1. STRENGTHENING HUMAN RIGHTS
SYSTEMS IN ASEAN:
THE ROLE OF CIVIL SOCIETY
YUYUN WAHYUNINGRUM|Senior Advisor on ASEAN and Human
Rights | Human Rights Working Group (HRWG) Indonesia
wahyuningrum@gmail.com

2. In Search of Human Rights
Mechanism in ASEAN
 1993 FMs agreed that ASEAN should consider the
establishment of an appropriate regional
mechanism on human rights
 1995 Establishment of the Working Group on ASEAN
Human Rights Mechanism (WG)
 1996 First meeting between WG and ASEAN SOM
 Establishment of NHRIs in Philippines 1987, Indonesia
1993, Thailand 1998 and Malaysia 1999
 2004 Adoption of VAP with action programs relating
to human rights
 2007 Signing of Declaration of Cooperation among
the 4 NHRIs
 2007 Signing of the ASEAN Charter, Article 14: AHRB

3. 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.

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

5. 1st C: “Commissions”
AICHR
 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
ACWC
 Created based on SC Blueprint
 Established: 7 April 2010
 20 Representatives (Women
Rights and Child Rights)
 16 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

6. AICHR & ACWC
MODALITIES, PRINCIPLES, NATURE
noninterference
intergovernment
al body
evolutionary
approach
consultative
consultation
consensus

7. FACTS ABOUT AICHR & ACWC
AICHR & ACWC are part of
ASEAN organs
AICHR & ACWC work based on
TOR, RoP, and Work Plan
AICHR & ACWC members are
representing the government
AICHR is an overarching
body on human rights
ACWC is specialized body
on the rights of women and
children
AICHR reports to Foreign
Ministers
ACWC reports to ASEAN
Ministers Meeting on Social
Welfare and Development
AICHR has standard setting
mandate:
Declaration, Conventions
ACWC can speak on behalf
of women, children, victims
7

8. 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)
 2008-2011 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)

9. Norms/Instruments
Children
Women
Trafficking
• 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
• 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
•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, Philippi
nes

10. 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
ASEAN
Charter, Arti
cle 14, 2008
Terms of
Reference
on
AICHR, 2009
ASEAN
Declaration
on Human
Rights, 2012
Conventions
on Human
Rights in
ASEAN?

11. 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”

12. 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

13. 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

14.  The content of AHRD is a reflection of difficult negotiation
between two extreme position 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

15. CSO’s positions toward AHRD

16. 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

17. 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
10-115 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

18. 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 topublic
 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

19. Civil Society Involvement during and
after the drafting of TOR AICHR

20. TOR AICHR & Its Timelines
Protection
of HRs
Promotion
of HRs

21. 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?

22. CIVIL SOCIETY
ENGAGEMENT WITH ASEAN

23. 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.

24. ASEAN Guideline for the
Engagement with Civil Society
2006’S GUIDELINE
 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
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

25. Current CS Engagement with
Human Rights Mechanisms
AICHR
 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
ACWC
 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

26. ASEAN Civil Society
Conferences/ASEAN Peoples Forums
2005-2013
Year
Place
The Name of the Event
2005
Shah Alam,
Malaysia
1st ASEAN Civil Society Conference (ACSC)
2006
Cebu, the
Philippines
2nd ASEAN Civil Society Conference (ACSC)
2007
Singapore
3rd ASEAN Civil Society Conference (ACSC)
2009
Bangkok,
Thailand
4th ASEAN Civil Society Conference (ACSC)/ 1st ASEAN
Peoples’ Forum (APF)
2009
Hua Hin,
Thailand
5th ASEAN Civil Society Conference (ACSC)/2nd ASEAN
Peoples’ Forum (APF)
2010
Hanoi, Vietnam
6th ASEAN Peoples’ Forum (APF)
2011
Jakarta,
Indonesia
ASEAN Civil Society Conference (ACSC)/ ASEAN Peoples’
Forum (APF) 2011
2012
Phnom Penh,
Cambodia
ASEAN Civil Society Conference (ACSC)/ ASEAN Peoples’
Forum (APF) 2012 – March & November
2013
Brunei
ASEAN Civil Society Conference (ACSC)/ ASEAN Peoples’
Forum (APF) 2013 – April
2014
Myanmar
?

