"AICHR ready to become stronger human rights mechanism", 13 June 2020

The terms of reference (TOR), which set out the mandate and functions of the [ASEAN Intergovernmental Commission on Human Rights (AICHR)] , somewhat curtail its ability to protect human rights.... But the AICHR does not have to be bound by these terms forever. [...]

However, after more than 10 years of the AICHR's existence, no review has taken place. But the ASEAN foreign ministers took the crucial first step in 2019 of agreeing that a panel of experts would be formed to finally review the TOR. [...]

[...]

...[T]he AICHR has held numerous events and activities to promote human rights...[b]ut...less progress has been made in terms of the protection of human rights.

[...]

While the TOR does not provide for a complaints mechanism yet, the AICHR has also shown that there is a willingness to push for institutional reforms under the current mandate. ...[A] new protocol to formally acknowledge communications was agreed, meaning complaints on human rights violations can now be forwarded to the relevant country representative through the AICHR. [...]

The ability to receive communications is crucial, and should also be accompanied by the powers to investigate, appropriately respond to and follow up on complaints. The AICHR should have the power to request preventive measures be put in place and offer potential remedies where human rights abuses have been identified. [...]

[...]

It is vital that the TOR review reconsiders how the consensus and non-interference principles are applied within the AICHR and how this can be done in a way that enhances its ability to advance human rights. Ensuring that alternative decisionmaking is available to the AICHR, in agreed circumstances and where there is no unanimous vote, would increase its capacity to do important work while remaining true to the founding principles of ASEAN.

[...]