Preparatory Meeting:a. The 2013 Dialogue between ASG, ASEC, CSO Representatives, b. the 2nd ASEAN Community Dialogue with CPR, c. the 2nd JHRD

Yuyun Wahyuningrum, Senior Advisor on ASEAN and Human Rights, Human Rights Working Group (HRWG)

Grand Hyatt, Jakarta, 31 October 2013

Expected Outputs

• Participants are well informed about the character of each dialogue meeting

• Participants come up with statement/talking points to different actors in each dialogue meeting

• Participants will be bale to maximize the platform for their advocacy’s goal

CSO Platforms in engaging ASEAN

Name frequent Engaging the body

ACSC/APF annually ASEAN SUMMIT Head of States/Governments

ASEAN Disability Forum (ADF) annually

ASEAN Youth Forum annually

ASEAN Grass-root People Assembly annually

ASEAN Community Dialogue annually ASEAN Committee Permanent Representatives (CPR)

CPR

Civil Society Forum to AMM on human rights

annually ASEAN Ministers Meeting (AMM) Foreign Ministers

Informal Dialogue between CSO and ASG

annually ASEAN Secretary General (ASG) Secretary General

Jakarta Human Rights Dialogue in ASEAN

annually ASEAN Human Rights Mechanisms AICHR, ACWC

GO-NGO Forum on Social Welfare & Development

annually ASEAN Senior Official Meeting on SWD

SOM officials

ASEAN Community Dialogue, 2012

Informal Dialogue with ASEAN Secretary General, 2012

Meeting with Minister Foreign Affairs, 2012

It is about building a

democratic dialogue in

ASEAN

Since the adoption of ASEAN Charter in 2008, much was said about engaging civil society, respecting human rights, promoting democracy and about good governance in ASEAN’s high-level statements and documents.

Justification• The common problems faced by regional inter-governmental bodies,

including ASEAN: • a) institutional deficiencies as a result of the inability of member states to

empower their organizations with real authority/mandate to deal inter alia with political instability, poverty, and human rights violations; and

• b) the alienation of citizens from making their voice heard in political deliberations.

• In fact, the ASEAN Charter sets out the norms of behavior for member states in relation to their citizens.

• The Charter and the Roadmap for the ASEAN Community, ASEAN is expected to perform in a more transparent, accountable, efficient, predictable, responsive and people-oriented way

• Article 7.1 (TOR AICHR) mandates ASG to bring the attention of AICHR on human rights issues in the region

BACK-TO-BACK DIALOGUE MEETING (1-3 Nov 2013) - Program

• 31 October – CSO Preparatory Meeting• 1 November 2013 • (10:00-12:00am) 2nd ASEAN Community Dialogue: Luncheon

with ASEAN CPR• (2-5pm) 2013 Dialogue between ASEAN Secretary General, the

ASEAN Secretariat, and the Representative of Civil Society Organizations

• Debriefing• Reception at the Residence of the Ambassador of Switzerland

• 2-3 November: the 2nd Jakarta Human Rights Dialogue

The 2013 Dialogue Between ASG, ASEC and the Representative of CSOs

• ASEAN Secretary General is mandated to "facilitate and monitor progress in the implementation of ASEAN agreements and decisions, and submit an annual report on the work of ASEAN to the ASEAN Summit" (Charter, Article 11.2b).

• ASG also has the additional task to bring to the attention of the ASEAN Intergovernmental Commission on Human Rights (AICHR) all relevant human right issues and to concurrently inform the ASEAN Foreign Ministers (AICHR’s TOR, Article 7.1)

• With this mandate, the ASG is in an important position to:• Bridge the relationship between civil society and member states• Bring the concerns of civil society on human rights issues to the

AICHR and to the Foreign Ministers

CSO DIALOGUE IN THE LAST 5 YEARSYears

2009, Jakarta ASEAN Forum on Human Rights: Dialogue between the ASEAN Secretary General and Southeast Asia’s CSO

ASG brought the attention of AICHR on the importance of engaging civil society in their meetings in ASEC

2010 -

2011, Jakarta ASEAN Forum on Human Rights: Informal Dialogue between the ASEAN Secretary General and Southeast Asia’s CSO

