[ASEANcats] Indigenous Peoples Statement on the ASEAN Human Rights Declaration

Indigenous Peoples Statement on the ASEAN Human Rights Declaration

We, the members of the Indigenous Peoples Task Force on ASEAN (IPTF), Asia Indigenous Peoples Pact (AIPP) and other indigenous peoples organizations, express our extreme disappointment to the adopted version of the ASEAN Human Rights Declaration (AHRD). As an over-arching human rights standard in the region, the AHRD falls below international standards on human rights particularly on the duties and responsibilities of states in upholding the universality, and non-derogability of and the enjoyment and exercise of human rights by citizens. 

More over, despite the favorable votes of all ASEAN member countries for the adoption of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007, this AHRD does not include our recognition as indigenous peoples distinct  from the majority and   systematically discriminated and exploited through the non-recognition and violation of our collective rights.  The non-inclusion of indigenous peoples rights in the AHRD is a further step backwards for ASEAN member countries and their duties and obligations to abide by international human rights standards and norms including those that recognize indigenous peoples rights. The UNDRIP which details our rights as indigenous peoples is  part of international human rights standards and norms.

We are likewise disappointed that there were no genuine consultations conducted with civil society including indigenous organizations during the process of the drafting of the Declaration. Even more disappointing is that in the few instances that the ASEAN Intergovernmental Commission on Human Rights (AICHR) called for consultations on the then draft AHRD with civil society organizations, indigenous peoples representatives were not invited and were even barred to attend in some consultations   to present our common inputs and recommendations. This however did not limit us from submitting our recommendations on the AHRD to recognize indigenous peoples and our collective rights, especially our rights to our lands, territories and resources, self-determination and free prior and informed consent. We have constantly been sending and personally submitting our inputs and recommendations on the AHRD to the members of the AICHR and disappointingly never received any official response to our communications to them.

Indigenous peoples in Southeast Asia comprise a large part of the population of the region numbering an estimated 100 million.  Despite this, ASEAN member countries have been remiss in their duties and obligations to promote and protect our rights.  Instead, we are made to bear the burden of national development goals by sacrificing our lands, territories and resources.

The current ambitious investment plan of ASEAN shows the severe imbalance between duties of states to respect and protect human rights with national development goals without ensuring social equity and justice.  The differential impacts of the resource-extractive model of development of member-countries of ASEAN violate our collective rights as indigenous peoples to maintain and develop our political, economic and social systems in our own territories.  This is clearly resulting to our massive displacements, wide-scale destruction of our sustainable livelihoods, food security, cultural heritage, social cohesion and ethnic identities. In addition, we continue to be highly marginalized and suffer from the lack of basic social services, compounded by the denial of citizenship by certain countries. 

As the ASEAN member countries are parties to international standards and norms, we shall continue to engage the member countries by monitoring their compliance to and upholding their obligations on these standards and norms. We shall continue to engage national human rights and Indigenous Peoples institutions and Agencies, national and international human rights mechanisms and procedures for the promotion, respect, and protection of our rights as indigenous peoples.

With this, we call on ASEAN Member Countries

1.     To fulfill their human rights obligations in compliance to international standards and norms they have committed to which includes the UNDRIP;

2.     To be transparent and inclusive by providing effective mechanisms and platforms for indigenous peoples and civil society to engage effectively on all matters that affect them;

3.     To designate a focal person for indigenous peoples within the AICHR towards the establishment of a working group that would look into the issues, concerns and welfare of indigenous peoples in the region.

Please find below and in the attached file our statement on the recently adopted ASEAN Human Rights Declaration. We wish to gather your support/endorsement of this statement before we send this to the ASEAN. For those who wish to sign on to this statement, please send the full name of your organization and the country you are based in to richard@aippnet.org. Please send your endorsements by 4 December 2012.

វេទិកា​ពិគ្រោះ​យោបល់​លើ​សេវា​អនាម័យ​ និងទឹក​ស្អាត​នៅ​ក្រុង​តាខ្មៅ

វេទិកា​ពិគ្រោះ​យោបល់​លើ​សេវា​អនាម័យ​ និងទឹក​ស្អាត​នៅ​ក្រុង​តាខ្មៅhttp://kohsantepheapdaily.com.kh/article/57478.html

US Government Press Statement on AHRD

ASEAN Declaration on Human Rights

Press Statement

Victoria Nuland
Department Spokesperson, Office of the Spokesperson

Washington, DC

November 20, 2012, http://www.state.gov/r/pa/prs/ps/2012/11/200915.htm

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The Universal Declaration of Human Rights (UDHR) lays out universal principles of human rights that are the entitlement of all persons everywhere, establishing a minimum baseline for the protection of human rights. Regional declarations are a useful way to reinforce the human rights commitments and obligations of states as articulated in the UDHR and in the International Covenant on Civil and Political Rights (ICCPR). For this reason, in principle, we support ASEAN's efforts to develop a regional human rights declaration.

