Terms of Reference At the Tenth Annual Meeting of the APF held in Mongolia in August 2005, Forum Councillors decided to formulate a new reference to the ACJ on the legal obligations of States for the implementation of economic, social and cultural rights and requested the secretariat prepare draft terms of reference for the consideration and approval of the APF.2 In the interests of narrowing the scope of the reference and in light of the substantive work already conducted on this issue, the secretariat recommended that the terms of reference focus specifically on the right to education. In February 2006, draft terms of reference were distributed to APF members for comment. The terms of reference adopted by APF members were as follows: The Asia Pacific Forum of National Human Rights Institutions refers to the Advisory Council of Jurists to advise and make recommendations as to international law, instruments and standards relevant to the legal obligations of States for the implementation of economic, social and cultural rights, with respect to the right to education. In particular, the Advisory Council of Jurists is asked to consider: (i) how international law, standards and mechanisms define the ‘right to education’, including with reference to the obligation to respect, protect, promote and fulfil the right to education; (ii) the nature and scope of the obligation to undertake steps by all appropriate means, including legislative measures, and the requirement to avoid retrogressive measures. Consideration should be given to the following interrelated and essential features of the right to education: availability, accessibility, acceptability and adaptability. The Advisory Council of Jurists is asked to be mindful of fundamental issues including the minimum age of employment, marriage and criminal responsibility; (iii) the question of the justiciability of the right to education; (iv) the nature and scope of the obligation to prioritise the introduction of compulsory and free primary education for all and to achieve progressively the full realisation of secondary, higher and fundamental education; (v) the nature and scope of the obligation of the State to use the maximum of its available resources; 2 ‘Concluding Statement’, Tenth Annual Meeting of the Asia Pacific Forum of National Human Rights Institutions, 26-28 August 2006, Ulaanbaatar, Mongolia http://www.asiapacificforum.net/activities/annual_meetings/tenth/concluding.htm 7