NGO Law Monitor: Association of Southeast Asian States
Introduction | Key Facts | Members | At a Glance
Key Legal Texts | Overview | Reports | News and Additional Resources
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Last updated 6 June 2013
Update: On November 18, ASEAN adopted a Human Rights Declaration, which ASEAN Secretary-General Surin Pitsuwan said committed ASEAN nations to the “highest standards.” However, many rights groups say the declaration will likely fall short of minimum standards because, among other provisionsreasons, rights will be considered in light of “regional and national contexts." The U.S. Department of State is said it was “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.”
Introduction
The stated aims and purposes of the Association of Southeast Asian Nations (ASEAN) are: (1) to accelerate economic growth, social progress and cultural development in the region and (2) to promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries in the region and adherence to the principles of the United Nations Charter. Political scientists generally attribute the setting up of ASEAN in 1967 (plus other earlier efforts) to the member countries’ desire for a stable external political/military environment and the common fear of communism in the 1960s; the need to balance the influence of external powers and to pursue national economic development; and the concern with checking Indonesia’s ambition in the late 1960s to become a regional power through confrontation with Malaysia and Singapore.
ASEAN consists of ten member states. Founding member states in 1967 included Indonesia, Malaysia, the Philippines, Singapore, and Thailand. Brunei and Darussalam joined in 1984, Vietnam in 1995, the Lao P.D.R. and Burma (Myanmar) in 1997, and Cambodia in 1999.
ASEAN is often perceived negatively by Western governments (such as the EU and the US), especially when it comes to issues of political freedom. As a result, ministerial meetings between ASEAN and the EU are often attended by full ministers on the ASEAN side, but not on the EU side.
ASEAN currently faces challenges on the political front. The ASEAN Intergovernmental Commission on Human Rights (AICHR), which was established as ASEAN’s human rights commission in October 2009, is perceived to be “toothless.” Similarly, the ASEAN Declaration on Human Rights, which was signed in November 2012, fails to meet minimum international standards and could erode fundamental freedoms.
Key Facts
| Headquarters | Jakarta, Indonesia |
| Members | 10 |
| Established | 1967 |
| Founding Document | Bangkok Declaration; ASEAN Charter |
| Head | Secretary General Surin Pitsuwan |
| Governing Bodies | Meeting of the ASEAN Heads of State and Government (held annually) ASEAN Ministerial Meeting (Foreign Ministers) Secretary-General of ASEAN (five-year term) |
| Key Human Rights Agreements | Declaration on Human Rights |
| Key Judicial Bodies | ASEAN Inter-Governmental Commission on Human Rights Body (quasi-judicial body established on 23 October 2009) |
Members
| Brunei | Malaysia | Singapore |
| Cambodia | Myanmar | Thailand |
| Indonesia | Philippines | Vietnam |
| Laos |
At a Glance
| Freedom of Association | Legal Protection | Principle 32 of the ASEAN Human Rights Declaration states that “Every person has the right, individually or in association with others, to freely take part in cultural life, to enjoy the arts and the benefits of scientific progress and its applications and to benefit from the protection of the moral and material interests resulting from any scientific, literary or appropriate artistic production of which one is the author.” |
| Judicial Bodies | The ASEAN Human Rights Body - the ASEAN Inter-Governmental Commission on Human Rights (AICHR) was established on 23 October 2009. The AICHR is a consultative body, without authority to consider cases, issues binding decisions, or undertake investigative missions. | |
| Civil Society Participation | Ability to Participate in OAS Activities | Civil society organizations (CSOs) can become affiliated with ASEAN. Affiliation provides CSOs with information about and limited opportunities to participate in ASEAN policymaking. |
| Registration Process | Specific details are listed in “Guidelines on ASEAN's Relations with Civil Society Organizations” | |
| Registered CSOs | 58 | |
| Human Rights Defenders | Current Status | No specific information regarding human rights defenders available |
Key Legal Texts
Below are the founding documents of ASEAN and other important documents relating to the organization.
