Nov 9, 2020 | BHR, DFF, FoRB, RM, Statements
MANILA — Heads of state and government attending the 30th ASEAN Summit in Manila this week should tackle critical regional challenges head-on and not shy away from difficult questions, including those related to the state of human rights and democracy, ASEAN Parliamentarians for Human Rights (APHR) said today.
The collective of regional lawmakers called on ASEAN leaders to face up to the growing human rights crisis in Southeast Asia and take steps to strengthen regional mechanisms to address it. APHR warned that a failure to do so could threaten the sustainability and long-term success of the regional organization, which celebrates its 50th anniversary this year.
“The accelerating erosion of democracy and human rights protections threatens to undermine the progress of ASEAN integration and yield a weaker regional bloc that fails to live up to its people-centered claim,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“We’re seeing several troubling trends region-wide: civil society and opposition voices, including parliamentarians, are being harassed and imprisoned; marginalized communities are under attack from security forces; and religious extremism is increasingly being used for nefarious political aims. The ASEAN Summit is a place where these issues can and should be discussed, debated, and ultimately responded to at the regional level.”
The 30th ASEAN Summit, which begins today and continues through Saturday, is the first of two annual meetings of ASEAN leaders in 2017. Philippine President Rodrigo Duterte is hosting the meeting in his capacity as ASEAN Chair. One of the six priorities identified for ASEAN in 2017 under the year’s theme of “Partnering for Change, Engaging the World” focuses on a “people-oriented and people-centered” ASEAN.
Parliamentarians urged ASEAN leaders to heed the voices and concerns of civil society groups, including through the creation of enabling environments for civil society and by ensuring meaningful consultation with NGOs and grassroots people’s organizations in the context of regional and national policymaking.
“As elected representatives of the people, we urge heads of government – on behalf of our constituents – to incorporate stronger consultative mechanisms at the regional level that engage all voices, including women and youth, and allow space for civil society to operate in all ASEAN countries without government interference,” said APHR Vice-Chair Mu Sochua, a member of the Cambodian National Assembly.
Lawmakers expressed concerns about a number of regional developments, including increasing government restrictions on freedom of expression, association, and assembly; threats to civil society; and rampant extra-judicial killings, most prominently in the context of the brutal drug war being waged in the Philippines. They also raised alarm over possible atrocity crimes in the region, particularly in Myanmar, where the United Nations recently warned that crimes against humanity and ethnic cleansing may have occurred.
“Governments have a responsibility to protect all ASEAN people, particularly the most vulnerable. To do so, they should ensure that national and regional mechanisms responsible for the protection of human rights are free from government interference and have the mandate to investigate human rights violations independently. The judiciary should also be independent and have the trust of the people,” Mu Sochua said.
APHR called for the regional grouping to strengthen the mandate of the ASEAN Intergovernmental Commission on Human Rights (AICHR) to be able to respond effectively to human rights violations. They also urged leaders to take a closer look at the bloc’s “non-interference” principle, which they argued constitutes a barrier to human rights protections recognized under international law.
“The idea of ‘non-interference’ serves as convenient cover for some governments when it comes to issues they don’t want to address. The fact is, however, that interference does take place in the economic realm without objection, so leaders must acknowledge the need to discuss whether the policy is really fit to take the grouping forward. It should be tabled for discussion at least,” Charles Santiago said.
“The goal of addressing the non-interference policy would not be to undermine national sovereignty, but to ensure that basic standards exist for member states and to strengthen existing systems for the economic and social benefit of all,” he added.
APHR called on regional leaders to take steps toward the promotion and protection of economic, social, and cultural rights, particularly within the framework of the ASEAN Economic Community (AEC), which constitutes the main driver of ASEAN’s ongoing regional integration effort. These rights are critical to achieving successful, broad-based development, parliamentarians argued.
