Durbach, Andrea; Renshaw, Catherine; Byrnes, Andrew --- "A tongue but no teeth?': The emergence of a regional human rights mechanism in the Asia Pacific region" [2009] SydLawRw 9; (2009) 31(2) Sydney Law Review 211
∗ Andrea Durbach, Associate Professor, Director, Australian Human Rights Centre, Faculty of Law, University of New South Wales.
∗∗ Catherine Renshaw, Research Fellow, Australian Human Rights Centre, Faculty of Law, University of New South Wales.
∗∗∗ Andrew Byrnes, Professor and Chairperson, Australian Human Rights Centre, Faculty of Law, University of New South Wales. The research on which this paper is based forms part of a Linkage project funded by the Australian Research Council and the Asia Pacific Forum of National Human Rights Institutions (LPO776639 ‘Building Human Rights in the Region through Horizontal Trans-national Networks: the role of the Asia Pacific Forum of National Human Rights Institutions’).
1 Universal Declaration of Human Rights, GA Res 217A (III), UN Doc A/810 at 71 (1948).
[1] Geraldine van Bueren, Why a Supermodel Is Still Such a Potent Symbol of Human Dignity and Liberation (2008)
Times Online <http://business.timesonline.co.uk/tol/business/law/article3648391.ece> accessed 1 April 2008.
[2] The Charter of the Association of South East Asian Nations opened for signature 20 November 2007 and entered into force 15 December 2008.
[3] ASEAN, ‘ASEAN Leaders Sign ASEAN Charter’ (Press Release, 2007).
[4] See chronology of the proposal’s evolution under ‘The Rise of the Regional Human Rights Mechanism’ in Section Three below.
[5] Principles Relating to the Status of National Institutions (‘Paris Principles’), GA Res 48/134, UN GAOR, UN Doc A/RES/48/134 (1993).
Andrew Byrnes, Andrea Durbach and Catherine Renshaw, ‘Joining the Club: the Asia Pacific Forum of National Human Rights Institutions, the Paris Principles, and the Advancement of Human Rights Protection in the Region’ [2008] AUJlHRights 4; (2008) 14 Australian Journal of Human Rights 63.
[6] The Asian Human Rights Commission and other groups initiated a major consultation process in 1994 to form the basis for an Asian Human Rights Charter. Over 100 Asian NGOs were consulted and provided information for use by a drafting committee consisting of six persons. After three further consultations, a first draft was finalised and submitted to Asian human rights NGOs, community organisations, and concerned persons and groups. The final document was completed in 1997. The Asian Human Rights People’s Charter, Our Common Humanity, was launched by NGOs in Kwangju, South Korea on 17 May, 1998. It called for the adoption by governments of a regional convention on human rights. Two further drafts of the Charter were submitted for consultation, the most recent, drafted by the Association of Asian Parliaments for Peace, appears to have been rejected at a meeting of Asia-Pacific NGOs held in Cambodia in 2000. See ‘Selected Human Rights Documents’ (2000) 1 Asia Pacific Journal on Human Rights and the Law 126.
[7] Sinapan Samydorai, President of the Think Centre, quoted in Wayne Arnold, Historic ASEAN Charter Reveals Divisions (2007) International Herald Tribune <http://www.iht.com/articles/2007/11/20/asia/asean.php> accessed 3 May 2009.
[8] Quoted in Myanmar Crisis to Dominate ASEAN Summit, but Free Trade, Climate also High on Agenda (2007) International Herald Tribune <http://www.iht.com/articles/ap/2007/11/18/asia/AS-GEN-ASEAN.php> accessed 3 May 2009.
[9] Quoted in Human Rights Body ‘Consultative’ (2007) The Straits Times
<http://www.yawningbread.org/arch_2007/yax-787.htm> accessed 3 May 2009.
[10] Ibid.
[11] Ibid.
