Part I International laws and mechanisms The ASEAN Intergovernmental Commission on Human Rights is a consultative body established in 2009. Under its Terms of Reference, the main purposes of the Commission include the promotion and protection of human rights and fundamental freedoms (article 1.1) and upholding international human rights standards as set out in 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 (article 1.6). In undertaking its work, the Commission has a mandate to: • enhance public awareness of human rights among the peoples of ASEAN through education, research and dissemination of information (article 4.3) • promote capacity building for the effective implementation of international human rights treaty obligations undertaken by Member States (article 4.4) • encourage ratification of international human rights instruments (article 4.5) • obtain information from Member States on the promotion and protection of human rights (article 4.10) • prepare studies on thematic issues of human rights in ASEAN (article 4.12) The Commission has declared migrant workers as one of its priority thematic areas. Each Member State nominates a representative to serve on the Commission. There are also opportunities for NHRIs and civil society organizations to engage with the Commission on the rights of migrant workers. For example, under its Terms of Reference, the Commission can engage in “dialogue and consultation” with civil society organizations and with “other national, regional and international institutions and entities concerned with the promotion and protection of human rights” (articles 4.8 and 4.9). ASEAN also established the ASEAN Commission on the Protection and Promotion of Rights of Women and Children in 2010, which considers issues relevant to migrant women and children. 3.2. ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers In 2007, the same year that the ASEAN Charter was signed, Member States approved the promulgation of an ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers. The Declaration calls on countries of origin and destination to promote the full potential and dignity of migrant workers; to cooperate to resolve cases of migrant workers who become undocumented due to no fault of their own; and to take into account the fundamental rights of migrant workers and their families already residing in the destination country. The Declaration also requires ASEAN countries to promote fair and appropriate employment protection, payment of wages, and adequate access to decent working and living conditions for migrant workers. It sets out further specific obligations on countries of origin and destination, as well as obligations pertaining to ASEAN. Though non-binding, the Declaration is considered an important development in protecting the rights of migrant workers in the region and was established after years of lobbying by civil society organizations, including migrant organizations, trade unions and human rights networks. The Declaration also provides for the development of an ASEAN framework instrument on the protection and promotion of migrant workers. Member States previously promulgated the ASEAN Declaration Against Trafficking in Persons Particularly Women and Children in 2004. Chapter 5: Regional mechanisms for the promotion and protection of the rights of migrant workers | 61