Regional systems
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PART THREE
REGIONAL SYSTEMS
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;
Brunei Darussalam, Cambodia, Indonesia, the Lao People’s Democratic Republic, Malaysia, Myanmar, the
Philippines, Singapore, Thailand and Viet Nam.
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Available from www.asean.org/archive/publications/ASEAN-Charter.pdf (accessed 3 December 2012).
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