While part of the ASEAN Declaration adopted November 18 tracks the UDHR, we are deeply concerned that many of the ASEAN Declaration’s principles and articles could weaken and erode universal human rights and fundamental freedoms as contained in the UDHR. Concerning aspects include: the use of the concept of "cultural relativism" to suggest that rights in the UDHR do not apply everywhere; stipulating that domestic laws can trump universal human rights; incomplete descriptions of rights that are memorialized elsewhere; introducing novel limits to rights; and language that could be read to suggest that individual rights are subject to group veto.

The Declaration and the ASEAN statement of adoption call for the Declaration to be implemented consistent with the Universal Declaration on Human rights and international human rights agreements. Therefore, ASEAN has an opportunity to take steps to revise the Declaration through a transparent process that includes civil society and that brings the document in line with the standards embodied in the UDHR and ICCPR. The United States remains a committed partner with ASEAN on the protection of human rights.

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ASEAN Approves Controversial Human Rights Declaration

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November 18, 2012

ASEAN Approves Controversial Human Rights Declaration

by Irwin Loy

Southeast Asian leaders have signed off on a controversial region-wide human rights declaration in what they say is a landmark moment.  But critics say the declaration is insufficient and will give countries an excuse to ignore, rather than protect, human rights.

Heads of state from the Association of Southeast Asian Nations hailed the agreement as a significant milestone for the region. In a ceremony on Sunday, leaders from the 10-member bloc etched their signatures on a region-wide Human Rights Declaration.

ASEAN Secretary-General Surin Pitsuwan had only praise for the accord when speaking with reporters afterwards.

“I think that is a major, major development... the leaders have just signed that into a declaration committing themselves, every government, every country, to the highest standards, existing and available. And this certainly can be used to monitor the practice, the protection, the promotion of human rights here in the ASEAN countries," he said.

However, many rights groups say the declaration will likely fall short of minimum standards, even though ASEAN leaders have touted recent additions highlighting the importance of existing international laws.

Of particular concern, critics say, are sections included in previous drafts that suggest rights will be considered in light of “regional and national contexts." The same passage remains in the final declaration released publicly late Sunday.

“You cannot have a national or regional exception," said Phil Robertson, who is with New York-based Human Rights Watch. "You cannot set out a wide range of instances, like public morality, when all these rights would not apply.  All they have done is they have put the loopholes up front and then they have tried to decorate around them.”

About five-dozen rights groups from across ASEAN have also signed statements criticizing the declaration.  Critics have also slammed the process behind drafting the declaration.  An ASEAN committee was formed to create initial drafts, but these were never released publicly, even during limited consultation sessions with civil society groups.

“So far, we are working on leaked drafts, or sometimes just rumors," said Mora Sar, who is with the ASEAN Grassroots Peoples’ Assembly. "If they signed it in this current form, we as civil society, we are really upset.”

Rights groups have tried to make human rights a pressing issue during these meetings, particularly ahead of U.S. President Barack Obama’s highly anticipated visit, which is scheduled to begin Monday following a stopover in Burma.  But it is likely that ongoing debates over territorial claims to the South China Sea, as well as discussions on the economy and potential new free-trade areas, will dominate upcoming summit meetings.

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http://www.voanews.com/content/asean-summit-opens-in-phnom-penh/1548305.html

Phil Robertson

Deputy Director, Asia Division

Thai mobile:  +66-85-060-8406

US mobile:  +1-917-378-4097

Email: RobertP@hrw.org

Skype: philrobertsonjr

Twitter: @Reaproy

Human Rights Watch (HRW)

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NEWS RELEASE - “ASEAN Human Rights Declaration should maintain international standards,” urges key UN expert group

http://www.ohchr.org/EN/NewsEvents/Pages/Media.aspx?IsMediaPage=true&LangID=E

“ASEAN Human Rights Declaration should maintain international standards,”
urges key UN expert group

GENEVA (16 November 2012) – The largest body of independent experts in the
United Nations Human Rights system today called on the Association of
Southeast Asian Nations (ASEAN) to ensure that international human rights
standards are maintained when they come to consider the adoption of the
ASEAN Human Rights Declaration this Sunday, 18 November.

