Defending a region’s rights can be a balancing act
Bangkok Post, 14th October 2009

Sriprapha Petcharamesree has been endorsed as Thailand’s representative to the Asean Intergovernmental Commission on Human Rights.

The 53-year-old yesterday spoke to Achara Ashayagachat immediately after being given the three-year AICHR posting.

How will you live up to the different expectations of the civil society and the government?

Expectations vary from one country to another. Launching the commission is a state obligation and needs the involvement of more than one ministry, not just the Foreign Ministry alone. There are also other ministries and agencies that have a role to play in promoting human rights, including the National Human Rights Commission .

Regionally, the AICHR is expected to serve as a link between the state and the civil sector. It could even be asked to offer advice and technical assistance on how to organise fair and free elections in Burma next year.

Do you feel the agency has a limited scope of authority, and what are its shortcomings?

As a voice of the Association of Southeast Asian Nations, I think we should only defend Asean when we really need to in the international arena, but not if they are not taking good care of their people as the spirit of the Asean charter demands. Neither should member states expect the AICHR to act as their mouthpiece if things are not in line with our mandate.

If you ask me whether I feel heavy-hearted or am afraid of conflict, the answer is no.

This is because the Asean governments and the AICHR share the same goals in promoting and protecting Asean people’s rights.

But I need to make clear that I am not the representative of the Thai government but of the Thai civil sector, which was involved in the selection process.

For controversial terms of reference, we may have to borrow Dr Vitit Muntabhorn’s guidelines which state that things that are not prohibited (by the terms) are not forbidden.

I try to encourage myself to interpret our job description more creatively so that we will not be easily discouraged. After all, the promotion aspect remains important in the region.

We could gather information and commission certain bodies to prepare studies on such issues as child soldiers – now also a problem in southern Thailand – migrant workers, violence against women, human rights violations, and development projects.

How could the AICHR and the NHRC collaborate?

The NHRC has a larger mandate as it can receive petitions and undertake investigations, while we could not move on such things without the consent of the hosts. Yet, I believe there are issues that carry cross-border impacts which the NHRC cannot grapple alone. On issues like dam construction impacts, such problems are rather common in the region, and the AICHR is in a good position to handle them.

How will the AICHR get started?

After the Asean leaders meeting in Cha-am next week, Thailand as the chair of the meeting will propose the establishment of a human rights fund.

I realise that from NGOs’ point of view, Burma might be on top of the agenda. But there are also other more important issues to be addressed, and we need to make sure none of the member governments are offended.

What will happen if the AICHR’s consensus is not in line with the governments’ expectations?

Autonomy is important, but communications and consultation with Asean foreign ministers is also key.

Are you afraid of losing your identity as a strong and principle-oriented person?

I certainly do not like to compromise my principles but will offer my cooperation in working out the details and the procedures.

I don’t have the diplomatic skills to compromise if those skills mean I must offer blank promises without an honourable commitment. Certainly, it is not an easy job.

See below for a newspaper commentary on the new ASEAN Intergovernmental Commission for Human Rights (AICHR)

http://www.nationmultimedia.com/2009/08/31/opinion/opinion_30111033.php
Making AICHR work for Asean citizens
By Kavi Chongkittavorn
The Nation
Published on August 31, 2009

FOR THE NEXT TWO WEEKS, Thailand will be on the look-out for an ideal person to serve as the Thai representative of the upcoming Asean Intergovernmental Commission for Human Rights (AICHR). The candidate must be willing to work for free and be keen to promote human rights in the most diverse, if not difficult, region in the world. Knowledge of Asean affairs, especially the human rights situation, a good track record of human rights protection and an excellent command of English are a must. During the three-year stint, the successful candidate will be given a free hand in managing a Bt1-million fund to support activities or plan of actions related to human rights within the country and Asean. Other expenses related to AICHR will be paid by the government.