[12] Working Group for an ASEAN Human Rights Mechanism, Proposed Elements for the Terms of Reference of an ASEAN Human Rights Body (2008), Working Group for an ASEAN Human Rights Mechanism <http://aseanhrmech.org/downloads/WGsubmissiontoHLP.pdf> accessed 3 May 2009.
[13] Final Declaration of the Regional Meeting for Asia of the World Conference on Human Rights (‘Bangkok Declaration’), Bangkok, 29 March–2 April 1993. See UNGA, Final Declaration of the Regional Meeting for Asia of the World Conference on Human Rights (‘The Bangkok Declaration’), United Nations High Commissioner for Human Rights, <http://www.unhchr.ch/html/menu5/wcbangk.htm> accessed 9 May 2009.
[14] The Bangkok Declaration, above n 14. See Diane K Mauzy, ‘The Human Rights and ‘Asian Values’ Debate in South East Asia: Trying to clarify the key issues’ (1997) 10 The Pacific Review 210 at 221.
[15] Ibid.
[16] Vitit Muntarbhorn, ‘A Roadmap for an ASEAN Human Rights Mechanism’, (paper presented at the Third Workshop for an ASEAN Regional Mechanism on Human Rights, Bangkok, 28–9 May 2003) Friedrich Naumann Foundation for Liberty <http://www.fnf.org.ph/liberallibrary/roadmap-for-asean-human-rights.htm> accessed 3 May 2009.
[17] Conference on the Establishment of a National Human Rights Institution in Cambodia, Siem Reap, Kingdom of Cambodia, 25–7 September 2006. See Cambodia, Asia Pacific Forum of National Human Rights Institutions (‘APF’) <http://www.asiapacificforum.net/services/capacity-building/nhri-development/cambodia/?searchterm=Cambodia> accessed 3 May 2009.
[18] The Workshop was organised by the United Nations Office of the High Commissioner for Human Rights and the Commission on Human Rights of the Philippines.
[19] Ian Neary, ‘Human Rights Governance in East Asia — Towards a Regional Structure?’ (paper presented at the Annual Meeting of the International Studies Association 48th Annual Convention, Chicago, 28 February 2007) at 12–13. We are grateful to the author for providing us with a copy of this paper.
[20] Id at 14–15.
[21] The Human Rights Commission of Pakistan was established in 1986 as an independent and voluntary non-governmental organisation (‘NGO’). Its mission includes promoting the ratification and implementation by Pakistan of international treaties, increasing public awareness of human rights norms and assisting victims of human rights violations. See About HRCP, Human Rights Commission of Pakistan <http://www.hrcp-web.org/hrcpDetail_abtHrcp.cfm?catId=222 & catName=About%20HRCP> accessed 3 May; The International News, APF Consultations on Pakistan NHRI Bill (2008) APF <http://www.asiapacificforum.net/news/apf-consultations-on-pakistan-nhri-bill.html> accessed 3 May 2009.
[22] The Pacific Island Forum is comprised of Vanuatu, Papua New Guinea, Samoa, New Zealand, Fiji, Tonga, Nauru, Solomon Islands, Australia, Cook Islands, Tuvalu, Kiribati, Palau, Niue, Republic of the Marshall Islands and the Federated States of Micronesia.
[23] See Marianas Variety, PNG Set to Establish Human Rights Commission (2007) AP <http://www.asiapacificforum.net/news/png-set-to-establish-human-rights-commission.html/?searchterm=Papua%20New%20Guinea> accessed 3 May 2009.
[24] See Establishing National Institutions: Asian Nations Meet, APF <http://www.asiapacificforum.net/news/establishing-national-institutions-asian-nations-meet.html?searchterm=Solomon+Islands> accessed 3 May 2009.
[25] The symposium ‘Strategies for the Future: Protecting Rights in the Pacific’ and the comments of the Samoan Attorney-General are referred to in Call for Pacific Human Rights Mechanism, APF <http://www.asiapacificforum.net/news/call-for-pacific-human-rights-mechanism.html> accessed 3 May 2009.
