The ASEAN Human Rights Declaration: Drafts must be published and subject to meaningful consultations with local, national and regional civil society and human rights defenders

Joint Statement

The ASEAN Human Rights Declaration: Drafts must be published and subject to meaningful consultations with local, national and regional civil society and human rights defenders

May 2nd, 2012

We, the undersigned international human rights organizations, are concerned that the ASEAN Intergovernmental Commission on Human Rights (AICHR) has yet to take the necessary steps to ensure that the process of drafting the ASEAN Human Rights Declaration (AHRD) is transparent and fully consultative with civil society organizations in the ASEAN region.

In a joint statement released on April 8th (full text below), over 130 local, national and regional civil society organizations across the ASEAN region called on AICHR to implement the following steps:

1) To immediately publicize the draft AHRD so that the public can meaningfully participate in the drafting process. Consultations will remain meaningless if the draft declaration is kept confidential and out of reach of the peoples.

2) AICHR representatives who are already conducting national consultations in their respective countries must continue to do so, and ensure that these consultations are held nation-wide and in an inclusive and more regular manner. They should further encourage other AICHR representatives that have not taken such initiatives to do the same. The AICHR should also conduct consultations both at national and regional levels, especially if national consultations are not applicable yet in particular places.

3) To translate the draft AHRD into national languages and other local languages of the ASEAN countries in order to encourage broader public participation in the region.

4) To ensure that consultation meetings of the AICHR will be inclusive of all stakeholders, especially civil society organizations and national human rights institutions.*

On 12 April, AICHR announced that it would finalize the draft of the AHRD by July 2012 and hold one consultation with civil society organizations in late June 2012. A single consultation, conducted not at the outset but rather towards the very end of the drafting process, cannot be considered consultative and transparent. In addition to being non-transparent and non-consultative, this process has been clearly rushed with little thought provided on some of the key elements that have been articulated by ASEAN civil society for decades. An instrument of this importance and magnitude needs more time for adequate deliberation and discussion.

We fully endorse the April 8th statement made by national and regional civil society organizations and strongly urge all representatives of the AICHR to fully and immediately implement these recommendations. This would ensure that the AHRD reflects the legitimate concerns of civil society and human rights defenders in ASEAN and reflects existing international human rights standards.

The drafting of the AHRD is a litmus test of AICHR’s willingness to constitute a credible, respected, and effective regional human rights body. Principles of transparency, accountability, and consultation are applied by the United Nations and all other regional bodies when they engage in human rights standard-setting and the ASEAN must not fall below well established international standards and practice.

This joint statement is endorsed by (in alphabetical order):

1. Amnesty International

2. Asian Legal Resource Centre

3. Association for the Prevention of Torture (APT)

4. Christian Solidarity Worldwide

5. Civil Rights Defenders

6. Freedom House

7. Human Rights Now

8. Human Rights Watch

9. International Commission of Jurists

10. International Federation for Human Rights (FIDH)

11. International Gay and Lesbian Human Rights Commission (IGLHRC)

12. Protection International

13. Reporters Without Borders

14. World Organisation Against Torture (OMCT)

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Statement released on 8 April by national and regional NGOs:

Joint Statement on Calling AICHR to release ASEAN Human Rights Declaration

8th April 2012

We, the undersigned civil society organizations and networks from Southeast Asia, express our grave concern and disappointment over the continuing secrecy in the drafting process of the ASEAN Human Rights Declaration (AHRD).

The ASEAN Intergovernmental Commission on Human Rights (AICHR) is mandated under Article 4.2 of its Terms of Reference to develop an ASEAN Human Right Declaration with a view to establishing a framework for human rights cooperation through various ASEAN conventions and other instruments dealing with human rights. At the 6th meeting of the AICHR in Vientiane on 28 June – 2 July 2011, a Drafting Group was officially established by the AICHR to prepare a draft of the ASEAN Human Rights Declaration. In January 2012, the Drafting Group submitted to the ASEAN Inter-governmental Commission on Human Rights (AICHR) a draft AHRD for deliberation and debate.

To this date, the draft AHRD remains confidential while the public has been excluded from any meaningful participation in the drafting process. There has not been any substantive and broad-based regional consultation with the peoples in the region on the draft AHRD.

While we commend the representatives of the AICHR from Thailand, Indonesia, Malaysia and the Philippines for holding consultation with their civil society at national level, we are disturbed that no such initiative has taken place in the rest of the ASEAN countries.

If ASEAN’s aspiration to be “People-Oriented” is to be achieved, the AICHR that is tasked to defend the fundamental freedoms of the peoples in the region must set a good example in ensuring meaningful and substantive consultation and people’s participation in the drafting of the historic AHRD.

We therefore strongly urge the AICHR to heed the recommendation of the United Nations High Commissioner for Human Rights, Navi Pillay, that “no discussion of human rights can be complete or credible without significant input from civil society and national human rights institutions” and immediately begin dialogues and consultations with civil society organizations on the AHRD.

