AICHR and CSOs must work together

The five-page draft was completed by the Asean Intergovernmental Commission on Human Right (AICHR) last week in Myanmar after long negotiated sessions over controversial phrases and future implications of the region’s first declaration on human rights. At this juncture it is an imperfect document, which will be vetted by the Asean foreign ministers next month. The Asean chair, Cambodia, wants a final draft to be approved at the 21st Asean Summit in November. Time is running out to consider the inputs from the civil society organisations (CSOs).  

The Asean-based CSOs have been hard at work to contribute to the drafting process from the very beginning but their efforts have achieved very little.  

Since 2005, they have gained insights in engaging the Asean way of doing things, or rather drafting documents. They realised that they have to start early, reading every Asean document, understanding its procedure and hidden meanings, increasing consultations at national and regional levels among themselves. Then, they would push forward common positions together at the regional level through their AICHR representatives.

During the Asean Charter drafting back in 2007, the CSOs strongly condemned the process which did not consider their inputs and lack transparency. 

That was understandable as the engagement between the representatives of Asean and civil society groups were still very nascent – there were no common grounds and comfort level. The charter drafters even ignored specific progressive recommendations put forwarded by the Group of Eminent Persons. 

Truth be told, at that time the CSOs were still unorganized, lacked coordination and understanding on best ways to engage Asean officials and used the established rule of procedures. Their mutual suspicion was also very high as if they were out to annihilate each other.

In retrospect, the first interface between the Asean leaders and selective representatives of civil society groups in Kuala Lumpur in 2005 was unprecedented as a small break-in into the tightly knitted top-down Asean process. 

Lest we forget, Asean took over three decades to recognize that the burgeoning CSOs in the region have a role in providing inputs to the decision making and community-building process. Back then it generated lots of excitement and goodwill among the civil and grass root groups that Asean has gradually moved towards the much needed bottom up process. They have worked together most closely and identified common agenda affecting the Asean citizens and their environments. 

However, the current ADHR draft demonstrates the hurdles that Asean and CSOs still have to overcome together.

Since its inception, at the official level, Asean respects consensus and non-interference principles as sacrosanct without any question. Whenever, the member countries confront with this rationale, the next effort automatically is to find a compromise, watering down the original substance and objective. Historically, Asean often makes decision based on the lowest denominators ensuring that all members are part of common decisions and agreements. Interesting, these base lines are not static as they evolve over times.

To be more specific, since 1998 they have moved up a few small notches. The Asean members were more open now than before in tackling sensitive issues i.e. intra-conflict, transnational problems and human rights abuses. Enhanced interaction among the leaders has since than become an Asean norm. With the Asean Charter, the Asean leaders now have the flexibility to make a stand or a decision on certain issues. Indonesia’s democratization has also directly influenced overall body politics in the grouping. Its high regional and international profile helped shepherd Asean to come up with the legal-binding charter and security blueprint, which formed part and parcel of the Asean Community.

In the case of Myanmar, the jury is still out whether the drastic turnaround there after March 2011, intensified greatly after the April by-election, would have a similar impact on Asean as Indonesia’s experience. Early sign has indicated that if the reform process continues with regional and international supports, Myanmar could be another catalyst to push Asean forward to the next level after years of condemnation as an abattoir akin to recalcitrant Indonesia under Suharto. Myanmar today has softened its hard-lined views and approaches to human rights and democracy.

As the latest sixth round of AICHR meeting in Yangon indicated, Myanmar is no longer belonged to the so-called Vietnam-Cambodia-Laos room. During the Asean Charter’s drafting process, Myanmar used to be part of this informal coalition as they often gathered in a room to exchange views when they confronted with delicate issues or before blocking any initiative by more progressive Asean members. 

The conservative charter as well as AICHR limited mandate – focusing on promoting than protecting human rights – was their enduring legacy. However, this is a possibility that could change when Myanmar chairs Asean in 2014 as the AICHR terms or reference is also up for reviews after five years. Indeed Myanmar is tipping the scale between the conservative and progressive members in Asean. Even Vietnam, which has been showing disdains over any human rights activity at home, has applied to become a member of UN Human Rights Council.

Asean was flabbergasted when Myanmar established its national human right commission last November joining Thailand, Malaysia, Philippines and, Indonesia. Albeit the state-run national human right mechanism and has not been recognized by its Asean and international peers, it was nonetheless a welcome move which the other half of Asean has been reluctant to do. 

In the past six months, more than one thousands of human right abuses were filed with the commission in Nayphidaw pressuring the concerned authorities to respond and prove their mettles. To increase professionalism, representatives of national human rights commissions in Asean have exchanged visits and shared experience with the counterparts in Myanmar.    

In case of Myanmar, changes came from the top leaders as the influence of CSOs is still limited or non-existed. The CSOs in Thailand, Indonesia, Philippines and Malaysia are spearing the efforts for a more holistic ADHR draft. 

In Thailand, kudos must go to Dr. Sriphapa Petcharameesri, the AICHR member and her team initiated national consultations earlier on with local Thai civil groups throughout the country. 

Other Asean members including the Philippines and Indonesia have now followed suits with similar arrangements to garner the CSOs contributions. 

The scheduled formal regional consultation between the AICHR members and the CSOs representatives in Kuala Lumpur next week marks a new milestone. Regardless of the outcome, it would serve as a template for future engagements similar to the interface between the Asean leaders and CSOs.

For the remaining time the CSO representatives must convince the AICHR members to include their inputs with sound arguments. 

Certainly, it is too far-fetched to expect the AICHR to change the drafted declaration or incorporate preferred CSO phrases or objectives. Most of the languages used in the draft were taken from human right related documents of UN and international conventions anyway without comprising on their stated standards and norms. New protections on illegal organ trade, right to development and right to peace have been included. Being Asean, all proposed rights protection can only be carried out in consistent with the national and regional particularity in according with national law. This of course can provide rooms for abuses by undemocratic members.

However, the CSO common stands and solidarity are quintessential in sending a strong signal to the AICHR members and their conscience that the outcome declaration is a lively document. It is considered as a testimony of their good or ill-intentions for the future generations in Asean either to be inspired or be condemned.