Garry Rodan has written an essay on human rights in Singapore, see below for an excerpt. The full article can viewed at the link here.

Human Rights, Singaporean Style
by Garry Rodan

Posted December 4, 2009

While there has been a lull in the debate over “Asian values” since the 1997-98 Asian financial crisis, the concept never disappeared. The development of a regional human-rights commission constitutes a fresh battleground where competing views are playing out. As in the past, the main interlocutors on the side of cultural relativism are Singaporean leaders and officials, but this time, opposing voices within Southeast Asia have grown louder and more self-confident.

Forming the Asian Inter-Governmental Commission on Human Rights (AICHR) has taken more than a decade of wrangling. Launched by the Association of Southeast Asian Nations in October, the commission is the result of a protracted and contentious process of compromise. Now the fledgling organization faces an uphill struggle to show it can make political and bureaucratic elites accountable on human rights.

A Regional Meeting was held in Jakarta on 16-17 October 2009 with the aims of raising awareness about certain interpretations of Sharia laws and the impact of these on Muslim women in ASEAN as part of the ASEAN community.

This Meeting was also conducted to raise awareness about processes related to the ASEAN Intergovernmental Commission on Human Rights (AICHR).

Thirty Muslim participants, female and male, from five ASEAN countries with significant Muslim populations attended the Meeting and participated fully. These participants are from civil society organisations, religious institutions and academic institutions. There were four observers from development agencies and international NGOs.

Please click on the link below to view the recommendations in full.
Recommendations

http://www.bangkokpost.com/opinion/opinion/28299/despite-its-imperfections-aichr-can-still-be-force-for-human-rights

29th Nov 2009
Thongbai Thongpao

Human rights activists gathered early last week in Bangkok to celebrate the nomination of Sriprapa Phetmeesri, director of Mahidol University’s Office of Human Rights Studies and Social Development, as chair and representative of Thailand in the newly established Asean Intergovernmental Commission on Human Rights (AICHR).

On the same occasion, a seminar was held on the topic ”AICHR and public expectations”.

Also attending the meeting were representatives of minority groups along the Thai-Burmese border who have been suppressed by the Burmese junta. Potential victims of the proposed dam construction on the Salween River, which forms a part of the border between Thailand and Burma, also submitted a complaint to the Thai representative.

The participants agreed that overall the roster of AICHR commissioners was a disappointment. What the public had been looking forward to was for Asean to fully endorse and promote human rights in the same way that other regional bodies, such as the European Union, the Organisation of American States (OAS) and the Organisation of African Unity, have done.

They expect the 10-nation bloc to have a convention on human rights, of a similar format to the United Nations’ Universal Declaration of Human Rights and what has been successfully outlined in the OAS Charter, the European Convention on Human Rights and the African Charter on Human and Peoples’ Rights, all of which have already been ratified.

As well, people in Asean countries had hoped an Asean human rights court, similar to what the Europeans have, would be formed.

But the things Asean peoples expected are nowhere to be seen, much less touched. Observers of the progress of human rights at the latest Asean Summit were left disappointed. The outcome in this area so far has been the establishment of a strangely named body, which cannot even accurately be called a human rights commission. To avoid disappointing human rights advocates, the words ”on human rights” were simply added to the name of the organisation.

No wonder people are disgruntled. Many of the participants in the meeting last week expressed their disappointment, with some stopping just short of saying outright that Asean was deceiving the world. Others expressed gloomy views on the success of the bloc in dealing with human rights issues, as human rights is a term almost unheard of in several of the 10 member-nations, where even freedom of the press is sadly limited.

It is noteworthy that almost all of the AICHR commissioners were appointed by their respective governments. In other words, they represent the governments, not the people. If a government doesn’t mention human rights, why should its commissioners? Thailand and Indonesia are among the nations whose appointees are not government representatives.