“ASEAN leaders have an opportunity to make significant progress toward positive development outcomes. But to do so, leaders must address growing political and economic inequality, including gender disparities, in order to ensure that ASEAN really works for all the region’s people,” said APHR Vice-Chair Eva Sundari, a member of the Indonesian House of Representatives.
MPs noted concerns about the human rights implications of proposed trade deals, such as the Regional Comprehensive Economic Partnership (RCEP) and various bilateral free trade agreements, as well as the social, environmental, and human rights impacts of large-scale development projects, which often have disproportionate impacts on women and marginalized communities. They also raised concerns about the rights and safety of migrant workers, particularly as the intra-regional movement of people and goods expands under the AEC.
“ASEAN needs to be a regional community that stands on the side of the people, not one that only sticks up for big business and the well-connected. The 30th ASEAN Summit provides a chance for ASEAN leaders to make clear where they stand,” Sundari added.
Nov 9, 2020 | BHR, DFF, Statements
ASEAN Meeting Should Highlight Disappeared Leader Sombath Somphone, Denial of Liberties
BANGKOK, 31 August 2016 — On the eve of the annual ASEAN leaders summit in Vientiane, human rights and advocacy groups called upon the Lao PDR Government to commit to address its widespread violations of human rights, including instances of enforced disappearances and arbitrary detention. Visiting world leaders have a unique opportunity to publicly raise human rights concerns during the ASEAN summit in Vientiane from September 6-8. They should press the Lao government to cease the abuses that have consistently placed Laos at the bottom of rights and development indexes measuring rights, press freedom, democracy, religious freedom, and economic transparency.
At the press conference organized today by The Sombath Initiative at the Foreign Correspondents Club of Thailand in Bangkok, the groups released a set of briefing papers on forcibly disappeared civil society leader Sombath Somphone, Laos’ restrictions on democracy and human rights, lack of freedom of expression, failure to meet human rights obligations, and impacts of foreign aid and investment.
“More than three and half years after he disappeared, the Lao government still has provided no clear answers to what happened to my husband, Sombath Somphone, who was taken away in truck at a police checkpoint in Vientiane,” said Shui Meng Ng, wife of Sombath and board member of The Sombath Initiative. “President Obama, the United Nations, and ASEAN and its dialogue partners should urge the Lao Government to urgently resolve the case of Sombath’s enforced disappearance and return him safely to me and my family. They should also demand the Lao Government end enforced disappearances, so that the ordinary people of the country can respect their government rather than fear it.”
Sombath Somphone, a national and regional leader in rural development, was forcibly disappeared on December 15, 2012, and since then, the Lao government has neither conducted a comprehensive nor effective investigation into his abduction. Laos has also failed to provide information as to his whereabouts or fate in violation of its international human rights obligations under the treaties to which it is a State Party, including the International Covenant on Civil and Political Rights and the Convention Against Torture. Sombath was forcibly disappeared not long after he served as co-chair of the Lao National Organizing Committee, helping the Lao PDR government and civil society groups in organizing the Asia-Europe People’s Forum in Vientiane in October 2012. Sensitive issues related to land, and human rights violations, were raised in the Forum, which are believed to have prompted dissatisfaction within parts of the government.
“The fact that the Lao PDR government’s last detailed report on the progress of the investigation was released over three years ago suggests the Lao authorities are not carrying out an effective investigation into this case as they are required to do under international law,” said Kingsley Abbott, a Senior International Legal Adviser with the International Commission of Jurists (ICJ). “It is not enough for the Lao government to simply keep asserting on the international stage that it is investigating this case. International law obliges Lao PDR authorities to conduct an investigation that is credible and effective, and provide regular updates on its progress including to Sombath’s wife, Shui Meng.”
Basic civil and political rights are systematically denied in Laos, and government authorities move quickly to arbitrarily arrest those expressing critical views of the government, either in day to day life or more recently online. In March 2016, police arrested three Lao migrant workers who had posted critical comments about the Lao government while they were working in Thailand, and continues to detain them arbitrarily. A Lao court also sentenced activist Bounthanh Khammavong in September 2015 to 4 years and 9 months in prison for posting critical comments on Facebook.
