Mar 4, 2024 | DFF, Reports
Report, March 2024
Between November 13-16, 2023, APHR and PEF organized a fact-finding mission with a delegation led by Members of Parliament to the border towns of Northern Thailand – Mae Hong Son and Mae Sariang – to assess how the current human rights situation is impacting ethnic communities from the Karen and Karenni States. The mission sought to engage with internally displaced people and refugees about their challenges and hear their calls for policy and protection reforms.
During the four-day fact-finding mission, parliamentarians from Indonesia, Malaysia, and Thailand spoke with local organizations, displaced communities and first responders to hear about their situation and challenges as well as to consult with community-based organizations to listen to what solutions must be immediately advocated for.
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Mar 4, 2023 | DFF, Reports
JAKARTA — Parliamentarians in Southeast Asia continue to face risk of reprisal simply for exercising their mandate or expressing their political opinions, according to the latest annual Parliamentarians At Risk report from ASEAN Parliamentarians for Human Rights (APHR), launched today in Jakarta.
“The increasing risks, both physical and otherwise, faced by parliamentarians in the region are totally unacceptable and a matter of the utmost concern. Parliamentarians are the representatives of the people and their safety and freedom reflect the health of the democracies in which they work. We call on ASEAN, as well as ASEAN member states, to implement sufficient protections for them and put pressure on those governments that are arbitrarily and unjustly persecuting their lawmakers,” said Mercy Barends,member of the Indonesian House of Representatives and APHR Chair.
The year 2022 saw a worsening trend for parliamentarians at risk in the region, particularly in Myanmar, where MPs face increasing dangers in the aftermath of the 1 February 2021 coup d’état. One lawmaker, Kyaw Myo Min, was tortured to death in detention and a former lawmaker, Phyo Zeya Thaw, was executed together with three political prisoners in Myanmar. The number of parliamentarians detained across Southeast Asia remains high at 85, with 84 in Myanmar and former senator Leila de Lima in the Philippines.
“Even Myanmar MPs who have managed to take refuge in neighboring countries such as Thailand remain in a very precarious situation. Dozens of them are living in towns along the Thai-Myanmar border and find themselves constantly harassed by the police as undocumented migrants, in constant fear of being detained or, even worse, be repatriated to their country, where they would face arrest, likely torture or even worse, at the hands of the junta,” said Charles Santiago, former member of the Malaysian Parliament, and APHR Co-Chair.
Outside of Myanmar, particularly in Cambodia, Malaysia, the Philippines and Thailand, cases of physical attacks remain rare, but governments often resort to politically motivated charges against opposition parliamentarians. Reprisals and threats are not only of a judicial nature. Parliamentarians also face online harassment, and being the victims of both disinformation campaigns as well as hate speech.
In Cambodia, the government of Prime Minister Hun Sen has conducted a series of mass trials and convicted more than 100 members and supporters of the Cambodia National Rescue Party (CNRP), including a number of former lawmakers in absentia. Political persecution and intimidation by the government against members and supporters of the opposition parties, human rights defenders, land rights and environment protection activists, and journalists are expected to continue escalating in the lead up to the next general election, expected to be held in July 2023.
“Hun Sen and his party have been slowly building a one-party dictatorship over the years. The process has been so slow that few have noticed, but the signs are unmistakably clear and have resulted in an almost totalitarian state. The international community must hold Hun Sen’s government to account for its widespread human rights violations and ensure the opposition parties and their candidates are able to contest in the 2023 general election in a free and fair environment with a level playing field before it is too late,” said Kasit Piromya, former Thai Foreign Minister and APHR Board Member.
Meanwhile, in Malaysia and the Philippines, online disinformation and hate speech against MPs continue to be widespread. Opposition parliamentarians in both the Philippines and Thailand also often face judicial harassment through the use of overly broad legislation, while the continued existence of draconian laws such as the Sedition Act and the Communication and Multimedia Act in Malaysia remain a threat that hangs over the heads of potential government critics.
“The use of laws as weapons against politicians is nothing but a perversion of the rule of law, one of the cornerstones of a democracy. In several countries across Southeast Asia, laws and courts are used as instruments of those in power, rather than what they should be: instruments to prevent or stop abuses. It is necessary to hold those governments that abuse their power to account and make them understand that they are not above the law,” said Mu Sochua, former member of parliament from Cambodia and APHR Board Member.
