Tuesday, November 20, 2012
វេទិកាពិគ្រោះយោបល់លើសេវាអនាម័យ និងទឹកស្អាតនៅក្រុងតាខ្មៅ
វេទិកាពិគ្រោះយោបល់លើសេវាអនាម័យ និងទឹកស្អាតនៅក្រុងតាខ្មៅhttp://kohsantepheapdaily.com.kh/article/57478.html
US Government Press Statement on AHRD
ASEAN Declaration on Human Rights
Press Statement
Victoria Nuland
Department Spokesperson, Offic
Department Spokesperson, Offic
Washington, DC
November 20, 2012, http://www.state.gov/r/
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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Sunday, November 18, 2012
ASEAN Approves Controversial Human Rights Declaration
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.
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.
Phil Robertson
Deputy Director, Asia Division
Email: RobertP@hrw.org
Skype: philrobertsonjr
Twitter: @Reaproy
Human Rights Watch (HRW)
350 Fifth Avenue, 34th Floor
New York, NY 10118-3299
Friday, November 16, 2012
NEWS RELEASE - “ASEAN Human Rights Declaration should maintain international standards,” urges key UN expert group
http://www.ohchr.org/EN/
“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 Twitter: http://twitter.com/ UNrightswire Google+ gplus.to/ unitednationshumanrights YouTube: http://www.youtube.com/UNOHCHR Check the Universal Human Rights Index: http://uhri.ohchr.org/en
Tuesday, November 13, 2012
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
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
Monday, November 12, 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 10th 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 13th 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 21st 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
Monday, August 6, 2012
The Nations: Reform or Become Irrelevant
Originally : The Nation
Date: August6, 2012 1:00 am,
Shared by: ASEANcats@googlegroups
On Behalf Of Yuyun
Subject: [ASEANcats] Kavi Chongkittavorn: ASEAN At 45, Reform Or Become Irrelevant
Subject: [ASEANcats] Kavi Chongkittavorn: ASEAN At 45, Reform Or Become Irrelevant
 |
| Cambodian Foreign Minister Hor Nam Hong |
On Wednesday ASEAN will be 45 years old. Even at this juncture, the earlier words of warnings from a founding father still ring loud inside the ear drums. "If ASEAN does not hang together, they shall be hung separately," stated S. Rajaratnam, former Singapore foreign minister on the reason why the grouping must stick together at the earlier hours after the establishment of ASEAN in 1967.
At this juncture, Cambodian Foreign Minister Hor Nam Hong is still communicating with his ASEAN colleagues to work out an alternative document that would contain the decisions of the failed joint communiqué. Somehow, mutual trust has been lost among them which urgent needs to be restored. Up until the weekend, they have only agreed on a list of key action oriented outcomes. The problem is, the list, which is till need a consensus still does not contain the controversial South China Sea dispute. Within diplomatic circuits in ASEAN, in the past weeks stories of how Hor Nam Hong snubbed the joint efforts by Indonesian Foreign Minister Marty Natalegala and Singaporean Foreign Minister K. Shanmugam at the last minute to save the draft were wide-spread.
Some ASEAN countries are very concerned that the South China Sea is overshadowing all other issues in ASEAN. If this disagreement continues it could spoil the upcoming series of summits scheduled in the third week of November as well as other future plans. Followed Indonesian President Bamban Susilo Yudhoyono and Singaporean Prime Minister Lee Hsien Loong's personal appeal to Prime Minister Hun Sen, Malaysian Prime Minister Najib Razak has recently written to him the other day with a strong message that ASEAN must not let the South China Sea dispute affect the building of ASEAN Community. Shamefully absence from all these endeavors is Thailand, the current coordinating country of ASEAN-China relations. However, Hun Sen responded unwittingly by referring to the letter dated 26 July dispatched by Hor Nam Hongto his colleagues about the chair's effort to come up with an internal document that detailed the decisions made in the July meeting that failed to mention the dispute.
In case ASEAN is unable to come up with a new document in the next 48 hours, it could represent the darkest chapter of its history. Most importantly, it will reflect badly on the chair as Cambodia earlier pushed to highlight the grouping success in the past 45 years under its chair. The Phnom Penh Declaration was issued to that effect, which is now proved hallow.
There have been some informal discussions among officials and academics about the need to come up with the rule of procedure to guide a rotating chair in the future. At the moment, there are no clear rules concerning the ASEAN chair and its relations with other ASEAN organs and how the ASEAN Secretary General and its staff can be of assistance. The ASEAN foreign ministers took things for granted that they would be able to form a consensus on any issue, albeit disagreements, as in the past four decades. But the Phnom Penh incident changed all that.
