On November 17 and 18, 2012 the Association of Southeast Asian Nations
(ASEAN) Intergovernmental Commission on Human Rights (AICHR) met in Phnom Penh,
Cambodia to review and adopt the ASEAN Human Rights Declaration (AHRD).
Both the process of drafting and
the language of the Declaration have been plagued with criticism by civil
society groups in the ASEAN region as well as by the United Nations. The UN
High Commissioner for Human Rights Navi Pillay, said, "This is not the
hallmark of the democratic global governance to which ASEAN aspires, and it
will only serve to undermine the respect and ownership that such an important
declaration deserves."
According to the latest revised
version of the Declaration obtained by the Bangkok Post, the preamble has been
edited to appease critics. The revision read, "ASEAN reaffirms further our
commitment to ensure that the implementation of the AHRD be in accordance with
our commitment to the Charter of the United Nations, the Universal Declaration
of Human Rights, the Vienna Declaration and Program of Action, and other
international human rights instruments to which ASEAN member states are
parties, as well as to relevant ASEAN declarations and instruments pertaining
to human rights."
While this is an important
improvement, the draft is still under wraps from public view, which has been
the standard operating procedure of AICHR. From the very start, the ASEAN
Commission has consistently avoided open and transparent communication with
civil society groups.
A coalition of more than 65
national, regional and international civil society groups, including the
International Gay and Lesbian Human Rights Commission (IGLHRC) and
representatives of the ASEAN LGBTIQ Caucus continue to condemn the failure of
the Declaration to meet international human rights standards. Led by the
Southeast Asian Committee for Advocacy (SEACA) and Forum Asia , the coalition's
strongly worded civil society statement released on November 19, 2012 blasts
the ASEAN governments for failing to measure up "despite last minute
amendments" to the Declaration, saying, "[the ASEAN Human Rights
Declaration] undermines, rather than affirms, international human rights law
and standards. The document is a declaration of government powers disguised as
a declaration of human rights. It is deplorable that the governments of ASEAN
have insisted on making a Declaration that implies that their people are less
deserving of human rights than the people of Europe, Africa or the Americas. The
people of ASEAN should never accept a lower level of protection of their human
rights than the rest of the world."
The civil society coalition has
rejected the Declaration, saying, "This Declaration is not worthy of its
name. We therefore reject it. We will not use it in our work as groups engaged
in the protection of human rights in the region. We will not invoke it in
addressing ASEAN or ASEAN member states, except to condemn it as an anti-human
rights instrument. We will continue to rely on international human rights law
and standards, which, unlike the ASEAN Human Rights Declaration, provide all
individuals, groups and peoples in ASEAN with the freedoms and protections to
which they are entitled."
On November 16, 2012, the ASEAN
Grassroots People's Assembly marched in front of the Cambodia Parliament House
in Phnom Penh to submit recommendations from civil society to the members of
the Cambodian Parliament -- Cambodia is the current ASEAN chair. The assembly
was made up of advocates for civil, political, economic, social, and cultural
rights, many of whom are members of grassroots organizations working toward a
common goal: a broadly inclusive Human Rights Declaration.
Lesbian, gay, bisexual, transgender,
intersex and queer (LGBTIQ) people were among the marchers carrying rainbow
banners and placards, supporting the inclusion of sexual orientation and gender
identity (SOGI) proclaiming, "No SOGI in the AHRD is Discrimination"
and "LGBT rights are human rights!" The ASEAN LGBTIQ Caucus media
statement said, "No mention of SOGI, sends a clear message that the human
rights of LGBTIQ people are irrelevant... The priority of this Declaration is
not human rights, but economic and political interests of the ASEAN states at
the expense of the ASEAN peoples."
What's phenomenal is not the
behavior or positioning of the ASEAN governments or the representatives tasked
with drafting the declaration, but the solidarity of civil society groups who
have not bargained away the rights of some groups in exchange for political
strategy and expediency. For the first time in Southeast Asia, those working
for the human rights of women, indigenous people, lesbian, gay, bisexual and
transgender people, migrant workers, people with disabilities, and other
vulnerable populations are working together. This is a remarkable advance in
coalition.
On the other hand, the ASEAN
Intergovernmental Commission for Human Rights has chosen to lower the bar in
order to skate by on their human rights obligations, putting in place loopholes
that give governments a way out of meeting human rights standards.
Until recently, Asia was falling
behind other regions of the world in not having its own human rights body. This
first-ever ASEAN Declaration of Human Rights was a missed opportunity to
reflect and embrace advances in protections for all people.
Now, it is a new time: people are
coming together despite their differences. Given that AICHR has said this is a
people-centric declaration, it begs the question: Just how people-centric will
the implementation of the ASEAN Declaration be when the language of the
Declaration compromises on state's obligations?
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