Apart from the controversial composition of the AICHR, its scope of duties and responsibilities was not clearly spelled out. There is also no stipulation that they have the mandate to ”protect” human rights, only to ”promote” them. More importantly, the commission is not to intervene in the internal affairs of member states. These restrictions in acting on even the most blatant of human rights violations present tremendous obstacles to the AICHR.

In any case, I express my confidence in Dr Sriprapa and hope that her experience, knowledge and determination will enable her to perform this crucial task even with all the obstacles.

At the meeting I related that I have experienced more than my fair share of disappointment when it comes to the protection of human rights in the region. More than 30 years ago, I joined hands with my counterparts in the Philippines, Indonesia, Malaysia and Singapore in urging Asean to set up a human rights protection body and a human rights court, only to be met with a cool response time and time again.

Many of those who stood with me on this issue have now passed away. Disappointing as it may be in many respects, the establishment of the AICHR has given those of us who remain a glimmer of hope, no matter how vague.

I also share the view of some experts who think that we can still promote and protect fundamental human rights even in the absence of a convention. This can be done through education, as people in many Asean member countries do not understand the importance of human rights.

In my view, to promote is to protect and to progress. If we propagate this knowledge among our fellow citizens, they will realise what they have lost when someone violates them. They will demand their rights because they will know that they exist. To spread this message therefore is to protect, and the commission is better than nothing.

When the villagers who would be affected by the proposed Salween dam presented their complaints to Dr Sriprapa, she said that since there were no regulations stopping the AICHR from accepting such complaints, she took it to mean that the commission could look into them.

This is exactly the path the commission is supposed to take. I wish her success in leading Thailand’s contingent in the AICHR, and she has all my support.

The Terms of Reference (TOR) of the ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC) have been released.

The TOR can be downloaded at the link below.
http://www.aseansec.org/documents/TOR-ACWC.pdf

Dear all,

The International Day of Persons with Disabilities is observed on 3 December 2009. We at MARUAH (Singapore Working Group for ASEAN Human Rights Mechanism) are keen to build on the efforts by many actors who have been advocating on behalf of children with disabilities. In that context we would like to to invite you to attend a Focus Group discussion on Compulsory Education for Children with Disabilities in Singapore.

Day/ Date: Sat 28 Nov Time: 1.30 – 3.30pm
Venue: Singapore Council of Women’s Organisations (SCWO),
96 Waterloo Street, Singapore 187967 (near Singapore Art Museum)
[This happens right before MARUAH's Open House]

Under Singapore’s current Compulsory Education Act (2003), ‘any  child who is unable to attend any national primary school due to any physical or intellectual disability’ is excluded from education act…

At this stage, we hope to garner support for children with physical disabilities to be included in Singapore’s Compulsory Education Act. This is also in line with the Convention on the Rights of Children, which Singapore is a signatory party. We also hope to gather comments and feedback on special education in Singapore.

If you are in one of the above categories and are able to make it for this Focus Group discussion, please send an email to Lisa Li (lisalee80@gmail.com ) with your Name, Handphone number, and which category you are in (please provide details).

Your feedback and discussion would be really helpful to further our understanding of this issue, so that we can best represent your views.

Looking forward to a fruitful and meaningful discussion on 28 November

Thanks!

Regards,
The MARUAH team

MARUAH (Singapore Working Group for an ASEAN Human Rights Mechanism) invites you to join its Open House on 28th Nov 2009. In this brief but important session, you can find out more about the local human rights group MARUAH, the work it has done, the work it intends to do, as well as talk about the work that you wish to see MARUAH do.

Date: 28th Nov 09, Saturday
Time: 4-6pm
Venue: Training Room 2, SCWO Building (Singapore Council of Women’s Organisations)
96 Waterloo Street
Click here for map (gothere.sg)

Please RSVP to maruahsg@gmail.com. Thanks and we hope to see you there.

