In Search of the Rights Track: Evolving a Regional Framework for the Promotion and Protection of Human Rights in the Asia-Pacific Region

2. Objective:
The aim of this discussion paper is to review the activities carried out by the Office of the United Nations High Commissioner for Human Rights (OHCHR) under the Regional Framework for the Promotion and Protection of Human Rights in the Asia-Pacific Region which was propelled by a workshop of Asia-Pacific countries under the auspices of the OHCHR in Tehran in 1998 and developed by subsequent workshops. It is intended to take stock of key developments and to suggest future steps in evolving a regional framework which is effective, relevant, accessible and sustainable. The activities under that Regional Framework were evaluated by this author in 2000, and the current paper will cover primarily activities between 2000 and 2004. The methodology adopted in preparing this paper includes consultation of relevant documents, telephone interviews and other interviews with a broad range of stakeholders including Governments, nongovernmental organizations (NGOs), those linked with national human rights institutions, inter-governmental organizations, OHCHR staff, and experts participants involved in the activities. The views submitted in this paper are the authors personal views, bearing in mind the plurality of sources of information and viewpoints consulted.

3. Background:
In the most immediate sense, it is the national framework/system for the promotion and protection of human rights which interrelates most directly with the lives of the population in all countries. Today the system consists of a variety of mechanisms. The more formal machinery or mechanisms include the national courts system, national human rights commissions, and/or ombudspersons. The nonformal actors include members of civil society, such as NGOs, active media and concerned individuals. Generally, they act as checks-and-balances to ensure equilibrium in the use of State power and to advocate and/or provide redress where there are grievances in relation to the implementation of human rights. Their roles as guardians of human rights vary in scope and content - and the quality of their impact varies according to the context in which they exist.
Since the end of the Second World War, that national protection system has been complemented by the rise of various inter-governmental regional systems to promote and protect human rights. These regional systems are now found in Europe, the Americas and Africa. They are established by regional treaties stipulating key norms and setting up a machinery or mechanisms which range for regional human rights commissions to regional human rights courts. The common feature enjoyed by these regional mechanisms is that they help to review the human rights situation and fill in gaps - in the absence of national remedies or where the national mechanisms are inadequate. In effect, they offer access to justice through pressure for accountability where the national system does not provide the necessary redress.

4. Asia-Pacific Region:
Asia and the Pacific do not yet have an inter-governmental regional human rights machinery parallel to those of the other regions mentioned. This region is perhaps too large and heterogeneous to have such system in a broad and comprehensive sense at present. The political will to set up a regional machinery has also been absent. Yet, there have been initiatives to propel the region to improve the promotion and protection of human rights at least since the 1960s. During that decade, the United Nations (UN) Commission on Human Rights established a study group to consider the possibility of establishing regional human rights commissions in all parts of the globe, impliedly also in the Asia-Pacific region. This was bolstered in 1968 by the Commission's request to the UN Secretary-General to organize regional seminars in those regions where there were no regional human rights commissions - to discuss avenues for their establishment .

The UN General Assembly (UNGA) also began to Iris resolutions on "regional arrangements for the promotion and protection of human rights". For instance, its resolution 32/127 (1977) included this provision:

" 1. Appeals to States in areas where regional arrangements in the field of human rights do not yet exist to consider agreements with a view to the establishment within their respective regions of suitable regional machinery for the promotion and protection of human rights."

This was further supported by the UN Human Rights Commissions resolution 24(XXXIV) (1978). The UNGA resolution 33/167(1978) repeated the call for regional arrangements based on a regional machinery. The call for regional arrangements continued from the 1970s into the 1 98os as per UNGA resolution 34/ 171 (1979), UNGA resolution 35/197(1980) and UNGA resolution 36/1 54 (1981 ).

In the middle of the 1980s, the UNGA began to pass resolutions more specifically on the Asia-Pacific region. For instance, Resolution 41/153 (1986) titled "Regional Arrangements for the Promotion and Protection of Human Rights in the Asian and Pacific Region" called upon States from the region to respond to the call for "regional arrangements". Likewise UNGA resolution 43/140 (1988), UN Human Rights Commission 1989/50(1989), UNGA resolution 45/168 (1990), UN Human Rights Commission resolution 1990/71 (1990), UN Human Rights Commission resolution 1991/28(1991 ), UN Human Rights Commission resolution 1992/40 (1992), UN Human Rights Commission resolution 1993/57 (1993), UN Human Rights Commission resolution 1994/48(1994), UN Human Rights Commission resolution 1995/48(1995), UN Human Rights Commission Resolution 1997/ 45(1997), and UN Human Rights Commission resolution 1998/44(1998) .

Next

Chaninat & Leeds, a Thailand attorney firm has provided support in acquiring materials for the Thailand Law Forum. Bangkok lawyers at Chaninat & Leeds have also assisted with translation of Thai language materials.For any submissions, comments, or questions, e-mail the Thailand Law Forum at: info@thailawforum.com Please read our Disclaimer.