Laos also imposes onerous restrictions on the right to freedom of association that are incompatible with its human rights obligations. The government strictly controls the registrations of organizations such as non-profit associations (NPAs), and closely monitors the work plans and budgets of NPAs that it does approve to operate. Any person who dares to organize and operate an unsanctioned organization faces arrest and prosecution. Workers are compelled to belong to the Lao Federation of Trade Unions and organizing unions outside that framework is illegal. At the village level, mass organizations controlled by the ruling Lao People’s Revolutionary Party are often the only organizations operating. Public protests or assemblies are strictly forbidden without government permission, and any efforts organize such events face immediate suppression by the police and security forces.
“Civil society in Laos remains under a hostile spotlight from the government, and UN rights officials have noted that there are few places in the world where they have encountered greater fear and intimidation among community organizations and NGOs,” said Walden Bello, former member of the Philippines Congress and Vice Chair of ASEAN Parliamentarians for Human Rights (APHR). “Laos has now become one of the most rights repressing countries in ASEAN: leaders in the region and from around the world must stop looking the other way, and demand Vientiane end its asphyxiation of independent civil society.”
Laos is attempting to gain eligibility to graduate from Least Development Country (LDC) status by 2020, and has thrown open its doors to foreign investors to achieve rapid economic growth. However, the government’s aggressive foreign investment strategy portends huge and grave social, environmental, and economic costs to the country, and especially to those displaced by economic land concessions, dams, and other mega-projects. The strategy risks adverse human rights consequences, including to economic, social and cultural rights.
“Despite the huge amounts of foreign aid and investment capital that have poured into Laos over the past two decades, the country has little to show in the way of public services, especially education, health, water, sanitation and an effective justice system,” said Shalmali Guttal, Executive Director at Focus on the Global South. “Investment projects in Laos are destroying the environment, which is the basis of rural peoples’ livelihoods and their primary source of food. Food insecurity, corruption, inequality and distress migration are increasing, and life is becoming very hard for ordinary people.”
“Major donors such as Japan, the Asian Development Bank, and World Bank continue to provide a large number of loans and grants to Laos, apparently without due regard to their effectiveness or the negative environmental, social, and human rights impacts these projects have on ordinary Lao people,” said Toshi Doi, Senior Advisor at Mekong Watch.
For the first time since it was first organized in 2005, the ASEAN Peoples’ Forum/ASEAN Civil Society Conference (APF/ACSC) was forced to abandon efforts to hold a parallel meeting in the ASEAN meeting host country. The APF/ACSC is not being held in Vientiane because the Lao government failed to provide guarantees that Lao civil society participants would not face retaliation. The APF/ACSC organizers also refused the Lao government’s prohibitions on issues to be discussed at the APF/ACSC, including topics such as enforced disappearances, indigenous people’s rights, the rights of LGBTI persons, mega-projects like hydropower projects on the Mekong River and other rivers, and other potentially sensitive issues.
“If Laos’ authoritarian leaders have their way, the voices of civil society and concern for human rights won’t be heard at this ASEAN meeting — so it really falls to world leaders like President Obama to take up the slack by raising rights issues both privately and publicly in Laos,” said Phil Robertson, Deputy Asia Director of Human Rights Watch. “They should state very clearly that their future partnerships with Laos depend on serious rights improvements, starting with solving the enforced disappearance of Sombath Somphone. The government should also ensure that all foreign investment is carried out in accordance with the government’s obligations under international human rights law.”
Click here to download briefing papers about various human rights issues in Laos from The Sombath Initiative and affiliated organizations.
Click here to read this statement in Bahasa Indonesia.
Click here to read this statement in Burmese.
Click here to read this statement in Khmer.
