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Lancaster Hotel, Shaw Boulevard , Mandaluyong City
19 October 2009
delivered by
LEILA M. DE LIMA
Chairperson
WELCOME REMARKS
Good morning.
First of all, let me thank all of you, the participants at this meeting, the men and women whose efforts continue to bring to life, the framework for regional cooperation that is the ASEAN NHRI Forum (ANF). All of us have had to devote additional time and energy to this event. For this, and for the work that all of you carry out on a daily basis, we at the Commission on Human Rights of the Philippines (CHRP), thank you and honor you.
We gather here today, members of the National Human Rights Institutions of Indonesia, Malaysia , the Philippines , and Thailand . In my view, this regional gathering eloquently communicates the message that human rights are universal, that they transcend national borders, geographic boundaries, and a diversity of cultures and historical backgrounds. And we further affirm this principle of universality, every time we engage in collaborative action, aimed at protecting not just our own citizens, but also one another’s, as well as those of a wider world.
By serving as a formal network for regional collaboration on human rights, the ANF has played and will continue to play a pivotal role, as we endeavor to further the cause of human dignity, in the Southeast Asian region. And as things develop, as new institutions and instruments continue to emerge, the ASEAN NHRI Forum will assume an even greater importance in the region.
For a long time we advocated, both as individual institutions and as a collective, for the creation of a regional human rights body in Asia . We witnessed how such regional institutions, in Europe , in the Americas , and in Africa , have contributed to the development of human rights jurisprudence, have brought about changes in domestic legal systems, and have in general, made the international machinery for human rights protection, more accessible, more comprehensive, and more robust.
We wanted something similar, if not better, for our own region. This year, what was formed was the ASEAN Inter-Governmental Commission on Human Rights (AICHR). Its launching this month is a significant development. That much is certain. What remains to be seen, however, is whether such an institution will open up avenues for the more meaningful promotion and protection of human rights in Southeast Asia , or whether this body will merely end up a pale shadow of its true potential.
This is one area where the ANF can play a significant role. Our individual institutions embody more than 50 years of combined experience, in the promotion and protection of human rights. The ANF itself possesses experience and expertise on the issues of the trafficking of women and children, migrant workers, economic, social and cultural rights enhancement, combating terrorism while respecting human dignity, and human rights education.
We repeatedly made our position known, as the Terms of Reference of the AICHR were formulated and drafted. We did this because we knew that we had a stake in the establishment of an effective, credible and accessible regional body. For this same reason, we must continue to engage with the AICHR, so that the recommendations we previously submitted, may find themselves introduced, adopted, and applied by the ASEAN, at the soonest possible time.
More specifically, it has been recommended that the four National Human Rights Institutions (NHRIs), create a caucus or special reference group, through which the AICHR, can draw upon the deep well of experience and expertise, of our institutions and the ANF. In my view, such a recommendation, as well as the establishment of other means through which our voices will be heard in the regional body, are tasks which we must carry out.
And as the ANF proceeds to formally engage with the AICHR, the items on our agenda must be ready. What is it exactly that we wish for the AICHR to consider? What priorities and actions will we recommend to the regional body, individually and as a collective? Some form of to-do list must already be in place, so that our institutions can consistently speak with one voice, and thus be more likely to be heard, understood, and heeded.
Throughout this process, we have repeatedly emphasized that the work that NHRIs already carries out, will complement the future efforts of the AICHR. Much groundwork has already been laid by NHRIs, in terms of research and action in relation to thematic and other human rights issues. This accumulated expertise offers a basis for the strengthening of regional human rights standards, and will be especially valuable as we advocate for, and seek to catalyze the creation of an ASEAN convention on human rights, as well as other progressive regional human rights instruments.
Furthermore, in terms of training, the ANF is already in a position to offer seminars, workshops, support information, and assistance in capacity-building, as the AICHR evolves and matures.
In general, we will strive to develop a working relationship with the AICHR, which is characterized by continuous collaboration and partnership, which harnesses our own individual and collective experiences and expertise, and which furthers a regional human rights agenda, that is compatible with, if not a progressive development of, international human rights norms and standards.
