ASEAN-HUMANRIGHTSsystems

7/27/2019 ASEAN-HUMANRIGHTSsystems

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STRENGTHENING HUMAN RIGHTS

SYSTEMS IN ASEAN:THE ROLE OF CIVIL SOCIETY

YUYUN WAHYUNINGRUM|Senior Advisor on ASEAN and HumanRights | Human Rights Working Group (HRWG) Indonesia

[email protected]


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In Search of Human RightsMechanism in ASEAN

1993 FMs agreed that ASEAN should consider theestablishment of an appropriate regionalmechanism on human rights

1995 Establishment of the Working Group on ASEAN

Human Rights Mechanism (WG) 1996 First meeting between WG and ASEAN SOM

Establishment of NHRIs in Philippines 1987, Indonesia1993, Thailand 1998 and Malaysia 1999

2004Adoption of VAP with action programs relatingto human rights

2007 Signing of Declaration of Cooperation amongthe 4 NHRIs

2007 Signing of the ASEAN Charter, Article 14: AHRB


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History of Human Rights in ASEAN

History of civil society engagement with ASEAN. It isa journey of believing that engagement can make

change.

History of interaction between national andinternational efforts and dialogue on human rights.

History of national political opening contribute to the

political space at regional level.

Journey of believing that a human rightscommission can be created in context of the regionwith no respect of values of democracy and humanrights.


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ASEAN Human Rights Systems

Conventions:Norms/

Instruments

Commission/Committee ASEAN HumanRights Court??

ACWC2010

AICHR

2009 ACMW2008

The 3Cs in Human Rights

Architecture


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1stC: Commissions

AICHR

Created based on Article 14,Charter

Established: 23 Oct 2009

10 Representatives 14 Mandates

No individual complaint

Provide advises to ASEAN

sectorial government uponrequest

Can obtain information on HRissues from Member States

Consult stakeholders

Submit Annual Report

ACWC

Created based on SC Blueprint Established: 7 April 2010 20 Representatives (Women

Rights and Child Rights)

16 Mandates

No individual complaint Provide advises to ASEAN

sectorial government uponrequest

Consult CS, women, children Advocate on behalf of women

and children & encourageASEAN Member States toimprove their situation

Submit Annual Report


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AICHR & ACWCMODALITIES, PRINCIPLES, NATURE

non-interference

evolutionaryapproach

consultation

consensus

consultative

inter-government

al body


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FACTS ABOUT AICHR & ACWC

AICHR & ACWC are part of

ASEAN organs

AICHR & ACWC work based on

TOR, RoP, and Work Plan

AICHR & ACWC members arerepresenting the government

AICHR reports to Foreign

Ministers

ACWC reports to ASEAN

Ministers Meeting on SocialWelfare and Development

AICHR is an overarching

body on human rights

ACWC is specialized body

on the rights of women and

children

AICHR has standard settingmandate: Declaration,Conventions

ACWC can speak on behalfof women, children, victims


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ACMW: An Overview

Mandated by the ASEAN Socio-Cultural Blueprint

2007 Jan - ASEAN Declaration on the protection and promotion ofthe rights of migrant workers (ASEAN Summit/AMM)

2007 July - ASEAN Statement of the establishment of the ASEANCommittee on the implementation of the ASEAN Declaration

2007 October - formation of the ACMW (ALMM/SLOM)

2008-2011 stalled discussion over the Instrument for the protectionof migrant workers

The 4th ACMW DT Meeting in Manila, September 2011agreed tocontinue discussing gradually through Phases and to find issuesthat have commonalities and comfortable to all:

Phase 1: regular migrant workers (by end 2012)

Phase 2: irregular migrant workers (by end 2013)

Phase 3: legal status of the Instrument (by end of 2014)


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Norms/Instruments

Children

Declaration onCommitmentson for Children

in ASEAN(August 2001)

Ha NoiDeclaration onTheEnhancementof Welfare and

Development ofASEAN Womenand Children ;28 Oct 2010

Women

Declaration onthe Eliminationof Violence

Against Womenin the ASEANRegion; 30 June2004

Ha NoiDeclaration onThe

Enhancementof Welfare andDevelopment ofASEAN Womenand Children ;28 October2010

Trafficking

1997 ASEANTransnational Crime

ASEAN Declaration

Against Traffickingin PersonsParticularlyWomen andChildren; 29November 2004

ASEAN PractitionerGuidelines on

Effective CriminalJustice Responsesto Trafficking inPersons (2007)

Leaders JointStatements on TIPsin Southeast Asia,May 2011.

