12.4.1 Standards and Mechanisms in the Association of South East Asian Nations (ASEAN) and the South Asian Association for Regional Cooperation (SAARC):

Asia has two key sub-regional inter-governmental bodies: the Association of South East Asian Nations and the South Asian Association for Regional Cooperation. Neither have specific standards for minorities but both endorse cultural diversity.

Standards and Mechanisms of the Association of South East Asian Nations (ASEAN):

In November 2007, ASEAN member States signed the ASEAN Charter, which sets out the purposes and principles of the Association. The Charter is not a human rights treaty but does recognize among the purposes and principles of ASEAN to “promote and protect human rights and fundamental freedoms” (article 1.7 and 2.2(i)). There is no specific reference to minorities in the Charter but ASEAN’s principles include “respect for the different cultures, languages and religions of the peoples of ASEAN, while emphasizing their common values in the spirit of unity in diversity” (article 2.2 (l)).

Article 14 of the Charter calls for the establishment of a human rights body of ASEAN. A High Level Panel was appointed in mid-2008 to being the process for establishing the human rights body. In 2009, the new body was named as the ASEAN Intergovernmental Commission on Human Rights and was approved by member States (AICHR). The AICHR has overall responsibility for the promotion and protection of human rights in ASEAN.

Standards and Mechanisms of the South Asian Association for Regional Cooperation (SAARC):

The SAARC aims to promote economic growth and development in the region but the SAARC Charter does not mention human rights. A number of SAARC treaties address human rights related issues, however, and in 2004 SAARC signed a Social Charter. The principles, goals and objectives of the Social Charter indicate that States should “ensure tolerance, non-violence, pluralism and non-discrimination in respect of diversity within and among societies” (article 2.2 (vii)) and “ensure that disadvantaged, marginalised and vulnerable persons and groups are included in social development” (article 2.2 (xi)).

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