Indonesia , Philippines and Malaysia, which have their own national human rights commissions, are expected to do the same. The remaining members would either stick to their High Level Panel (HLP) members who helped draft the AICHR terms of reference or pick a new government representative. At least half of HLP members will probably return as the commissioners. They consider themselves the gatekeepers.

Against this background, independent human rights experts are pivotal to ensure that the rights body would perform its dual functions to promote and protect human rights in balanced ways, without discrimination. A majority of Asean members preferred human rights promotion than protection – this bone of contention remains. However, at last week’s meeting between members of Asean-based civil society groups and HLP in Jakarta, both sides expressed their willingness to work together to ensure AICHR will serve the 590 million Asean citizens despite their unresolved disagreements over the terms of reference (TOR). The AICHR will need all the help it can get from all stakeholders from the formal and informal sectors.

To provide such assurance, the HLP will issue a political declaration at the Asean summit in Cha-am, Hua Hin to reiterate Asean’s political will to promote and protect human rights and fundamental freedoms, and to indicate Asean’s vision for the development of human rights cooperation. At the moment, quite a few HLP members have already submitted their own versions with different emphasis and twists. Last week, a coalition of 70 Asian civil society groups also released its own political declaration calling for the establishment of a regional human rights court.

Civil society groups expect the AICHR’s so-called evolutionary process would be an accelerated one and eventually incorporate all features of the existing regional mechanisms as in Europe or Africa. The TOR-AICHR will be reviewed in five years – quite a long time from non-governmental organisations’ point of view. They encourage pro-human rights Asean members to push the envelope and serve as models for other recalcitrant members to emulate through pragmatism and actions. During the painstaking deliberation, majority of HLP members refused to give mandate to the AICHR for cross-country work – receive complaints, monitor and investigate human rights abuses.

Once it is launched in October, it remains to be seen how the AICHR will proceed next year when Vietnam succeeds Thailand as the Asean chair. Vietnam has already set up a national committee for Asean Chairmanship to identify issues and objectives that Asean would like to achieve under its leadership. At the Asean summit in March, Vietnam welcomed the dialogue between the Asean leaders and civil society sectors and subsequently urged them to work out a modality for the institutionalisation of the interface. Vietnam’s plan of action will greatly impact on the relations between Asean and civil society groups as well as the future direction of human rights cooperation.

Vietnam’s huge challenge ahead will be how to cope with the growing empowerment of the people’s sector inside and in Asean. They are better equipped to articulate, monitor and lobby for issues related to Asean-wide protection of human rights and people-oriented causes. Under the Thai chair, they have been holding repeated dialogues directly with the HPL members and working with the pro-human rights Asean members. They have learned to appreciate the limits and potential of Asean and its cooperation on sensitive issues. They now have a more realistic view of Asean.

Looking ahead, certain articles of the TOR-AICHR could be used wisely to tackle sensitive issues as the commissioners have the mandate and function to take initiatives on human rights. Take for instance, the Article 4.8, which states that the AICHR must engage in dialogue and consultation with other Asean bodies, including civil society organisations and other stakeholders. This provides a window for the commissioners to continue the dialogue with the civil society groups.

Furthermore, Article 4.10 states in general terms that one of the AICHR functions is to obtain information from Asean on the promotion and protection of human rights. Information can be anything that the AICHR desires. So there is still room for manoeuvre. Eventually, each of the 10 commissioners would make a difference, either to push Asean human rights to a new plateau or to make a mockery of Asean aspirations.

However, the biggest spoiler is Article 2.1.b on the non-interference in the internal affairs of Asean members. After 42 years, this long-held and much-abused principle is under scrutiny. While most of the Asean members still respect this protective shield, others want to move ahead with ongoing regional and global diplomatic dynamics, dwelling on collective responsibilities and shared norms. The litmus test will come soon when the current Asean chair submits the Asean statement on Burma calling for Aung San Suu Kyi’s freedom, which will be signed by only half of the Asean members (Thailand, Indonesia, Malaysia, Philippines, and Singapore). For the first time, Asean is washing its dirty linen for all to see. This Asean core group does not want to be held hostage by Burma’s intransigence and lack of credibility anymore.

