Asean can and must do better on citizens' rights

TUESDAY, NOVEMBER 20, 2012
Asean can and must do better on citizens' rights

Successful integration of the regional community cannot happen unless universal rights standards are implemented and rigidly enforced

 

Asean is a strange inter-governmental organisation, as it contains a myriad of political systems and cultures. So, for it to have a common declaration on human rights should be a commendable thing. Asean has been working on the draft of this for the past year, amid criticism from civil society groups. They have rightly pointed out that the Asean Declaration for Human Rights (ADHR) is not up to par when it comes to universal human rights standards. It provides too much room for ambiguity in cases when Asean governments abuse their powers. So, it should be scrapped. But Asean leaders do not think so. They think, despite its defects, that the ADHR is a good start.
Dr Surin Pitsuwan, the Asean secretary-general, was right to point out that there is a provision in the ADHR taken from the preamble of the United Nations Declaration on Human Rights. Therefore, Asean members must be mindful of this whenever there are cases related to human rights.
Asean has come a long way in dealing with rights issues. It took nearly two decades after pledging to establish a human rights body that it actually did so. In 2010, the Asean Inter-governmental Commission for Human Rights (AICHR) was set up. Again, it was criticised for its many shortcomings, with detractors saying that the organisation was a paper tiger without any real power to protect people from rights violations. 
Asean is only interested in promoting human rights because it is expedient and easy to do so. Like it or not, the AICHR has served only as a small window to reflect on the human rights condition in the region. It is hoped that when the leaders of member countries are more confident with their democracy, they will be more willing to expand rights protection.
Indeed, of late there has been increased pressure within Asean against conservative voices. At last week’s Asean meeting, the Philippines was adamant that unless the draft was amended, it would not sign the ADHR. That strong position prompted Indonesia to step in and come up with a compromised draft that brought in the UNDHR. 
With rapid political reform inside Myanmar, support for the rights issue is increasing. Myanmar’s arguments on human rights have shifted, reflecting the reality on the ground.
It will take time for Asean to reach a level of comfort in respecting and protecting the rights of its citizens. As members of the UN Human Rights Council, the Asean members must maintain the highest standards observed at the UN level, and bridge the rights gap that exists among the member countries. 
Half of the Asean members have established national human rights commissions, and this is a good sign that attitudes to rights within Asean are changing. In the future, other member countries will have to follow this lead. If all ten can do so, there is no reason why universal standards of human rights cannot be observed.
Asean citizens must not lower their guard. They have to remind their governments of the duty and responsibility to protect their rights. Otherwise, all the talk will be futile, and the integration of the Asean Community, with its purported focus on people, cannot be a success. Governments are obliged to listen to the demands of their citizens and ensure the provision and protection of human rights.