Terms of ReferenceofASEAN Intergovernmental Commission on Human Rights
Pursuant to Article 14 of the ASEAN Charter, the ASEAN
Intergovernmental Commission on Human Rights (AICHR) shall
operate in accordance with the following Terms of Reference (TOR):

1. PURPOSES
The purposes of the AICHR are:1.1

To promote and protect human rights and fundamental freedomsof the peoples of ASEAN;

1.2

To uphold the right of the peoples of ASEAN to live in peace,dignity and prosperity;

1.3

To contribute to the realisation of the purposes of ASEAN as set
out in the ASEAN Charter in order to promote stability andharmony in the region, friendship and cooperation among ASEAN
Member States, as well as the well-being, livelihood, welfare andparticipation of ASEAN peoples in the ASEAN Community building
process;

1.4

To promote human rights within the regional context, bearing in
mind national and regional particularities and mutual respect fordifferent historical, cultural and religious backgrounds, and taking
into account the balance between rights and responsibilities;

1.5

To enhance regional cooperation with a view to complementing
national and international efforts on the promotion and protectionof human rights; andPage 1 of 111.6

To uphold international human rights standards as prescribed by
the Universal Declaration of Human Rights, the Vienna Declaration
and Programme of Action, and international human rights
instruments to which ASEAN Member States are parties.

2. PRINCIPLES
The AICHR shall be guided by the following principles:
2.1

2.2

Respect for principles of ASEAN as embodied in Article 2 of theASEAN Charter, in particular:a)respect for the independence, sovereignty, equality, territorial
integrity and national identity of all ASEAN Member States;b)

non-interference in the internal affairs of ASEAN MemberStates;c)respect for the right of every Member State to lead its national
existence free from external interference, subversion andcoercion;d)adherence to the rule of law, good governance, the principles
of democracy and constitutional government;e)respect for fundamental freedoms, the promotion andprotection of human rights, and the promotion of social justice;f)upholding the Charter of the United Nations and internationallaw, including international humanitarian law, subscribed to byASEAN Member States; andg)

respect for different cultures, languages and religions of thepeoples of ASEAN, while emphasising their common values inthe spirit of unity in diversity.

Respect for international human rights principles, including
universality, indivisibility, interdependence and interrelatedness ofPage 2 of 11

all human rights and fundamental freedoms, as well as impartiality,objectivity, non-selectivity, non-discrimination, and avoidance of
double standards and politicisation;
2.3

Recognition that the primary responsibility to promote and protect
human rights and fundamental freedoms rests with each MemberState;

2.4

Pursuance of a constructive and non-confrontational approach andcooperation to enhance promotion and protection of human rights;
and2.5Adoption of an evolutionary approach that would contribute to thedevelopment of human rights norms and standards in ASEAN.

3.

CONSULTATIVE INTER-GOVERNMENTAL BODY

The AICHR is an inter-governmental body and an integral part of theASEAN organisational structure. It is a consultative body.

4.

MANDATE AND FUNCTIONS

4.1. To develop strategies for the promotion and protection of humanrights and fundamental freedoms to complement the building ofthe ASEAN Community;
4.2. To develop an ASEAN Human Rights Declaration with a view toestablishing a framework for human rights cooperation throughvarious ASEAN conventions and other instruments dealing withhuman rights;
4.3. To enhance public awareness of human rights among the peoplesof ASEAN through education, research and dissemination ofinformation;
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4.4. To promote capacity building for the effective implementation ofinternational human rights treaty obligations undertaken by
ASEAN Member States;
4.5. To encourage ASEAN Member States to consider acceding to andratifying international human rights instruments;
4.6. To promote the full implementation of ASEAN instruments related
to human rights;
4.7. To provide advisory services and technical assistance on humanrights matters to ASEAN sectoral bodies upon request;
4.8. To engage in dialogue and consultation with other ASEAN bodies
and entities associated with ASEAN, including civil society
organisations and other stakeholders, as provided for in Chapter Vof the ASEAN Charter;
4.9. To consult, as may be appropriate, with other national, regional
and international institutions and entities concerned with thepromotion and protection of human rights;
4.10. To obtain information from ASEAN Member States on thepromotion and protection of human rights;
4.11. To develop common approaches and positions on human rights
matters of interest to ASEAN;
4.12. To prepare studies on thematic issues of human rights in ASEAN;
4.13. To submit an annual report on its activities, or other reports if
deemed necessary, to the ASEAN Foreign Ministers Meeting; andPage 4 of 11

4.14. To perform any other tasks as may be assigned to it by theASEAN Foreign Ministers Meeting.

5.

COMPOSITION
Membership

5.1

The AICHR shall consist of the Member States of ASEAN.

5.2

Each ASEAN Member State shall appoint a Representative to theAICHR who shall be accountable to the appointing Government.
Qualifications

5.3

When appointing their Representatives to the AICHR, Member
States shall give due consideration to gender equality, integrity
and competence in the field of human rights.

5.4

Member States should consult, if required by their respective
internal processes, with appropriate stakeholders in theappointment of their Representatives to the AICHR.
Term of Office

5.5

Each Representative serves a term of three years and may beconsecutively re-appointed for only one more term.

5.6

Notwithstanding paragraph 5.5, the appointing Government may
decide, at its discretion, to replace its Representative.
Responsibility

5.7

Each Representative, in the discharge of his or her duties, shallact impartially in accordance with the ASEAN Charter and thisTOR.