We further call upon AICHR to implement the following steps to ensure that the drafting process of the ASEAN Human Rights Declaration will be credible, inclusive, transparent, reflective and consistent with universal human rights standards:

1) To immediately publicize the draft AHRD so that the public can meaningfully participate in the drafting process. Consultations will remain meaningless if the draft declaration is kept confidential and out of reach of the peoples.

2) AICHR representatives who are already conducting national consultations in their respective countries must continue to do so, and ensure that these consultations are held nation-wide and in an inclusive and more regular manner. They should further encourage other AICHR representatives that have not taken such initiatives to do the same. The AICHR should also conduct consultations both at national and regional levels, especially if national consultations are not applicable yet in particular places.

3) To translate the draft AHRD into national languages and other local languages of the ASEAN countries in order to encourage broader public participation in the region.

4) To ensure that consultation meetings of the AICHR will be inclusive of all stakeholders, especially civil society organizations and national human rights institutions.

Until and unless the AICHR consults and engages with all stakeholders in a transparent, meaningful and substantive manner, the AICHR should postpone its submission of the final draft of AHRD to the AESAN Ministerial Meeting (AMM), which is scheduled to take place in July 2012.

This call is made to public as wide as possible in the ten countries of ASEAN and is endorsed by different sectors of civil society organizations such as youth organizations, women’s organizations, child rights organizations, LGBT organizations, migrant workers network organizations, labour unions, farmers organzitions, environmental organizations, human rights organizations, development organizations and some academic institutions. The joint statement is also translated into ASEAN major languages, Burmese, Bahasa-Indonesian, Bahasa-Malay, Khmer, Lao, Thai and Vietnamese to indicate our commitment to promote the basic human rights of the people that they are entitled to receive information and awareness about ASEAN and its works.

Media contacts:

Yap Swee Seng , Executive Director, Asian Forum for Human Rights and Development (Forum-Asia), +66 (0) 818689178

Aung Myo Min, Director and Founder, Human Rights Education Institute of Burma (HREIB), + 66 (0) 819925293

Ms. Pung Chhiv Kek, President, Cambodian League for the Promotion and Defense of Human Rights (LICADHO), + 885 (0) 12589091

Mr. Haris Azhar, Coordinator, KontraS, Indonesia, + 62 (0) 815-13302342

List of endorsers:

1. Aceh Human Rights Coalition of NGO, Indonesia

2. Action for Environment and Community (AEC), Cambodia

3. All Arakan Students and Youth Congress (AASYC), Burma

4. All Burma Students Democratic Front (ABSDF), Burma

5. All Burma Students League (ABSL), Burma

6. All Kachin Students and Youth Union (AKSYU), Burma

7. All Women’s Action Society (AWAM), Malaysia

8. Alternative ASEAN Network on Burma (Altsean Burma)

9. Arakan League for Democracy (Exile) Youth (ALD-Youth), Burma

10. ASEAN WATCH, Thailand

11. Asian Forum for Human Rights and Development

12. Asian Indigenous People’s Pact

13. Assistance Association for Political Prisoners - Burma

14. Back Pack Health Worker Team

15. Banteay Srei, Cambodia

16. Boat People SOS

17. Building Community Voice (BCV), Cambodia

18. Burma Issues, Burma

19. Burma Medical Association, Burma

20. Burma Partnership, Burma

21. Burmese Women Union, Burma

22. Cambodia Indigenous Youth Association (CIYA), Cambodia

23. Cambodian Centre for Human Rights (CCHR), Cambodia

24. Cambodian Confederation of Unions (CCU), Cambodia

25. Cambodian Food Service Workers Federation (CFSWF), Cambodia

26. Cambodian Independent Teachers' Association (CITA), Cambodia

27. Cambodian League for the promotion and defense of Human Rights (LICADHO), Cambodia

28. Cambodian Watchdog Council (CWC), Cambodia

29. Cambodian Youth Network (CYN), Cambodia

30. Center for Migrant Advocacy Philippines

31. Child Rights Coalition-Asia

32. Chin Human Rights Organization (CHRO), Burma

33. Chin Students Union (CSU), Burma

34. Christians for Social Justice (CJS), Cambodia

35. Coalition of Cambodian Farmer Community (CCFC), Cambodia

36. Commission for Disappeared and Victims of Violence (Kontras), Indonesia

37. Community Action Network, Malaysia

38. Community Resource Centre (CRC), Thailand

39. Democratic Party for a New Society (DPNS), Burma

40. Dignity International, Malaysia

41. EarthRights International, Burma

42. Ecological Alert and Recovery Thailand (EARTH), Thailand

43. Education and Research Association for Consumers (ERA Consumer), Malaysia

44. EMPOWER Foundation, Thailand

45. Empowering Youth in Cambodia (EYC), Cambodia

46. Ethnic Community Development Forum (ECDF-Burma)

47. FOKER LSM, Papua

48. Foundation for Consumers (FFC), Thailand

49. Foundation for Ecological Recovery, Thailand

50. Foundation for Sustainable Development, Thailand

51. Foundation for Women, Law and Rural Development (FORWARD), Thailand

52. Foundation for Women, Thailand

53. EMPOWER Foundation, Thailand

54. Highland Peoples Task force (HPT), Thailand

55. Homenet, Thailand

56. Housing Rights Task Force, Cambodia

57. Human Rights Documentation Unit, Burma

58. Human Rights Education Institute of Burma

59. Human Rights Foundation of Monland, Burma

60. Human Rights Lawyers Association, Thailand

61. Humanum, Indonesia

62. Independent Democracy of Informal Economic Association (IDEA), Cambodia

63. Indigenous People Task Force on ASEAN

64. Institute for Policy Research and Advocacy (ELSAM), Indonesia

65. International Gay and Lesbian Human Rights Commission (IGLHRC)

66. JATAM, Indonesia

67. Kachin Women’s Association – Thailand (KWAT), Burma

68. Karen Youth Organization (KYO), Burma

69. Kayan New Generation Youth (KNGY), Burma

70. Khmer Ahimsa Organisation, Cambodia

71. KIARA, Indonesia

72. KontraS (National Office, Jakarta, Indonesia)

73. Kuki Students Democratic Front (KSDF), Burma

74. Lahu Women’s Organization, Burma

75. Lao Movement for Human Rights (MLDH)

76. LPSHAM, Indonesia

77. M Plus Foundation, Thailand

78. Messenger Band (MB), Cambodia

79. Migrant Forum in Asia

80. Migrante International, Philippines

81. Mon Youth Progressive Organization (MYPO), Burma

82. My Village Organization (MVi), Cambodia

83. Naga Youth Organization (NYO), Burma

84. National League for Democracy-Liberated Area (Youth), Burma

85. Network for Democracy and Development (NDD), Burma

86. Network for Human Rights Documentation in Burma

87. Network of Eastern Democracy, Thailand

88. NGO Coordinating Committee on Development (NGO-COD), Thailand

89. Northern Development Foundation, Thailand

90. One-2-One, Cambodia

91. Pa O Youth Organization (PYO), Burma

92. Palang Thai, Thailand

93. Palaung Women's Organization, Burma

94. People’s Action for Change (PAC), Cambodia

95. People’s Defense Force (Burma)

96. People’s Empowerment Foundation

97. Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia

98. Pokja 30, Indonesia

99. Project for Ecological Awareness Building (EAB), Thailand

100. Pro Rights Foundation, Thailand

101. Pusat Komunikasi Masyarakat (PUSAT KOMAS), Malaysia

102. Quê Me: Action for Democracy in Vietnam

103. Rainbow Community Kampuchea (RoCK), Cambodia

104. Sahakum Teang Tnaut (STT), Cambodia

105. Sex Workers Organization, Thailand

106. Shwe Gas movement

107. SILAKA, Cambodia

108. Social Action for Change (SAC), Cambodia

109. Social Agenda Working Group, Social Research Institute, Chulalongkorn University, Thailand

110. Society of Transsexual Women of the Philippines (STRAP), Philippines

111. South East Asia Working Group/ Asia-Pacific Refugee Rights Network

112. South East Asian Committee for Advocacy (SEACA)

113. Southeast Asia Coalition to stop Child Soldiers

114. Southeast Asia Popular Communications Programme (SEAPCP)

115. Students and Youth Congress of Burma

116. Suara Rakyat Malaysia (SUARAM), Malaysia

117. Sustainable Agriculture Foundation, Thailand

118. Sustainable Development Foundation, Thailand

119. Ta'ang Students and Youth Organization (TSYO), Burma

120. Tavoy Youth Organization (TYO), Burma

121. Thai Committee for Refugees Foundation, Thailand

122. Thai Working Group for Climate Justice (TCJ), Thailand

123. The Cambodian Center for Human Rights, Cambodia

124. The Cambodian Human Rights and Development Association (ADHOC), Cambodian

125. The Northeastern Women’s Network, Thailand

126. Think Centre, Singapore

127. Union for Civil Liberty (UCL), Thailand

128. United Lahu Youth Organization, Burma

129. Vietnam Committee on Human Rights

130. Volunteers for Sustainable Development (VSD), Cambodia

131. Women and Children Protection Foundation, Thailand

132. Women’s Global Network for Reproductive Rights (WGNRR)

133. YLBHI, Indonesia

134. Yoma3 News Service, Burma

135. Youth for Social Change, Myanmar

136. Zomi Students and Youth Organization (ZSYO), Burma

* These four demands are as they appear in the 8 April 2012 statement of national and regional NGOs, “Joint Statement Calling AICHR to Release ASEAN Human Rights Declaration”