1. Cooperation in Promoting Universality: Regional Human Rights Mechanisms & Civil Society in ASEAN
Yuyun Wahyuningrum, Senior Advisor on ASEAN and Human Rights at HUMAN RIGHTS WORKING GROUP (HRWG) Indonesia,

2. It is about building a democratic dialogue in ASEAN
Since the adoption of ASEAN Charter in 2008, much was said about engaging civil society, respecting human rights, promoting democracy and about good governance in ASEAN’s high-level statements and documents.

3. ASEAN Guideline for the Engagement with Civil Society
2006’S GUIDELINE
2012’S GUIDELINE
Generally better than the 2006’s
As a general rule, only a CSO whose membership is confined to ASEAN nationals may be considered for accreditation with ASEAN;
Approval of application for accreditation of a CSO with ASEAN shall be based primarily upon the assessment of the positive contribution which such a CSO could make to the enhancement, strengthening and realisation of the aims and objectives of ASEAN
Member states are still in control of deciding who can in and who cannot
The participation is perceived as privilege
The participation is not understood as RIGHT. It is more like “stick” and “carrot”
The affiliation is used as a way to control
The affiliation to ASEAN is a political issue rather than a only administrative requirement
CSOs are not seen as partners in developing ASEAN Community

4. CSO Platforms in engaging ASEAN
Name
frequent
Engaging the body
ACSC/APF
annually
ASEAN SUMMIT
Head of States/Governments
ASEAN Disability Forum (ADF)
ASEAN Youth Forum
ASEAN Grass-root People Assembly
ASEAN Community Dialogue
ASEAN Committee Permanent Representatives (CPR)
CPR
Civil Society Forum to AMM on human rights
ASEAN Ministers Meeting (AMM)
Foreign Ministers
Informal Dialogue between CSO and ASG on human rights
ASEAN Secretary General (ASG)
Secretary General
Jakarta Human Rights Dialogue in ASEAN
ASEAN Human Rights Mechanisms
AICHR, ACWC
GO-NGO Forum on Social Welfare & Development
ASEAN Senior Official Meeting on SWD
SOM officials

5. History of Human Rights in ASEAN
History of civil society engagement with ASEAN. It is a journey of believing that engagement can make change.
History of interaction between national and international efforts and dialogue on human rights.
History of national political opening contribute to the political space at regional level.
Journey of believing that a human rights commission can be created in context of the region with no respect of values of democracy and human rights.

6. The 3Cs in Human Rights Architecture
ASEAN Human Rights Systems
Conventions: Norms/
Instruments
Commission/Committee
ASEAN Human Rights Court??
The 3Cs in Human Rights Architecture
AICHR 2009
ACWC 2010
ACMW 2008

7. 1st C: “Commissions” AICHR ACWC Created based on Article 14, Charter
Established: 23 Oct 2009
10 Representatives
14 Mandates
No individual complaint
Provide advises to ASEAN sectorial government upon request
Can obtain information on HR issues from Member States
Consult stakeholders
Submit Annual Report
Created based on SC Blueprint
Established: 7 April 2010
20 Representatives (Women Rights and Child Rights)
13 Mandates
No individual complaint
Provide advises to ASEAN sectorial government upon request
Consult CS, women, children
Advocate on behalf of women and children & encourage ASEAN Member States to improve their situation
Submit Annual Report

8. AICHR & ACWC MODALITIES, PRINCIPLES, NATURE
non-interference
evolutionary approach
consultation
consensus
consultative
inter-governmental body

9. Current CS Engagement with Human Rights Mechanisms
AICHR
ACWC
AICHR only want to meet with those who are affiliated with the ASEAN Charter
The newly adopted AICHR Guideline of Operation silent on CS engagement
Two consultations o AHRD: June 22, and Sept 12
Consultation only happen in Indonesia, Thailand and the Philippines
CS continue to submit inputs, reports, papers to AICHR
CS is a sensitive issue in AICHR, but during their visit to US, they met US-based CSOs
AICHR is developing Guideline for the engagement with civil society group (draft 0)
Started with Informal Dinner (2011), Informal Session (2011), Joint-Workshop (2012), Formal Session (2012)
Informal Session: 9 out of 20 Reps attended
Informal Session: 16 out 20 Reps attended
Joint-Workshop: 18 out of 20 Reps attended
Formal Session: 20 Reps attended
Good Result, Good process, substantive discussion, cordial ambiance
Inputs from CS have been included in the reference documents of the ACWC
The initial suggestion to erase civil society” & international standards” in TOR ACWC has been put down
ACWC uses inputs from CS in formulating their positions