Overview
Fundamental Freedoms and Human Rights Bodies
There are no legal provisions in the ASEAN Charter that directly address the right to freedom of association. However, the ASEAN Human Rights Declaration, which was adopted on November 18, grants “every person” the right to freedom of association individually or with others (Principle 32), but this right is subject to “regional and national context” (Principle 7).
The ASEAN Charter does, however, make indirect reference to issues relating to freedom of association. Notably:
- The Preamble to the ASEAN Charter (page 2) states: “ADHERING to the principles of democracy, the rule of law and good governance, respect for and protection of human rights and fundamental freedoms;”
- Article 1 [Purpose (page 4)]: “7. To strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms, with due regard to the rights and responsibilities of the Member States of ASEAN;”
- Article 2 [Principles (page 6)]: “ASEAN and its Member States shall act in accordance with the following Principles: … (h) adherence to the rule of law, good governance, the principles of democracy and constitutional government.”
Perhaps most importantly, Article 14 of the ASEAN Charter envisions an ASEAN Human Rights Body:
- “In conformity with the purposes and principles of the ASEAN Charter relating to the promotion and protection of human rights and fundamental freedoms, ASEAN shall establish an ASEAN human rights body.
- This ASEAN human rights body shall operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers Meeting.”
On July 20, 2009, at the 42nd ASEAN Ministerial Meeting, the Ministers adopted the Terms of Reference (TOR) for the ASEAN Human Rights Body, which is called the ASEAN Inter-Governmental Commission on Human Rights (AICHR). The AICHR was inaugurated and the implementation of its terms of reference was endorsed by leaders of ASEAN Member States at its 15th Summit on October 23, 2009 in Hua Hin, Thailand. The Summit was held amid much criticism by civil society groups in the region that the AICHR lacks clear protection mechanisms and capability to address various human rights issues within the 10-nation bloc. In response to such criticisms, ASEAN leaders relied on the fact that the TOR of the newly established regional human rights body will be reviewed every five years.
The AICHR is conceived principally as a consultative body, without authority to issue binding decisions, consider cases, or undertake investigative missions. Its decisions are to be made by consensus, which means that current authoritarian regimes like Burma, Laos and Vietnam will wield veto power. Further, the commissioners appointed to AICHR are accountable to the individual appointing governments; individual governments can therefore appoint or remove commissioners as they deem appropriate. No independent observers are presently included on the Commission. The AICHR is only authorized to develop strategies, raise awareness, promote capacity building, develop common positions, issue advisory opinions, draft documents, undertake research, and facilitate dialogue and consultation between members. Consequently, there is a general perception that the Commission will not be effective and that instead ASEAN will use the AICHR to whitewash its own human rights violations.
Representatives of the newly inaugurated AICHR convened an informal introductory meeting on October 24, 2009 in Hua Hin, Thailand. A key issue is related to the nomination of representatives to the AICHR by ASEAN governments. The TOR for the AICHR states that each member state has the authority to appoint its own representative to the AICHR through a process that it deems appropriate. With the exception of Indonesia and Thailand, where the process of nominating representatives is perceived by civil society groups as fair, the selection process in the rest of the member states is exclusively handled by governments, with no consultation or participation from civil society. Each AICHR representative will serve a term of three years and may be consecutively re-appointed for only one additional term.
The AICHR convened its First Meeting from March 28 – April 1, 2010 at the ASEAN Secretariat. During that meeting, Rules of Procedure which will guide the operations and conduct of the AICHR were formulated. These rules were finalized at the Second Meeting of AICHR held from June 28 – July 2, 2010 in Viet Nam, and were submitted to the 43rd ASEAN Ministerial Meeting on July 19-20 for ratification and were approved. In addition, the 43rd ASEAN Ministerial Meeting approved the work plan of the AICHR, which enabled the newly-established body to proceed with their mandate, including the drafting of a regional declaration of human rights.