This is a good sign for the future Asean Community. Substantive changes of policies and practices on Burma would come from these members, after all they were the original drafters of the non-interference principle 33 years ago, which are currently asking for broader interpretations and applications.

The Bangkok Post recently commented on the proposed ASEAN Human Rights Body, see below.

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Toothless in infancy, but the victory is in being born

How will you see the situation in Burma, where the Nobel laureate Aung San Suu Kyi is facing the possibility of a five-year prison term? That will be the first litmus test for the new human rights body.

Writer: ACHARA ASHAYAGACHAT
Published: 16/07/2009 at 12:00 AM
Newspaper section: News

Thailand, as chair of the Association of Southeast Asian Nations, is calling for a ”launch first and shape up later” approach to establishing the region’s first ever human rights body. The idea is shared by many members of civil society.

The Asean Ministerial Meeting in Phuket next week will discuss and endorse the terms of reference (ToR), which have been prepared during the past year by a high-level panel on an Asean human rights body, amid challenges marked by negotiation and compromise.

After the Phuket meeting, each Asean member will select and appoint their respective representative who shall serve for a term of three years. The list of 10 representatives, so-called commissioners (if the proposed name of Commission is adopted next week), will hopefully be ready for the Asean summit in October, when the formal launch of this new mechanism will be held.

The establishment of the regional human rights body may sound like music to many people’s ears, given the less-than-friendly attitude some members have had towards one another for decades, and how the idea has been considered a taboo subject, an influence from the West rather than a home-grown culture, among Southeast Asian governments.

However, the melody has turned sour for many human rights activists as the new body has taken shape. A lack of the much-wanted protection functions in the new body has caused much dismay. These include the authority to carry out country visits, to receive complaints of human rights violations and initiate investigations or to conduct periodic reviews of the human rights situation in Asean member states, like in the case of the Human Rights Council in Geneva.

Param Cumaraswamy, a member of the working group for an Asean human rights mechanism (a mix of NGOs and academics with Asean’s official track), said at the prelude workshop in Bangkok this week that civil society, the working group included, and even some governments would have preferred a much stronger, a more balanced human rights body than what the imminent one will most likely be.

”We would have preferred a ToR document that is more legal than political in nature. However, the working group has decided to adopt a constructive, consultative and step-by-step process involving governments and civil society groups in the longer term,” Dato Param said.

Termsak Chalermpalanupap, the Asean Secretariat’s director of political and security cooperation, gave an honest opinion.

Whether people call the ToR a legal or political document, it was in fact a bureaucratic document _ drafted by civil servants appointed by the Asean governments, he said.

After all, the new body will be an organ inside the organisational structure of Asean.

”It was never intended to be any ‘independent watchdog’, much less to be anything with ’sharp teeth’,” said Mr Termsak.

The new body will operate through consultation and consensus, with respect for sovereign equality of all member states, he noted.

Homayoun Alizadeh, the regional representative of the Office of the High Commissioner on Human Rights, stayed on the positive side, saying the new body would at least mean there would be a sub-regional human rights mechanism in Asia _ the only continent to lack one. He emphasised that the crucial step for the new body rested upon the modality and selection process of the commissioners.

”The national selection process of prospective commissioners must be impartial and credible, with close consultation with the civil societies,” said Mr Alizadeh.

Chulalongkorn University law professor Vitit Muntarbhorn, also alternate member of Thailand to the ToR-drafting high-level panel, cautioned that the proposed name of the new body, the Asean Inter-Governmental Commission on Human Rights” and the whole ToR, had yet to be accepted at the Phuket meeting.

From a human rights perspective, Mr Vitit noted that Asean must realise that it was the ”human rights of the peoples, not the states” that are the focus.

Despite the flak, Mr Vitit said the protection element, which is the main concern for NGOs, was covered in the ToR implicitly rather than explicitly.

