The Foreign Ministry’s director general of ASEAN affairs, Jose Tavares, said the panel members were appointed by senior officials of member states, following up on an instruction issued from the foreign ministers’ level during their last meeting held to explore the possibility of reviewing the terms of reference (TOR) of the ASEAN Intergovernmental Commission on Human Rights (AICHR).

“We have held consultations with civil society organizations that have been providing input and fresh ideas. We will also have experts who will talk about this,” he told reporters this week.

The panel is expected to address the mandate and functions of the AICHR, as well as its relations with other stakeholders. ASEAN is to also determine the so-called modalities that underpin how the panel is to work.

The region has “witnessed widespread and systemic human rights violations perpetrated by state authorities throughout the region, as well as abuses by non-state actors”, according to a report by Forum-Asia and Solidarity for ASEAN Peoples’ Advocacies.

In Myanmar, the minority Rohingya have faced systematic violence, discrimination and segregation, while crimes against humanity and war crimes are being perpetrated in Kachin and Shan states. In the Philippines, aside from increasing restrictions on freedom of expression, widespread and frequent extrajudicial killings in the name of a "war on drugs" have reportedly resulted in the deaths of more than 27,000 people, most from poor and marginalized communities.

Since its establishment 10 years ago, the commission has been harshly criticized for its ineffective working methods and its lack of response to grave human rights violations in the region.

The terms that regulate the AICHR's mandate had placed more emphasis on the promotion rather than the protection of human rights, which experts say ultimately deprive the rights body of the ability to receive and investigate complaints, draft reports, or make public recommendations.

Upon the establishment of the commission, member states promised to put the TOR up for review five years after it came into force, but the proposal was rejected at the ministerial level in response to opposition from some countries — even in spite of a consensus in support of a review.

ASEAN as a regional organization works by consensus and by keeping to the lowest common denominator accepted by member states.

The idea of strengthening the group’s rights body has always been met with reluctance — if not straight-up opposition — considering how a majority of member states operate under non-democratic and even authoritarian
regimes.

The differences in political systems have affected member countries’ levels of commitment to freedom and human rights, experts say. Current ASEAN chair Thailand, for example, has in the past decade alone had both military and civilian rule, with former coup leader Prayut Chan-o-cha recently installed as a civilian prime minister.

Other countries like Vietnam, Cambodia, Laos and Myanmar have been ruled by different forms of authoritarian government, while the likes of Indonesia, Malaysia and the Philippines have elected their governments democratically.

Indonesia’s representative to the AICHR, Yuyun Wahyuningrum, said her understanding of the proposal was that the panel would consist of 10 experts from 10 member countries. The Foreign Ministry consulted a number of civil society groups on Oct. 14 about how to formulate the TOR and about how the panel should be set up. “In November, the AICHR will also discuss our views in relation to the provisions in the TOR,” she said recently. “We might not be doing a wholesale review but a selective one, just because it is more doable than reinventing the wheel.”

Forum-Asia’s East Asia and ASEAN program manager, Rachel Arinii, said establishing a panel was a new approach for reviewing the mandate, which has failed a number of times since an attempt in 2014.

“But I think we need to manage our expectations as well because, yes, we are aiming for an amendment of the terms of reference, but we also want to put stronger terms in place with a better rights protection mandate,” she told The Jakarta Post. “We really need to make sure that the panel of experts maintains non-regressive principles during the review.”

Several civil society organizations are scheduled to have a meeting with ASEAN foreign ministers in Bangkok on Saturday, when the issue of the mandate is expected to be raised.

Jose said the issue might also be discussed by the leaders at the ASEAN Summit this weekend, although the AICHR mandate review is being dealt with at the working level.

“Individual countries may want to bring it up but the work is already ongoing and we’re waiting for the results,” he said.

ASEAN leaders are scheduled to arrive in Bangkok on Saturday to attend the ASEAN Summit and related meetings. (tjs)

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