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Culture and Rights in

ASEANYuyun Wahyuningrum, Senior Advisor on ASEANand Human Rights, based in JakartaE-mail: wahyuningrum@gmail.com

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About ASEANFoundingMembers

Thailand

Malaysia

Indonesia

Philippines

SingaporeAdditionalMembers

BruneiDarussalam1984

Viet Nam 1995 Lao PDR 1997 Myanmar 1997 Cambodia 1999

Population575 millionArea4.5 million square km.Main religionsIslam Buddhism CatholicismCombined GDPUSD $ 737 BillionTradeUSD $ 720 BillionHome to great ethnic, cultural and religious

diversity

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Culture in the three

CommunitiesPolitical-Security

Support theinclusion ofcuture of peace,which include,inter alia, respectfor diversity,promotion oftolerance andunderstanding offaiths, religions

and cultures inthe university(Para A.1.9)

Economic

No mentionabout culture butdiversity as itputs :turning thediversity thatcharacterizes theregion intooppotunities forbusiness

complementationmaking ASEAN amore dynamicand strongersegment of theglobal suplychain Para 3

Socio-Cultural

The community shallnurture talent andpromote interaction

among ASEANscholars, writers,artists and mediapractitioners to helppreserve andptomote ASEANsdiverse, cultureheritage whilefostering regional

identity as well ascultivating peoplesawareness ofASEAN Para 5

AHRD

Every person hasthe right, individuallyor in association with

others, to freely takepart in cultural life, toenjoy the arts andthe benefits ofscientific progressand its applicationsand to benefit fromthe protection of themoral and material

interests resultingfrom any scientific,literary orappropriate artisticproduction of whichone is the author.Article 32

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RIGHTS & CULTURE in the 2000

ASEAN Declaration On Cultural

HeritagePara 3 - FOUNDATION FOR A REGIONAL ORDERA Regional order is based on equal access to cultural opportunities, equalparticipation in cultural creativity and decision-making, and deep respect for thediversity of cultures and identities in ASEAN, without distinction as tonationality, race, ethnicity, sex, language or religion;

Para 4 REGIONAL VISIBILITY

Cultural creativity and diversity guarantee the ultimate viability of ASEANsocieties;

Para 5 HUMAN DEVELOPMENT

Cultural rights and freedom are inherent in the human person who is themain agent and consequently should be the principal beneficiary of, andparticipate actively in the realization of these heritage, expressions and rights;

Para 6 FORMATION OF REGIONAL IDENTITY

Cultural traditions are an effective means of bringing together ASEANpeoples to recognize their regional identity;

Para 7 TOOLS TO UNITE PEOPLE AROUND SOUTHEAST ASIA

Cultural rights draws sustained inspiration from the deep historical, linguistic,and cultural unity and linkages among Southeast Asian peoples

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How ASEAN define Culture & Cultural

Rights?

ASEAN Declaration OnCultural Heritage, 2000

Culturemeans the whole

complex of distinctive

spiritual, intellectual,emotional and material

features that characterize

a society or social group. It

includes the arts and

letters as well as humanmodes of life, value

systems, creativity,

knowledge systems,

traditions and beliefs.

AHRD, 2012

Five human rights are generallyunderstood as cultural rights (article32):

1. The right to education;

2. The right to participate in culturallife;

3. The right to enjoy the benefits ofscientific progress and its

applications;

4. The right to benefit from theprotection of the moral andmaterial interests resulting fromany scientific, literary or artisticproduction of which the person isthe author, and

5. The freedom for scientific

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How Culture has been used to

frame rights in ASEAN?As a limit to the realization of rights:

The exercise of human rights and fundamental freedomsshall be subject only to such limitations as are determined by lawsolely for the purpose of securing due recognition for the humanrights and fundamental freedoms of others, and to meet the justrequirements of national security, public order, public health,

public safety, public morality, as well as the general welfare ofthe peoples in a democratic society (Para 8 AHRD)

To signify the formation of regional identity/ challengeuniversality

At the same time, the realisation of human rights must beconsidered in the regional and national context bearing in mind

different political, economic, legal, social, cultural, historical andreligious backgrounds. (Para 7 AHRD)

To promote human rights within the regional context, bearing inmind national and regional particularities and mutual respect fordifferent historical, cultural and religious backgrounds, andtaking into account the balance between rights andresponsibilities (Article 1.4 TOR AICHR)

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How Culture has been used to

frame rights in ASEAN?

Inherent part of the human rights

Every person has the right, individually or in

association with others, to freely take part in cultural

life, to enjoy the arts and the benefits of scientific

progress and its applications and to benefit from theprotection of the moral and material interests resulting

from any scientific, literary or appropriate artistic

production of which one is the author.Article 32

to decide who can come in/out indigenous people/ethnic minorities, refugees, Rohingya

To lightened the debate into the least common

denominator

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Case Studies: Indonesia

Gender Equality DraftLaw challenging Sharia

Aceh and other parts ofIndonesia

Sharia, punk-rock,banning women straddleon motorbikes, no

trousers for women,female circumcision,divorce, etc

Legal pluralism

Which groups gotmarginalized?

Women

LGBTIQ

Indigenous people

Religious minority

Ethnic minority

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Cultural rights remain the most acceptable topicacross different ideologies, political systems, interestsin ASEAN, but at the same time it offers some threatsespecially when it comes to take different path fromthe mainstreamed one.

The inclusion of cultural rights in AHRD should give aconcrete legal and policy framework as well asmechanisms of monitoring and of possibleinternational cooperation and assistance in the areaof respecting, protecting, and fulfilling the right to

culture. Nevertheless, ASEAN rather use culture forpolitical purposes.

How culture link with two important institutions: thepower and the house of truth.

How universal it is the right to culture?