”Yes, it will be a consensus-based body, but let’s hope that it will become less bureaucratic. We still need a creative interpretation of the future body, which has to prove itself that it will be active, accessible and responsive to earn some credibility,” Mr Vitit said.

He suggested also that we must not forget that the new body is not the only tool enshrined in the Asean charter adopted in December last year for the promotion and protection of human rights in the region.

”The body can’t have exclusive jurisdiction on human rights. Civil society, the secretary-general, the Councils of the Three Pillars (political, economic, and social ministers) and the summits are also the venues to work out the issues,” he said.

To him, the next strategic move for all concerned would be to prepare the national selection process well, so that the new body could act impartially and credibly with some integrity.

Rafendi Rafendi Djamin, from the Convenor of Solidarity for Asian People’s Advocacy Task Force on Asean and Human Rights, agreed that the independence and professionalism of the Asean representatives in the human rights body were very crucial.

But Charm Tong, a member of the advocacy team of the Shan Women’s Action Network, said she regretted having only a soft mechanism to deal with such a Goliath issue like human right abuses in Burma.

”I thank those who have helped push the region this far with the present ToR but I beg that the scale of brutality and human rights degradation as well as the real impact of the present situation in Burma must be weighed in for the launching of the regional human rights commission. Otherwise, the people and victims of the rights abuses will benefit less from the emerging regional bureaucracy,” said Ms Charm Tong.

Soe Aung, a spokesman of the in-exile National Council of the Union of Burma (NCUB), said the new human rights body would never be effective unless and until it can address the issue of political prisoners in Burma.

”How will you see the situation there, where the Nobel laureate Aung San Suu Kyi is facing the possibility of a five-year prison term? That will be the first litmus test for the new human rights body,” said Mr Soe Aung.

Amnesty International, in the section on Singapore, part of its worldwide review for 2008, highlighted “heavy penalties and restrictive measures imposed on opposition activists, journalists and human rights defenders”. It also noted Singapore’s formal dissociation from the UN General Assembly’s resolution calling for a worldwide moratorium on the use of the death penalty

Tex of report follows: 

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Source.

SINGAPORE
REPUBLIC OF SINGAPORE
Head of state: S. R. Nathan
Head of government: Lee Hsien Loong
Death penalty: retentionist
Population: 4.5 million
Life expectancy: 79.4 years
Under-5 mortality (m/f): 4/4 per 1,000
Adult literacy: 92.5 per cent

An easing of restrictions on freedom of assembly was overshadowed by heavy penalties and restrictive measures imposed on opposition activists, journalists and human rights defenders. Suspected Islamic militants remained detained without charge or trial under the Internal Security Act (ISA), amid concerns that some were at risk of torture and other ill-treatment during questioning. Foreign domestic workers continued to be excluded from legislation protecting the rights of foreign workers. Singapore rejected the UN General Assembly resolution calling for a moratorium on executions. At least five prisoners faced imminent execution, although the number of actual executions was unknown.

Repression of dissent

Defamation suits and restrictive measures continued against opposition activists, human rights defenders, foreign media and conscientious objectors. A climate of fear and self-censorship discouraged Singaporeans from fully participating in public affairs.

• In September, the High Court ruled that the Far Eastern Economic Review magazine had defamed Prime Minister Lee Hsien Loong and Minister Mentor Lee Kuan Yew in an article about opposition leader Chee Soon Juan in 2006. The publisher was ordered to pay damages.
• The Wall Street Journal Asia faced legal action for reporting that the judiciary was not independent.
• In September, blogger Gopalan Nair was sentenced to three months in jail after criticizing a judge’s handling of a case involving opposition leaders.
• In October, Chee Soon Juan, who was already bankrupt, and activist Chee Siok Chin were ordered to pay S$610,000 (US$414,000) in defamation damages to government leaders. They were subsequently sentenced to prison for contempt of court after criticizing the conduct of their trial. As bankrupts they were barred from seeking parliamentary seats or leaving the country without permission.