Nov 9, 2020 | BHR, Opinion Articles, RM
By Charles Santiago
APHR Chairperson
Malaysian Member of Parliament
It’s the 27th time that ASEAN heads of state and world leaders have met to discuss the initiative for ASEAN integration, which deals with gaps in economic development in the region.
The formation of the ASEAN Economic Community (AEC) in the next six weeks, similar in concept to the European Union, which is characterized by a single market and the free flow of goods, services, and investment, has been a main focus of the meetings and has captured the imagination of regional and global economic observers.
ASEAN has consistently claimed that it works in the interest of the people. But economic integration, despite being fashioned to look as if it prioritizes the broader social welfare, in reality focuses only on Business ASEAN, and not Social ASEAN.
Business ASEAN, which includes trade deals such as the Regional Comprehensive Economic Partnership (RCEP), the ASEAN-EU Free Trade Agreement, and the recently concluded Trans-Pacific Partnership Agreement (TPPA), promote multinationals, big businesses, and lobbyists.
Meanwhile, the social dimension of integration efforts by the 10 member countries has been sorely missing.
While the ASEAN Economic Community is said to be modeled on the European Union, it does not include bodies similar to the European Parliament or the European Works Council to allow workers, farmers, lower-income individuals, and indigenous peoples, to have a say in ASEAN affairs.
In fact, most of the meetings, negotiations, and discussions about the formation of the AEC were done without consulting civil society, trade unions, or human rights organizations.
As such, the aspirations of the people of ASEAN are missing entirely from the integration exercise.
The people of ASEAN are grappling with day-to-day economic issues affecting livelihoods, such as outsourcing, inequality within and between countries, migrant labor, and informal work.
It is important to note that declarations by the 10-member grouping, such as the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers and the ASEAN Human Rights Declaration, have not been effective due to their non-binding nature.
ASEAN leaders gloat that the region represents over 500 million people and a gross domestic product (GDP) of over 1 trillion US dollars.
But economic integration in the region thus far has been nothing but a race to the bottom, with domestic and global capital seeking to exploit cheap labor and secure profitable investments at the expense of the workers and people of ASEAN.
For example, the withdrawal of speculative capital from Southeast Asia led to the Asian financial crisis, during which thousands lost their jobs and saw their savings vanish.
Fast-forward to today and nothing has changed except for cheap rhetoric by ASEAN governments about promoting a sharing and caring ASEAN, closing the development gap, and reducing poverty and inequality.
As such it is imperative that ASEAN leaders agree to a binding ASEAN Social Charter to be implemented as a core component of economic integration. This Social Charter would secure commitments from all ASEAN member states to address the economic race to the bottom, ensure fair and equitable distribution of wealth, respect basic labor rights, and strengthen social protections for the disadvantaged.
In short, Social ASEAN will ensure that economic integration focuses on people over profits.
Dismissing the social component of the ASEAN Economic Community would mean the bloc and its member state governments are only interested in raking in the money at the expense of their own people.
Nov 9, 2020 | BHR, DFF, FoRB, Opinion Articles, RM
By Charles Santiago
APHR Chairperson
MP, Malaysia
In a conversation last year with author Marilynn Robinson, US President Barack Obama said he learns all things important from books.
In an article published in the November 19 issue of the New York Review of Books, he said, “it has to do with being comfortable with the notion that the world is complicated and full of greys, but there’s still truth there to be found, and that you have to strive for that and work for that. And the notion that it’s possible to connect with some[one] else even though they’re very different from you.”
Things should therefore be way easier for Obama as he would be meeting like-minded leaders from ASEAN (Association of Southeast Asian Nations) at the Sunnylands summit, who just like him, are facing backlash at home.
So let’s just hope that Obama can lobby for grains of truth with Malaysian Prime Minister Najib Razak who is still struggling to convince the people that the millions of dollars in his personal bank account are donations from the Saudi royal family.
