AICHR consults stakeholders on implementation of the right to an effective remedy

JAKARTA, 23 May 2022 – The ASEAN Intergovernmental Commission on Human Rights (AICHR) consulted stakeholders on the implementation of Article 5 of the ASEAN Human Rights Declaration on the right to an effective remedy on 18 May, via video conference.

The consultation aimed to develop a greater understanding of the concept of the right to an effective remedy, exchange views, practices, and experiences. It also explored possible common approaches, principles, and practices in implementing such right in the ASEAN region.

In her remarks, H.E. Long Sonita, alternate Representative of Cambodia and Chair of AICHR, highlighted the consultation as a regional platform for sharing experiences, practices, and learning among stakeholders to respect, protect and fulfil the right to an effective remedy for victims in ASEAN.

Meanwhile H.E. Wahyuningrum, Representative of Indonesia to AICHR, emphasised the purpose of its implementation to ensure justice and accountability, to give meaning to the voices of the victims, and to address impunity.

Furthermore, Mr. Rolliansyah Soemirat, Director for the ASEAN Political-Security Cooperation, Ministry of Foreign Affairs of Indonesia, highlighted the need to fulfil the right to an effective remedy in a holistic and comprehensive manner following the principles of legitimacy, accessibility, predictability, equitable, transparency and based on engagement and dialogue.

In his remarks, he underlined that the consultation needs to identify gaps, find solutions, give advice and recommendations to feed into various ASEAN processes and mechanisms dealing with access to an effective remedy.

The discussions touched on the human rights framework regarding access to remedy and its application at the national level; and shared views, experiences, good practices, and challenges in implementing judicial and non-judicial mechanisms for remedies as performed by the state, national human rights institutions, and non-state actors.

Other notable topics discussed during the consultation included the fulfilment of the right to an effective remedy related to the issues of business and human rights, internally displaced persons, trafficking in persons, past human rights abuses, gross human rights violations, universal jurisdiction, access to legal aid, victims and witness protection, reparation for victims and the link between the right to an effective remedy with the due diligence framework.

In conclusion, participants underscored the need to build capacity of policymakers and practitioners in ASEAN Member States to implement the right to an effective remedy. In addition, they pointed out the importance of developing legislation and policies to overcome legal and procedural barriers to make judicial remedies accessible to victims of corporate abuse. At the same time, participants noted the need to establish gender-sensitive grievance mechanisms particularly to address violence against women, among other recommendations.

Over 120 participants representing ASEAN sectoral bodies, relevant ministries of the ASEAN Member States, national human rights institutions, UN bodies, academes, and civil society organisations attended the Consultation which is part of the implementation of the AICHR Five-Year Work Plan 2021-2025.

AICHR acknowledged the support from the Ministry of Foreign Affairs of Indonesia and the Ministry of Law and Human Rights of Indonesia towards the realisation of the Consultation.