By S. Vinothaa | Malaysiakini
Next year, Malaysia will take the helm of ASEAN, with a newly appointed country representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR), Edmund Bon, set to champion human rights diplomacy across the Southeast Asian region.
Yet, as a seasoned rights activist, Bon is realistic about the challenges ahead.
For instance, transforming ASEAN from its roots from a non-interventionist cohort aimed at maintaining peace to one which can make a regulatory impact may take longer than his three-year tenure. This goal similarly eluded his Indonesian counterpart in 2023.
However, returning to the AIHCR for the second time — he was Malaysia’s representative from 2016 to 2018 — the legal expert is still adamant about working towards this goal because this will ensure a true impact.
“A toothless AICHR cannot ensure accountability,” he said at the 14th Foreign Ministers’ Summit in July, addressing the issue head-on.
Speaking to Malaysiakini recently, Bon said ASEAN is “toothless” now because the commission lacks authority to investigate, monitor, or sanction member states for human rights abuses, which curtails its effectiveness.
In turn, the AICHR — which acts as ASEAN’s arm to ensure human rights are upheld in the region — is perceived as a “very weak body” because it cannot investigate or issue recommendations in cases of human rights breaches.
Article 14 of the ASEAN Charter mandates the establishment of the AICHR to operate based on principles of consultation, non-interference, and consensus, which limits its ability to act decisively on human rights violations.
Why AICHR is failing Myanmar
Sitting down for an interview ahead of Malaysia’s term as chair of ASEAN, Bon stressed the need for a more robust protection mechanism, capable of holding member states accountable for violations.
The lack of such a mechanism is among the reasons why the AICHR has not been able to carry out a fact-finding mission to Myanmar, where human rights violations have been reported.
Such a mechanism would allow the commission to receive complaints from individuals and civil society organisations, investigate violations, and provide concrete recommendations to member states, he said.
This would align AICHR with international human rights bodies that possess similar powers, such as the African Commission on Human and Peoples’ Rights or the Inter-American Commission on Human Rights.
“AICHR needs to be more responsive to human rights violations in the coming years,” he said.
Striking a delicate balance
Bon is the first AICHR representative to be reappointed and he understands the delicate balance between safeguarding state interests and fulfilling international human rights obligations, particularly as Malaysia itself has come under fire for human rights violations.
This year, Malaysia attempted to deport Bangladeshi dissident, MA Quayum, and successfully deported Cambodian national Nuon Toeun — actions which exemplify how ASEAN countries continue to cooperate in the harassment, detention, and deportation of political dissidents.
Bon, who was Quayum’s legal counsel and successfully advocated against his deportation, noted how it involved complex diplomatic negotiations, striking a balance between foreign relations and justice, as well as the protection of vulnerable individuals.
It is the same balancing act which he would need to navigate to advocate for human rights in ASEAN in the face of political pressures from member countries.
“ASEAN nations on the AICHR must work together to robustly address human rights challenges.
“For those countries that seek to advance more swiftly, they should be permitted to do so without being hindered by others.
“This should be the guiding approach for the commission during our chairpersonship,” he stressed.
AICHR with authority
In his address to ASEAN foreign ministers in July, Bon also emphasised that vulnerable groups — including indigenous peoples, the elderly, persons with disabilities, and migrant workers — must not be sidelined or marginalised simply because their concerns challenge the prevailing narratives.
“They should not be excluded because their messages are uncomfortable,” Bon stated, urging the bloc for inclusivity in human rights discussions.
“AICHR must overcome its inhibitions and self-imposed constraints.
“We must choose expansion over restriction and progression over regression,” he argued, pushing for a more assertive approach to advancing human rights.
He further stressed that AICHR can only become a true force for change in ASEAN by addressing these institutional barriers and urged those seeking to advance human rights not to be hamstrung by slow progress.
“It is our shared responsibility to make AICHR a force for change,” Bon said, expressing confidence that ASEAN has the potential to redefine the world for the better.
Roadblocks to human rights protection
ASEAN will need more institutional reforms before Bon or future chairs can breathe new life into its role.
The first stumbling block in these efforts is the outdated Terms of Reference (TOR) — the document that defines AICHR’s powers and functions.
“Since 2009, the AICHR TOR have not been updated,” he said, noting that key ASEAN members like Malaysia, Indonesia, Thailand, and the Philippines have long advocated for changes.
These countries are pushing for a protection mechanism that would allow AICHR to investigate human rights abuses and receive formal complaints, particularly on issues such as the treatment of migrant workers.
However, some ASEAN members have resisted efforts to reform the TOR, fearing that stronger human rights mechanisms could interfere with state sovereignty.
Under ASEAN’s consensus-based decision-making, all member states must agree, either explicitly or tacitly, to any changes.
“Everything needs to have 10 agreements,” Bon said, noting that this has made it difficult to push through reforms.
Certain member states — he declines to mention which — have been “dragging their feet” on updating the mandate, thereby preventing AICHR from gaining the powers it needs, he said.
Human rights accountability in ASEAN
The absence of strong human rights accountability mechanisms within ASEAN’S current framework has left a gap in human rights protections, despite the appointment of special envoys for diplomatic efforts, such as those related to addressing the Myanmar crisis, he said.
“There’s not enough discussion on human rights accountability measures,” he said, noting that this should be a priority during Malaysia’s chairpersonship.
Even without the mechanism needed for greater accountability, Bon believed there is room for broader diplomatic and humanitarian initiatives in service of human rights in the region.
“We have the envoy doing diplomacy and talks, supported by humanitarian organisations like the AHA Centre (ASEAN intergovernmental disaster management organisation).
“But I think there’s a gap with human rights,” he noted, suggesting that future plans, including efforts for Myanmar, should include more concrete mechanisms.
The path ahead
As Malaysia prepares to take on the ASEAN chair, the next few months are seen as a crucial period of planning and reflection.
“In November, Laos will hand over the chair to Malaysia, and we have to unveil a plan for Myanmar,” Bon said, acknowledging the significant human rights crisis in the country as a priority.
He expressed optimism that Malaysia’s leadership could help “enhance” AICHR and make the body more effective.
The expiration of the Kuala Lumpur Declaration in 2025 offers ASEAN a chance to push for structural reforms, and lead the region in adopting a new 20-year vision.
The Kuala Lumpur Declaration is a foundational document adopted at the ASEAN Summit in Kuala Lumpur, in 1997, and outlines goals for regional cooperation, community building, and integration, while highlighting limiting principles like non-interference, consensus, and sovereignty.
Bon aims to embed stronger human rights protections into this framework.
“My ambition is to insert human rights into that vision, to give AICHR more powers for protection against rights violations.”
“For the first time, ASEAN, or AICHR, will comprehensively and expressly recognise the right to a safe, clean environment,” he highlighted, referring to a Thailand-led initiative that is being finalised.
As ASEAN grapples with crises, Bon emphasised that stronger human rights protections and accountability mechanisms are vital to ensure the region remains relevant.