“It is imperative that, as a minimum, ASEAN’s landmark human rights
instrument maintains international standards to complement the work of the
UN human rights system,” said Michel Forst, who currently chairs the
Coordination Committee set up by the independent experts designated by the
UN Human Rights Council to address specific country situations and thematic
issues in all parts of the world.

In an open letter* to ASEAN member States, the group of international
experts stressed the need to reaffirm in their Declaration the duty of
States to promote and protect all human rights and fundamental freedoms
regardless of their particular political, economic and cultural systems -
one of the key principles of the Vienna Declaration and Programme of
Action, adopted by 171 States in 1993 to forge a new vision for global
action for human rights into the next century.

“The raison d'être of regional human rights instruments is to establish
minimum standards that all domestic laws need to comply with, which may
involve the amendment of domestic laws if these violate human rights,” Mr.
Forst said. “The right to life, for example, is a fundamental right upon
which all other rights depend, and any credible human rights instrument
should unconditionally protect it without making it contingent on the
provisions of domestic law.”

“In relation to the right to life,” the Committee Chair warned, “provisions
such as ‘in accordance with national law’ could be used to shield States
against scrutiny by international human rights mechanisms concerning the
excessive use of force by law enforcement officers, state failure to
protect people against non-state actors and the continuation of the use of
the death penalty.”

The Human Rights Council independent experts also drew attention to
provisions in the draft ASEAN Declaration which seek to ‘balance’ rights
with individual duties. “This is not the wording of international human
rights law,” they pointed out. “Advocating a balance between human rights
and duties creates much greater scope for Governments to place arbitrary,
disproportionate and unnecessary restrictions on human rights.”

“With regard to legitimate restrictions, under certain conditions, on the
grounds of ‘morality,’ ‘public order’ and ‘national security,’” Mr. Forst
noted, “the Human Rights Council experts are acutely aware of the risk of
these terms being used as a pretext by Governments to place arbitrary,
disproportionate and unnecessary restrictions on human rights”.

“We strongly encourage the inclusion of language which makes explicit that
the restrictions must be provided by law and conform to the strict tests of
necessity and proportionality, and that these restrictions may not put in
jeopardy the right itself or apply to rights that are non-derogable under
international law,” he said.

The experts also called on ASEAN to consider in their declaration the
issues of statelessness, the right to seek and to enjoy asylum from
persecution in other countries, and the international customary law
principle of non-refoulement (to prevent persons from being returned to
countries where, for instance, they will be subjected to torture). “Again,
such provisions should not be contingent on domestic laws,” underscored Mr.
Forst.

“The ASEAN Human Rights Declaration should take its place as a landmark
document which contributes to an improvement in the human rights situation
in South-East Asia,” the Committee Chair said.  “To achieve this, we call
on all ASEAN member States to consult further with the people of the
region, including civil society organisations, and to take on board their
concerns and aspirations.”

“The independent experts of the Human Rights Council Special Procedures
stand ready to provide further advice to ASEAN in this historic task,” he
added.

(*) Read the Open Letter of the Coordination Committee of Special
Procedures on behalf of mandate holders of the UN Human Rights Council:
http://www.ohchr.org/Documents/HRBodies/SP/LetterASEAN_Nov2012.doc

ENDS

“Special procedures” is the general name of the independent fact-finding
and monitoring mechanisms of the Human Rights Council that address either
specific country situations or thematic issues in all parts of the world.
Currently, there are 36 thematic mandates and 12 mandates related to
countries and territories, with 72 mandate holders. The Office of the High
Commissioner for Human Rights provides these mechanisms with support for
the fulfilment of their mandates.

Special Procedures of the Human Rights Council:
http://www2.ohchr.org/english/bodies/chr/special/index.htm

Thematic mandates:
http://www2.ohchr.org/english/bodies/chr/special/themes.htm

Country mandates:
http://www2.ohchr.org/english/bodies/chr/special/countries.htm

The Vienna Declaration and Programme of Action:
http://www2.ohchr.org/english/law/vienna.htm

For further information and media requests, please contact Daniel Collinge
(+41 22 928 9173 /dcollinge@ohchr.org)

For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 /
xcelaya@ohchr.org)

UN Human Rights, follow us on social media:
Facebook: https://www.facebook.com/unitednationshumanrights
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Google+ gplus.to/unitednationshumanrights
YouTube: http://www.youtube.com/UNOHCHR

Check the Universal Human Rights Index: http://uhri.ohchr.org/en

CWC on ASEAN Letter to the Ministry of Foreign Affair

Dear Your Excellency,

Warmest greetings from the Cambodian Women's Caucus on ASEAN.

