Where regional avenues for promoting and protecting the rights of members of minorities exist, they should often be the first port of call for minority rights activists. Regional bodies are likely to focus on issues of particular local interest, such as Roma in Europe or Afro-descendants in the Americas, and they are often accessible to minority advocates and NGOs.
Chapters XI-XV deal with the most important regional actors in Africa, Europe and the Americas, although they do not claim to be exhaustive.
In terms of international mechanisms in Asia and the Middle East and North Africa, the primary sources of support for minority rights remain the global institutions discussed in parts one and two of this Guide. Nevertheless, brief mention should be made of three regional institutions or mechanisms which might be useful in promoting and protecting the rights of persons belonging to minorities.
Asia has two subregional intergovernmental bodies which have human rights components: the Association of Southeast Asian Nations (ASEAN) and the South Asian Association for Regional Cooperation (SAARC).
Association of Southeast Asian Nations
In November 2007, ASEAN member States signed the ASEAN Charter, which sets out the purposes and principles of the Association.96 While the Charter is not a human rights treaty, it states that one of the purposes of ASEAN is to “promote and protect human rights and fundamental freedoms” (art. 1 (7)) and that member States shall act in accordance with the principle of “respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice” (art. 2 (2)(i)). There is no specific reference to minorities in the Charter, but the ASEAN principles include “respect for the different cultures, languages and religions of the peoples of ASEAN, while emphasising their common values in the spirit of unity in diversity” (art. 2 (2)(l)).
Pursuant to article 14 of the Charter, the ASEAN Intergovernmental Commission on Human Rights (AICHR) was created in 2009.97 Its functions are primarily promotional, and it is to pursue a “constructive and non-confrontational approach” (art. 2 (4)), bearing in mind the principle of
“non-interference in the internal affairs of ASEAN Member States” (art. 2 (1)(b)). It is to “promote human rights within the regional context, bearing in mind national and regional particularities and mutual respect for different historical, cultural and religious backgrounds, and taking into account the balance between rights and responsibilities” (art. 1 (4)). It is to “uphold international human rights standards as prescribed by the Universal Declaration of Human Rights, the Vienna Declaration and Programme of Action, and international human rights instruments to which ASEAN Member States are parties” (art. 1 (6)).
The Commission’s mandate also includes, inter alia:
• Developing an ASEAN Human Rights Declaration;
• Enhancing public awareness of human rights;
96 Brunei Darussalam, Cambodia, Indonesia, the Lao People’s Democratic Republic, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam.
97 Available from www.asean.org/archive/publications/ASEAN-Charter.pdf (accessed 3 December 2012).
• Promoting capacity-building and providing advisory services and technical assistance;
• Preparing thematic studies;
• Obtaining information from ASEAN member States on the promotion and protection of human rights.
The Commission meets for at least 10 days annually and submits an annual report to the ASEAN Foreign Ministers Meeting. The Commission does not have the mandate to investigate cases of human rights abuses; however, NGOs prepared reports on human rights violations and made public statements at the time of its first session. Minority advocates should be able to contact its members (who are Government representatives, not independent experts) either through their national foreign ministries or the ASEAN Secretariat, as follows:
The ASEAN Secretariat 70A Jl. Sisingamangaraja Jakarta 12110
Indonesia
Tel: 62 21 726 29 91; 62 21 724 33 72 Fax: 62 21 739 82 34; 62 21 724 35 04 Website: www.asean.org
South Asian Association for Regional Cooperation
The South Asian Association for Regional Cooperation (SAARC) aims to promote economic growth and development in the South Asian region. The SAARC Charter does not mention human rights. A number of SAARC treaties address human rights-related issues, however, and SAARC adopted a Social Charter in 2004.98
Among the principles, goals and objectives of the Social Charter are to “ensure tolerance, non-violence, pluralism and non-discrimination in respect of diversity within and among societies”
(art. 2 (2)(vii)); “ensure that disadvantaged, marginalized and vulnerable persons and groups are included in social development” (art. 2 (2)(xi)); and “promote universal respect for and observance and protection of human rights and fundamental freedoms for all” (art. 2 (2)(xii)).
The Social Charter does not create any body with the responsibility to monitor its provisions.
Arab Charter on Human Rights
The revised text of the Arab Charter on Human Rights, adopted in 2004 under the auspices of the League of Arab States, came into force in March 2008 following its ratification by Algeria, Bahrain, Jordan, Libya, the Palestinian Authority, the Syrian Arab Republic and the United Arab Emirates. Yemen, Qatar and Saudi Arabia have also since ratified it.
The Charter binds each State party to ensure to all individuals subject to its jurisdiction the right to enjoy the Charter rights “without distinction on grounds of race, colour, sex, language, religious belief, opinion, thought, national or social origin, wealth, birth or physical or mental disability”
(art. 3 (1)). Article 25 (reflecting article 27 of the International Covenant on Civil and Political Rights) provides that “Persons belonging to minorities shall not be denied the right to enjoy their own culture, to use their own language and to [practise] their own religion. The exercise of these rights shall be governed by law”. While the Charter does not define minorities, article 43 states,
“Nothing in this Charter may be construed or interpreted as impairing the rights and freedoms ... set [forth] in the international and regional human rights instruments which the States parties
98 Available from www.saarc-sec.org/areaofcooperation/detail.php?activity_id=7 (accessed 3 December 2012).
have adopted or ratified, including the rights of women, the rights of the child and the rights of persons belonging to minorities”.
The Charter establishes (art. 45 (1)) a monitoring body of independent experts, the Arab Human Rights Committee, to examine States parties’ compliance with its principles. Article 48 requires States parties to submit periodic reports to the Committee on the measures they have taken to give effect to Charter rights. It further provides that the reports, comments and recommendations of the Committee are to be made public and disseminated widely.