Does a regional child rights mechanism exist?
While there are political bodies which strive to promote regional cooperation on political and economic issues in both Asia, no mechanisms exist as yet for vindicating breaches of child rights. Discussions have been initiated by the regional grouping ASEAN (Association of Southeast Asian Nations) about establishing human rights mechanisms for Southeast Asia.
The Working Group for an ASEAN Human Rights Mechanism was set up to establish an inter-governmental human rights commission for ASEAN.
The
Working Group is a coalition of national working groups from ASEAN States made up of representatives of government institutions, parliamentary human rights committees, academics, and NGOs.
The ASEAN Charter was launched on 20 November 2007. It codifies ASEAN norms, rules, and values which include the promotion of democracy, human rights and obligations, transparency and good governance. Article 14 states that ASEAN will establish a human rights body in accordance with terms of reference decided by Ministers of Foreign Affairs.
The Working Group has also co-organised workshops and roundtable discussions on the regional human rights mechanism with host ASEAN governments and national human rights commissions.
ASEAN is considering the options below for the regional mechanism:
- A declaration of principles
- A commission which could monitor, promote, and make recommendations to States. It may also be authorised to receive complaints from States and or individuals. It may cover all rights, or initially, be issue-specific, focusing on the rights of a particular group.
- A human rights mechanism established out of the coordinating efforts of national human rights commissions in ASEAN countries.
- A court which could make binding decisions.
Member States of ASEAN are: Indonesia, Laos, Malaysia, Myanmar, Singapore, Thailand. the Philippines and Vietnam.
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