As soon as the Association of Southeast Asian Nations (Asean) completes setting up a workable human rights mechanism in light of its aspiring new status as a rules-based entity next year, the 10-member organisation will have to grapple with the old debate about the merits of non-interference.

The long-time issue of Burma would be even more critical now that the military junta has opted for a ruthless approach against its political dissidents.

After five meetings, the High Level Panel (HLP) on the Asean Human Rights Body (AHRB) has agreed in principle that the AHRB’s mandate is to promote and protect human rights and fundamental freedom of the peoples of Asean.

In doing so, the AHRB will have to cover a range of activities. The Panel, comprising mostly technocrats and retired officials - one from each member state - are consulting with stakeholders in their own countries, at least on the surface, over what and how the new body will function with regard to each member’s sovereignty.

The tenser situation in Burma (and some believe in Thailand as well) does not seem to warrant a wait for the bureaucratic process of setting up this nice body to be completed by the end of next year. The Burmese government-in-exile and dissidents along the Thai-Burmese border are calling for regional and international intervention as the military government in Burma intensifies its campaign of imprisoning democracy fighters to clear the ground prior to an election set for 2010.

“Regional powers cannot sit idly by and reap the rewards of immorality,” says the National Coalition Government of the Union of Burma’s (NCGUB) representative to the UN, Dr Thaung Htun.

“We condemn the arbitrary sentencing of Burmese citizens to long periods in jail. We believe Burma’s regional partners cannot fail to do so, too, and to act accordingly by taking on this issue on at next month’s Asean summit in Thailand.”

The NCGUB has urged Asean governments which will meet in Chiang Mai next month to call for a Commission of Inquiry by the UN Human Rights Council. This inquiry should be carried out in a format similar to the one established to investigate human rights violations in the Sudan.

The Commission can be coordinated by UN Human Rights Special Rapporteur for Burma, Tomas Ojea Quitana. It should encompass input from other UN Thematic Rappoteurs on such matters as independent judiciary, violence against women and children, armed conflict, freedom of expression and information and arbitrary detention.

“Asean should fully commit to this process, facilitate its evolution and fully cooperate in its investigations. Such an initiative will give weight to the body’s call for a human rights office within Asean and would enhance its reputation as a body concerned about the abuses of its members,” said the Burmese leader-in-exile.

Sriprapha Petcharamesree, chair of the Thai working group for Asean Human Rights Mechanism, encourages the AHRB to focus more on the protection aspect of its mandate.

“A promotion of human rights norms is important but the more urgent task is protection. I wonder how the AHRB would address such issues as the deaths of 54 Burmese trafficked into Thailand recently, if the Asean states still emphasise the non-interference principle,” said Ms Sriprapha from Mahidol University.

She also called for a clearer and more specific mandate for the AHRB and the power to press for implementation of, and compliance with, its decisions.

More importantly, members of the AHRB, though appointed by the member state government, must be accountable to Asean’s citizens.

Lawyer Somchai Homla-or, secretary-general of the Foundation for Human Rights and Development, agreed that AHRB members must be responsible for the interests of Asean people, and not the national interest of the individual countries.

He suggested that a channel for public participation be opened in the process of nominating members to the AHRB.

“It is important to change Asean’s culture and style. No matter which Asean committee, they usually tend to avoid addressing problems in other countries for fear that other members might raise issues in their own countries as well. But the AHRB must be independent and accountable to the interests of the people whose rights are abused by anyone, including the states,” said the human rights activist.

He shared Ms Sriprapha’s view that the new body should be able to accept cases and propose remedies although it may not make any binding rulings.Sihasak Phuangketkeow, Thai representative in the HLP, conceded that the new mechanism will not be able to address or solve all human rights abuses. It is more likely to function as a reminder to the Asean member states to adhere to and respect human rights values.

“The new body will be a reminder to the member states what problems are hovering over us. Even the UN Human Rights Council cannot solve all the problems. What is important is that we need to create a culture and norm on human rights promotion and protection. Of course, the body has to be credible but we have to be realistic to the cultural differences and sensitivities among the Asean members,” said Mr Sihasak, also ambassador to the UN in Geneva.