Or with other dictators, such as the Brunei Sultan, who blatantly disregarded the freedom of religion by banning Christmas celebrations last year. And leaders who have no regard whatsoever for democracy, like Thailand’s supremo, who is yet to announce an election date for his country.
Vietnam, Laos and Cambodia are no better. We could try and heave a sigh of relief because Burma’s Thein Sein has declined the invitation. His government’s efforts to resettle Muslim minorities, who cannot meet stringent standards for naturalized citizenship, have spurred another exodus of the Rohingya. The political mood in Burma has also soured as transition talks hit a snag.
Interestingly, all these heads of states will smile, pose for photographs and indulge in backslapping, while silently fuming over the unresolved territorial disputes with China.
And Obama will attend the meetings with his own agenda of pushing for the Trans-Pacific Partnership Agreement (TPPA) that is seeing increasing opposition at Congress and globally, and keeping China’s influence in the region at bay after failure to forge warmer ties with Beijing at the same summit, back in 2013.
I do not expect Obama to reverse his position on the TPPA as the deal represents a major foreign policy initiative for his administration, which sees its success as pivotal to ensuring that America “writes the rules” for the future of global trade.
The sad thing here is that Obama could actually try to set the tone for the two-day summit, by lobbying ASEAN leaders to be committed to human rights and democratic principles as part of trade rules that are written.
Obama could also reprimand Najib the second time around for the massive scandal involving huge amounts of taxpayer’s money and the repressive laws he has been using to silence his critics and legitimate dissent.
But none of this will happen because Obama’s main aim is to push through the TPPA and keep a watchful eye on China.
The Malaysian government has pursued the agreement with vigor, signing on the dotted line without understanding the deal’s full implications.
The TPPA would have serious negative implications for Malaysians. They would see the cost of life-saving medicines skyrocket as a result of patent protections that safeguard the interests of large pharmaceutical companies at the expense of average Malaysian citizens. The deal would also undermine Malaysian democracy—already under threat—by allowing foreign companies to sue the government in closed court if a domestic law or policy impacts their profit margins.
These are not only concerns for Malaysia, but for all lower and middle-income countries included in the trade deal. And yet, other Southeast Asian nations, including the Philippines and Thailand, are already clamoring to get in on the action.
The rush to sign the TPPA is a symptom of a larger problem throughout Southeast Asia, where in efforts to promote trade, investment, and GDP growth, ASEAN governments have continued to allow human rights and the dignity of all citizens to take a backseat.
Najib recently said the Malays should be grateful, as his government has managed to negotiate on Bumiputera provisions. It’s clearly his way of scoring brownie points with Malaysians who are livid with the financial mishandling of the country’s sovereign fund – 1Malaysia Development Berhad, increasing costs of living, weakening ringgit and loss of investor confidence in the country, sending Malaysia on a slippery slope to doom.
The negotiation skills of Malaysian representatives played no role here as the US was desperate to secure a position in Southeast Asia to monitor China.
As the TPPA negotiations were underway, ASEAN member states were setting the stage for an ambitious regional integration effort: the ASEAN Community. Officially launched on January 1 this year, the ASEAN Community marks an effort to fuse the region into a common economic market, lowering tariffs and allowing for the free flow of goods and services between countries.
Unfortunately, it appears that ASEAN governments have no plans to pair this economic integration effort with a commitment to shared values, including human rights and the rule of law. This is misguided and ultimately dangerous for the region and its partners, including the United States.
We live in one of the fastest growing regions in the world. But just like in America, inequality is rising even more rapidly, and average citizens are getting left behind. Safeguards to prevent abuse by governments and corporations are falling away, leaving the people of ASEAN more vulnerable.
It is a pivotal moment for the future of Southeast Asia. We must decide what kind of regional community we want to be — one that stands for the interests of the privileged few or one that fights for the rights and dignity of all citizens.
But at Sunnylands, Obama and his counterparts would have a different agenda: one that’s self-serving and keeps them in power.
This article originally appeared in Free Malaysia Today.
