Page 8 - รายงานการศึกษาวิจัย เรื่อง พันธกรณีด้านสิทธิมนุษยชนของประชาคมอาเซียน

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 sub-
committee 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.

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