Click here to read the full Parliamentarians At Risk report.
Click here to read this statement in Burmese.
Click here to read this statement in Indonesian.
Click here to read this statement in Malay.
Click here to read this statement in Khmer.
Click here to read this statement in Thai.
Nov 17, 2022 | FoRB, Reports
JAKARTA – Southeast Asian countries must do more to truly guarantee freedom of religion, protect minorities, and stop using “public order” and “harmony” as justifications for imposing unwarranted restrictions on this fundamental right, a new report from ASEAN Parliamentarians for Human Rights (APHR) found.
“This report shows that many laws that inhibit, restrict, and repress religious freedoms remain on the books and are implemented throughout Southeast Asia. This report is a reminder that, despite all achievements to maintain coexistence in a plural Southeast Asia, there are still many problems that remain to be solved and situations that should be improved,” said APHR member and Indonesian MP Taufik Basari.
The report, titled “Restricting Diversity: Mapping Legislation on Freedom of Religion or Belief in Southeast Asia,” was launched on 7 November 2022 and provides an overview of the laws and regulations regarding the right to freedom of religion or belief in the region. One of the key findings in the report is that, while many of the constitutions of Southeast Asian countries formally guarantee the right to freedom of religion, in practice the laws related to religion contain ambiguities and restrictions that do not conform with international standards.
National security and public order, for instance, have often been used to justify restricting the freedom of religious minorities, including Ahmadiyah, Shia, Jehovah’s Witnesses and others. Meanwhile, blasphemy laws are often used to criminalize certain religious groups that are critical to the state, government or the religious establishment of the majority, in flagrant violation of international human rights standards.
“I hope we can have more dialogues in the future and more innovative methods to promote and protect FoRB in the Southeast Asian countries. The law must serve as a tool in creating peace and balance for the community, so it should be formulated properly in order to bring justice in society.”” said APHR member and Timor-Leste MP Isabel Ximenes.
Parliamentarians can play a crucial role in working towards fully guaranteeing freedom of religion or belief in Southeast Asia by repealing and amending laws that violate such freedom, and pass new laws where necessary.
“I think that, at the end of the day, we must have a firm commitment from parliamentarians or both sides, whether in government or in parliament, to have the same understanding about human rights. If you do not speak the language of human rights, then you are the problem,” said Dr. Ahmad Farouk Musa, Founder and Director of Islamic Renaissance Front (IRF), Malaysia, and surgery professor at Monash University.
Click here to read the report.
Nov 2, 2022 | DFF, Reports, Statements
International actors should help Myanmar to put an end to the violence and human rights violations perpetrated by the military junta since the coup in February 2021, put the country’s military under civilian control, and establish a federal democratic system, argued the International Parliamentary Inquiry into the global response response to the crisis in Myanmar (IPI) in its final report, published today.
The report, titled “Time is not on our side”: The Failed International Response to the Myanmar Coup, contains an analysis of the situation in Myanmar since the military takeover, as well as the reaction of international actors. Finding that the global response to the crisis has fallen woefully short of international obligations and standards, the IPI offers a set of recommendations to move forward and help the Myanmar people in their struggle against military dictatorship.
“It is imperative that the international community changes course on Myanmar as soon as possible, and those countries claiming to support democracy and human rights in the country live up to their stated commitments. They should begin with recognizing the National Unity Government of Myanmar (NUG) as what it is: the legitimate authority in the country; impose effective and coordinated sanctions on the junta, and address the terrible humanitarian crisis afflicting Myanmar,” said Heidi Hautala, Vice President of the European Parliament and IPI Chair.
The IPI is an initiative launched by ASEAN Parliamentarians for Human Rights (APHR) in June 2022. Its Committee is formed by eight parliamentarians from seven different countries in Africa, the Americas, Asia, and Europe who are appalled by the situation in Myanmar since the military takeover.
Since the coup, the Myanmar military has committed acts which the UN High Commissioner for Human Rights has said may amount to “crimes against humanity and war crimes” in order to consolidate its power against widespread popular resistance to its rule, throwing the country into chaos, and leading it to the brink of becoming a failed state.
The IPI Committee has held a total of six public oral hearings online, as well as several private hearings, with dozens of stakeholders and experts, and has received dozens of written submissions. Two of its members conducted a fact-finding mission to the Thai-Myanmar border in August 2022.