5.8

Representatives shall have the obligation to attend AICHRmeetings. If a Representative is unable to attend a meeting due toexceptional circumstances, the Government concerned shall
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formally notify the Chair of the AICHR of the appointment of atemporary representative with a full mandate to represent theMember State concerned.
Chair of the AICHR
5.9

The Chair of the AICHR shall be the Representative of theMember State holding the Chairmanship of ASEAN.

5.10 The Chair of the AICHR shall exercise his or her role inaccordance with this TOR, which shall include:a) leading in the preparation of reports of the AICHR andpresenting such reports to the ASEAN Foreign Ministers
Meeting;b) coordinating with the AICHR’s Representatives in between
meetings of the AICHR and with the relevant ASEAN bodies;c) representing the AICHR at regional and international events
pertaining to the promotion and protection of human rights as
entrusted by the AICHR; andd) undertaking other specific functions entrusted by the AICHR inaccordance with this TOR.
Immunities and Privileges
5.11 In accordance with Article 19 of the ASEAN Charter,
Representatives participating in official activities of the AICHR
shall enjoy such immunities and privileges as are necessary forthe exercise of their functions.

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6.

MODALITIES
Decision-making

6.1

Decision-making in the AICHR shall be based on consultation andconsensus in accordance with Article 20 of the ASEAN Charter.
Number of Meetings

6.2

The AICHR shall convene two regular meetings per year. Eachmeeting shall normally be not more than five days.

6.3

Regular meetings of the AICHR shall be held alternately at theASEAN Secretariat and the Member State holding the Chair ofASEAN.

6.4

As and when appropriate, the AICHR may hold additional
meetings at the ASEAN Secretariat or at a venue to be agreed
upon by the Representatives.

6.5

When necessary, the ASEAN Foreign Ministers may instruct theAICHR to meet.
Line of Reporting

6.6

The AICHR shall submit an annual report and other appropriate
reports to the ASEAN Foreign Ministers Meeting for its
consideration.
Public Information

6.7

The AICHR shall keep the public periodically informed of its workand activities through appropriate public information materials
produced by the AICHR.
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Relationship with Other Human Rights Bodies within ASEAN
6.8

The AICHR is the overarching human rights institution in ASEANwith overall responsibility for the promotion and protection ofhuman rights in ASEAN.

6.9

The AICHR shall work with all ASEAN sectoral bodies dealing withhuman rights to expeditiously determine the modalities for theirultimate alignment with the AICHR. To this end, the AICHR shallclosely consult, coordinate and collaborate with such bodies inorder to promote synergy and coherence in ASEAN’s promotionand protection of human rights.

7.

ROLE OF THE
SECRETARIAT

7.1

The Secretary-General of ASEAN may bring relevant issues to theattention of the AICHR in accordance with Article 11.2 (a) and (b)of the ASEAN Charter. In so doing, the Secretary-General of
ASEAN shall concurrently inform the ASEAN Foreign Ministers ofthese issues.

7.2

The ASEAN Secretariat shall provide the necessary secretarial
support to the AICHR to ensure its effective performance. To
facilitate the Secretariat’s support to the AICHR, ASEAN Member
States may, with the concurrence of the Secretary-General of
ASEAN, second their officials to the ASEAN Secretariat.

8.

WORK PLAN AND FUNDING

SECRETARY-GENERAL

AND

ASEAN

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8.1

The AICHR shall prepare and submit a Work Plan of programmes
and activities with indicative budget for a cycle of five years to beapproved by the ASEAN Foreign Ministers Meeting, upon therecommendation of the Committee of Permanent Representatives
to ASEAN.

8.2

The AICHR shall also prepare and submit an annual budget tosupport high priority programmes and activities, which shall beapproved by the ASEAN Foreign Ministers Meeting, upon therecommendation of the Committee of Permanent Representatives
to ASEAN.

8.3

The annual budget shall be funded on equal sharing basis byASEAN Member States.

8.4

The AHRB may also receive resources from any ASEAN Member
States for specific extra-budgetary programmes from the WorkPlan.

8.5

The AICHR shall also establish an endowment fund which consistsof voluntary contributions from ASEAN Member States and othersources.

8.6

Funding and other resources from non-ASEAN Member Statesshall be solely for human rights promotion, capacity building andeducation.

8.7

All funds used by the AICHR shall be managed and disbursed inconformity with the general financial rules of ASEAN.

8.8

Secretarial support for the AICHR shall be funded by the ASEAN
Secretariat’s annual operational budget.

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GENERAL AND FINAL PROVISIONS

9.1. This TOR shall come into force upon the approval of the ASEAN
Foreign Ministers Meeting.
Amendments
9.2. Any Member State may submit a formal request for an amendmentof this TOR.
9.3. The request for amendment shall be considered by the Committeeof Permanent Representatives to ASEAN in consultation with theAICHR, and presented to the ASEAN Foreign Ministers Meetingfor approval.
9.4. Such amendments shall enter into force upon the approval of theASEAN Foreign Ministers Meeting.
9.5. Such amendments shall not prejudice the rights and obligations
arising from or based on this TOR before or up to the date of such
amendments.
Review
9.6. This TOR shall be initially reviewed five years after its entry intoforce. 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.
9.7. In this connection, the AICHR shall assess its work and submit
recommendations for the consideration of the ASEAN Foreign
Ministers Meeting on future efforts that could be undertaken in thepromotion and protection of human rights within ASEAN consistent

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with the principles and purposes of the ASEAN Charter and thisTOR.
Interpretation
9.8. Any difference concerning the interpretation of this TOR whichcannot be resolved shall be referred to the ASEAN Foreign
Ministers Meeting for a decision****************************

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