evolved a set of guidelines on human rights and the trafficking issue, and the forthcoming workshop could be an opportunity to disseminate those guidelines. There is also the challenge of interlinking with the other agencies working on the issue, including the various sub-regional organizations such as SAAC and ASEAN which have already adopted various commitments actions against trafficking.

Sixth, the cycle of activities initiated in Tehran and now in the Doha phase has been based upon two years, while other UN agencies are now plan­ning and working on a five year cycle. The new mindset for regional actions invites a more programmatic approach with a longer time frame, based upon fewer workshops, but more national and regional capacity-building to promote and protect human rights, revisiting the original intentions above: the search for a regional machinery to provide redress where the national setting is unable or unwilling to deliver justice, side by side with the need to build effective national protection systems.


Seventh, the increasing presence of the OHCHR in the Asia-Pacific region is welcome, especially to cover countries where there are key human rights challenges. Yet, there remains the question of how best to ensure that the regional/sub-regional offices and national human rights advisers are well supported to have effective impact, bearing in mind that the OHCHR, in coop­eration with the UNCT, may have to fill in gaps in relation to the promotion and protection of human rights, where the national level does not have the capacity to respond.

Eighth, the UN scenario in the region is changing with more UN agencies yard, it now integrating human rights into their programming both national and regionally. There is the challenge of how to capitalize on the OHCHR's valueadded while ensuring effective sharing of tasks between the UN agencies represented in the UNCT, especially UNDP, to avoid duplication and maximize impact on a sustained basis with effective access to key target groups.



 


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