[26] Current Members of the APF are: Australia (NHRI established 1986, APF founding member); New Zealand (NHRI established 1993, APF founding member); India (NHRI established 1993, APF founding member); Indonesia (NHRI established 1993, APF founding member); Philippines (NHRI established 1987, APF founding member); Sri Lanka (NHRI established 1997, admitted to APF 1997); Nepal (NHRI established 2000, admitted to APF 2000); Mongolia (NHRI established 2000, admitted to APF 2001); South Korea (NHRI established 2001, admitted to APF 2002); Thailand (NHRI established 2001, admitted to APF 2002); Malaysia (NHRI established 2000, admitted to APF 2002); Jordan (NHRI established 2002, admitted as an Associate Member 2004 and a Full Member in 2007); Afghanistan (NHRI established in 2002, admitted as an Associate Member in 2004 and a Full Member in 2005); Timor Leste (NHRI established 2004, admitted as an Associate Member in 2005 and a Full Member in 2007). Currently, the Palestinian Territories, Qatar and the Maldives are Associate Members.
[27] Refer also to comments made at the 13th Workshop on Regional Cooperation for the Promotion and Protection of Human Rights in the Asia Pacific Region, Beijing, 29 August–2 September 2005.
[28] Cited in United Nations Commission on Human Rights, Effective Functioning of Human Rights Mechanisms: National Institutions and Regional Arrangements E/CN.4/2005/107 (2005), Relief Web <http://www.reliefweb.int/rw/lib.nsf/db900sid/LHON-6AJCLE /$file/Human_Rights_ECOSOC_Jan_2005.pdf?openelement> accessed 9 May 2009.
[29] Muntarbhorn, above n 17 at 5.
[30] Louise Arbour (UN High Commissioner for Human Rights) (Speech delivered at the 13th UN Workshop on Regional Cooperation for the Promotion and Protection of Human Rights in the Asia Pacific Region, Beijing, 29 August–2 September 2005). See also Nobuki Fujimoto, 13th Workshop on Regional Cooperation for the Promotion and Protection of Human Rights in the Asia-Pacific Region (2005) Hurights Osaka <http://www.hurights.or.jp/asia-pacific/041/03.htm> accessed 3 May 2009.
[31] Burns Weston, Robin Lukes and Kelly Hnatt, ‘Regional and Human Rights Regimes: A Comparison and Appraisal’ (1987) 20 Vanderbilt Journal of Transnational Law 585 at 589.
[32] Hidetoshi Hashimoto, The Prospects for a Regional Human Rights Mechanism in East Asia (2004) at 1.
[33] The European Social Charter opened for signature 18 October 1961 and entered into force 26 February 1965 and Revised European Social Charter opened for signature 3 May 1996 and entered into force 1 July 1999.
[34] The Convention for the Protection of Human Rights and Fundamental Freedoms opened for signature 4 November 1950 and entered into force 3 September 1953. See Council of Europe, Convention for the Protection of Human Rights and Fundamental Freedoms (‘European Convention on Human Rights’) (1950).
[35] Weston, Lukes and Hnatt, above n 32 at 591.
[36] Hashimoto, above n 33 at 89.
[37] Weston, Lukes and Hnatt, above n 32 at 592.
[38] Lidiana Rios, ‘Effectiveness of the Inter-American Commission on Human Rights: A case study of Nicaragua, 1978–92’ (2005) 25 Honours College Thesis at 5–8 <http://digitalcommons.pace.edu/honorscollege_theses/25> accessed 3 May 2009.
[39] Rachel Murray, Human Rights in Africa: from the OAU to the African Union (2004) at 17–20.
[40] Id at 25–6, 47.
[41] Id at 22.
[42] The Members of the League are Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates and Yemen.
[43] See Arab Charter on Human Rights (2004) University of Minnesota Human Rights Library <http://www1.umn.edu/humanrts/instree/loas2005.html> accessed 3 May 2009.
