Você está na página 1de 20

ASEAN and Non-Interference:

Working Towards
a People-Centered AHRB
Consuelo Katrina A. Lopa
SEACA/ South East Asian Committee for Advocacy
SAPA/ Solidarity for Asian Peoples’ Advocacies
11-12 May 2009
SEAPA Journalism Fellowship Orientation Seminar,
Bangkok, Thailand
Overview of the Presentation
What is SAPA
SAPA perspectives on the ASEAN,
ASEAN Charter and community
building
SAPA engagement on the AHRB
What is SAPA?
An open platform for Asian peoples’
advocacies and collective action
Made up of civil society organizations,
NGOs, people’s movements
Engagement with governmental and
inter-governmental organizations
SAPA WG on ASEAN, TF on AHR
SAPA perspectives
on the ASEAN
Historically state centered (lack of
people’s access, lack of accountability
The ASEAN way: Decision making by
consensus (ASEAN-x), Non-
interference —Unanimity based on
the lcd, sabotaging consensus
building, political accomodation
Intention to be ‘people-oriented’
SAPA: on the ASEAN Charter
Process
Strategic value of engaging the ASEAN on
the ASEAN Charter:
Process and Substance: staking claims,
demanding accountability (towards a rules-
based organization), pushing for mutual
benefit of ASEAN states and ASEAN
peoples and communities
SAPA: Consensus building, constituency
building, engagement/advocacy on the
Charter
SAPA perspectives on the
ASEAN Charter & HR
Recognition of HR, democracy, good
governance & rule of law (Art 1)
Recognition of international standards on
human rights and humanitarian law
Provision for the Establishment of the
ASEAN HRB (Art 14)
Recognition of right of civil society to
participate in decision making in ASEAN
(Art 1.13)
SAPA perspectives on the
ASEAN Charter & HR
HR as limited by Art 1.7 “with due regard to the
rights and responsiblities of the Member States
of ASEAN
Does not define how ASEAN States should
interact with the people: consultative and
advisory spaces, procedures, dispute
settlement, compliance, disciplining,
sanctions; market orientation viz social and
economic justice, redistribution and
economic solidarity
SAPA perspectives on ASEAN
Community Building
ASEAN as not only states but
including peoples and communities
Promoting an alternative regionalism:
cooperation and solidarity rather than
competition
SAPA perspectives on the
value of ASEAN HR Body
Enhances national governments’
implementation of international HR
obligations; strengthens nat’l institutions
Regional body offers protection when
national mechanisms are absent or have
failed
Promotes regional peace and security;
addresses transboundary HR problems
Provides regional input to the development
international HR standards
Working Towards a People-
Oriented HRB
SAPA CSO Pocesses on AHRB
SAPA engagement with ASEAN
Substance of the SAPA advocacy on
the AHRB
SAPA CSO Processes on the
ASEAN Human Rights Body
Country Processes (May-Dec 2008)
Burm border, Camb, Indo, Lao, Mal, Phi,
Thai, Viet
Thematic Processes
Gender (Aug, Indo; Feb, Th), Disabled
(Feb, V), Ips (Feb, Th), Refugees (Apr),
Child Rights (May, Ind)
SAPA CSO Processes on the
ASEAN Human Rights Body
Regional Processes
Reg’l Consultation, Women and Children
(Sep)
SAPA TF-AHR, (Feb, Th; Sep, Mnl; Oct,
Ind; Dec, Ind; Mar,KL)
Experts Meeting on Regional HR
Mechanisms, (Apr, Indo)
SAPA Engagement on the
ASEAN Human Rights Body
Targets of Engagement
10 HLP Members of ASEAN tasked with
drafting the TOR of AHRB
4 HLP members: Thai, Indo, Mal, Phils and
2 alternates of Thai, Phil
ASEAN Secretariat
SAPA Engagement on the
ASEAN Human Rights Body
Spaces/Modes of Engagement
CSO Interface Meeting with HLP, Sep
2008, Manila and, Mar 2009, KL
Various dialogues with HLP members (Th,
Ph, Mal, Indo)
CSO Submissions to HLP on Sep 2008,
Feb 2009
SAPA: On Working Towards a
People-Oriented HRB
Mandate
AHRB to promote and protect HR, guided by
international norms
AHRB covers SEA citizens and all peoples in the
region
Organizational
separate tracks for Commission on Women and
Commission on Children, and eventually
integrated into the AHRB
Evolutionary view: towards an HR court
Working Towards a
People-Oriented HRB
Thematic Calls
inclusion of Ips, women, children,
refugees and stateless peoples in AHRB
mandate; human and humanitarian crisis
in Burma; call on ASEAN members to
ratify and implement IHR and humanitarian
laws
Critique of the TOR of the
AHRB
cultural relativism tends to undermine international
norms and standards
non-interference in internal affairs of members not in
consonance with HR
specify role of CS and HR violations victims in
AHRB
All HR bodies to be integrated in AHRB
NHRIs as supportive of AHRB work
HR protection must include assessment of HR sit,
investigative work, complaints mechanisms, progress
reports & recommendations, coord mechanisms on
transboundaries
The Way forward for the
AHRB
Elements in the Charter
Art 2H: “rule of law, good governance, and the
principles of democracy and constitutional
government”
Elements Absent in the Charter
no explicit reference to migrant workers, who
make up the regional labor flows; likewise,
asylum seekers and IDPs
Notion of ‘responsibility to protect’
The Way forward for the
AHRB
AHRB
strengthening an AHR Commission: on
site visits and fact finding; consultative and
advisory functions; human rights education
and public awareness
advocacy for an AHR Court: adjudication
on human rights violations with legally
binding decisions on member states
Thank you!

SAPA Working Group on the ASEAN


SEACA, Consuelo Katrina Lopa clopa@seaca.net
FORUM-ASIA, Yap Swee Seng yap@forum-asia.org

SAPA TF on ASEAN and Human Rights


HRWG, Rafendi Djamin rafendi@hrwg.org
FORUM-ASIA, Yap Swee Seng yap@forum-asia.org

Você também pode gostar