10. ACMW: An Overview Mandated by the ASEAN Socio-Cultural Blueprint
2007 Jan - ASEAN Declaration on the protection and promotion of the rights of migrant workers (ASEAN Summit/AMM)
2007 July - ASEAN Statement of the establishment of the ASEAN Committee on the implementation of the ASEAN Declaration
2007 October - formation of the ACMW (ALMM/SLOM)
stalled discussion over the Instrument for the protection of migrant workers
The 4th ACMW DT Meeting in Manila, September 2011agreed to continue discussing gradually through Phases and to find issues that have commonalities and comfortable to all:
Phase 1: regular migrant workers (by end 2012)
Phase 2: irregular migrant workers (by end 2013)
Phase 3: legal status of the Instrument (by end of 2014)

11. Norms/Instruments Children Women Trafficking Migrant workers
Declaration on Commitments on for Children in ASEAN (August 2001)
Ha Noi Declaration on The Enhancement of Welfare and Development of ASEAN Women and Children ; 28 Oct 2010
Women
Declaration on the Elimination of Violence Against Women in the ASEAN Region; 30 June 2004
Ha Noi Declaration on The Enhancement of Welfare and Development of ASEAN Women and Children ; 28 October 2010
Trafficking
1997 ASEAN Transnational Crime
ASEAN Declaration Against Trafficking in Persons Particularly Women and Children; 29 November 2004
ASEAN Practitioner Guidelines on Effective Criminal Justice Responses to Trafficking in Persons (2007)
Leaders Joint Statements on TIPs in Southeast Asia, May 2011.
Migrant workers
ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers 13 January 2007, Cebu, Philippines

12. 2nd C: “Convention”: Standard-Setting Scenario
ASEAN Charter, Article 14, 2008
Terms of Reference on AICHR, 2009
ASEAN Declaration on Human Rights, 2012
Conventions on Human Rights in ASEAN?
2nd C: “Convention”: Standard-Setting Scenario
Article 4.2 of the TOR AICHR: “to develop an ASEAN Human Rights Declaration with a view to establishing a framework for human rights cooperation through various ASEAN conventions and other instruments dealing with human rights”
Is adopted on 18 November 2012, during the 21st ASEAN Summit
Is the effort to universalize human rights at the regional level, or regionalize the universal political commitment of human rights

13. ASEAN HUMAN RIGHTS DECLARATION
Is A TWO-IN-ONE DOCUMENT: 1) PHNOM PENH STATEMENT, and 2) AHRD
PHNOM PENH STATEMENT with signatures of ASEAN Leaders, Article 3:
“REAFFIRM further our commitment to ensure that the implementation of the AHRD be in accordance with Our commitment with the Charter of the United Nations, the Universal Declaration of Human Rights, The Vienna Declaration and its Programme of Action, and other international human rihts instrument to which ASEAN Members Sttes are parties,as well as relevant ASEAN declarations and instruments pertaining to human rights”

14. ASEAN Human Rights Declaration
IS CONSISTED OF:
Preamble
General Principles
Civil and Political Rights
Economic, Social and Cultural Rights
Right to Peace
Right to Development
Cooperation on the Promotion and Protection of Human Rights
GENERALLY, THE CONTENT IS GOOD. Some Article has good formulation of rights, compare with the UDHR

15. ASEAN HUMAN RIGHTS DECLARATION
WEAK PART OF THE DECLARATION:
The balance between Rights & Responsibilities. The enjoyment of human rights and fundamental freedoms must be balanced with the duties of individuals, the community and the society where one lives, Article 6
National and Regional particularities. The realisation of human rights must be considered in the regional and national context …, Article 7
Limitation of Rights. The exercise of human rights and fundamental freedoms shall be subject only to such limitations … and to meet the just requirements of national security, public order, public health, public safety, public morality, …Article 8
Erasure of Freedom of Association, Article 24

