88
PROMOTING AND PROTECTING MINORITY RIGHTS
• 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, nonviolence, 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
Available from www.saarc-sec.org/areaofcooperation/detail.php?activity_id=7 (accessed 3 December 2012).
98