As MARUAH looks to the year ahead, there is much work to be done. Human rights violations continue to occur unchecked locally and in our region. As a group we appeal for more hands and hearts on this. There are many issues of paramount urgency and this is where we want to engage everyone to see what other issues that could be explored.

This session is open to everyone – whether you’re a curious onlooker or you want to help out more in MARUAH’s activities. There is no obligation to continue on. More importantly, this session is for you to assess the opportunities for synergies between yourself and MARUAH.

http://www.bernama.com/bernama/v5/newsindex.php?id=448966
Five Countries Reject Civil Society Reps At Asean Summit

By D Arul Rajoo

HUA HIN, Oct 23 (Bernama) — The governments of Cambodia, Laos, Myanmar, the Philippines and Singapore have rejected members of civil groups from their respective countries at the 15th Asean Summit here.

Debby Stothard, of the Alternative Asean Network, said they were informed by the Thai Foreign Ministry at 11pm yesterday that the leaders would not meet the five people nominated by the civil groups.

“Some governments like Singapore have even replaced the nominees with their own representatives,” she said as the summit kicked off at the Dusit Thani Hotel in the seaside resort here Friday.

She said the remaining five representatives from Brunei, Malaysia, Indonesia, Thailand and Vietnam were told to come to the meeting at 7am Friday, five hours before the scheduled Informal Meeting between the Leaders and the civil society groups.

Stothard said the civil groups were disappointed that the representatives were not allowed to speak at the 30-minute meeting, and instead only an academician from the Chulalongkorn University would be allowed to talk.

“We are still trying to get more people to talk at the meeting,” she said.

The rejected civil society representatives are Khin Ohmar (Myanmar), Sister Crescencia L. Lucero (Philippines), Sinapan Samydorai (Singapore), Manichanh Philaphanh (Laos) and Nay Vanda (Cambodia).

Malaysia is represented by Moon Hui Tah, campaign coordinator of Suaran, a Malaysian human rights organisation.

The dialogue between the 10 Asean Leaders and civil society groups was introduced during the 14th Asean Summit held here last February.

The first meeting itself was embroiled in controversy after leaders of Myanmar and Cambodia refused to meet the representatives from their respective countries.

Among the highlights of the 15th Summit is the launch of the Asean Intergovernmental Commission on Human Rights (Aichr).

Human Rights Commission of Malaysia (Suhakam) commissioner, Datuk Muhammad Shafee Abdullah has been appointed Malaysia’s representative to the body.

The Straits Times interviewed Ms Braema Mathi regarding the new ASEAN Inter-governmental Commission on Human Rights (AICHR), see below for the article.

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23 October 2009
The Straits Times
‘Bite the bullet and learn from mistakes’

LIKE most civil society activists, Ms Braema Mathi takes issue with several aspects of the new human rights commission – particularly its adherence to Asean’s policy of non-interference.

But she points out one saving grace: The terms of reference (TOR) for the Asean Inter-governmental Commission on Human Rights (AICHR) will be reviewed in five years.

This will give activists and civil society organisations in the region room to define new areas of improvement.

Ms Mathi, 51, says: ‘As the mantra goes, what is not prohibited in the TOR is not forbidden. This means testing boundaries all the time, which can be tiring.

‘But these areas can be identified for review only in five years, if the limitations are shown up when we test the system.’

As the chairman of local rights advocacy group Maruah, Ms Mathi – a former Nominated Member of Parliament (NMP) – has been at the forefront of efforts to promote awareness of human rights issues.

Maruah, or dignity in Malay, was appointed in 2007 as the focal point for the Regional Working Group for an Asean Human Rights Mechanism, which was set up in 1995.

This was two years after Asean foreign ministers had agreed that the regional group should consider the establishment of an appropriate regional mechanism on human rights, in support of the Vienna Declaration and Programme of Action.

Asean has since been pushing for the setting up of a regional rights body, through meetings with government officials and holding conferences and workshops on the issues.