[44] The first proposal to set up a human rights mechanism for the Pacific emerged from a United Nations seminar held in Colombo in 1982 on National, Local and Regional Arrangements for the Promotion and Protection of Human Rights in the Asia-Pacific Region. The idea was further explored at a LAWASIA meeting in 1985 in Fiji, at which a Pacific Charter of Human Rights was drafted. In 2007, at a meeting in Auckland to discuss the Pacific Plan and the domestic application of human rights conventions and standards, members of Parliament from 11 Pacific Island countries requested the Pacific Regional Rights Resource Team (‘RRRT’) to ‘take a lead role in setting up or exploring the possibility of setting up a Pacific Island Regional Human Rights Commission’. See Pacific Regional Rights Resource Team, Submission to the Parliament of Australia Joint Standing Committee on Foreign Affairs, Defence and Trade, Inquiry into Human Rights Mechanisms and the Asia Pacific (2008) Parliament of Australia <http://www.aph.gov.au/house/committee/jfadt/asia_ pacific_hr/subs/Sub%2013.pdf> accessed 3 May 2009.
[45] The symposium, titled Strategies for the Future: Protecting Rights in the Pacific, was held in Apia, Samoa from 27–9 April 2008.
[46] The Fiji Human Rights Commission, established in 1999, is currently the only NHRI in the Pacific.
[47] Muntarbhorn, above n 17.
[48] Vienna Declaration and Programme of Action UN Doc A/CONF.157/23 (1993).
[49] See Working Group for an ASEAN Human Rights Mechanism, About Us (2007) Working Group for an ASEAN Human Rights Mechanism <http://www.aseanhrmech.org/aboutus.html> accessed 6 October 2008.
[50] Ibid.
[51] The ASEAN Members with established Human Rights Commissions — Indonesia, Malaysia, the Philippines and Thailand (the ‘ASEAN Four’) — lead the Working Group and the initiative to establish a regional human rights body. Myanmar, Laos, Cambodia and Vietnam remain unenthusiastic, with Singapore and Brunei adopting a neutral stance. See Working Group for an ASEAN Human Rights Mechanism, above n 50.
[52] Muntarbhorn, above n 17.
[53] Ibid.
[54] Working Group meetings have been held in Jakarta (2001); Manila (2002); Bangkok (2003); Jakarta (2004); Kuala Lumpur (2006); Manila (2007) and Singapore (2008).
[55] The proposal for the establishment of an ASEAN Commission on Women and Children, a component of the Vientiane Action Programme (‘VAP’) on human rights and obligations, was adopted by the 10th ASEAN Summit. The Working Group has convened various workshops by way of supporting ASEAN’s commitment to implement the VAP.
[56] See ASEAN, Report of the Eminent Persons Group on the ASEAN Charter (2006) ASEAN at [47] <http://www.aseansec.org/19247.pdf> accessed 3 May 2009.
[57] Id at [42].
[58] Working Group for an ASEAN Human Rights Mechanism, above n 50.
[59] The Asian Human Rights Charter was developed by NGOs who initiated their own response to calls for a regional mechanism, but has been largely resisted by governments in the region. However the lack of government support for the Charter led to questions about its legitimacy and representativeness. See Ralph Wilde, ‘NGO Proposals for an Asia-Pacific Human Rights System’ (1999) 1 Yale Human Rights and Development Law Journal 138.
[60] Weston, Lukes and Hnatt, above n 32.
[61] Id at 590.
[62] Maznah Mohamad, ‘Towards a Human Rights Regime in Southeast Asia: Charting the Course of State Commitment’ (2002) 24 Contemporary Southeast Asia 230 at 233.
[63] Id at 236.
[64] Arbour, above n 31.
[65] The contestation for a human rights regime has always involved nation-states battling against their domestic civil society and an international movement pushing for a normative global order’. See Mohamad, above n 63 at 231.
