พันธกรณีด้านสิทธิมนุษยชนของประชาคมอาเซียน Human Rights Obligations of the ASEAN Community the foundation of ASEAN Community which is subject to the rule of law principle, democracy, and the promotion and protection of fundamental rights and freedom. Furthermore, it requires ASEAN to develop a regional human rights mechanism, which later became ASEAN Intergovernmental Commission on Human Rights (AICHR). 2. Founded in 2009, the AICHR is considered to be the focal human rights mechanism of ASEAN and is mandated with 14 missions prescribed in its Terms of Reference. In the initial phase, the top priority of the AICHR was to develop the AHRD. As the latest regional human rights mechanisms following those already operational in America, Europe, Africa and the Arab world, the AICHR has faced a number of challenges stemming from both its structure and practices. While its promotional mission has been extensively discharged, the protection mandate has been left relatively underdeveloped. The study also scrutinises the works of other human rights bodies of ASEAN, including ACWC and ACMW. In addition to the current ASEAN human rights instruments and mechanism, this study provides an analysis on the tendency of the development of ASEAN human rights mechanism and emerging instruments. It also provides recommendations to the NHRCT on how to enhance the role of Thailand on human rights issues in the ASEAN Community as follows. 1. The pillarised structure of the ASEAN Community has posed and will continue to present challenges to the mainstreaming of human rights and human rights-based approaches, which permeate and crosscut all community pillars of ASEAN. The effectiveness of such mainstreaming endeavour will affect and to a large extent determine the success of the quantity and quality of ASEAN human rights instruments as well as its human rights mechanism. 2. Regarding the role of Thailand, especially the NHRCT, this study proposes national and regional approaches. The former suggests that Thailand can lead by example by ratifying more international human rights instruments, considering removing current reservations, and improving the implementation of the instruments that have been ratified. Furthermore, Thailand can assist other Member States through experience sharing and technical support on promoting and protecting human rights. The NHRCT in particular can undertake structural reform by establishing a subcommittee and supporting unit that has direct mandate on the ASEAN Community. As for the regional approach, Thailand, as one of the founding countries of ASEAN, should expedite the improvement of the ASEAN human rights mechanism and the quality of additional ASEAN human rights instruments. ส�ำนักงานคณะกรรมการสิทธิมนุษยชนแห่งชาติ 7

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