The endorsement of the ASEAN Human Rights Declaration went off without a
hitch yesterday, despite frequent, sustained objections by a slew of
civil-society groups that maintained the controversial document would undermine
human rights rather than protect them.
Signed by a host of dignitaries
including Prime Minister Hun Sen and Thai Prime Minister Yingluck Shinawatra on
the opening day of the 21st ASEAN Summit, the document was not made immediately
available to the public or to rights organisations. Among the criticisms
levelled at the drafters during recent months has been a lack of transparency
and consultation while the document was being prepared.
“It’s so opaque,” Yuval Ginbar, a
legal adviser and ASEAN expert with the rights organisation Amnesty International
said. “Nobody really knows what’s happening; nobody has the text. I’m a little
baffled myself.”
According to ASEAN
secretary-general Surin Pitsuwan, the declaration included a paragraph not seen
in earlier drafts that reaffirmed ASEAN member states’ commitment to existing
declarations, which form the basis of international standards on human rights.
Ginbar, however, said the new
language was unlikely to have a real impact on the declaration, given that
three of the document’s general principles would have an extremely limiting
effect on human rights protection.
“That’s the problem of the whole
declaration, because it’s subject to these three provisos,” he said, referring
to articles that soften the declaration’s applicability to cater to member states’
culture and history, and an oft-criticised “public morality” clause – a
subjective phrase that opponents say could lead to abuses of the rights of
women and the LGBT community.
“I can’t see how any additional
provision would sort this out. I think the only way to sort it out is to remove
those three principles.”
ASEAN delegates and officials,
however, were quick to laud the new agreement.
Surin said the declaration was a
“legacy for our children”, and later seemed to imply that the new language referencing
international agreements would address “all those complaints, or observations,
or encouragement that we should go further”.
Indonesian Foreign Minister Marty
Natalegawa called the document “an important benchmark for ASEAN to be kept
honest in terms of its human rights obligations”, and warned against hasty
speculation on the part of critics.
“It would be kind and wise for
all of us to read the document before we jump to certain conclusions,” he
said. “I think if the most neutral
observer, if they were to read it... would have to acknowledge this is an important
document that is consistent with the Universal Declaration of Human Rights, as
well as the Vienna Human Rights Program of Action.”
Nay Vanda, deputy head of the
human rights section of Adhoc, said they, like other rights groups, had not
received a copy of the final version, but added that if the new clauses live up
to their billing, it would be a very positive development.
On the other hand, he said: “If
it doesn’t comply with international human rights instruments, it would be very
disappointing.”
Phil Robertson, deputy director
of Human Rights Watch’s Asia division, said via email that he hadn’t seen the
latest draft either, but that the additions were “too little, too late”.
“The brutal reality is that some
ASEAN members are simply not prepared to accept universal standards of human
rights, full stop,” he said.
Stuart White
Business & Investment Opportunities
YourVietnamExpert is a division of Saigon Business Corporation Pte Ltd (SBC), Incorporated in Singapore since 1994. As Your Business Companion, we propose a range of services in Strategy, Investment and Management, focusing Healthcare and Life Science with expertise in ASEAN. Since we are currently changing the platform of www.yourvietnamexpert.com, if any request, please, contact directly Dr Christian SIODMAK, business strategist, owner and CEO of SBC at christian.siodmak@gmail.com. Many thanks.
No comments:
Post a Comment