Solving ASEAN human rights issues<\/p>\n
By Dino Patti Djalal<\/p>\n
This is the second of two articles adapted from a paper
\npresented on Intra-ASEAN Human Rights Policies and Mechanisms at
\nthe sixth ASEAN-ISIS (Association of Southeast Asian Nations-
\nInstitute of Strategic and International Studies) Colloquium on
\nHuman Rights in Manila on Feb. 14, 1999.<\/p>\n
JAKARTA (JP): The Association of Southeast Asian Nations
\n(ASEAN) now consists of nine members, and will soon be 10. When
\nthe ASEAN 10 is completed, there will be a need, in the short
\nrun, to formulate a common platform which either reaffirms or
\nexpands the human rights stand of the AMM 1993.<\/p>\n
By that time, perhaps it would be prudent to have it engraved
\nin a separate ASEAN document (rather than having it inserted in
\nthe joint communique); one could call it a declaration, charter,
\nconvention, common position, joint statement or something else.<\/p>\n
Whatever one calls it, the ability of all ASEAN members, which
\nrepresent different political systems and historical background,
\nto produce a common platform would make it easier for the
\nassociation to move forward on a "regional mechanism on human
\nrights".<\/p>\n
This, of course, does not mean ASEAN is reinterpreting or
\ncompeting with the Universal Declaration on Human Rights. In
\nother parts of the world, various regional human rights
\ninstruments have been promulgated: i.e. the American Declaration
\non the Rights and Duties of Man (adopted by Organization of
\nAmerican States (OAS) in 1948), the American Convention on Human
\nRights (entered into force in 1978 for OAS members), the European
\nConvention on Human Rights and Fundamental Freedoms (entered into
\nforce in 1953), the European Social Charter (entered into force
\nin 1965) and the African Charter on Human and People's Rights
\n(adopted by OAU in 1981 but not yet entered into force). Given
\nthese precedents, there is no reason why ASEAN should not have an
\nASEAN declaration on human rights.<\/p>\n
Intra-ASEAN human rights policy and mechanism must be pursued
\nwithin the context of the principle of noninterference, which is
\nenshrined in the Bangkok Declaration of 1967, the Declaration on
\nthe Zone of Peace, Freedom and Neutrality (ZOPFAN) concept, the
\nTreaty of Amity and Cooperation to which all ASEAN members are
\nbound and reaffirmed in virtually all ASEAN major documents.<\/p>\n
There are those who would label this a conservative approach,
\npointing out that the universality of human rights transcends
\nnational boundaries and thus requires "intrusive" enforcement
\nmeasures across borders. Still, noninterference remains a
\ncardinal principle for ASEAN regionalism, one which, according to
\nASEAN Vision 2020, constitutes "a binding code of conduct for our
\ngovernments and peoples, to which other states with interest in
\nthe region adhere".<\/p>\n
The upshot is that the ASEAN "regional mechanism on human
\nrights" should not be used to corner, isolate, pressure or
\nintrude into the affairs of an ASEAN member state. Once this
\nfault line is crossed, we will see the unraveling of a regional
\norder in ways which radically differ from what ASEAN has known in
\nthe last three decades.<\/p>\n
Ultimately, reality dictates that ASEAN governments are not
\nlikely to accept scenarios which would allow the "regional
\ncommission" to get involved in domestic disputes between an ASEAN
\ngovernment and its citizens or sociopolitical groups. Some ASEAN
\ngovernments would also argue their systems are properly equipped
\nwith independent and competent judiciaries and there is no reason
\nwhy human rights cases should not be settled within the domains
\nof their respective national laws.<\/p>\n
Moreover, many of the human rights cases in the ASEAN region
\nare related to or symptomatic of domestic power politics, and the
\nASEAN regional mechanism must be vigilant to avoid the appearance
\nof taking sides, of being a party in the internal politics or of
\nintruding or interfering. Once that happens, the Pandora's box
\nis wide open.<\/p>\n
Henceforth, an intra-ASEAN human rights mechanism should
\nproceed at a pace comfortable to all, meaning it must be pursued
\non a step-by-step basis.<\/p>\n
We are still a long way from the establishment of an ASEAN
\nHuman Rights Court in the fashion of, for example, the Inter-
\nAmerican Court on Human Rights or the European Court of Human
\nRights.<\/p>\n
Unlike the task of economic cooperation, ASEAN human rights
\npolicies should not proceed in two-speed or multispeed tracks,
\nbut at a pace which all ASEAN members can be reasonably
\ncomfortable with. Unless there is a common political will among
\nall ASEAN members to move forward together on a common platform
\non human rights, intra-ASEAN human rights mechanism would not go
\nvery far.<\/p>\n
The informal Working Group on ASEAN Mechanism for Human Rights
\nhas raised the possibility of establishing a "regional commission
\non human rights" and has communicated the idea to senior ASEAN
\nofficials on the margins of AMM 1998.<\/p>\n
Prospects for this "regional commission" (rather than a
\nregional court) are good, but for the benefit of the ASEAN
\ngovernments who will decide upon it, the mandate, objectives and
\nprogram of such a commission must be made clear.<\/p>\n
It is unlikely that ASEAN governments will accept arrangements
\nsimilar to, say, the Inter-American Commission on Human Rights,
\nwhich places emphasis on civil-political rights, which allows for
\nindividuals in state countries to submit petitions to the
\nRegional Commission, permits investigation into human rights
\nviolations in its member-states, and allows majority voting in
\nits decision-making.<\/p>\n
The predominant instinct of ASEAN governments is that they
\nwould rather do away with schemes which would pit one ASEAN
\nstates against another, schemes which open the possibility of
\nintruding into the domestic affairs of a member state and venture
\ninto politically sensitive areas, and schemes which run into
\ncollision course with the Treaty of Amity and Cooperation and
\nwhich could damage the "ASEAN spirit".<\/p>\n
There are ways for ASEAN to pursue human rights cooperation
\nwithout creating tension with the principle of noninterference.
\nThe greatest prospect for intra-ASEAN human rights mechanism lies
\nin the field of promotional activities.<\/p>\n
These may entail joint efforts to raise region-wide awareness
\nand understanding on human rights, the pooling of resources to do
\nso, joint training of law-enforcement officials, regional
\nseminars to disseminate international human rights instruments
\nand conventions, experience-sharing among national commissions on
\nhuman rights and exchange of information on national human rights
\nprograms. And the list goes on.<\/p>\n
Promotional activities inevitably lead to cooperation rather
\nthan confrontation. The essence of these promotional activities
\nis neither to pontificate nor to exchange accusations, but to
\nincrease awareness, appreciation and capacity of all ASEAN
\ngovernments and peoples to respect human rights in their
\nrespective national life.<\/p>\n
The emphasis on promotion is well reflected in the recommended
\nmechanisms and actions contained in the Synopsis of a Policy
\nInitiative for the Establishment of an ASEAN Human Rights
\nMechanism, which was produced by the informal Working Group for
\nan ASEAN Human Rights Mechanism and submitted for discussion with
\nsenior ASEAN officials.<\/p>\n
In the end, what is important is to pursue human rights
\ncooperation which is practicable, acceptable, realistic and
\nresults-oriented. After all, in the ASEAN scheme of things, it is
\nthe undramatic methods which often lead to dramatic impacts.<\/p>\n
The writer works at the Ministry of Foreign Affairs and is a
\nmember of the Executive Board of the Indonesian Council on World
\nAffairs (ICWA). The views expressed in this article are strictly
\npersonal.<\/p>",
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