Freedom of expression and assembly

The government eased restrictions on public assembly (in one designated location), but continued imposing restrictions on media and peaceful demonstrations.

• The film One Nation Under Lee was banned. The film depicted the former Prime Minister subjugating various government institutions.
• Eighteen campaigners faced charges for holding unauthorized protest marches against the rising cost of living.

Migrants’ rights

Singapore failed to provide basic protection for foreign domestic workers, such as a standard number of working hours and rest days, minimum wage and access to employment benefits. The Employment of Foreign Workers Act continued to exclude domestic workers.

Detention without trial

Some 23 suspected Islamist militants remained detained under the ISA. There were continued concerns about the risk of torture and other illtreatment following arrest. Five detainees were released on restriction orders.

Death penalty

At least five people convicted of murder faced imminent execution. The government did not provide comprehensive information about application of the death penalty, such as the number of executions and death sentences imposed and the nationality, age and background of those executed. In February 2008, Singapore initiated and signed a statement of disassociation objecting to a UN General Assembly resolution calling for a worldwide moratorium on the use of the death penalty. In December, Singapore voted against a second UN General Assembly resolution calling for a worldwide moratorium on executions.

Freedom of religion

Twenty-six Jehovah’s Witnesses continued to be imprisoned for refusing compulsory military service. Five additional conscientious objectors were detained during the year.

ASEAN Charter enters into force next month

Jakarta (18 November) — Thailand delivered the tenth and final instrument of ratification of the ASEAN Charter when Ambassador Don Pramudwinai, Permanent Representative of the Kingdom of Thailand to the United Nations, deposited the document with Dr Surin Pitsuwan, Secretary-General of ASEAN, at the Thai Mission here on early Friday, 14 November.

“This is certainly an occasion to celebrate for the 570 million people of ASEAN,” said a beaming Secretary-General, upon receiving the Thai document.

“This means that when the ASEAN Leaders gather at their annual Summit in mid December, the ASEAN Charter will have come into force,” Dr Surin told reporters.

Two days earlier, on 12 November, Philippines deposited its instrument of ratification of the ASEAN Charter and a day later on 13 November, Indonesia deposited its instrument of ratification.

The ASEAN Leaders signed the ASEAN Charter last November at the 13th ASEAN Summit. They urged their member states to fully ratify it by the end of 2008. All member states have now responded to their call.

When they meet again in Chiang Mai, Thailand for their 14th ASEAN Summit on 15-18 December, they will celebrate not only the full ratification of the ASEAN Charter but also the entering into force of the new basic law of ASEAN. It will be a rules-based and people-oriented organisation with its own legal personality.

Source: Philippine Information Agency press release, 18 Nov 2008.

A commentary piece in the Straits Times, calling for more countries to ratify the Convention on the Rights of Persons with Disabilities, which is one of the newest international UN conventions.

For more details on the convention, visit the sites below.
Secretariat for the Convention on the Rights of Persons with Disabilities
Committee on the Rights of Persons with Disabilities

Sep 12, 2008
RIGHTS OF THE HANDICAPPED
Go for gold – ratify UN treaty
By Khalid Malik
EVEN as we celebrate the remarkable athletes who are participating at the Beijing 2008 Paralympic Games, we should reflect on the rights of all people with disabilities. We should hail the 192 United Nations member-states who approved the Convention on the Rights of Persons with Disabilities two years ago, but keep in mind that only 36 of them have ratified the Convention thus far.

People with disabilities are the world’s largest minority. There are more than 650 million of them in the world. China alone, which signed the Convention in June, has 83 million people living with disabilities, of whom 20,000 are newly disabled as a result of the Sichuan earthquake.

If ratified by all nations, the Convention would create a better world for everyone. It aims to ensure that handicapped people enjoy the same rights and basic freedom as all others. If implemented, it could help fulfil the potential of roughly 10 per cent of the world’s population.