Many advocates felt that the AICHR should have been launched earlier, but Ms Mathi would rather look on the positive side. ‘It is an achievement for Asean to have come this far as our expectations of the grouping have been very low all this time. So while 16 years seems a long time by Asean standards, perhaps it is not so bad.’

After all, she points out, Asean has had to counter many challenges in setting up the commission.

One challenge is dealing with a consensus-seeking approach which is time-consuming.

The other challenge is Asean’s lacklustre rate in the implementation of its commitments and agreements.

Only 30 per cent of Asean agreements and commitments had been implemented, according to three former Asean secretaries-general in previous media reports.

Says Ms Mathi: ‘There were detailed workplans, but at the end of the day the member countries themselves must take their agreements seriously.’

But she feels that change is in the air, now that Asean has a Charter to follow and implement.

The Charter, which was signed in 2007, also heralds a restructuring of the Asean organisation and sees the setting up of new bodies like the AICHR.

There is also the Committee of Permanent Representatives, which consists of ambassadors appointed by each member state, at the Asean Secretariat in Jakarta.

‘They all point to a consolidation which I hope will pave the way for greater regionalism beyond economic integration,’ says Ms Mathi.

Listing some areas that she thinks the AICHR should focus on, she says that in the short run, it should get people acquainted with the commission while it expands on the technical details of the TOR.

In the long run, the TOR should be improved in every review to include a stronger protection mandate.

She believes that the success of the AICHR will hinge largely on the first slate of representatives that Asean governments have appointed to the commission.

Singapore has picked former senior district judge Richard Magnus as its first representative to the AICHR.

Says Ms Mathi: ‘This first slate of representatives will be the ones who will pave the way for the AICHR to become stronger in the long run.

‘If they fail in that role – paving the way, that is – then in five years’ time, the review will be much in the same mould as the current TOR, which will exasperate many actors in Asean.’

She predicts ‘a lot of unsettling moments’ in implementing the AICHR’s aims, and that the representatives will often find themselves in the hot seat as Asean enters a new chapter.

‘There is no other way than to bite the bullet and learn along the way from the mistakes.’

She hopes that the advent of a new regional rights commission will help Maruah’s work here.

The group holds public consultation workshops and conferences to raise awareness among Singaporeans about human rights issues here and in the region.

Maruah’s members include former NMP Siew Kum Hong, lawyer Peter Low, academic Cherian George, Dr Stuart Koe – founder of media company Fridae, and Mr Leong Sze Hian – president of the Society of Financial Service Professionals.

As Ms Mathi explains: ‘We enjoy a higher state of well-being. We are tuned to look at development from a welfare-oriented perspective as opposed to a rights-based perspective which some Asean citizens are very aware of.

‘For Singaporeans to be thus engaged will mean some discomfort. But it can also mean a fresher way to stay engaged by seeking the betterment of our fellow human beings.’

MEDIA STATEMENT
22 October 2009

We congratulate the appointment of Mr Richard R Magnus as Singapore’s first representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR).

MARUAH has engaged in informal discussions with him and are very pleased to note that he is open to discussions with civil society organisations in Singapore.

With his experience as the Senior District Judge prior to his retirement from the Legal Service, we look forward to his contributions to AICHR towards promoting and protecting the rights of people in ASEAN in accordance with international legal norms.

MARUAH calls on the Singapore Government to engage and consult civil society further and to include our voices in the future for such appointments.

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The Ministry of Foreign Affairs press release can be found here.

The Singapore Working Group for an ASEAN Human Rights Mechanism (MARUAH) would like to invite all youths to participate in a Youth Human Rights Workshop: “whose Right is it anyway?”. Co-organised with UNYAS, this is a full-day workshop for anyone keen on learning more about human rights.  Read more in our e-flyer here.

Details below
Saturday, 31 October 2009
9.00 am to 5.30 pm
Singapore Management University
More information at our website: http://www.whoseright.wordpress.com

Sign up online here, as soon as possible.