27. What has been the collective knowledge we
produced through 8 years’ ACSC/APF?
ASEAN’s Alternative Regionalism
(Source: HRWG Study, 2011)
•Particularly:
Women &
Youth, Indigenous
People / Ethnic
Minority, and CSOs
•Against unjust
FTA, privatization,
•Reject neoliberal
economic policies
•Democracy
•Human Rights
•Transparency
•Accountability
•Mainly:
ILO, UNFCCC, CED
AW, UNCRC, UNDRI
P, &MDGs

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

29. Leaders’ Interface Meeting with CS
Year
ACSC/APF Process (Track III/CS)
2005,
Malaysi
a
ASEAN ISIS Process (Track II/Think Tank)
1st ACSC/ ASEAN Civil Society
Conference in Shah Alam
15 Minute Meeting
Mixed Delegation of 10 and 10
ASEAN Heads of State
2006, Ph 2nd ACSC
ilippines No Interface Meeting with
Leaders
APA/ASEAN Peoples’ Assembly by
ASEAN ISIS (process recognized by
ASEAN Chair) in Manila
No Interface Meeting with Leaders.
Instead Reading of APA Chairman’s
Report
2007,
3rd ACSC
Singapo No Interface Meeting with
re
Leaders
ACSC 2007 by SIIA Simon Tay (process
recognized by ASEAN Chair)
No Interface Meeting with Leaders.
Instead Reading of ACSC 2007
Chairman’s Report

30. Leaders’ Interface Meeting with CS
Year
ACSC/APF Process (Track
III/CS)
2009, Feb
ruary, Ba
ngkok
4th ACSC (within the 1st ASEAN Peoples’ Forum)
30 minute Interface between CS Delegation and ASEAN Heads of
State
Hua-Hin, Thailand was divided into two sections. The first 15 minutes
was for the meeting with CS Delegates and the rest 15 minutes was
for those who have been rejected by the Rep of Government
(Myanmar and Cambodia)
2009
October,
Cha-am
2nd ASEAN Peoples’ Forum/5th ASEAN Civil Society Conference
15 minutes, Interface Meeting between CS Delegation (some
government appointed) and ASEAN Heads of State (optional)
2010
Hanoi
6th APF
No Interface Meeting with Leaders. Instead CS Reps met with Chair
of ASEAN, the Vice Prime Minister of Vietnam.
Recognition of the process. ASEAN Chairman’s statement: 2
paragraphs appreciation of organizing of the APF and took note of

31. Leaders’ Interface Meeting with CS
Year
ACSC/APF Process (Track III/CS)
2011, J
akarta
•10 persons representing 10 countries
•45 minutes (additional 15 mins from earlier agreement 30 mins)
•4 speakers (extended from initially only one speaker allowed)
•Time: 15:45 –
•10+1 (HoS/G + Foreign Min), ASG + DSG Corp and Comm
Affairs
•Indonesia’s President greets all CS Delegates at the door
•Indonesia’s President welcomes CS Delegates, makes speech
and allows CS Delegate to speak
•All delegates introduce themselves by mentioning the name
and followed by “I am from ASEAN”
•Indonesia’s President, Malaysia PM Najib, Razak, Thai PM Abishit
Vejajiva, and PM Vietnam Nguyen Tan Dzung responded (see
Annexes)
•Indonesia’s President gives closing remarks and walks toward
the CS Delegate and shakes their hand one by one. All leaders

32. Leaders’ Interface Meeting with CS
Year
ACSC/APF Process (Track III/CS)
2012,
Phnom
Penh
• Head of States met representatives from GONGOs of 8
countries (absent: Indonesia and the Philippines)
•30 minutes
•Topic: gender and development
2013,
Brunei

33. CULTIVATING GAINS
 Civil Society’s role is visible in ASEAN community building
 Civil Society engagement improve the accountability of
ASEAN. A critical and watchful civil society is a factor of
paramount importance for good governance
 Growing discussion on governance and government,
people-oriented versus people-centered organization
 ACSC should remain as one of the key platforms which civil
society uses to exchange ideas and advance their inputs to
ASEAN leaders and relevant policy-makers
 Civil-Society should maintain its process as civil society-led
and show willingness and readiness to engage with ASEAN
and its Member Government
 He organizing of ACSC should be improved from time to
time through trying and experiencing