The AICHR offers us both promise, as well as the potential for peril. There is here a window of opportunity, to support another human rights institution, in its relative infancy. It is vital, however, that we provide guidance from its very inception, while the cement has not yet set. The challenge is before us, but I am certain that we are up to this task.
Even as we seek engagement with the AICHR, we will also continue to look for ways to improve the ANF, as well as strengthen our participation in other international fora.
Much has already been done by the ANF and its members. Coordinated action was carried out, and collective position papers were submitted, in the ANF’s engagement with ASEAN bodies, such as the High Level Task Force which drafted the ASEAN Charter, and the High Level Panel which prepared the AICHR’s Terms of Reference. Joint action is being taken in relation to our thematic issues. A common ANF website was set up in order to enhance communication within the ANF, and with other stakeholders. And we continue to carry out human rights work, in our own countries and jurisdictions.
Moving forward, however, there is a need to further scrutinize the organizational structure of the ANF. How else can we develop and adapt the shape of our network, in order to achieve greater flexibility, efficiency, and effectiveness?
And on a related note, how effective is the ANF at reaching out to the wider world? Is our collective voice being heard? Does the public at large have knowledge of who we are, what we do, and what we stand for?
We have seen, in the past, how the work of NHRIs has been inadvertently subsumed in the efforts of civil society. While we, of course, value the work carried out by non-governmental organizations, while we affirm their importance, and while we seek to support and collaborate with them, it is also vital that we NHRIs differentiate ourselves, and make clear that we play a different and unique role in society.
This ability to communicate with a distinct voice will be important, as we participate in the discussions on the terms of reference, of an ASEAN Commission on the Promotion and Protection of the Rights of Women and Children.
In terms of other avenues for international engagement, there is also a need to further consolidate our position within the Asia-Pacific Forum (APF), as well as the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC).
What type of working relationship will be crystallized between the ANF and the APF? Will the APF consider the ANF as its sub-regional counterpart in the ASEAN region? And if that is where we are heading, what needs to be done for this to come to pass? How would such an arrangement affect the ANF? Would this affect the ANF’s position with respect to the ICC?
As things stand, the ANF must increase its membership, as well as build up its capacity as an institution. This goes hand in hand with the need to help establish more NHRIs in the ASEAN region, so that we can build an even larger network of national institutions, with even more accumulated expertise, and a wider presence on the ground.
Finally, in relation to capacity building, there is a need to improve on our coordination with the European Commission (EC), in terms of the support the ANF receives from the EC. At present, most of the joint activities of the ANF are funded under the EC project known as, “Enhancing the Role of NHRI’s in the Development of an ASEAN Human Rights Mechanism.” This support is welcome and appreciated, especially in light of the fact that NHRIs tend to lack the funding and resources their mandates require. This funding has allowed the ANF to more comprehensively participate in relevant regional conferences and workshops, as well as undertake more projects and activities.
Moving forward, a second tranche of funding, worth some 400,000 Euros, remains in the pipeline. It is hoped that this will be ready for disbursement by the end of this year. There is a need, however, to improve on our ability to utilize EC funding, in accordance with the guidelines, procedures, and documentation requirements of the European Commission. This additional funding represents an opportunity to further the cause of human rights in the Southeast Asian region. It is incumbent upon all of us to ensure that its potential for good is maximized, by our institutions and the ANF.
Again, we live in changing times, surrounded by potential opportunities as well as pitfalls. We face the prospect of new allies, and the strengthening of old alliances. But at the same time, we must be wary of institutional inertia, political machinations aimed at legitimizing illegal government action, and the decline of human rights protection in countries from all around the region. The situation is both encouraging as well as sobering.
But I believe in our collective ability to adapt to this changing reality, to build on our past successes, improve on our weaknesses, thwart our opponents, and bring about meaningful progress in terms of human rights promotion and protection.
While our progress may at times feel incremental, it is constant. While there may be moments when we find ourselves frustrated, we never doubt that our cause is just, that our principles are true, and that we are on the right side of history. While we may face a formidable array of vested interests and historical injustice, we know that we form part of a similarly formidable alliance, diverse in composition and global in scope, bringing our weight to bear in order to further the cause of human dignity.
We have a long and difficult road ahead of us. Let us continue to walk it alongside each other.