ASEAN’s gradual adoption of human rights language and instruments is documented below. Only two core UN human rights treaties have been ratified by all ASEAN Member States; the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC).
ASEAN Human Rights Mechanism
ASEAN Intergovernmental Commission on Human Rights
The ASEAN Intergovernmental Commission on Human Rights (AICHR) is an ASEAN regional human rights institution established in 2009.
ASEAN Commission on the Rights of Women and Children
The ASEAN Commission on the Promotion and the Protection of the Rights of Women and Children (ACWC) is an ASEAN regional human rights institution established in 2010. It is an intergovernmental commission comprising 20 representatives, two from each of the ASEAN ten Member States.
ASEAN Committee on Migrant Workers
In July 2007, the ASEAN Foreign Ministers established the ASEAN Committee to Implement the Declaration on the Protection and Promotion of the Rights of Migrant Workers. As its name suggests, the Committee is tasked with implementing the 2007 ASEAN Declaration on the Protection and Promotion on the Rights of Migrant Workers.
In December 2008, the ASEAN Charter came into force. The Charter codifies existing ASEAN principles such as non-interference, but also recognizes the importance of states’ adherence to democracy, the rule of law, the respect for and protection of human rights and fundamental freedoms.
he Charter sets out the mandate and function of the different ASEAN bodies.
The ASEAN Summit is the supreme policy-making body of ASEAN. It meets twice a year and is comprised of the ASEAN Heads of State or Government.
The ASEAN Coordinating Council is the second highest body within ASEAN and is comprised of the ASEAN Foreign Ministers. Like the Summit, the Coordinating Council meets twice yearly. The Coordinating Council decides the criteria and rules for ASEAN engagement with external entities, including civil society organizations.
The ASEAN Community Councils include the:
- ASEAN Political-Security Community Council
- ASEAN Economic Community Council
- ASEAN Socio-Cultural Community Council
These councils comprise of one Ministerial representative per ASEAN Member State. Each Council’s role is to coordinate the work of the different sectoral bodies within their respective “community” in order to achieve the objectives of the ASEAN pillars. Each Community Council meets twice annually. The Councils must implement ASEAN Summit decisions but can also submit reports and recommendations to the Summit for consideration.
The ASEAN Sectoral Ministerial Bodies bring together the ministers of specific sectors (for example, all of the labour ministers of all the member countries will make up one sectoral ministerial body). They report to the Community Councils and are tasked with strengthening cooperation within their sector and implementing decisions from the ASEAN Summit.