corinna working towards a people-centered ahrb

8/9/2019 CORINNA Working Towards a People-Centered AHRB

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ASEAN and Non-Interference:

Working Towards

a People-Centered AHRBConsuelo Katrina A. Lopa

SEACA/ South East Asian Committee for Advocacy

SAPA/ Solidarity for Asian Peoples’ Advocacies11-12 May 2009

SEAPA Journalism Fellowship Orientation Seminar,Bangkok, Thailand



Overview of the PresentationWhat is SAPA

SAPA perspectives on the ASEAN,

ASEAN Charter and community

building

SAPA engagement on the AHRB



What is SAPA?An open platform for Asian peoples’

advocacies and collective action

Made up of civil society organizations,

NGOs, people’s movements

Engagement with governmental and

inter-governmental organizations

SAPA WG on ASEAN, TF on AHR



SAPA perspectives

on the ASEANHistorically state centered (lack of people’s access, lack of accountability

The ASEAN way: Decision making byconsensus (ASEAN-x), Non-interference—Unanimity based onthe lcd, sabotaging consensusbuilding, political accomodation

Intention to be ‘people-oriented’



SAPA: on the ASEAN Charter

ProcessStrategic value of engaging the ASEAN onthe ASEAN Charter:

Process and Substance: staking claims,demanding accountability (towards a rules-based organization), pushing for mutualbenefit of ASEAN states and ASEANpeoples and communities

SAPA: Consensus building, constituencybuilding, engagement/advocacy on theCharter



SAPA perspectives on the

ASEAN Charter & HRRecognition of HR, democracy, goodgovernance & rule of law (Art 1)

Recognition of international standards onhuman rights and humanitarian law

Provision for the Establishment of theASEAN HRB (Art 14)

Recognition of right of civil society toparticipate in decision making in ASEAN(Art 1.13)



SAPA perspectives on the

ASEAN Charter & HRHR as limited by Art 1.7 “with due regard to therights and responsiblities of the Member Statesof ASEAN

Does not define how ASEAN States shouldinteract with the people: consultative andadvisory spaces, procedures, disputesettlement, compliance, disciplining,

sanctions; market orientation viz social andeconomic justice, redistribution andeconomic solidarity



SAPA perspectives on ASEAN

Community BuildingASEAN as not only states but

including peoples and communities

Promoting an alternative regionalism:cooperation and solidarity rather than

competition



Working Towards a People-

Oriented HRB SAPA CSO Pocesses on AHRB

SAPA engagement with ASEAN

Substance of the SAPA advocacy on

the AHRB



SAPA CSO Processes on the

ASEAN Human Rights Body Country Processes (May-Dec 2008)

Burm border, Camb, Indo, Lao, Mal, Phi,

Thai, Viet

Thematic Processes

Gender (Aug, Indo; Feb, Th), Disabled

(Feb, V), Ips (Feb, Th), Refugees (Apr),Child Rights (May, Ind)



SAPA CSO Processes on the

ASEAN Human Rights Body Regional Processes

Reg’l Consultation, Women and Children

(Sep)

SAPA TF-AHR, (Feb, Th; Sep, Mnl; Oct,

Ind; Dec, Ind; Mar,KL)

Experts Meeting on Regional HRMechanisms, (Apr, Indo)



SAPA Engagement on the

ASEAN Human Rights Body Targets of Engagement

10 HLP Members of ASEAN tasked with

drafting the TOR of AHRB

4 HLP members: Thai, Indo, Mal, Phils and

2 alternates of Thai, Phil

ASEAN Secretariat



SAPA: On Working Towards a

People-Oriented HRBMandate

AHRB to promote and protect HR, guided byinternational norms

AHRB covers SEA citizens and all peoples in theregion

Organizational

separate tracks for Commission on Women andCommission on Children, and eventuallyintegrated into the AHRB

Evolutionary view: towards an HR court



Working Towards a

People-Oriented HRBThematic Calls

inclusion of Ips, women, children,

refugees and stateless peoples in AHRBmandate; human and humanitarian crisis

in Burma; call on ASEAN members to

ratify and implement IHR and humanitarianlaws



Critique of the TOR of the

AHRBcultural relativism tends to undermine internationalnorms and standards

non-interference in internal affairs of members not inconsonance with HR

specify role of CS and HR violations victims inAHRB

All HR bodies to be integrated in AHRB

NHRIs as supportive of AHRB work

HR protection must include assessment of HR sit,investigative work, complaints mechanisms, progressreports & recommendations, coord mechanisms on

transboundaries



The Way forward for the

AHRB Elements in the Charter

Art 2H: “rule of law, good governance, and the

principles of democracy and constitutionalgovernment”

Elements Absent in the Charter

no explicit reference to migrant workers, who

make up the regional labor flows; likewise,asylum seekers and IDPs

Notion of ‘responsibility to protect’



The Way forward for the

AHRB AHRB

strengthening an AHR Commission: on

site visits and fact finding; consultative andadvisory functions; human rights education

and public awareness

advocacy for an AHR Court: adjudicationon human rights violations with legally

binding decisions on member states



Thank you!

SAPA Working Group on the ASEAN

SEACA, Consuelo Katrina Lopa [email protected] FORUM-ASIA, Yap Swee Seng [email protected]

SAPA TF on ASEAN and Human RightsHRWG, Rafendi Djamin [email protected]

FORUM-ASIA, Yap Swee Seng [email protected]

mailto:[email protected]










corinna working towards a people-centered ahrb

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