URGING RATIFICATION OF THE ASEAN CHARTER

RESOLUTION
CHR (IV) No. A2008-___

URGING RATIFICATION OF THE ASEAN CHARTER

The Commission on Human Rights of the Philippines, an independent national human rights institution mandated by the 1987 Constitution to promote and protect human rights, including monitoring government’s compliance with international human rights obligations:

Welcoming the agreement of the Member States of the Association of Southeast Asian Nations (ASEAN) to establish through an ASEAN Charter the legal and institutional framework for ASEAN;

Welcoming the inclusion amongst the stated Purposes of the regional organization the following: “To strengthen democracy, enhance good governance and the rule of law, and promote and protect human rights and fundamental freedoms, with due regard to the rights and responsibilities of the Member States of ASEAN.” (Article 1, par.7);

Welcoming also the statement of principles that ASEAN and its Member States shall act in accordance with the following principles: (including)

"(i) respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice;
"(j) upholding the UN Charter and international law, including international humanitarian law, subscribed to by ASEAN Member States” (Article 2, par. 2);

Welcoming the provisions in the Charter that strengthens human rights promotion and protection: (1) creating a human rights body, and (2) setting down in writing the obligation of Member States to uphold the United Nations Charter and international law (Article 2, 2(j)), and (3) setting a process for ASEAN as a body to take up matters of non-compliance in the Summit (Articles 5 and 20);

Noting that “the Heads of States or Governments of the ASEAN Member States assembled in Singapore on the historic occasion of the 40th Anniversary of the founding of ASEAN have agreed to this Charter.” (ASEAN Charter Preamble); and

Noting further that President Gloria Macapagal-Arroyo, who was among the Heads of States that agreed to the ASEAN Charter, has signed it and transmitted to the Senate for concurrence as required by the 1987 Constitution, where it has not yet been considered;

Bearing in minding that seven of the ten ASEAN Member States have ratified the Charter; and

Underlining that such body as the ASEAN Human Rights body cannot be established unless all 10 ASEAN members ratify the Charter;

Therefore resolves:

1. To make an urgent call to the Philippine Government, particularly the Senate, to conclude the ratification process in the most timely manner;

2. To urge that the varying degrees of adherence to human rights and democratic principles and standards of the different ASEAN Member States cannot be reason for the Philippines to not ratify the ASEAN Charter. Indeed, this international agreement can be used by more progressive members to advocate for better adherence;

3. To call on the Executive Branch to advocate in the appropriate manner for the concurrence of the President’s ratification of the ASEAN Charter; and

4. To provide such technical and advisory support as may be necessary to discussions and advocacy efforts towards the immediate ratification of the ASEAN Charter.

SO RESOLVED.

Done this 6th day of August 2008, Quezon City, Philippines.




LEILA M. DE LIMA
Chairperson




CECILIA RACHEL V. QUISUMBING
Commissioner

MA. VICTORIA V. CARDONA
Commissioner

ATTESTED BY:



MARIA ASUNCION I. MARIANO-MARAVILLA
Commission Secretary