[66] Nazry Bahrawi, ASEAN’s Human Rights Divide (2008) Singapore News <www.ips.org.sg/Media/yr2008/Today_Asean’s%20human%20rights%20divide_130608.pdf> accessed 3 May 2009.
[67] Ibid.
[68] Mohamad, above n 63 at 231.
[69] Bertrand Ramcharan, ‘Opening Remarks by the Acting UN High Commissioner for Human Rights’ (Speech delivered at the General Assembly of the Network of National Institutions of the Americas, Buenos Aires, Argentina, 9–11 June 2004) NHRI Forum <http://www.nhri.net/pdf/Network%20Americas%20NI%20-AHC%20Speech.pdf> accessed 3 May 2009.
[70] Fact Sheet 19: National Institutions for the Promotion and Protection of Human Rights (1993) Office of the High Commissioner for Human Rights <http://www.unhchr.ch/html/menu6/2/fs19.htm> accessed 15 September 2008.
[71] Paris Principles, above n 6.
[72] See Fact Sheet 19, above n 71. The guidelines approved at the Seminar on National and Local Institutions for the Promotion and Protection of Human Rights, suggested that the functions of national institutions should be:
(a) To act as a source of human rights information for the Government and people of the country;
(b) To assist in educating public opinion and promoting awareness and respect for human rights;
(c) To consider, deliberate upon, and make recommendations regarding any particular state of affairs that may exist nationally and that the Government may wish to refer to them;
(d) To advise on any questions regarding human rights matters referred to them by the Government;
(e) To study and keep under review the status of legislation, judicial decisions and administrative arrangements for the promotion of human rights, and to prepare and submit reports on these matters to the appropriate authorities;
(f) To perform any other function which the Government may wish to assign to them in connection with the duties of that State under those international agreements in the field of human rights to which it is party.
The guidelines, which were endorsed by the Commission on Human Rights and the General Assembly, further recommended that NHRIs should:
(a) be so designed as to reflect in their composition, wide cross-sections of the nation, thereby bringing all parts of that population into the decision-making process in regard to human rights;
(b) function regularly, and that immediate access to them should be available to any member of the public or any public authority;
(c) in appropriate cases, have local or regional advisory organs to assist them in discharging their functions.
[73] In the Asia Pacific region, Human Rights Commissions were established in Australia (1986) and the Philippines (1987).
[74] Paris Principles, above n 6.
[75] Ibid.
[76] Ibid.
[77] Vienna Declaration and Programme of Action, above n 49.
[78] Fifth International Workshop for National Institutions for the Promotion and Protection of Human Rights (2000) United Nations Office of the High Commissioner for Human Rights at 1 <http://www.unhchr.ch/html/menu2/rabatdec.htm> accessed 3 May 2009.
[79] Ibid.
[80] In accordance with the Paris Principles and the ICC Sub-committee Rules of Procedure, the classifications for accreditation used by the ICC are:
(a) Compliance with the Paris Principles;
(b) Observer Status — not fully in compliance with the Paris Principles or insufficient information provided to make a determination; and
(c) Non-compliant with the Paris Principles.
Prior to 2008 the ICC also used a fourth category A(R) (‘Accreditation with reserve — granted where insufficient documentation is submitted to confer A status’). In 2008 the ICC discontinued use of the A(R) category for new accreditations. See Chart of The Status of National Institutions (2007) NHRI Forum <http://www.nhri.net/2007/List_Accredited_NIs_Dec_2007.pdf> accessed 3 May 2009.
[81] See NHRI Forum at <http://www.nhri.net> accessed 3 May 2009.
[82] Declaration of Cooperation, Bali, 28 June 2007, with parties: Komisi Nasional Hak Asasi Manusia (Komnas HAM), Human Rights Commission of Malaysia (SUHAKAM), Commission on Human Rights of the Philippines (CHRP), and the National Human Rights Commission of Thailand (Khamakarn Sit). See Regional Cooperation between NHRIs (2007) APF http://www.asiapacificforum.net/about/annual-meetings/12th-australia-2007/downloads/ regional-cooperation-between-nhris/Declaration%20of%20Cooperation.pdf> accessed 3 May 2009.