Countries that sign it are required to protect the rights of their handicapped in economic, social and cultural fields. It calls for equal access to primary and secondary education, the right to the highest attainable standard of health without discrimination, equal rights to work and equal participation in political and public life.

Unemployment among the disabled is as high as 80 per cent in some countries. Employers often assume that persons with disabilities are unable to work. Up to 90 per cent of children with disabilities in developing countries do not attend school.

The Paralympic Village, transformed from the Olympic Village, offers special facilities to meet the needs of physically challenged athletes. This includes access to apartments, a hospital, a bank, places of worship and shops. If only the world at large so complied with one part of the Convention, which requires countries to identify and eliminate obstacles and barriers, and calls for access to transportation, public facilities and services for people with disabilities.

We have witnessed remarkable achievements during these competitions that were once considered unattainable. These special Games exemplify the best of the human spirit. We have seen many firsts at the Paralympics. Rowing was added to the programme. More than 4,000 athletes from 148 countries joined to break barriers and attain dreams.

The International Labour Organisation is helping China to develop equal opportunity legislation for people with disabilities in the workplace. It has supported training for employment opportunities, including start-up businesses for entrepreneurs who are disabled. The United Nations Development Programme works closely with the China Disabled Persons’ Federation to promote rights protection for persons with disabilities. More than 500 social workers have been trained in promoting rights protection through better understanding of the law and international norms and services for disabled people. Unicef helped revise the Chinese law on the Protection of Persons with Disabilities, which entered into force in July, with a special provision on disabled children.

Everybody counts. And everybody has rights that must be upheld. Like the striving of a Paralympic champion, ratifying the Convention and safeguarding the rights of the handicapped are attainable, but would require hard work and determination.

We urge those countries which have not signed and ratified the Convention to do so. We urge the involvement of disabled persons organisations in incorporating the articles of the Convention into national legislations. We recommend developing national action plans, with concrete activities, projects and established timelines.

Why not go for the gold?

The writer is the United Nations’ resident coordinator in China

The Philippines Department of Foreign Affairs has issued a press release, providing details of an upcoming meeting of the High-Level Panel (HLP) on the Drafting of the Terms of Reference (TOR) of the ASEAN Human Rights Body. The meeting, the third of its kind, will be held on 10 – 12 September 2008 in Manila.

The HLP consists of the following:

BRUNEI DARUSSALAM
H.E. Dato Paduka Haji Shofry Abdul Ghafor
Permanent Secretary Ministry of Foreign Affairs and Trade
Brunei Darussalam

CAMBODIA
H.E. Om Yentieng
Advisor to the Royal Government of Cambodia
President of the Human Rights Committee of Cambodia

INDONESIA
Mrs Wiwiek Setyawati Firman
Director for Human Rights and Humanitarian Affairs
Department of Foreign Affairs

HLP Alternate:
Mr Arief Havas Oegroseno
Director for Political Security and International Treaties
Department of Foreign Affairs

LAOS
H.E. Bounkeut Sangsomsak
Vice Foreign Minister
Ministry of Foreign Affairs

MALAYSIA
H.E. Tan Sri Ahmad Fuzi Abdul Razak
Ambassador with Special Functions
Ministry of Foreign Affairs

MYANMAR
H.E. U Myat Ko
Secretary of Myanmar Human Rights Group
Director-General, General Administration Department
Ministry of Home Affairs

PHILIPPINES
H.E. Amb Rosario G Manalo

SINGAPORE
H.E. Bilahari Kausikan
2nd Permanent Secretary
Ministry of Foreign Affairs
Department of Foreign Affairs

THAILAND
H.E. Sihasak Phuangketkeow
Ambassador and Permanent Representative of Thailand to the UN Office and Other IOs in Geneva

HLP Alternate:
Prof Vitit Muntarbhorn
Faculty of Law, Chulalongkorn University
Thailand

VIETNAM
H.E. Pham Quang Vinh
SOM Leader of ASEAN-Vietnam
Ministry of Foreign Affairs

According to ASEAN, the first draft of the TOR of the ASEAN human rights body will be submitted at the 14th ASEAN Summit in December 2008.