Civil Society Participation
The principal means for civil society to participate in ASEAN affairs (i.e., to establish a working link with an ASEAN body) is through written submissions to the ASEAN Secretariat. Basically, the working link allows CSOs to submit written statements to include proposals or positions and other recommendations. Specific details of establishing such affiliation are listed in “Guidelines on ASEAN's Relations with Civil Society Organizations”. Reportedly, however, civil society organizations have found this participatory mechanism to be weak and ineffective.
The application process for CSO affiliation is described in the Guidelines. Briefly, an application for affiliation shall include, at a minimum, information regarding the nature and purpose of the application of the CSO, its constitution and by-laws, a copy of its registration papers, its membership, background on its key officials, its function, activities, and projects, and its link body. All applications for CSO affiliation must be submitted to the Secretary-General of ASEAN. If the ASEAN Secretariat considers the application in conformity with the Guidelines, it shall be referred to the appropriate link body, or when an appropriate link body cannot be identified, the ASEAN National Secretariats, for their views. After four months, unless there is an objection, the application shall be submitted to the ASEAN Standing Committee for its consideration. The ASEAN Standing Committee shall consider the applications based on detailed criteria, relating to membership and conformity of CSO objectives with ASEAN aims, among others.
Historically, ASEAN has been adverse to the participation of civil society groups. During the 1990s opportunity arose under “Track Two meetings” for some form of representation from research institutes and NGOs in ASEAN. [Track One activities are carried out by governments; Track Two activities are carried out by strategic institutes and NGOs in the region.] In 2000, the first ASEAN People’s Assembly was convened. Indeed, in recent years, peripheral engagement with ASEAN has expanded, with more civil society groups convening satellite meetings. For example, there is the ASEAN Civil Society Conference, which was initiated in 2005. There is the ASEAN People’s Forum, initiated in 2008. The Working Group for an ASEAN Human Rights Mechanism has been lobbying for the establishment of an ASEAN human rights commission; the lobbying efforts have now gained momentum, with country chapters called national working groups established. In 2006, the Solidarity for Asian People’s Advocacy (SAPA) was initiated with a coordinating office set up in Jakarta so as to be close to the ASEAN Secretariat for lobbying purposes. The primary focus of these civil society conferences has recently been on the creation and establishment of the AICHR.
On 23 October 2009, at the 15th ASEAN Summit, rifts emerged between the member states and civil society organizations. Prior to a scheduled "interface meeting" with Heads of Government, five member states - Burma, Cambodia, Laos, the Philippines, and Singapore - refused to meet the five civil society representatives from those respective countries. The other civil society representatives were instructed that they would not be permitted to speak at the event. Only Dr. Surichai Wangaeo of Chulalongkorn University was allowed to make a statement. Consequently, civil society delegates from Thailand, Malaysia, and Indonesia walked out of the interface meeting.
Reports
| Human Rights Defenders | ASEAN's Road Map towards Creating a Human Rights Regime in Southeast Asia |
| SAPA Task Force on ASEAN and Human Rights | A Performance Report on the first yearof the ASEAN Intergovernmental Commission on Human Rights (AICHR) |
News and Upcoming Events
General News
JOINT STATEMENT OF THE ASEAN CIVIL SOCIETY CONFERENCE/ASEAN PEOPLES’ FORUM (May 2013)
"We, of more than 300 delegates representing Civil Society Organisations (CSOs) from ASEAN member states... hereby reaffirm our commitment to advocating a people-centred ASEAN based on human rights which underpin the three pillars of ASEAN..."