[83] See Commission on Human Rights of the Philippines, ‘ASEAN Human Rights Commissions Convene in Manila’ (Press Release, 25 January 2008); Terms of Reference of the ASEAN Human Rights Commission (2008) Working Group for an ASEAN Human Rights Mechanism <http://www.aseanhrmech.org/downloads/TOR_ASEANHRbody.pdf> accessed 3 May 2009.
[84] The Workshop was organised by the United Nations Centre for Human Rights in cooperation with the Tunisian Higher Committee on Human Rights and Fundamental Freedoms.
[85] Guidelines for Accreditation and Re-accreditation of NHRIs to the International Coordinating Committee of National Human Rights Institutions, adopted by the International Coordinating Committee of National Human Rights Institutions for the Promotion and Protection of Human Rights (‘ICC’) at its 20th session in Geneva, 14–18 April 2008. See Guidelines for Accreditation and Re-Accreditation of National Human Rights Institutions to the International Coordinating Committee of National Human Rights Institutions (2008) NHRI Forum <http://nhri.net/2008/Guidelines_for_accreditation_application_April_2008_En.pdf> accessed 20 June 2008.
[86] See Gauthier de Beco, ‘Networks of European Human Rights Institutions’ (2008) 14 European Law Journal 860.
[87] Anne-Marie Slaughter, A New World Order (2004) at 19, 239.
[88] Hashimoto, above n 33 at 89.
[89] The Commission on Human Rights of the Philippines was invited and accepted an invitation to attend, but was ultimately unable to do so.
[90] At the first meeting, representatives of attending NHRIs discussed matters of common interest to national human rights institutions in the region, including their independence, their functions and powers, their investigation and conciliation processes, community education and media relations.
[91] Larrakia Declaration, adopted in the APF First Regional Workshop, Darwin, Australia, 8-10 July 1996. See Larrakia Declaration: Conclusions, Recommendations and Decisions (1994) APF <www.asiapacificforum.net/about/annual-meetings/1st-australia-1996/downloads/ larakia.pdf> accessed 3 May 2009.
[92] The ACJ comprises former judges, and human rights and international law academics and practitioners, nominated by APF member institutions.
[93] The APF was incorporated under Australian law in 2002 as an independent, non-profit organisation. The Forum Council is the decision-making body of the APF. Established by the APF Constitution, the Forum Council is comprised of one voting councillor nominated by each Full Member.
[94] About the Asia Pacific Forum (2009) APF <http://www.asiapacificforum.net> accessed 20 June 2008.
[95] APF also produces a regular newsletter, the Forum Bulletin, which keeps APF members, governments and NGOs informed of important policy, legal, administrative and training developments in the region.
[96] About the Asia Pacific Forum, above n 95.
[97] Ibid.
[98] For example, APF has provided advice and assistance in relation to the establishment of NHRIs to the governments of Samoa, Bangladesh, Papua New Guinea, East Timor and Afghanistan.
[99] For example, in 1998, the Forum Secretariat conducted needs assessment missions to Indonesia, Mongolia and Fiji.
[100] In 1998, at the request of the government of Bangladesh, who indicated a keenness to establish a National Human Rights Commission, the APF facilitated a visit by a senior Bangladeshi delegation to the Human Rights Commissions of Australia and New Zealand. Officers from the Human Rights Project team of the Bangladesh Department of Law, Justice and Parliamentary Affairs undertook a 3-month human rights training internship in the Australian Commission. This was combined with an academic coursework programme designed by the APF in consultation with the University of Sydney. In 1997, the APF organised a similar study tour in New Zealand for a group of experts from the Vietnamese Prime Minister’s Research Group.
[101] Together with domestic and international NGOs, representatives of the United Nations, academics and government officials.
