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FORUM ASEAN Coming of Age: The Birth of the ASEAN Human Rights Declaration (AHRD) Contributed by Nurhalida Dato’ Seri Mohamed Khalil Background AICHR is mandated to promote human safeguards to ensure that the entire rights within the regional context, AHRD is in line with the global The adoption of the ASEAN Human bearing in mind national and regional standards for human rights. Rights Declaration (AHRD) is a particularities and mutual respect signifcant milestone in the arduous for diferent historical, cultural and In that regard, the AHRD clearly journey of ASEAN in the feld of human religious backgrounds, and taking into reafrms the adherence and rights. account the balance between rights commitment of ASEAN to the ASEAN and responsibilities, in line with Article Charter, the Universal Declaration of The willingness on the part of ASEAN 1.4 of its Terms of Reference (TOR). Human Rights (UDHR), the Charter to engage in the human rights of the United Nations and the VDPA discourse was amply displayed in Under the direction of AICHR with as well as other international human 1993, with its active participation the support services of the ASEAN rights instruments to which ASEAN in the World Conference on Human Secretariat, the Drafting Group on the Member States are parties. Rights in Vienna, in 1993. In support AHRD was mandated to formulate the of the Vienna Declaration and Program basic draft of the AHRD in accordance This simply means that the AHRD of Action 1993 (VDPA), ASEAN with the Terms of Reference (TOR) of is not a document that undermines Foreign Ministers adopted a Joint the said Drafting Group. Consequently, such global standards but does in Communique on the occasion of the Drafting Group submitted their fact complement them. In fact, this the 26th ASEAN Ministerial Meeting Final Report together with their basic reiteration of commitment is repeated (AMM), reafrming the commitment of draft AHRD to AICHR in the frst week in every segment of the AHRD such ASEAN to human rights, the respect of January 2012. as the sections on civil and political of fundamental freedoms and aiming rights as well as economic, social and to establish ‘an appropriate regional The ASEAN Foreign Ministers Meeting cultural rights. mechanism on human rights’. (AMM) Retreat on 10 January 2012 in Siem Reap, Cambodia then tasked In sum, the AHRD enhances and ASEAN Communities AICHR to fnalise the draft AHRD by adds value to existing international 2012 and submit regular reports on human rights standards as the AHRD The Association of Southeast Asian the AHRD to the AMM. refects the realities and aspirations of Nations (ASEAN) is a group of ten the communities in this multifarious nations with a combined population The AMM noted that the AHRD is region. of approximately 600 million people, an important political document comprising countries with diferent that should refect the aspirations To exemplify, General Principle No. political systems, diferent degrees of and commitments of ASEAN to the 9 is a vast and all encompassing development and diferent approaches promotion and protection of human added value human rights protection, to human rights. Consequently in 2003, rights, representing a balance of rights granted on the basis of the principles the ASEAN Concord II underlined and duties, echoing universal values of impartiality, objectivity, non- the goal to create three ASEAN while at the same time, taking into selectivity, non-discrimination, non- communities, namely the Political- account ASEAN values and regional confrontation and avoidance of double Security, Economic and Socio-Cultural particularities as well as the national standards. The process to achieve Community whilst the Vientiane Action laws and regulations of each ASEAN this added value protection of human Plan (VAT) of 2004 mentioned human Member State. The AHRD is not rights places the peoples’ interest rights as part of the ASEAN Political- intended to be catch-all document, at the centre by considering their Security Community. but rather one that is comprehensive participation, inclusivity and the need yet succinct. for accountability. Upon the signing of the ASEAN Charter on 20 November 2007, the ASEAN In accordance with its Terms of Article 13 clearly is a value added leaders called for a strengthening of Reference, AICHR completed the provision where, among other ASEAN institutions and the increasing drafting of an ASEAN Human Rights conventional rights against slavery, of formal mechanisms addressing Declaration which was eventually the AHRD declares that smuggling human rights issues. endorsed by the ASEAN leaders on 18 or trafcking in persons, including for November 2012. the purpose of trafcking in human The Drafting Process of AHRD organs, are forbidden. This issue is ASEAN Human Rights Declaration current and was not addressed by the The ASEAN Intergovernmental Com- (AHRD) UDHR. mission on Human Rights (AICHR) was inaugurated on 23 October 2009. The AHRD has placed signifcant In Article 29(2), in relation to 6 bulletin@idfr.gov.my DIPLOMATIC VOICE 7