ASEAN Human Rights

DECLARATION
 What is ASEAN
Regional Inter-governmental
Organization

10 members
4.5million sq kms
570million people (growth1.5%)
8 August 1967
 Bangkok Declaration
 cooperation in the economic, social, cultural, tec
hnical, educational and other fields,
 promotion of regional peace and stability throug
h abiding respect for justice and the rule of law
and adherence to the principles of the UN Chart
er.
 Representing the collective will of the nations of
Southeast Asia to bind themselves together in fri
endship and cooperation and, through joint effor
ts and sacrifices, secure for their peoples and for
posterity the blessings of peace, freedom and
prosperity
 Context: 1960s
 Conflict:
– Indonesia-Malaysia (Konfrontasi 1962-66),
– Philippines-Malaysia (over Sabah)
– Singapore secession from Malaysia
– Mindanao, Southern Thailand
 Poor
 Communism
– Cold War, arms race, proxy wars
– Indochina War: Vietnam, Laos Cambodia
– Burma: 1962
 Marcos, Suharto, Thanom, Lee, Abdul Rahman
 Stages of Development
 First 10 years (1967-1976): establishment,
solidarity, dialogue partners
 The next 20 years: (1977-1997):
expansion (5, 6, 9, 10)
 The next 10 years: (1998-2007): vision,
formalisation
 The next 7 years: (2008-2015):
Community building
 ASEAN Today: Diversity
 Diversity
 Political systems: Democracies,
Dictatorships, Monarchy
 Economic development
– HDI (2004): Rank 25 to 133
– GDP (2006): $208 to $29,499
 Economic systems
 SOCIO-
SECURITY ECONOMIC
•Rules based, •Single Market and CULTURAL
shared norms and production base •Human
values •Competitive Development
• Cohesive, •Social Welfare
peaceful, stable, economic region
resilient with •Equitable and Protection
shared Economic •Social justice and
responsibility rights
•Dynamic and development
Outward looking •Integration into •Environmental
global economy Sustainability
•ASEAN Identity

ASEAN Charter
 What is HUMAN RIGHTS?
Rational - ability to think,
Basic needs, e.g. food, weigh things, make
clothing, shelter, decisions
health, education, rest
& recreation, etc
Social Being

Born with DIGNITY

Enjoy freedom,
mobility

Everyone is born with human

dignity. It is inherent and
 The dignity of an individual cannot and should not be divided inborn, inalienable and
into two spheres:
indivisible.
 Civil and Political ------- Freedom from FEAR
 Economic, Social and Cultural ---- Freedom from WANT

 DIGNITY is the fountain of RIGHTS – the

WHOLENESS of human person.
Preamble:
“…recognition of the inherent dignity and of
the equal and inalienable rights of all
members of the human family is the
foundation of freedom, justice and peace in
the world…”

Universal Declaration
of Human Rights
(UDHR)
10 December 1948
 Universal

Inherent Inalienable
NON-
DISCRIMINATION

Indivisible Interrelated
 CORE INTERNATIONAL
HUMAN RIGHTS INTRUMENTS

UDHR

ICCPR ICESCR

CR CEDA CA CER
C W T D
MW CRP ICAE
C D D
What is a DECLARATION?
 Process of the Drafting of the
ASEAN Human Rights
Declaration
 Devoid of meaningful consultation with
the people

 Draft Declaration prepared by AICHR still

falls short of international human rights
law and standards
 Draft ASEAN HUMAN RIGHTS
DECLARATION
 Imposing overarching limitations and conditionality on the
enjoyment of rights:
 Several “General Principles” in the draft Declaration appear to grant ASEAN
Member States wide, overarching discretion to withhold respect for any or all of
the rights in the Declaration on vague and sweeping grounds; including
“national and regional contexts; “different cultural, religious and historical
backgrounds” “national security” “public morality” and rights being “balanced
with the performance of duties.” This appears to reflect a view that the
interests of governments take precedence over the rights of the people – in
direct contradiction to the universal principle of “inalienable” human rights.

 Lack of clear commitment not to lower human rights

protections:
 While the draft Declaration provides an article on interpretation, as proposed
by CSOs, it fails to ensure, clearly and unequivocally, that the Declaration
cannot be interpreted as providing standards of protection that are lower than
universally agreed human rights standards and leaves too much room for those
wishing to lower protections.
 Subjugating rights to national laws:
 Several provisions subjugate the protection of certain human rights
to national laws. These include the right to life, the right to seek
asylum and the right to form a family. This will allow states to avoid
human rights obligations by enacting legislation that would restrict
these rights

 A restricted and excluding provision for

non-discrimination:
 the provision for non-discrimination provides a limited list of
prohibited grounds for non-discrimination which fails to reflect
developments in the understanding of this key human rights and
may be intended to exclude certain groups.
 Failure to protect the rights of specific groups:
 The rights of individuals, groups and peoples whose rights are subject
to frequent and systematic attacks in ASEAN, and therefore deserve
specific protection, as developed in international human rights
standards, are either mentioned in one or two words or not mentioned
at all. Women, children, older persons, persons with disabilities,
migrant workers are barely mentioned, whereas the rights of
minorities, LGBT/Q persons, Indigenous Peoples and persons deprived
of liberty get no mention at all.

