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STATEMENT BY

H.E. MR. AHMAD FAISAL MUHAMAD

PERMANENT REPRESENTATIVE OF MALAYSIA

TO THE UNITED NATIONS IN NEW YORK

ON BEHALF OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS

 

AT THE GENERAL DISCUSSION ON

AGENDA ITEM 71: PROMOTION AND PROTECTION OF HUMAN RIGHTS

 

THIRD COMMITTEE, 78TH SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY

 

17 OCTOBER 2023

 

Mr. Chair,

 

I have the honour to deliver this statement on behalf of the Member States of the Association of Southeast Asian Nations (ASEAN). 

 

2.     ASEAN joins the momentum of the 75th anniversary of the Universal Declaration of Human Rights (UDHR) as well as the 30th anniversary of the Vienna Declaration and Programme of Action (VDPA) to reaffirm our collective commitment to the promotion and protection of human rights.

 

3.     In 2007, ASEAN enshrined in its Charter, the respect for and promotion and protection of human rights and fundamental freedoms, as well as the principles of democracy, the rule of law and good governance. Since then, ASEAN has developed relevant human rights mechanisms in line with the aspirations espoused in the ASEAN Charter.

 

4.     In the same year of the adoption of the VDPA, a Joint Communiqué reaffirming the VDPA and ASEAN’s vision to establish a regional human rights mechanism was endorsed reflecting the region’s collective commitment to human rights.

 

5.     Subsequently, the ASEAN Intergovernmental Commission on Human Rights (AICHR) was inaugurated by the ASEAN Leaders in 2009. The AICHR aims, among other things, to promote and protect human rights within the regional context, bearing in mind national and regional particularities and mutual respect for different historical, cultural and religious backgrounds, and taking into account the balance between rights and responsibilities. This was further enhanced with the ASEAN Human Rights Declaration adopted in 2012. The Declaration reiterates ASEAN’s commitment to the UDHR, the Charter of the United Nations, and several international human rights instruments which ASEAN Member States are party to.

 

6.     ASEAN member states have consistently participated in and contributed to the Human Rights Council (HRC). In this connection, we welcome the recent election of Indonesia, as ASEAN candidate, to the HRC for the term 2024 – 2026 and thank member states for their support, and look forward to such support for Thailand as ASEAN candidate to the HRC for the term 2025 – 2027.

 

Mr. Chair,

 

7.    ASEAN recognises that all human rights are universal, indivisible, interdependent and interrelated, and that there must be impartiality, objectivity, non-selectivity, non-discrimination and avoidance of double standards and politicisation in the promotion and protection of human rights. The realisation of human rights entails a balancing of competing rights and interests, and must be considered in the regional and national context, bearing in mind different political, economic, legal, social, cultural, historical and religious backgrounds. This approach is premised on the sovereign equality of all States and principle of non-interference with domestic jurisdiction, both of which are cardinal principles enshrined in the UN Charter. Our approach to human rights reflects ASEAN’s values, while being consistent with and complementing international standards.

 

8.     We believe that the enjoyment of human rights and fundamental freedoms must be balanced with the performance of corresponding duties, as every person has responsibilities to all other individuals, the community and the society where one lives. We further believe that dialogue and cooperation are important and necessary to bolster efforts to advance the promotion and protection of human rights.

 

9.     A testament in this regard is the Declaration on the ASEAN Human Rights Dialogue adopted by the ASEAN Leaders during the 43rd ASEAN Summit. The Dialogue enables ASEAN Member States to share achievements, best practices and challenges in the promotion and protection of human rights with a view to enhancing cooperation.

 

10.     Another notable development is the inaugural AICHR-UN Human Rights Dialogue convened last month in Geneva. The Dialogue included meetings between AICHR Representatives with the UN High Commissioner for Human Rights and UN officials representing various thematic sections within the Office of the High Commissioner for Human Rights, roundtable discussions with UN Special Procedures Mandate Holders, as well as substantive discussions with members of relevant UN human rights treaty bodies.

 

Mr. Chair,

 

11.     ASEAN reaffirms the importance of collaborative efforts in the promotion and protection of human rights including increased engagement between AICHR and the UN, among others in the areas of children’s rights, freedom of religion and belief, the prevention of torture, environmental rights and business and human rights. In this context, we look forward to the convening of the 5th AICHR-UN Interface in November 2023.

 

12.     In conclusion, ASEAN will continue to promote constructive dialogue and engagement. The promotion and protection of human rights will be pursued through the sharing of best practices and capacity-building. These efforts will be instrumental in advancing the goals of ASEAN Community building.

 

I thank you.