The Inquiry has analyzed the response to the crisis in Myanmar of a wide variety of international actors, but has paid particular attention to the role of the Association of Southeast Asian Nations (ASEAN), in which Myanmar is a member. In April 2021, ASEAN member states and the Myanmar junta, led by Senior General Min Aung Hlaing, signed the Five-Point Consensus to put an end to the violence, seek a negotiated solution to the conflict and address the humanitarian crisis. Since then, many countries have expressed their support for the agreement and largely deferred to ASEAN to solve the crisis.
“It has become abundantly clear that the Five Point Consensus has been an utter failure. General Min Aung Hlaing has shown an absolute contempt for the agreement he signed and for ASEAN’s member states, and the regional group has been unable to adopt a stance to put pressure on the Junta. Meanwhile, most of the international community has hidden behind ASEAN in order to avoid doing anything meaningful. It is past time that ASEAN ditches the Five Point Consensus and urgently rethinks its approach to the crisis in Myanmar,” said Charles Santiago, former Member of Parliament (MP) in Malaysia, APHR Chairperson and IPI Committee Member.
In the latest meeting of ASEAN foreign ministers on Myanmar, held on 27 October, the regional group agreed to “reaffirmed the importance and relevance of the Five-Point Consensus” while underscoring “the need to further strengthen its implementation through concrete, practical and time-bound actions.”
“ASEAN is not acting with the urgency that the situation in Myanmar demands. The group should have started to put real pressure on the junta and engage the NUG long ago. It is unacceptable that ASEAN continue to shirk their responsibilities to the people of Myanmar, and continue adopting half-hearted measures that only serve to embolden Min Aung Hlaing and his junta,” added Santiago.
International passivity has encouraged a sense of impunity within the Myanmar military, which most recently launched an airstrike on a multitude attending a music festival in Kachin state, killing at least 60 civilians. By the most conservative estimates, the junta has killed at least 2,404 Myanmar citizens, and arrested over 16,000 people.
The violence has also displaced hundreds of thousands from their homes, and the number of internally displaced people in the country now has reached 1.3 million, a terrible record in Myanmar’s history. Many interviewees during the IPI oral hearings described in vivid detail the humanitarian catastrophe afflicting the Myanmar people, as well as how the military junta is hijacking and weaponizing the delivery of humanitarian assistance.
“Myanmar is suffering a tragedy words cannot describe. The global community should urgently step up the delivery of humanitarian assistance, and it should work with local civil society organizations that know the terrain well, have ample experience and are trusted by the population. Millions of Myanmar citizens suffering the most grievous hardships cannot wait for long. International actors should leave politics aside and help the Myanmar people immediately,” said Mercy Barends, APHR Board Member and IPI Committee Member.
Click here to read the IPI report, “Time is not on our side”: The Failed International Response to the Myanmar Coup.
Click here to read the report’s Executive Summary and Recommendations in Burmese.
Click here to read the report’s Executive Summary and Recommendations in Indonesian.
Click here to read the report’s Executive Summary and Recommendations in Malay.
Click here to read the report’s Executive Summary and Recommendations in Thai.
Jun 9, 2022 | CCHR, DFF, Internet Freedoms, Reports
JAKARTA – Anggota parlemen dari Asia Tenggara telah meminta Indonesia, satu-satunya anggota G20 di Asia Tenggara untuk menggunakan Presidensinya di G20 untuk “menyuarakan aspirasi Global Selatan” dan mengangkat isu-isu yang secara khusus mempengaruhi kawasan.
Dalam sebuah kertas posisi yang diterbitkan hari ini, Anggota Parlemen ASEAN untuk Hak Asasi Manusia (ASEAN Parliamentarians for Human Rights, APHR) telah mendesak Indonesia untuk mengadvokasi dalam Pertemuan Puncak tanggapan global yang lebih kuat dan lebih kreatif terhadap kehancuran ekonomi yang disebabkan oleh konflik seperti yang terjadi di Myanmar, peningkatan substansial dalam dukungan keuangan global untuk transisi energi yang berkelanjutan, dan untuk menemukan cara mengurangi dampak transformasi digital dunia terhadap hak asasi manusia dan demokrasi.