[102] In 2002, the APF Secretariat provided detailed legislative and legal advice to the recently elected Constituent Assembly, NGOs, representatives of the East Timor Administration and the United Nations Transitional Administration in East Timor on the possible mandate, role and functions of a prospective NHRI.
[103] Interview with Pip Dargan, Deputy Director of the APF Secretariat, regarding the proposed program (August 2008).
[104] See Annual Meetings (2009) APF <http://www.asiapacificforum.net/about/annual-meetings> accessed 3 May 2009.
[105] Joint Standing Committee on Foreign Affairs, Defence and Trade, Inquiry into Human Rights Mechanisms and the Asia Pacific (2008) Parliament of Australia <http://www.aph.gov.au/house/committee/jfadt/asia_pacific_hr/index.htm> accessed 3 May 2009.
[106] The Submission of the Australian Council of Trade Unions (‘ACTU’) sets out the key criteria for an independent, credible and effective regional mechanism. See Submission by the Australian Council of Trade Unions to the Inquiry into Human Rights Mechanisms and the Asia Pacific (2008) Parliament of Australia at 8-9 <http://www.aph.gov.au/house/committee/jfadt/asia_pacific_hr/subs/Sub%2016.pdf> accessed 3 May 2009.
[107] Submission by World Vision Australia to the Inquiry into Human Rights Mechanisms and the Asia Pacific (2008) Parliament of Australia at 6 <http://www.aph.gov.au/house/committee/jfadt/asia_pacific_hr/subs/Sub%207.pdf> accessed 3 May 2009.
[108] Submission by the Centre for International Governance and Justice, Australian National University to the Inquiry into Human Rights Mechanisms and the Asia Pacific (2008) Parliament of Australia at 3 <http://www.aph.gov.au/house/committee/jfadt/asia_pacific_hr/subs/Sub%203.pdf> accessed 3 May 2009.
[109] Submission by the Sydney Centre for International Law to the Inquiry into Human Rights Mechanisms and the Asia Pacific (2008) Parliament of Australia at 2, 11 <http://www.aph.gov.au/house/committee/jfadt/asia_pacific_hr/subs/Sub%205.pdf> accessed 3 May 2009.
[110] Submission by the Human Rights Law Resource Centre to the Inquiry into Human Rights Mechanisms and the Asia Pacific (2008) Parliament of Australia at 31-32 <http://www.aph.gov.au/house/committee/jfadt/asia_pacific_hr/subs/Sub%2015.pdf> accessed 3 May 2009; Submission by the Australian Council for International Development to the Inquiry into Human Rights Mechanisms and the Asia Pacific (2008) Parliament of Australia at 5 <http://www.aph.gov.au/house/committee/jfadt/asia_pacific_hr/subs/Sub%209.pdf> accessed 3 May 2009; Submission by the Centre for International Governance and Justice, Australian National University to the Inquiry into Human Rights Mechanisms and the Asia Pacific (2008) Parliament of Australia at 4, 5 <http://www.aph.gov.au/house/committee/jfadt/asia_pacific_hr/subs/Sub%203.pdf> accessed 3 May 2009.
[111] UNGA, Strengthening of the United Nations: an Agenda for Further Change, UN Doc A/57/387. See UNGA, Strengthening of the United Nations: an Agenda for Further Change - Report of the Secretary-General (2002) United Nations at 50 <http://daccessdds.un.org/doc/UNDOC/GEN/N02/583/26/PDF/N0258326.pdf?OpenElement> accessed 10 May 2009.
[112] Strengthening the United Nations: An agenda for further change, Report of the United Nations Secretary-General, UN Doc A/57/387, para 50.
[113] Working Group for an ASEAN Human Rights Mechanism, above n 50.
[114] Summary of Proceedings presented at the 7th Workshop on the ASEAN Regional Mechanism on Human Rights, Singapore, 12–13 June 2008 (2008) Singapore Institute of International Affairs <http://www.siiaonline.org/files/7th_WS_Summary_Proceedings.final.pdf> accessed 3 May 2009.