The Associated Press (AP) reveals a worrying signal from Myanmar on the issue of the ASEAN human rights body.

Myanmar opposes investigative powers
By JIM GOMEZ – Jul 22, 2008

SINGAPORE (AP) — Myanmar’s junta has indicated it will oppose any effort to give a Southeast Asian human rights body the power to monitor or investigate rights violations in the region, diplomats said Tuesday.

A high-level panel of the Association of Southeast Asian Nations started work Monday to set up the rights body. The panel will lay down the body’s future makeup, role and powers, which will be presented to a summit of ASEAN leaders in December.

But in a closed-door session with the panel Monday, Myanmar Foreign Minister Nyan Win said the human rights body should uphold ASEAN’s bedrock policy of noninterference in each other’s affairs, a diplomat present at the meeting told The Associated Press.

The diplomat spoke on condition of anonymity because she was not authorized to speak to the media.

Another diplomat who attended a separate meeting between all 10 ASEAN ministers and the panel also said Nyan Win made clear his opposition to the rights body having any monitoring authority.

Myanmar’s military government, which has been strongly criticized by Western governments and even fellow ASEAN members for its dismal human rights record, has used the bloc’s policy to parry any attempt by outsiders to intervene on behalf of human rights victims in the military-ruled nation.

It has already been decided that the rights body will not have the power to impose sanctions or seek prosecution of violators. But Myanmar’s objections, if honored, will make the body even less effective.

A majority of other ASEAN foreign ministers, led by Indonesia, the Philippines and Thailand, separately told the panel that the human rights body should at least be empowered to monitor violations and offer advice to prevent such problems, said the first diplomat.

Myanmar officials were not immediately available for comment but in the past they have said the human rights body should only serve as a “consultative mechanism” and that it should not “shame and blame” any ASEAN nation.

The rights body is being set up as part of ASEAN’s proposed new charter, which seeks to make the organization rule-based.

ASEAN Secretary-General Surin Pitsuwan said the charter will serve as a guide to the panel drafting the terms of reference for the rights body.

“They’re going to follow the charter very, very closely — its principle of promoting, upholding and protecting human rights,” Surin said.

The international community has condemned Myanmar’s junta for its refusal to restore democracy and release pro-democracy leader and Nobel laureate Aung San Suu Kyi and other political detainees. ASEAN has also been criticized for not doing enough to pressure Myanmar’s military leaders.

ASEAN foreign ministers, disappointed with the Myanmar junta’s foot-dragging on democracy, expressed “deep disappointment” in a statement Sunday at the junta’s May decision to extend Suu Kyi’s detention.

ASEAN’s members are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

Reuters reports on the different views expressed by the 10 member countries of ASEAN, with regards to the proposed human rights body under the ASEAN Charter.

21st July 2008
SE Asia begins negotiations to set up rights body
By Manny Mogato

SINGAPORE (Reuters) – The Association of South East Asian Nations (ASEAN) has begun negotiations for the creation of a human rights body, a senior Philippine official said on Monday, with hopes of concluding talks in Bangkok next July.

Rosario Manalo, Manila’s representative on a high-level panel drafting the framework, said they expected to show ASEAN foreign ministers a draft of the terms of reference of the rights body by December 2008.

“I am very positive we can finish our job by the time ASEAN foreign ministers meet next July in Bangkok,” Manalo told reporters, adding that more member states had recently expressed willingness to set up an independent body with broader powers.

Last year, Southeast Asian leaders agreed in Singapore to set up a rules-based organization. Among key institutions they agreed to establish was a human rights body.

In a communique, ASEAN foreign ministers meeting in Singapore on Monday “reaffirmed the commitment by all member countries to ratify the ASEAN Charter by the 14th ASEAN summit in Bangkok” in December.