“Indonesia ada dalam posisi di mana, berbeda dari yang lain, sebagai satu-satunya anggota G20 di Asia Tenggara dan negara demokrasi terbesar ketiga di dunia, dapat mewakili kepentingan dan aspirasi Global Selatan. Negara ini telah menunjukkan kepemimpinannya di ASEAN dan sekarang memiliki kesempatan untuk melakukannya di tingkat global, di mana ia dapat secara kreatif mencari solusi untuk tantangan yang, dengan gaungnya yang khas di kawasan kita, mempengaruhi umat manusia secara keseluruhan, ”kata Charles Santiago, Ketua APHR dan Anggota Parlemen di Malaysia.
APHR berpendapat bahwa cara-cara kreatif baru diperlukan untuk menanggapi biaya manusia dan ekonomi dari krisis seperti yang menghancurkan Myanmar, Ukraina, Yaman atau Suriah, mulai dari kenaikan harga komoditas, kekurangan pasokan pangan dan energi, hingga meningkatnya perdagangan manusia dan produksi serta perdagangan obat-obatan terlarang dan senjata. Karena organisasi internasional seperti PBB, atau kelompok-kelompok regional seperti ASEAN, seringkali gagal memitigasi dan menanggapi dampak ekonomi dari krisis semacam itu, Indonesia harus mengusulkan sebuah Kelompok Kerja baru di G20 guna membahas respon dari perekonomian terbesar di dunia ini.
Berhadapan dengan perubahan iklim, telah terbukti bahwa janji saat ini dari negara-negara untuk mengurangi emisi karbon tidak akan cukup melambatkan perubahan iklim, dan kebutuhan untuk beralih ke sumber energi terbarukan menjadi lebih mendesak dari sebelumnya. APHR mendesak Indonesia untuk memimpin G20 menyetujui percepatan penghentian penggunaan batu bara dan bahan bakar fosil, tetapi juga harus secara substansial meningkatkan dukungan keuangan global untuk transisi tersebut.
Terakhir, berhadapan dengan tantangan akibat kampanye disinformasi, perpecahan dan ujaran kebencian yang tesebar secara daring, APHR mendesak G20 untuk membahas dan mengidentifikasi langkah-langkah yang dapat diadopsi untuk mengatur pasar digital agar sejalan dengan demokrasi, mengakhiri penggunaan data pribadi orang yang invasif, dan meminta pertanggungjawaban platform daring atas model bisnis mereka yang berbahaya.
Klik di sini untuk membaca kertas posisi.
Jun 9, 2022 | CCHR, DFF, Internet Freedoms, Reports
JAKARTA – Parliamentarians from Southeast Asia have called Indonesia, the only G20 member in Southeast Asia and its President this year, to “give voice to the aspirations of the Global South” and bring to the table issues that particularly affect the region, but also the world in general, at the group’s Summit which will be held in November this year in Jakarta.
In a position paper published today, ASEAN Parliamentarians for Human Rights (APHR) has urged Indonesia to advocate at the Summit for stronger and more creative global responses to the devastation caused by conflicts like that of Myanmar, a substantial increase in global financial support for a sustainable energy transition, and to find ways to reduce the impact of the world’s digital transformation on human rights and democracy.
“We, Parliamentarians from Southeast Asia, are urging the Indonesian Government to use its preeminent position to promote at the G20 a form of collective and inclusive collaboration among nations to address challenges that, having a specific resonance to our region, affect humanity as a whole,” said APHR in the Position Paper.
APHR suggests that new creative ways are necessary to prevent the human and economic costs of crises such as those devastating Myanmar, Ukraine, Yemen or Syria. As international organizations like the UN, or regional groups like ASEAN, have often failed to prevent atrocities, Indonesia should propose a new Working Group at the G20 to discuss responses from the largest economies in the world to those crises.
On the climate change front, it has become evident that current pledges from states to reduce carbon emissions will not be sufficient to slow climate change, and the necessity to transition to renewable sources of energy is more urgent than ever. APHR urges Indonesia to lead the G20 to agree to accelerate the phasing out from coal and fossil fuels, but it must also substantially increase global financial support for such a transition.
Lastly, and in face of the challenges posed by the spread online of disinformation campaigns, divisiveness and hate-speech, APHR urges the G20 to discuss and identify measures that can be adopted to regulate the digital marketplace along democratic lines, put an end to invasive use of people’s personal data, and hold online platforms accountable for their harmful business models.
Click here to read the position paper.