[115] Following the first meeting of the HLP in July 2008 in Singapore, ASEAN human rights organisations met in Jakarta in early August 2008 for a 3-day regional consultation. At the consultation, organisations discussed engagement with the HLP and ASEAN to ensure that an ‘independent and effective regional human rights mechanism will be put up by the High Level Panel’. The meeting was also attended by representatives from the Indonesian Government, the ASEAN Secretariat, Office of the UN High Commissioner for Human Rights, Working Group for an ASEAN Human Rights Mechanism, and NHRIs in ASEAN. See Human Rights Groups Gather for Strategic Planning on ASEAN Human Rights Mechanism(s) (2008) Prachatai <http://www.prachatai.com/english/news.php?id=736> accessed 3 May 2009.
[116] Press Comments by the Chairman of the High Level Panel (HLP) on the Establishment of an ASEAN Human Rights Body (2008) ASEAN <http://www.aseansec.org/21782.htm> accessed 3 May 2009.
[117] Simon Tay, Human Rights: ASEAN’s Way Forward (2008) Singapore Institute of International Affairs <http://www.siiaonline.org/?q=programmes/commentary/human-rights-asean ’ s-way-forward> accessed 3 May 2009.
[118] The Working Group Meets the High Level Panel on the ASEAN Human Rights Body (2008) Working Group for an ASEAN Human Rights Mechanism <http://www.aseanhrmech.org/news/working-group-meets-high-level-panel.html> accessed 6 October 2008. See also Submission from the Second Regional Consultation on ASEAN and Human Rights to the High Level Panel on the Establishment of the ASEAN Human Rights Body (2008) Asia Forum for Human Rights and Development <http://www.forum-asia.org/news/submission/Submission_to_HLP_on_ASEAN_human_rights_body-2008Aug7-FINAL-FORENDORS_EMENT.pdf> accessed 3 May 2009.
[119] Working Group for an ASEAN Human Rights Mechanism, above n 50.
[120] Ibid.
[121] Submission from the Second Regional Consultation on ASEAN and Human Rights to the High Level Panel on the Establishment of the ASEAN Human Rights Body, above n 119.
[122] Ibid.
[123] United Nations Commission on Human Rights, above n 29.
[124] See Working Group for an ASEAN Human Rights Mechanism, above n 13 at 5, 17–19.
[125] Human Rights Body ‘Consultative’, above n 10.
[126] Sienho Yee, ‘The Role of Law in the Formation of Regional Perspectives in Human Rights and Regional Systems for the Protection of Human Rights: The European and Asian Models as Illustrations’ [2004] SGYrBkIntLaw 9; (2004) 8 Singapore Year Book of International Law 157 at 163.
[127] Ibid.
[128] See the Paris Principles, above n 6.
[129] Neary, above n 20 at 18.
[130] Li-ann Thio, ‘Implementing Human Rights in ASEAN Countries: Promises to Keep and Miles to Go Before I Sleep’ (1999) 2 Yale Human Rights and Development Law Journal 1 at 76.
[131] Mary Robinson, ‘Opening Address’ (Speech delivered at the 6th Workshop on Regional Human Rights Arrangements in the Asia Pacific Region, Tehran, 28 February 1998), United Nations High Commissioner for Human Rights <http://www.unhchr.ch/huricane/huricane.nsf/(Symbol)/OHCHR.STM.98.01.En?OpenDocument> accessed 3 May 2009.
[132] Ibid.
[133] Hashimoto, above n 33 at 879.
[134] Andreas O’Shea, ‘A Critical Reflection on the Proposed African Court on Human and Peoples’ Rights’ (2001) 2 African Human Rights Law Journal 285 at 314.
[135] Hashimoto, above n 33.
[136] Bangkok Declaration, above n 14.
[137] Bangkok Declaration, above n 14.