Rights declaration sub-standard

Of particular concern are the general principles in the declaration. Under draft General Principles 6, 7 and 8, enjoyment of rights would be “balanced with the performance of duties” and subject to “national and regional contexts” and “different cultural, religious and historical backgrounds”. Also, rights could be restricted on a wide array of grounds, including “national security” and “public morality”. 

The idea that rights are to be “balanced” against individual responsibilities contradicts the agreed-upon concept of the 1948 Universal Declaration of Human Rights. All states affirmed this in 1993, including Asean member-states, in the Vienna Declaration and Programme of Action. Balancing rights with responsibilities turns the entire rationale for rights on its head.

Furthermore, international law prohibits governments from derogating from a broad set of rights under any circumstances. Rights can only be subject to specific, narrow and clearly defined restrictions in certain circumstances. Finally, international law imposes on all Asean member-states the duty, regardless of their political, economic and cultural system, to respect and protect rights and fundamental freedoms.

It is clear that, in its current form, the declaration signals a significant and worrying departure from existing international law and standards. Unless significant changes are made, Asean members will soon be giving themselves additional powers to violate rights instead of providing additional safeguards against such violations.

Asean leaders should return the draft text to the Asean Inter-governmental Commission on Human Rights with clear instructions to redraft it in a transparent, deliberate and inclusive process, in full consultation with all stakeholders, so that it does not fall below internationally recognised human and standards.

Emerlynne Gil, 

Legal Adviser, International Commission of Jurists 

Shiwei Ye, 

International Federation for Human Rights 

Phil Robertson, 

Human Rights Watch