Nov 9, 2020 | DFF, Opinion Articles
By Mu Sochua
MP, Cambodia
Today, US President Barack Obama will host the leaders of the ten countries that make up the Association of Southeast Asian Nations (ASEAN) for a summit in Sunnylands, California – the first meeting of its kind on US soil.
The timing of this meeting is highly strategic. Mr Obama hopes to bolster the future of the controversial Trans-Pacific Partnership (TPP) trade agreement, as well as secure a bulwark against Beijing’s advances in disputed territory in the South China Sea.
As part of his administration’s larger “pivot to Asia”, Mr Obama hopes to re-emphasize relations with a key emerging region – one which has remained open to the world and has seen substantial economic gains over the past decade.
Yet despite these promising developments, there is serious trouble on the horizon. The past two years have witnessed a disturbing deterioration of democracy and human rights protections throughout Southeast Asia.
From Thailand to Malaysia to Laos, political leaders have pushed back against the democratic aspirations of their people through military takeovers, political intimidation, show trials or a one-party state.
In my own country, Cambodia, democracy and human rights are seriously threatened with the further deterioration of rule of law. Physical attacks and the use of the courts are tactics to silent government critics.
These tactics include cases against the minority leader, Sam Rainsy, and opposition lawmakers on trumped-up charges. Of more serious concern is the use of armed forces and hired security guards to crackdown on peaceful public protests.
With the world becoming more dangerous and unpredictable, President Obama might be tempted to de-emphasize the significance of these developments at the upcoming summit, focusing instead on strengthening bilateral economic and security ties.
But for the summit in Sunnylands to have any lasting impact, the regional erosion of democracy cannot take a backseat.
Instead, the meeting should be seized as an opportunity for President Obama to send a clear message to Southeast Asian leaders that respect for human rights, free elections and basic human dignity are in the interest of their governments, as well as the long-term stability of the region. It represents an opportunity for Mr Obama to endorse a more democratic ASEAN by openly discussing these concerns.
Supporting democracy and accountable leadership in South East. Asia is a smart investment for the United States.
Legitimizing a facade of democracy or accepting outright dictatorship will undermine US efforts in Southeast Asia, allowing China to cultivate influence over autocratic leaders who see Beijing as an easy source of strings-free aid.
But by listening to the voices of the people of ASEAN, who seek dignity and accountability from their governments, Washington will be able to deepen its commitment to the region and ensure sustainable partnerships that do not rely on particular political personalities remaining in power.
Cambodia can be a strong US partner with a change of leadership. When he sits down with Prime Minister Hun Sen in Sunnylands, President Obama must be unequivocal that the Cambodian government cannot continue to silence opposing views through arrest warrants and imprisonment.
The next elections must be free and fair. All candidates must have the right to be in the country to campaign and be given a fair chance to be elected.
This is the opportune moment for the United States to use its leverage to send a message that the trans-Pacific relationship is more than just economic. It’s future depends on universal respect for rights and dignity, not merely trade agreements and security cooperation.
Free trade with no rule of law or human rights standards will only benefit the large multinationals at the expense of ordinary citizens on both sides of the Pacific. It threatens to weaken civil society, trade unions and small businesses, the true backbone of economic growth for all.
Efforts must be made to protect labour rights and ensure a living wage for all workers. All stakeholders, including governments, local civil society, labour unions and corporations, should be able to sit at the same table to work towards solutions.
We must also recognize and account for the unique challenges women face in countries like Cambodia, where more than 90 per cent of garment workers are women, primarily from rural areas with little or no education.
Fair trade that affords all ASEAN workers dignity and opportunities should be the goal. To achieve this, the United States needs ASEAN partners that respect human rights, the rule of law and democratic principles.
Standing on the side of democratically elected leaders and popular movements for change would give the US more credibility among Southeast Asian publics and demonstrate that its support for democracy and human rights is more than just empty talk.
This article was originally published in the Phnom Penh Post.