Controversial ASEAN Declaration of Human Rights endorsed (November 2012)
Southeast Asian leaders endorsed a controversial human rights declaration during the ASEAN annual summit. Heads of the 10-member Association of Southeast Asian Nations (ASEAN) hailed the declaration as a landmark agreement that would help protect the region's 600 million people. "It's a legacy for our children," Philippine Foreign Secretary Albert del Rosario told reporters after the signing ceremony. However, the declaration is widely criticized by civil society organizations for failing to meet international standards and for overly emphasizing human rights subject to “societal context.”
ASEAN needs formal civil society engagement mechanism on human rights (November 2012)
Unless appropriate formal and equitable engagement mechanisms are put in place, civil society will be not be in a position to effectively advocate for and ensure the protection of human rights in the region. This is the lesson to be gleaned from the adoption of the ASEAN Human Rights Declaration (AHRD) November 18 during the ASEAN Summit in Phnom Penh, Cambodia.
ASEAN leaders adopt lame-duck rights declaration (November 2012)
Pledging to promote and protect human rights along with democracy, rule of law and good governance, 10 ASEAN leaders adopted the first human rights declaration in the region amid criticism that it falls short of international principles. Critics are especially concerned about the lack of transparency during the drafting process and various clauses that detract from fundamental human rights principles.
Najib signs ASEAN’s first human rights convention (November 2012)
Prime Minister Datuk Seri Najib Razak signed ASEAN’s first human rights declaration (AHRD) in Cambodia today, officially committing Malaysia to its first foreign convention to promote fair treatment of every individual irrespective of race, religion and political opinion.
Civil society rejects flawed ASEAN Human Rights Declaration (November 2012)
65 grassroots, national, regional, and international civil society groups are calling upon ASEAN Member States to postpone the adoption of the ASEAN Human Rights Declaration, which is not worthy of its name. The organizations vow to reject the Declaration if it is adopted with its current text. Instead, they urge ASEAN Member States to send the draft back to the ASEAN Intergovernmental Commission on Human Rights (AICHR) with instruction to revise it so that it accords with international human rights law.
Cambodia disrupting civil society events and restricting freedom of assembly ahead of ASEAN Summit (November 2012)
Civil society organizations strongly urge the Cambodian authorities to immediately end the ongoing intimidation, threats and harassment of organizers, venue owners and participants involved in civil society events in Cambodia’s capital, Phnom Penh ahead of the 21st Association of Southeast Asian Nations (ASEAN) Summit and the 7th East Asia Summit.
UN Human Rights chief calls for review of ASEAN draft human rights declaration (November 2012)
United Nations High Commissioner for Human Rights Navi Pillay welcomed the emergence of the Bali Democracy Forum as an important platform for the promotion of good governance, the rule of law and human rights in the region, while urging ASEAN leaders to take more time to develop a regional Human Rights Declaration. The draft Declaration is due to be adopted at the ASEAN Summit in Phnom Penh. The 5th annual Bali Democracy Forum, taking place on November 8 and 9 and bringing together more than 80 government and international organizations, is focusing on promoting democratic practices, including participation, accountability and responsive governance.
ASEAN backs Vietnam’s bid for UN Human Rights Council in 2014 (October 2012)
Foreign ministers of ASEAN member countries pledged support for Vietnam’s candidacy for a 2014–2016 seat on the UN Human Rights Council. The officials voiced their support following an informal ASEAN foreign ministers meeting on the sidelines of the UN General Assembly in New York. The announcement comes amid Vietnam’s heightened Internet crackdown and just a week after Vietnamese authorities sentenced three pro-democracy bloggers to lengthy jail sentences.
AICHR meeting on the ASEAN Human Rights Declaration (September 2012)
The ASEAN Intergovernmental Commission on Human Rights (AICHR) called a consultation meeting with NGOs on the ASEAN Human Rights Declaration on September 12, 2012, in Manila, Philippines. FORUM-ASIA, together with the Task Force Detainees of the Philippines, the Philippines Alliance of Human Rights Advocates, SAPA Task Force on ASEAN and Human Rights, and the American Bar Association organized a CSO Forum on the ASEAN Human Rights Declaration as a preparation meeting on September 10 and 11, 2012, prior to the official consultation meeting of the AICHR. They expressed grave concern that the draft Declaration prepared by AICHR still falls short of international human rights law and standards.