Migrantworkers

ASEAN Declarationon the Protectionand Promotion of

the Rights ofMigrant Workers 13January 2007,Cebu, Philippines


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2ndC: Convention:Standard-Setting Scenario

Article 4.2 of the TORAICHR: to develop an

ASEAN Human RightsDeclaration with a view toestablishing a frameworkfor human rightscooperation through

various ASEAN conventionsand other instrumentsdealing with human rights

Is adopted on 18November 2012, during the21st ASEAN Summit

Is the effort to universalizehuman rights at theregional level, orregionalize the universalpolitical commitment ofhuman rights

ASEANCharter,

Article 14,2008

Terms ofReferenceon AICHR,

2009

ASEANDeclarationon HumanRights, 2012

Conventionson Human

Rights inASEAN?


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ASEAN HUMAN RIGHTS DECLARATION

Is A TWO-IN-ONE DOCUMENT: 1) PHNOM PENHSTATEMENT, and 2) AHRD

PHNOM PENH STATEMENT with signatures of ASEANLeaders, Article 3:

REAFFIRM further our commitment to ensure that theimplementation of the AHRD be in accordance with Ourcommitment with the Charter of the United Nations, the

Universal Declaration of Human Rights, The ViennaDeclaration and its Programme of Action, and otherinternational human rihts instrument to which ASEANMembers Sttes are parties,as well as relevant ASEANdeclarations and instruments pertaining to human rights


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ASEAN Human RightsDeclaration

IS CONSISTED OF:

Preamble

General Principles

Civil and Political Rights Economic, Social and Cultural Rights

Right to Peace

Right to Development

Cooperation on the Promotion and Protection of Human Rights

GENERALLY, THE CONTENT IS GOOD. Some Article has goodformulation of rights, compare with the UDHR


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INCLUSION OF CSOS INPUTS IN AHRD

Article 9: . The process of such realisation shall take intoaccount peoples participation, inclusivity and the need foraccountability.

Article 22: ... All forms of intolerance, discrimination andincitement of hatred based on religion and beliefs shall beeliminated.

Article 27 (3) Those who employ children and youngpeople in work harmful to their morals or health, dangerous

to life, or likely to hamper their normal development,including their education should be punished by law.

Article 36: ASEAN Member States should adoptmeaningful people-oriented and gender responsivedevelopment programmes aimed at poverty alleviation

Total erasure on the section on duties and responsibilities


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The content of AHRD is a reflection of difficult negotiationbetween two extreme position on human rights anddemocracy in ASEAN

AHRD starts with REAFFIRMATION of states internationalobligation to human rights, and ends with the recognition ofnon-derogable rights. But the general principles of AHRD arenot inline with international human rights standards.

The process had been closed for civil society. Twoconsultations with CSOs were conducted and twoconsultations with ASEAN sectoral bodies without sharing theworking draft

Public only know the final draft after the adoption, Nov 18,

2012


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CSOs positions toward AHRD


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AFTERTHOUGHTS AHRD is a political document with the context of democratic

deficits in ASEAN

The challenge is now how to make AHRD promote reform indomestic politics & how to use AHRD to make ASEAN function as aruled-based organization

We should not be idealistically naive, but rather more tactical andstrategic when dealing with ASEAN. We know how the game isplayed or unfairly played, so let us play it well

Let us look at the declaration as a means to an end, a livingevolving document.

Many international law and standards including in the field ofhuman rights continue to expand with time as cultural normsevolved. New demands would be made for legal instrument to

keep up with the development


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What next?

ACCOUNTABILITY EXERCISE:

We are of the opinion that AICHR should not rush to draftany convention on human rights. Not now, maybe in next10-115 years

Annual Report on Human Rights in ASEAN

Put all mandates of AICHR, especially Article 4.10 of AICHRto obtain information from Member States into reality by

using AHRD Monitor ASEAN Ministerial Meeting proceeding to what

extent AHRD has been used to bring human rights issues onthe table (using its Joint Communique)

Review TOR AICHR in 2014


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TOR AICHR REVIEW in 2014

It is the time when we can work together to make AICHR

as an INDEPENDENT HUMAN RIGHTS MECHANISM bychanging the selection process of AICHR

To make AICHR accessible by pushing the body tofinalize a democratic guideline on engaging civil society,including receiving complaints on human rights and

sharing information topublic

To make AICHR a responsive body by changing itsmandate to be be able to respond the issues by havinga fact-finding mission, investigation


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Civil Society Involvement during andafter the drafting of TOR AICHR


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TOR AICHR & Its Timelines

Protectionof HRs

Promotionof HRs


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What to Review?

