
Introduction
The ASEAN Intergovernmental Commission on Human Rights (AICHR) is the jewel crown of the ASEAN Political and Security Community (APSC). AICHR was set up as commitment of ASEAN Leaders in support of the Vienna Declaration and Program of Action of 25 June 1993. ASEAN Leaders agreed that ASEAN should consider the establishment of an appropriate regional mechanism on human rights. Since then, ASEAN set itself towards the development of regional human rights regime. To materialize the idea, High Level Panel was set up to draft the Terms of Reference (TOR) ASEAN Human Rights Body. The Terms of Reference (TOR) of AICHR was adopted by the ASEAN Foreign Minister Meeting in July 2009. ASEAN Leaders inaugurated AICHR on 23 October 2009 at the 15th ASEAN Summit in Cha-am Hua Hin, Thailand.[i]
Current Trends
Nevertheless, up until present day there has been no significant progress in terms of implementation of human rights protections in ASEAN. Some scholars criticizes that AICHR has failed to bring any discernible improvement to or provide any protection for the basic rights of the people of Southeast Asia and must be radically changed in ways that strengthen its independence and mandate. AICHR is still very far from a properly functioning regional human rights mechanism.
AICHR kept silence in responding to human rights violations that occurred in 2015, a year that was marked by major setbacks over a broad range of issues in the region. During the first half of 2015, approximately 31,000 refugees and migrants fled hardship and persecution through the Bay of Bengal and the Andaman Sea, a 34% increase compared to the same period in 2014. A humanitarian crisis unfolded in May 2015, when 5,000 refugees and migrants were found stranded at sea and an estimated 370 lost their lives. Another is in response to the war on terror, there was a notable increasing use and introduction of security laws that are prone to abuse and lacked the necessary safeguards as required under international law.[ii]
AICHR has to be given the mandate to act, and be independent from national governmental interference: its representatives must represent the people of Southeast Asia, not the governments.[iii] Unfortunately, AICHR is an inter-governmental commission of human rights whose members mostly are government officials from ASEAN member states. And ASEAN always puts the principle of non-interference in the internal affairs of member states. Non-interference as the utmost important virtue of ASEAN constitutes a member state or states to avoid making policies to intervene another member state’s internal problems. It is that hinder the development of the protection of human rights in ASEAN.
Policy options
In this regard, two options can be considered.
First, the government of Indonesia should encourage AICHR to hold consultations with civil society groups and other stakeholders regarding the review of its terms of reference. This could open the opportunity to develop an independent AICHR through revisions of its terms of reference.
Secondly, the government of Indonesia should encourage and to convince other ASEAN member states for independence and strenghened mandate to AICHR as the region’s human rights commission.
To conclude, the facts that civil society groups are able to drive towards improvements of human rights protections in the regions, it is suggested that the government of Indonesia should encourage AICHR to hold consultations with civil society groups and other stakeholders regarding the review of its terms of reference and establish stronger foundation for human rights protections in the region.
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[ii] https://www.forum-asia.org/uploads/wp/2016/10/Breaking-The-Silence-AICHR-Performance-Report-2015.pdf
[iii] http://aseanmp.org/2014/06/26/asean-community-will-be-a-failure-without-regional-rights-protections-asean-mps-call-for-independence-and-strengthened-mandate-for-regional-human-rights-commission/