On behalf of one hundred and seventy-six (176) representatives of several women groups, Cambodia Women Caucus (CWC) would like to submit you the Cambodia Women’s Statement which is the results of the Cambodia Women’s Forum (CWC) hold on 13th November 2012. And Also on behalf of the Southeast Asia Women Caucus we would like to submit you the statement of the ASEAN Women. Please kindly find submitting letter of the statement by Ms. Thida Khus, Focal Point for Cambodia Women Caucus (CWC) and Coordinating Committee Member of the Southeast Asia Women Caucus.

We strongly hope that you will consider the above and make us all proud.


Respectfully yours,

Cambodian Women Caucus is the civil society network that engages ASEAN to advance women’s human rights in Cambodian. We are extensive alliance of women organization in Cambodia, currently we have 31 partners, and we also the network of The Southeast Asia Women’s Caucus with over 55 partners in 11 countries. 

 Related Documents
 Formal Letter to AMM on submission the CWC and WC's Statement.pdf
 Cambodian Women Caucus Statement-Nov 2012 
 Women Caucus Statement-Nov 2012 

Public announcement on ACSC/APF 2012 Cambodia

Public Announcement

Phnom Penh, 12 November 2012

The Civil Society Committee of ASEAN Civil Society Conference/ASEAN People Forum (ACSC/APF 2012) is deeply disturbed to announce the repeated actions by the Cambodian authorities to disturb the peaceful assembly of the people and civil society from the Cambodia and ASEAN region.

The ACSC/APF Committee is currently concerned as it planned activities have been forced to change twice already this week for the Second ACSC/APF on 14-16 November 2012.

The ACSC/APF Committee had booked two places in order to organize this event on the above date. However the planned and booked location was cancelled due to actions by Cambodian authorities. We are concerned the third time will be even more destructive and in violation of basic human right to assembly.

First, on the 10^th November 2012, a group of unidentified local authorities came to disturb the owner of the CEF, which is an independent church. Due to this action of intimidation, the church requested us to cancel the regional conference.

Second, on the 13^th November 2012, another group of unidentified local authorities came to talk with the owner of the new location (Modern Center 5). The owner immediately decided to cancel the contract with the ACSC/APF Committee once again. The owner claimed that he got instruction from the top authority.

These freedoms of assembly, association and expression are fully guaranteed by both the Cambodian Constitution and the Constitutions of other ASEAN member states as well as International Human Rights instruments.  We note that the initiative to organize ACSC/APF is in line with the aim of the ASEAN Charter, to promote “a people-oriented ASEAN in which all sectors of society are encouraged to participate, and benefit from the process of ASEAN integration and community building” (Article 1.1.3).

We are now in an emergency Civil Society Committee to respond and guarantee public safety and security for the 500 participants from Cambodia and the ASEAN region, including international guests.

We regret this consistent pattern of abuse and intimidation at the hands of the authorities.  The Committee is still trying to approach the third location (which will be soon announced) tomorrow as we are still committed to organize. However, we are still worry that the government will intimidate our event again.  We reach out to global civil society and national NGOs to stand together in solidarity for the basic fundamental freedoms in Cambodia. The purpose of our conference is to bring the voices and concerns of the civil society and people of ASEAN to the ASEAN heads of state and world leaders during the 21^st ASEAN Summit. This goal can’t be reached if the authorities continue to escalate and prevent this civil society conference.

The Committee had done its due diligence to positively inform and involve the municipality and national government officials leading up to the conference. The Committee had submitted subsequent notification letters to both Phnom Penh Municipality and Ministry of Interior about this event. We had approached many senior government officials including the Ministry of Interior, Ministry of Foreign Affairs and International Cooperation, and the Council of Ministers. However, there was no positive response from them, neglecting the notification and invitation letters from the ACSC/APF Committee.

For more information, please contact with:

Mr. Sok Sam Oeun, National Steering Committee/ Executive Director of CDP

Tel: +855 12 901 199             Email:samoeunsok@googlemail.com

Ms. Yuyun Wahyuningrum, Steering Committee/Senior Advisor on ASEAN and Human Rights, HRWG, Indonesia,

Tel: +855 15 760 083,            E-mail:wahyuningrum@gmail.com

Mr. Kuol Panha, Drafting Committee/ Executive Director of COMFREL

Tel: +855 12 942 014             Email: kpanha@online.com.kh

Ms. Chalida Tajaroensuk, Steering Committee/ Director of People’s Empowerment Foundation, Thailand

Email: chalida.empowerment@gmail.com