Based-on Cha-Am Declaration Objective of the Review: to strengthen the mandate and

functions of the AICHR in order to further develop mechanisms onboth the protection and promotion of human rights.

Indicator 1: Has AICHR provide an ASEANs commitment to pursue

forward-looking strategies to strengthen regional cooperation onhuman rights?

Indicator 2: Has AICHR serve as a vehicle for progressive socialdevelopment and justice, the full realization of human dignity and theattainment of a higher quality of life for ASEAN peoples?

Indicator 3: Has AICHR receive full support and provision of adequate

resources by ASEAN Member States? Indicator 4: Has AICHR acknowledge contribution of stakeholders in

the promotion and protection of human rights in ASEAN, andencourage their continuing engagement and dialogue with theAICHR?

Indicator 5: Has ASEAN cooperation on human rights support the

evolution of AICHR as an overarching institution?


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CIVIL SOCIETY

ENGAGEMENT WITH ASEAN


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It is about

building ademocratic

dialogue inASEAN

Since the adoption of ASEAN Charter in2008, much was said about engaging civilsociety, respecting human rights,promoting democracy and about goodgovernance in ASEANs high-levelstatements and documents.


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ASEAN Guideline for theEngagement with Civil Society

2006S GUIDELINE

Member states are still in controlof deciding who can in and whocannot

The participation is perceived asprivilege

The participation is notunderstood as RIGHT. It is morelike stick and carrot

The affiliation is used as a way tocontrol

The affiliation to ASEAN is apolitical issue rather than a onlyadministrative requirement

CSOs are not seen as partners indeveloping ASEAN Community

2012S GUIDELINE Generally better than the 2006s

As a general rule, only a CSOwhose membership is confined

to ASEAN nationals may beconsidered for accreditationwith ASEAN;

Approval of application foraccreditation of a CSO withASEAN shall be based primarilyupon the assessment of the

positive contribution which sucha CSO could make to theenhancement, strengtheningand realisation of the aims andobjectives of ASEAN


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Current CS Engagement withHuman Rights Mechanisms

AICHR

AICHR only want to meet with

those who are affiliated with theASEAN Charter

The newly adopted AICHR

Guideline of Operation silent on

CS engagement Two consultations o AHRD: June

22, and Sept 12 Consultation only happen in

Indonesia, Thailand and the

Philippines

CS continue to submit inputs,

reports, papers to AICHR CS is a sensitive issue in AICHR,

but during their visit to US, they

met US-based CSOs

ACWC

Started with Informal Dinner (2011),Informal Session (2011), Joint-Workshop (2012), Formal Session(2012)

Informal Session: 9 out of 20 Repsattended

Informal Session: 16 out 20 Repsattended

Joint-Workshop: 18 out of 20 Repsattended

Formal Session: 20 Reps attended Good Result, Good process,

substantive discussion, cordialambiance

Inputs from CS have beenincluded in the referencedocuments of the ACWC

The initial suggestion to erase civilsociety & international standardsin TOR ACWC has been put down

ACWC uses inputs from CS informulating their positions

ASEAN Ci il S i t


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ASEAN Civil SocietyConferences/ASEAN Peoples Forums2005-2013

Year Place The Name of the Event

2005 Shah Alam,

Malaysia

1st ASEAN Civil Society Conference (ACSC)

2006 Cebu, thePhilippines

2nd ASEAN Civil Society Conference (ACSC)

2007 Singapore 3rd ASEAN Civil Society Conference (ACSC)

2009 Bangkok,

Thailand

4th ASEAN Civil Society Conference (ACSC)/ 1st ASEAN

Peoples Forum (APF)

2009 Hua Hin,Thailand

5th ASEAN Civil Society Conference (ACSC)/2nd ASEANPeoples Forum (APF)

2010 Hanoi, Vietnam 6thASEAN Peoples Forum (APF)

2011 Jakarta,Indonesia

ASEAN Civil Society Conference (ACSC)/ ASEAN PeoplesForum (APF) 2011

2012 Phnom Penh,

Cambodia

ASEAN Civil Society Conference (ACSC)/ ASEAN Peoples

Forum (APF) 2012March & November

2013 Brunei ASEAN Civil Society Conference (ACSC)/ ASEAN Peoples

Forum (APF) 2013April

2014 Myanmar ?


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What has been the collective knowledge weproduced through 8 years ACSC/APF?

