Asia Pacific Forum of National Human Rights Institutions
1.3
Advisory Council of Jurists
Evaluation findings
Outcome indicator: ACJ references
Performance rating: More work needed
The ACJ provides independent and authoritative advice to the APF on the interpretation and application
of international human rights law. The APF’s Forum Council determines the issues that are referred
to the ACJ for its consideration. The Terms of Reference, a Background Paper and other supporting
information for each issue is prepared for the ACJ by the APF secretariat. The ACJ normally meets to
consider each reference in conjunction with the APF biennial meeting. It presents an Interim Report for
consideration by the Forum Council before completing its Final Report.
The ACJ reports provide a thorough examination of each legal question, as well as practical
recommendations to assist APF members to protect and promote human rights in their own countries
and in partnership across the region. Since its establishment in 1998, the ACJ has considered a wide
range of human rights related issues including the death penalty, terrorism, prohibitions on torture and
trafficking, the application of the right to education, the impact of the environment on human rights, and
human rights and corporate accountability. Most recently the ACJ has completed a reference on sexual
orientation and gender identity (SOGI).
Sexual orientation and gender identity
Fourteen member NHRIs responded to a survey on the implementation of the ACJ reports. Three
of these, the NHRIs of the Maldives, the Palestinian Territories and Qatar did not regard the
recommendations on SOGI as applicable. Implementation of the report’s recommendations by the
remaining members was mixed, as shown in Figure 3.
Figure 3: Implementation of the ACJ recommendations in relation to SOGI
(average of participating members)
Yes
Complaints handling
Partially
No
Advocacy
Education
Monitoring
Law reform
%
0
10
20
30
40
50
60
70
80
The lowest level of implementation was reported for recommendations concerning law reform (only
three NHRIs reporting ‘yes’). Recommendations on complaints handling were widely implemented, with
all responding NHRIs reporting at least some action.
16 | 1. Enhance members’ institutional capacity to promote and protect human rights