ASG brought the attention of AICHR on the importance of engaging civil society in their meetings in ASEC

2012, Jakarta ASEAN Forum on Human Rights: Informal Dialogue between the ASEAN Secretary General and the Representative of CSO

This platform has generated the 1st ASEAN Community Dialogue with CPR and the 1st Jakarta Human Rights Dialogue

2013, Jakarta ASEAN Forum on Human Rights: The 2013 Dialogue between ASEAN Secretary General, ASEAN Secretariat, and the Representative of CSOs

Achievements• The inclusion on the civil society’s call upon AICHR to ascertain that

AHRD will not fall below the standards set out in the Universal Declaration on Human Rights (UDHR) in the TOR Drafting Group of the AHRD.

• Dialogue’s recommendation to create a full-fledge secretariat for AICHR in order to improve its work of AICHR has been included in the Chairman’s Statement of the 20th ASEAN Summit in April 2012

• ‘Dialogue is now a new normal in ASEAN’ – according to Surin Pitsuwan – there has been a change of behavior in ASEAN towards dialogue incl. with CSOs

• Dialogue between ASG and CSO has generated similar initiatives such as ASEAN Community Dialogue (with CPR) and the Jakarta Human Rights Dialogue (with AICHR)

The 2013 Dialogue between ASG, ASEC and the Representative of CSOs

• Expanding participants: NGOs + Think Tank/ Academes + Youth. Different sector of NGOs

• Looking forward to make it institutionalized• CSIS-HRWG-Swiss Embassy in Jakarta• Invitation only• Will be started at 14:00-16:30• Topic: Human Rights aspect in ASEAN Community

building: the role of civil society• Statement (talking points)

COMMUNITY DIALOGUE between ASEAN CPR & Civil Society• Initiated by Permanent Representative of Indonesia,

HRWG, CSIS and Swiss Embassy in Jakarta• Purpose: to come up with a common understanding on

the changing ASEAN and identify strategic role of civil society in building up the ASEAN’s people-centered Community.

• First Time, Not easy to bring all CPRs together for this meeting. Not open for media (at the moment).

• Emphasize: make the dialogue smooth and successful so we can establish good practice for replication in the coming years

• Possible topic for 2013: ASEAN Community post 2015, the involvement of CSO,

BACKGROUND16 December 2009, at ASEAN Secretariat, during the first year anniversary of ASEAN Charter

Surin Pitsuwan: ASEAN should have a Dialogue Forum to exchange views between ASEAN and its stakeholders on three pillars. This statement was reflected in ASEC Press Release, 2009

2010 No action/follow up from ASEC

24 November 2010 at Penang Bistro, Jakarta, CSO Consultation with MFA Indonesia for Indonesia’s agenda in 2011’s chairmanship

The idea of COMMUNITY FORUM with ASEAN stakeholders was discussed with MFA Indonesia

8-10 December 2010, Lumire Hotel, Jakarta, Indonesia’s CSO Prep Meeting for 2011’s chairmanship

CSO recommended a Community Dialogue to ASEAN

BACKGROUND2011 MFA DG ASEAN picked up the idea to be the

benchmark of the ASEAN Anniversary. Wanted to started with Indonesia’s Community Dialogue on ASEAN

7 January 2011 DG ASEAN planned to launch the idea in February. Minister Natalegawa mentioned it in his annual press statement

12 January 2011, ASEC Press Release

Minister Natalegawa repeated the statement on 12 Jan 2011 at the ASEAN Secretariat during the Ceremony of Handing Over the Chair of CPR from Vietnam to Indonesia

From 2011 to 2012 PR Indonesia took CPR Members to meet civil society, media, universities, think tanks, parliament members, local governments as a way of practicing engagement

Visits from 2011-2012CPR Met stakeholders in Lombok, Indonesia, 2011

CPR Visited The Jakarta Post, 2012 (Photo: courtesy of TJP)

ASEAN Organization Chart

About CPR ASEAN• CPR stands for Committee Permanent Representatives in ASEAN.