 Provisions for specific rights which are vague, weak

or otherwise fall below international standards:
 While many specific provisions are clear and reflect international
human rights standards, and some even provide a progressive
approach, the formulation of several other rights lack clarity, precision
or else fail to protect the right fully. These include the provisions on
the right to life, freedom from enforced disappearances, right to
health, right to sustainable developments and many others.
 CSO COUNTER-PROPOSAL

 The ASEAN Peoples’ Human Rights

Declaration – Summary

– We, the peoples of the Southeast Asian region, proclaim

this Declaration as a common standard of commitment
and achievement for all peoples and all nations, in the
ASEAN region and beyond, to the end that every
individual and every organ of society, keeping this
Declaration constantly in mind, shall strive to secure
respect for these rights and their universal and effective
recognition and observance.
 Draft AHRD
Conceptual framework
 Article 1: Inherent dignity of all humans

 Article 2: Universality, indivisibility and

interdependency of rights

 Article 3: Purpose of Declaration: promote,

protect and fulfil the equal enjoyment of all
human rights
 General Principles
 Article 4: The following principles underline this
Declaration:
– Non-discrimination.
– Equality of men and women.
– ASEAN Member States must protect, respect and fulfil the rights in the
Declaration
– Right to an effective and enforceable remedy for violations of human
rights.
– Rights to be exercised with due regard to the rights and freedoms of
others.
– ASEAN Member states must observe international law in ensuring
rights.
– ASEAN Member States must exercise due diligence to prevent, punish
and ensure reparation for human rights abuses by non-state actors.
 Civil and Political rights
 Article 5: Right to life
 Article 6: Freedom from slavery
 Article 7: Right to have physical, mental, and moral integrity respected
 Article 8 : Freedom from torture and other ill-treatment
 Article 9: Freedom from enforced disappearance
 Article 10: Right to recognition and equality before the law
 Article 11: Right to remedy
 Article 12: Right to liberty and security of the person
 Article 13: Right to a fair trial
 Article 14: Right to privacy
 Article 15: Freedom of movement
 Article 16: Right to seek and enjoy asylum
 Article 17: Right to a nationality
 Article 18: Right to found a family
 Article 19: Freedom of thought, conscience and religion
 Article 20: Freedom of opinion and expression
 Article 21: Right to peaceful assembly and association
 Article 22: Right to participate in government
 Economic, Social and
Cultural Rights
 Article 23: Right to work
 Article 24: Rights of migrant workers
 Article 25: Right to property
 Article 26: Right to a cultural life
 Article 27: Right to adequate standard of living
 Article 28: Right to social security
 Article 29: Right to health
 Article 30: Right to education
 Article 31: Right to a healthy and sustainable
environment
 Rights of specific individuals,
groups and peoples
 Article 32: Rights of women
 Article 33: Rights of the child
 Article 34: Rights of the older person
 Article 35: Rights of persons with disabilities
 Article 36: Rights of internally displaced persons
 Article 37: Rights of human rights defenders
 Article 38: Rights of minorities
 Article 39: Rights of Indigenous Peoples
 Article 40: Rights of lesbian, gay, bisexual, transsexual, intersex and
queer persons
 Article 41: Right to self-determination
 Article 42: Rights of other individuals, groups and peoples
 Right to development (Article 43)

 Right to peace (Article 44)

 Final provisions
 Article 45: Implementation and promotion of the
Declaration
 Article 46: Monitoring implementation
 Article 47: Interpretation
 BREAKOUT SESSION
 Group I: (topics)
– General Principles (Art. 4)
– Civil and Political Rights (Art. 5-22)
 Group 2: (topics)
– General Principles (Art. 4)
– Economic, Social and Cultural Rights (art. 23-31)
 Group 3: (topics)
– General Principles (Art. 4)
– Specific Groups and Individuals (Art. 32-42)
 Group 4: (topics)
– General Principles (Art. 4)
– Right to Peace and Development (Art. 43-44)

 GUIDE QUESTIONS:
1. Are the rights adequately covered in the draft? Are there
rights being missed out?
2. Were the explanations captured the essential elements of the
rights?