Kl yuyun-regional seminarhumanrights2014


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Kl yuyun-regional seminarhumanrights2014

  1. 1. LINKING UP IN THE REGION: CIVIL SOCIETY COOPERATION AND THE REGIONAL HUMAN RIGHTS SYSTEM Yuyun Wahyuningrum Senior Advisor on ASEAN and Human Rights Human Rights Working Group (Indonesia) Regional Seminar on Human Rights in Southeast Asia Kuala Lumpur, 6-7 May 2014
  2. 2. History CSO Advocacy in ASEAN Within all limitation in ASEAN:  History of civil society engagement with ASEAN. It is a journey of believing that engagement can make change.  History of national political opening contribute to the political space at regional level.  History of democracy movements in ASEAN countries. The opening political spaces at the national level impact the situation at the regional level.  History of interaction between national and international efforts and dialogue on human rights.  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.
  3. 3. ASEAN Human Rights Systems Conventions: Norms/ Instruments Commission/Committee ASEAN Human Rights Court?? ACWC 2010 AICHR 2009 ACMW 2008 The 3Cs in Human Rights Architecture
  4. 4. AICHR after five years • Human Rights Dialogue (25 June 2013): Government of Indonesia invited AICHR Representatives on Human Rights Dialogue to hear its report on human rights situation, its challenges and possible with AICHR in the future. The Government of Thailand has agreed to be the State to Report to AICHR on its human rights situation in August 2014 • AICHR-CPR joint-collaboration to have a public discussion during the 46th ASEAN Anniversary (August 2013) in ASEAN Secretariat in Jakarta taking the theme “Community Building through the Implementation of the ASEAN Human Rights Declaration (AHRD)” • AICHR Thailand initiative on visiting Klongprem Central Prison (November 2013) to observe detention and treatment of female, child and undocumented migrants facilities • Held a retreat in May 2013 to talk about country’s human rights situation: Laos (on S. Somphone) and Myanmar (on Rohingya).
  5. 5. AICHR after five years • AICHR Indonesia’s initiative to hold the annual Jakarta Human Rights Dialogue as a venue for human rights stakeholders to discuss different topics on human rights: ASEAN Charter review and its implication to human rights architecture (2012), prevention of torture (2013) and death penalty (2014). Thailand will host similar initiative in November 2014 on Bangkok Human Rights Dialogue with the theme on access to justice. • AICHR’s Stakeholders meetings/consultations took place from 2012-2014 • (On-going) AICHR Guideline in engaging civil society groups. • Studies: CSR and human rights, migration and human rights, right to peace, trafficking in persons • Country Visit 2014 – Indonesia • Engagement with International and regional human rights institutions
  6. 6. AICHR after five years • The creation of AICHR is a step towards cooperation on human rights. It demonstrates that ASEAN integration is not always about economic cooperation. • Generate human rights debates in ASEAN • Generate civil society movement on human rights in ASEAN, both thematic-based or general issues • Generate interests from other neighbor sub-region to establish similar mechanisms • Generate cooperation and dialogue on human rights between ASEAN and its dialogue partners
  7. 7. Post-Charter Cooperation with Dialogue Partners on human rights Area of Cooperation Plan of Action to Implement the Joint Declaration on ASEAN-China Strategic Partnership for Peace and Prosperity (2011-2015) 1.6.1 Collaborate on human rights through regional dialogues, seminars and workshops, education and awareness raising activities, as well as exchanges of best practices and other capacity building initiatives aimed at enhancing the promotion and protection of human rights and fundamental freedoms. This includes supporting the work of the ASEAN Intergovernmental Commission on Human Rights (AICHR), which is the first regional mechanism and overarching institution for the promotion and protection of human rights in ASEAN. ASEAN-European Union: READI ASEAN human rights related mechanisms: AICHR, ACWC, ACMW, ACW ASEAN-US ACWC
  8. 8. AICHR after five years • Generated more discussion in both bilateral and multilateral relations among states in ASEAN and also with Dialogue Partners as well as among civil society in the region. • Civil society groups are more organized in addressing issues both generally or thematically on human rights, especially to voice for the voiceless, promote social cohesion and equality, strengthen social capacities, advocate for ASEAN reform, ensure that ASEAN is accountable, and act as an important check-and-balance for the promotion and protection of human rights in the region. • The growing activism of civil society organisations has been contesting the ASEAN’s way of human rights socialisation, especially on holding non-interference and the rejection to the inclusion of self-determination in AHRD. • The space/platform to debate human rights publicly in the region is gradually opened up
  9. 9. CSO Platforms in engagingASEAN Name frequent Engaging the body ACSC/APF annually ASEAN SUMMIT Head of States/Governments ASEAN Disability Forum (ADF) annually ASEAN Youth Forum annually ASEAN Grass-root People Assembly annually ASEAN Community Dialogue 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
  10. 10. ASEAN Community Dialogue Jakarta, 2012 Jakarta, 2013
  11. 11. Dialogue with ASEAN Secretary General on Human Rights Jakarta, 2012 Jakarta, 2013
  12. 12. CSO’s Engagement Meeting Minister Foreign Affairs, Jakarta, 2012 Meeting CPR Indonesia, Jakarta, 2013
  13. 13. CSO’s Engagement PwD-AICHR Dinner, Jakarta, 2013 AHRD Consultation, Manila 2012
  14. 14. CSO’s Engagement Visit ASEAN Foundation 2014 Visit Myanmar Ambassador to ASEAN, 2013-2014
  15. 15. CSO’s Engagement Jakarta Human Rights Dialogue Consultation with AICHR on TOR
  16. 16. CSO’s Inputs to TOR Review: need your support • 1) On Protection mandates: • (Individual) complaint mechanism: To receive, analyse and investigate individual petitions and produce recommendations on the alleged human rights violations committed by states and non-state actors. • Special procedures – Working Group, Special Rapporteurs, Country visits: To carry out on-site visits to countries to engage in more in-depth analysis of the general situation and/or to investigate a specific situation by the Commission or by the appointed Special Procedures. The reports of these country visits shall be published publicly • Human rights peer review – to explore ways and means of ensuring that review aims at promoting human rights protection cooperation among member states. • 2. On Independency of AICHR Representative, participatory selection process in all ASEAN member states, mechanism for accountability (to the people and not to the member states) • 3. On Transparency and civil society engagement mechanism for and access to information
  17. 17. Challenges • Lack of access, space, transparency, political will from ASEAN and AICHR to engage with civil society • Lack of coherence on human rights cooperation in ASEAN, including among human rights mechanisms in ASEAN • Different level of democracy in ASEAN member countries • Need to improve CSO capacity (skills, physical, resources) to engage with ASEAN – intergovernmental bodies • Basic freedom has been targeted to be removed from ASEAN human rights discussion: • Freedom of association – removed from AHRD • Peaceful assembly is going to be removed from Framework Instrument on the Protection of Migrant Workers