Chapter 3 - Report of the Research and Policy Development Group
The workshop was a timely event, given the upcoming review of the Terms of Reference (ToR) of
the AICHR and the ASEAN Commission on the Promotion and Protection of the Rights of Women
and Children, scheduled to take place in 2014 and 2015 respectively.
There has been much criticism of AICHR especially in relation to its ToR. Many stakeholders
feel that it lacks the mandate to receive complaints and investigate human rights violations. The
review will allow stakeholders to propose amendments to strengthen the AICHR mandate and
ToR. Article 9.6 of the current ToR provides for an initial review five years after it takes effect.
It also states: ‘This review and subsequent reviews shall be undertaken by the ASEAN Foreign
Ministers Meeting, with a view to further enhancing the promotion and protection of human
rights within ASEAN.’
As such, the Commission calls on the Ministry of Foreign Affairs of Malaysia to consult all
stakeholders and take their views into account prior to making its submission to the ASEAN
Foreign Ministers Meeting on review of the ToR.
In line with the aspiration for an ASEAN Community by 2015, which strives to create a peoplecentred ASEAN, it is necessary to ensure that broad and meaningful consultation is at the
core of every policy-making process within member-states. The Government of Malaysia, in
anticipation of ASEAN Chairmanship in 2015, should play a more proactive role in upholding
human rights in the region. Malaysia, which is highly regarded by its neighbours for its steady
economic development and growth, should also be seen as a leading nation in the realm of
human rights promotion and protection.
9. NATIONAL HUMAN RIGHTS ACTION PLAN (NHRAP)
There has been little progress in developing the NHRAP
since 2010. During the year, the Legal Affairs Division of the
Prime Minister’s Department (BHEUU) – the focal agency
for developing the NHRAP – provided research grants to five
universities to conduct a study on domestic laws relating to
human rights. The University of Malaya, Universiti Kebangsaan
Malaysia, International Islamic University Malaysia, Universiti
Sains Islam Malaysia and Universiti Sultan Zainal Abidin have
conducted the research as an initial step in the development
process.
The BHEUU convened the first meeting of the NHRAP Steering
Committee in December. Chaired by YB Hajah Nancy Shukri,
Minister in the Prime Minister Department, it comprises
representatives of government agencies, the Commission and
academia.
While the Commission
welcomes the
Government’s
ambitious proposal
to address a wide
range of human rights
issues, it stresses the
need for the NHRAP
to be a practical and
achievable plan.
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