Only Indonesia, the Philippines and Thailand have yet to approve the charter after Myanmar formally informed the bloc of its ratification this week.

Manalo said some member states which had been initially reluctant to form even a local human rights body had become supportive after the 10-member task force met the ASEAN foreign ministers on Monday.

“The minister of Laos was supportive of the human rights body and was doing more positive things,” said Manalo, a former diplomat.

“The minister of Vietnam was very conciliatory and very positive. He said we can find common grounds to agree and only one or two states were holding on to their positions to keep the status quo.”

DIVIDED BLOC

The Philippines has urged the bloc to work on the universal standard of human rights as adopted by the United Nations because all 10 members were signatories to the Universal Declaration of Human Rights.

Indonesia, Malaysia, the Philippines and Thailand wanted a strong, independent body that would not only protect and promote human rights, but also compel members to make periodic reports on progress, an official said.

Cambodia, Laos, Myanmar and Vietnam wanted only an advisory or consultative body, while Singapore and Brunei preferred to define human rights in the context of ASEAN.

“In short, these countries wanted a watered-down human rights body, where state interests prevail over the rights of individuals,” the official said.

The task force was beginning its work on Monday and hoped to conclude negotiations by the next ASEAN ministerial meeting in Bangkok in a year’s time, he said.

Manalo said some initially reluctant states had become more positive, believing that ASEAN must create a rights body that was “more realistic and credible — not just to the people of the region, but for the rest of the world”.

Last month, Singapore’s Tommy Koh, head of the task force drafting an ASEAN charter calling for protection of human rights, said there was no consensus on the body having the power to monitor or investigate rights situation in the 10 member states.

“We do not want the ASEAN human rights body to be accusatory, a finger-pointing body,” said Koh.

ASEAN, a bloc encompassing half a billion people, groups Brunei, Indonesia, Cambodia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

(Reporting by Manny Mogato; Editing by Roger Crabb)

Agence France-Presse (AFP) has a news report, providing details of the proposed ASEAN human rights body

22nd July 2008
ASEAN human rights body to rely on ‘peer pressure’
A South-East Asian human rights body expected to come into force next year will have no power to impose sanctions and will rely on ‘peer pressure’ to bring members into line, officials said on Monday.

A panel drafting the terms of reference for the Association of South-east Asian Nations (ASEAN) human rights body is to submit its first report to foreign ministers at the bloc’s 2008 summit in Bangkok, a statement said.

A final draft could be in place in 2009, paving the way for the human rights organisation to begin its work.

‘We aim to achieve a result that is realistic, balanced and credible, and which would be in the best collective interest of ASEAN,’ the panel’s chairman, Bilahari Kausikan, said after it met foreign ministers on Monday.

Mr Kausikan said the panel would convene monthly before meeting ASEAN ministers again in December. An interim report is to be completed in September.

One South-east Asian official privy to the negotiations said however that the body would likely end up powerless to punish rights violators, including Myanmar which has ignored international calls to institute democratic reforms.

‘The body will not be empowered to have sanctions,’ the official said. ‘It will work on peer pressure, will measure progress and will seek periodic explanations for non-progress.’ A database on human rights violations will also be created, the official said.

The Philippines, Malaysia, Indonesia and Thailand want the rights body to have a monitoring and enforcement capacity modelled on the United Nations, the official said.

Singapore, Myanmar, Cambodia, Laos and Vietnam are pressing to water down the terms of reference to ensure the human rights body is largely an advisory panel. Brunei has not stated its position, the official said.

ASEAN leaders, during a summit in Singapore last year, signed a charter which committed member states to notions of democracy and human rights and for the first time set out principles and rules for the group.

Under the charter, a human rights body would be established in a region that includes countries with poor human rights records, such as military-run Myanmar, which is subject to international sanctions.

Activists fear that ASEAN, which cherishes a policy of non-interference in members’ internal affairs, will establish a rights mechanism that is toothless and ineffective.