Southeast Asian civil society groups call for improvements to Internet governance (August 2012)
Civil Society Delegates from Southeast Asia met with the 2012 Asia-Pacific Regional Internet Governance Forum (APrIGF). The meeting had the objective of raising human rights concerns in relation to the Internet, particularly on issues of freedom of expression and access to information online, as well as the role of civil society in Internet governance and policymaking.
Civil society organizations meet ASEAN Intergovernmental Commission on Human Rights (June 2012)
Representatives of Civil society organisations (CSOs) have today met the AICHR for the first time for a consultation on the drafting of the ASEAN Human Rights Declaration. The organisations have welcomed the Consultation as a positive step in the right direction. They also welcome the constructive and friendly atmosphere in which the Consultation was held, and the openness of AICHR representatives to the comments and suggestions by CSO representatives.
ASEAN civil society under stress (May 2012)
Cambodian Prime Minister Hun Sen displayed his finest brinkmanship in his handling of ASEAN-based civil society organizations at the recent ASEAN summit in Phnom Penh. Ahead of the leader's meeting, his government organized a conference of hundreds of government-sponsored non-government organizations (GONGOs) including local entities and those from other ASEAN member-countries.
Total reform is needed to make AICHR independent, effective and relevant to the ASEAN peoples (April 2012)
The performance of the ASEAN Intergovernmental Commission on Human Rights (AICHR) has been disappointing and wanting, epitomized by the lack of transparency, failure to consult with civil society organizations and no demonstrable progress in protecting and promoting human rights, according to a civil society assessment report on the performance of the AICHR for the period of October 2010 to December 2011. The report, titled “A Commission Shrouded in Secrecy”, was released jointly today by the Solidarity for Asian People’s Advocacy Task Force on ASEAN and Human Rights (SAPA TFAHR) and the Asian Forum for Human Rights and Development (FORUM-ASIA). The civil society coalition said a total reform is needed if the AICHR is to become more independent from the governments, more effective in responding to human rights violations and more relevant to the needs of the peoples in the region.
Civil society excluded from drafting process for historic ASEAN Human Rights Declaration (April 2012)
Nearly 150 civil society organizations have issued a “Joint Statement on Calling AICHR to release ASEAN Human Rights Declaration.” The CSOs are expressing disappointment over the continued secrecy and non-transparency in the drafting process for the historic ASEAN Human Rights Declaration (AHRD). They say the drafting committee has shunned all recommendations put forward by the civil society sector, and have called for a practical platform for their meaningful participation in the drafting of the ASEAN rights declaration. The ASEAN Inter-governmental Commission on Human Rights (AICHR) is meeting in Phnom Penh from April 9 -11, 2012.
News Archive
Activists call for delay in Myanmar's ASEAN chairmanship (October 2011)
CSOs ‘pleased’ with meeting with ASEAN leaders (May 2011)
RI should use Asean chair term to promote rights: NGO (January 2011)
Working to build an image for new Asian rights group (November 2010)
Southeast Asian NGOs give the ASEAN Human Rights body a failing mark as 17th ASEAN Summit starts (October 2010)
ASEAN seen failing on human rights at Hanoi summit (October 2010)
FIDH banned from attending the ASEAN People's Forum in Vietnam (September 2010)
AICHR drafts Rules of Procedure and Five-Year Work Plan (July 2010)
Indonesia to assume ASEAN chair in 2011 (July 2010)
ASEAN labour ministers to foster closer cooperation with civil society (June 2010)
Regional consultation on Rules of Procedure of AICHR (February / March 2010)
The foregoing information was collected by the ICNL NGO Law Monitor partner, Dr. James Gomez, Monash University (james.gomez@arts.monash.edu.au).