More importantly, there must be a review of the position of Secretary
General and the Secretariat for the benefit of coordination and cross-sectoral cooperation.
Indeed, the disagreements among the ASEAN members over the maritime's dispute
have rendered urgency to the various recommendations submitted last year by
Secretary General Dr. Surin Pitsuwan. In his special report concerning
challenges facing the ASEAN and its secretariat to the Indonesia, which chaired
ASEAN last year, he urged the ASEAN leaders to spell out clearly various roles
and duties of each ASEAN organ and how they relate to each other.
After the ASEAN Charter came into effect in 2008, new organs were
created to help the member countries to adhere to numerous ASEAN agreements and
commitments. These were the ASEAN Coordinating Council, ASEAN Political-Security
Council, ASEAN Economic Community Council, ASEAN Socio-Cultural Council, the Committee
of Permanent Representatives, et al. At the same time, the position of
Secretary General of ASEAN has been conferred as the Chief Administrative
Officer of ASEAN with a ministerial rank. Surin was the first the ASEAN head
with a ministerial rank before serving in the secretariat. That helps explain
why Surin's successor, Le Luong Minh from Vietnam is a vice foreign minister.
Soon the ASEAN leaders will have to decide whether the ASEAN Charter needed to be reviewed in order to improve the efficiency of decision making within the organization. Followed the charter's coming into forces, member countries adopted a list of supplementary agreements, which continues until today. As long as these negotiations are not complete, the flow of operations at various levels within ASEAN will not be smooth. The lack of clarity on the roles and relationships among the various organs within ASEAN has caused serious structural problems in running day-to-day activities.
Here are some important questions that the ASEAN leaders must be addressed. Is the Secretary General of ASEAN the only ASEAN representative with ministerial rank? Given his/her wider access to summits and ministerial meetings including G20 and other global for a, is the Secretary General distinctive from other foreign ministers or sectorial ministers in ASEAN? If so, what short of value do the ASEAN governments attach to the unique perspective of ASEAN articulated by the Secretary General?
It is an open secret that Dr. Surin has tried consistently to raise these pertinent issues in the past two years to pave the way for a more efficient secretariat in the future. Indonesia and Thailand have been supportive of his endeavors. Deep down, other more conservative members want continued ambiguities to reign because whenever there are controversies, the ASEAN leaders or ministers will have the final say. Even though ASEAN is more integrated than before, there is no plan to allow the ASEAN chief to speak on their behalf. As such, new and existing programs and activities could come to a halt if their decisions are not put into official records such as the case in Phnom Penh.
As a rule based organization, ASEAN needs to review the charter and undertake further bold reform efforts. Brunei, the ASEAN chair next year, must seize the initiative now. Surin's recommendations should also be given a full support as he knows firsthand about the organization's potentials and pitfalls from the five-year experience. Without these reforms, ASEAN will be plagued with growing national interests depleting the common ASEAN interests which will further weakening ASEAN as a whole.
Soon the ASEAN leaders will have to decide whether the ASEAN Charter needed to be reviewed in order to improve the efficiency of decision making within the organization. Followed the charter's coming into forces, member countries adopted a list of supplementary agreements, which continues until today. As long as these negotiations are not complete, the flow of operations at various levels within ASEAN will not be smooth. The lack of clarity on the roles and relationships among the various organs within ASEAN has caused serious structural problems in running day-to-day activities.
Here are some important questions that the ASEAN leaders must be addressed. Is the Secretary General of ASEAN the only ASEAN representative with ministerial rank? Given his/her wider access to summits and ministerial meetings including G20 and other global for a, is the Secretary General distinctive from other foreign ministers or sectorial ministers in ASEAN? If so, what short of value do the ASEAN governments attach to the unique perspective of ASEAN articulated by the Secretary General?
It is an open secret that Dr. Surin has tried consistently to raise these pertinent issues in the past two years to pave the way for a more efficient secretariat in the future. Indonesia and Thailand have been supportive of his endeavors. Deep down, other more conservative members want continued ambiguities to reign because whenever there are controversies, the ASEAN leaders or ministers will have the final say. Even though ASEAN is more integrated than before, there is no plan to allow the ASEAN chief to speak on their behalf. As such, new and existing programs and activities could come to a halt if their decisions are not put into official records such as the case in Phnom Penh.
As a rule based organization, ASEAN needs to review the charter and undertake further bold reform efforts. Brunei, the ASEAN chair next year, must seize the initiative now. Surin's recommendations should also be given a full support as he knows firsthand about the organization's potentials and pitfalls from the five-year experience. Without these reforms, ASEAN will be plagued with growing national interests depleting the common ASEAN interests which will further weakening ASEAN as a whole.
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