16. INCLUSION OF CSO’S INPUTS IN AHRD
Article 9: …. The process of such realisation shall take into account peoples’ participation, inclusivity and the need for accountability.
Article 22: ... All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated.
Article 27 (3) …Those who employ children and young people in work harmful to their morals or health, dangerous to life, or likely to hamper their normal development, including their education should be punished by law.
Article 36: …ASEAN Member States should adopt meaningful people-oriented and gender responsive development programmes aimed at poverty alleviation
Total erasure on the section on duties and responsibilities

17. CSO’s positions toward AHRD
Ignore
Reject
Disappointed but continue to engage

18. AFTERTHOUGHTS
AHRD is a political document with the context of democratic deficits in ASEAN
The challenge is now how to make AHRD promote reform in domestic politics & how to use AHRD to make ASEAN function as a ruled-based organization
We should not be idealistically naive, but rather more tactical and strategic when dealing with ASEAN. We know how the game is played or unfairly played, so let us play it well
Let us look at the declaration as a means to an end, a living evolving document.
Many international law and standards including in the field of human rights continue to expand with time as cultural norms evolved. New demands would be made for legal instrument to keep up with the development

19. Promoting Universality of Human Rights in AHRD?
The content of AHRD is a reflection of difficult negotiation between two extreme positions on human rights and democracy in ASEAN
AHRD starts with REAFFIRMATION of state’s international obligation to human rights, and ends with the recognition of non-derogable rights. But the general principles of AHRD are not inline with international human rights standards.
The process had been closed for civil society. Two consultations with CSOs were conducted and two consultations with ASEAN sectoral bodies without sharing the working draft
Public only know the final draft after the adoption, Nov 18, 2012

20. What next? ACCOUNTABILITY EXERCISE:
We are of the opinion that AICHR should not rush to draft any convention on human rights. Not now, maybe in next years
Annual Report on Human Rights in ASEAN
Put all mandates of AICHR, especially Article 4.10 of AICHR to obtain information from Member States into reality by using AHRD
Monitor ASEAN Ministerial Meeting proceeding to what extent AHRD has been used to bring human rights issues on the table (using its Joint Communique)
Review TOR AICHR in 2014

21. TOR AICHR REVIEW in 2014
It is the time when we can work together to make AICHR as an INDEPENDENT HUMAN RIGHTS MECHANISM by changing the selection process of AICHR
To make AICHR accessible by pushing the body to finalize a democratic guideline on engaging civil society, including receiving complaints on human rights and sharing information to public
To make AICHR a responsive body by changing its mandate to be be able to respond the issues by having a fact-finding mission, investigation

22. Civil Society Involvement during & after the drafting of TOR AICHR
1st Consultation in Manila, Sept 2008
2nd Consultation in Kuala Lumpur, March 2009
3rd Consultation in Jakarta, July 2009
Annual Report of AICHR Performance
Monitoring & Pressure for the implementation of TOR AICHR
Review 2014?

23. TOR AICHR & Its Timelines
July 2008 HLP was established
Dec 2008, First Submission
July 2009 Final Submission
Oct 2009 Launched TOR AICHR
2014 Review TOR
Protection of HRs
Promotion of HRs
technical assistance
advisory services
standard setting
Dissemination and education
Consult with national, regional, and international inst, and entities concerned with hrs protection and promotion
Obtain Information

24. What to Review? Based-on Cha-Am Declaration
Objective of the Review: to strengthen the mandate and functions of the AICHR in order to further develop mechanisms on both the protection and promotion of human rights.
Indicator 1: Has AICHR provide an ASEAN’s commitment to pursue forward-looking strategies to strengthen regional cooperation on human rights?
Indicator 2: Has AICHR serve as a vehicle for progressive social development and justice, the full realization of human dignity and the attainment of a higher quality of life for ASEAN peoples?
Indicator 3: Has AICHR receive full support and provision of adequate resources by ASEAN Member States?
Indicator 4: Has AICHR acknowledge contribution of stakeholders in the promotion and protection of human rights in ASEAN, and encourage their continuing engagement and dialogue with the AICHR?
Indicator 5: Has ASEAN cooperation on human rights support the evolution of AICHR as an overarching institution?

25. Thank you!