They are Country’s Ambassadors to ASEAN and based in Jakarta• The establishment of CPR is based on the ASEAN Charter Art. 12. • Mandates and Functions:• Support the work of Community Councils and ASEAN Sectoral Bodies

at ministerial level;• Coordinate with ASEAN National Secretariats and Agencies ASEAN

Sectoral Ministerial another;• Be a liaison to the Secretary-General of ASEAN and the ASEAN

Secretariat in all areas relevant to the job;• Facilitate ASEAN cooperation with external partners,

About CPR ASEAN• In support of the work of ASEAN Community Council, CPR

has the following duties and functions:• Increasing cooperation in each sector to support ASEAN

integration and community building by monitoring / monitoring follow-up report from the Sectoral Bodies under three Community Councils;

• Doing Coordination between the pillars Community and ASEAN sectoral meetings to support policy coherence and coordination, and

• Assist in the delivery of various reports and recommendations

• With AICHR and ACWC, CPR has a role to provide recommendations on their work-plan and budget as consideration of ASEAN Foreign Ministers’ approval

Update on CPR’s Works• CPR ASEAN is assisted by two (2) Working Group, each of which handles

administrative and budget as well as development cooperation (development cooperation).

• Since its inauguration, CPR ASEAN has produced a variety of conditions, rules and procedures, terms of reference for the establishment of new mechanisms after the entry into force of the ASEAN Charter and coordinate the cooperation with ASEAN partners.

• CPR ASEAN meets regularly every month, both internally or inviting the Ambassador or representative dialogue partner countries or ASEAN's external partners and international organizations.

• CPR ASEAN delivers its report to ASEAN Coordinating Council.• To date, CPR ASEAN has initiated various activities in cooperation with the

States Ambassador to non-ASEAN based in Jakarta. • Up to now, there are 52 non-ASEAN countries have appointed ambassador to

ASEAN.

CPR ASEAN

Brunei DarussalamH.E. Emaleen Abdul Rahman Teo

Kingdom of CambodiaH.E. Amb. Kan Pharidh

Republic of IndonesiaH.E. Amb. Ngurah Swajaya

CPR ASEANLao PDRH.E. Amb. Latsamy Keomany

MalaysiaH.E. Dato’ Hasnudin Hamzah

Republic of the Union of MyanmarH.E. U Min Lwin

Republic of the PhilippinesH.E. Elizabeth P. Buensuceso

CPR ASEANRepublic of SingaporeH.E. Tan Hung Seng

Kingdom of ThailandH.E. Suvat Chirapant

Socialist Republic of VietnamH.E. Mr. Vu Dang Dung

JAKARTA HUMAN RIGHTS DIALOGUE

• Topic: Prevention of Torture• Objective: • To map best practices to prevent torture that are practiced in ASEAN Member States,

and,• To develop regional plan of action to implement the Article 14 by exploring the

experiences of other regional human rights mechanisms such as in African Commission on Human and People’s Rights (ACHPR) and Inter-American Commission on Human Rights (IACHR).

2013 Dialogue with ASG, ASEC

• Human Rights aspect in ASEAN Community building: the role of civil society• How should the new ASEAN organs,

like the AICHR and ACWC relate to each other and with the other ASEAN organs?

• How should all of ASEAN’s organs relate to its people and stakeholders?

• CSO involvement in ASEAN community building

• There are structural and existential issues that all intergovernmental organizations experience. ASEAN will not be able to avoid these problems in its formative years in the post-Charter period

• How ASG and ASEC can accountable to the people

• TOR AICHR Review 2014

2nd ASEAN Community Dialogue, 2013Suggested topic:• CSO Involvement: opportunities and

challenges• Assessment ASEAN Community 2015• ASEAN Community post 2015• ASEAN Charter review:

• The prescription of rules and procedures of each ASEAN Community Council (Art 21)

• The provision of good offices, conciliation or mediation as requested by parties to the dispute (Art 23)

• The settlement of disputes which concern the interpretation or application of ASEAN economic agreements (Art 24)

• The establishment of dispute settlement mechanisms (Art 25)

• The development of the capacity to monitor compliance with the findings, recommendations or decisions resulting from an ASEAN dispute settlement mechanism (Art 27)