Mainly: ILO,UNFCCC, CEDAW,UNCRC, UNDRIP,&MDGs

Against unjust FTA,privatization,

Reject neoliberaleconomic policies

Democracy

Human Rights

Transparency

Accountability

Particularly:Women & Youth,Indigenous People/ Ethnic Minority,and CSOs

ASEANs Alternative Regionalism(Source: HRWG Study, 2011)


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CSO Platforms in engaging ASEAN

Name frequent Engaging the body

ACSC/APF annually ASEAN SUMMIT Head ofStates/Governments

ASEAN Disability Forum (ADF) annually

ASEAN Youth Forum annually

ASEAN Grass-root PeopleAssembly

annually

ASEAN Community Dialogue annually ASEAN CommitteePermanent Representatives(CPR)

CPR

Civil Society Forum to AMM onhuman rights

annually ASEAN Ministers Meeting(AMM)

Foreign Ministers

Informal Dialogue between CSOand ASG

annually ASEAN Secretary General(ASG)

Secretary General

Jakarta Human Rights Dialoguein ASEAN

annually ASEAN Human RightsMechanisms

AICHR, ACWC

GO-NGO Forum on SocialWelfare & Development

annually ASEAN Senior OfficialMeeting on SWD

SOM officials


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Leaders Interface Meeting with CS

Year ACSC/APF Process (Track III/CS) ASEAN ISIS Process (Track II/Think Tank)

2005,Malaysia

1st ACSC/ ASEAN Civil SocietyConference in Shah Alam15 Minute MeetingMixed Delegation of 10 and 10ASEAN Heads of State

2006,Philippines

2nd ACSCNo Interface Meeting withLeaders

APA/ASEAN Peoples Assembly byASEAN ISIS (process recognized byASEAN Chair) in ManilaNo Interface Meeting with Leaders.Instead Reading of APA ChairmansReport

2007,Singapore

3rd ACSCNo Interface Meeting withLeaders

ACSC 2007 by SIIA Simon Tay (processrecognized by ASEAN Chair)No Interface Meeting with Leaders.Instead Reading of ACSC 2007

Chairmans Report


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Leaders Interface Meeting with CSYear ACSC/APF Process (Track

III/CS)

2009,February,Bangkok

4th ACSC (within the 1stASEAN Peoples Forum)30 minute Interface between CS Delegation and ASEAN Heads ofStateHua-Hin, Thailand was divided into two sections. The first 15 minuteswas for the meeting with CS Delegates and the rest 15 minutes was

for those who have been rejected by the Rep of Government(Myanmar and Cambodia)

2009October,Cha-am

2ndASEAN Peoples Forum/5th ASEAN Civil Society Conference15 minutes, Interface Meeting between CS Delegation (somegovernment appointed) and ASEAN Heads of State (optional)

2010Hanoi

6th APFNo Interface Meeting with Leaders. Instead CS Reps met with Chairof ASEAN, the Vice Prime Minister of Vietnam.

Recognition of the process. ASEAN Chairmans statement: 2paragraphs appreciation of organizing of the APF and took note of


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Year ACSC/APF Process (Track III/CS)

2011,Jakarta

10 persons representing 10 countries45 minutes (additional 15 mins from earlier agreement 30 mins)4 speakers (extended from initially only one speaker allowed)Time: 15:45

10+1 (HoS/G + Foreign Min), ASG + DSG Corp and CommAffairsIndonesias President greets all CS Delegates at the doorIndonesias President welcomes CS Delegates, makes speechand allows CS Delegate to speakAll delegates introduce themselves by mentioning the nameand followed by I am from ASEANIndonesias President, Malaysia PM Najib, Razak, Thai PM AbishitVejajiva, and PM Vietnam Nguyen Tan Dzung responded (seeAnnexes)Indonesias President gives closing remarks and walks toward

the CS Delegate and shakes their hand one by one. All leaders


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Year ACSC/APF Process (Track III/CS)

2012,PhnomPenh

Head of States met representatives from GONGOs of 8countries (absent: Indonesia and the Philippines)30 minutes

Topic: gender and development

2013,Brunei


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CULTIVATING GAINS Civil Societys role is visible in ASEAN community building

Civil Society engagement improve the accountability ofASEAN. A critical and watchful civil society is a factor ofparamount importance for good governance

Growing discussion on governance and government,people-oriented versus people-centered organization

ACSC should remain as one of the key platforms which civilsociety uses to exchange ideas and advance their inputs to

ASEAN leaders and relevant policy-makers

Civil-Society should maintain its process as civil society-ledand show willingness and readiness to engage with ASEANand its Member Government

He organizing of ACSC should be improved from time to

time through trying and experiencing

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