ASEAN’s continued engagement with Myanmar junta risks legitimizing illegal regime, Southeast Asian MPs say

ASEAN’s continued engagement with Myanmar junta risks legitimizing illegal regime, Southeast Asian MPs say

JAKARTA – ASEAN’s continued and increasing engagement with the Myanmar military junta risks legitimizing the illegal regime and betraying the efforts of pro-democracy forces, ASEAN Parliamentarians for Human Rights (APHR) said today.

Despite the abundant and irrefutable evidence that the junta has perpetrated grave human rights violations against its own citizens, ASEAN continues to collaborate and engage with them,” APHR Co-Chair and former Malaysian member of parliament Charles Santiago said today.  “This is a slap in the face for the Myanmar people and their valiant resistance in the face of the junta’s brutal oppression.”

The ASEAN chairmanship, currently held by Laos, has evidently sought to bring Myanmar back to meetings despite an agreement that barred top-level generals from participating. An official from Myanmar most recently attended the ASEAN Foreign Ministers’ Retreat held in Luang Prabang, Laos, where representatives called for a “Myanmar-owned and led solution.” 

APHR is also concerned by recent remarks from Thai Prime Minister Srettha Thavisin about Thailand’s involvement in the Myanmar crisis. In an interview with Time Magazine, he said that “ASEAN has agreed that Thailand will take the lead” on peace talks with Myanmar. Thailand has a history of trying to bring Myanmar back into the ASEAN fold, despite the junta showing no interest in adhering to the Five Point Consensus or ending its ongoing hostilities against the civilian population.

“There is no clear mandate within ASEAN that makes it acceptable for Thailand to lead on Myanmar, given that it is neither the current Chair nor part of the ASEAN troika. The Thai Prime Minister’s comments undermine the credibility of the bloc and ASEAN centrality,” said Santiago. 

Most recently, a junta-affiliated media outlet has praised ASEAN for “seeing the light”. The Myanmar military junta has led a brutal campaign of violence against civilians with impunity since its attempted coup, with the Armed Conflict Location and Event Data Project (ACLED) estimating that at least 8,000 civilians have been killed since February 2021. According to the local organization Assistance Association for Political Prisoners (AAPP), the junta has also arbitrarily arrested 26,244 people, with 20,112 of them still currently in detention. As such, any praise from the junta should be seen as a dire warning sign that ASEAN is going in the wrong direction.

As countries that claim to uphold democracy and human rights, Indonesia and Malaysia must use their position within the ASEAN troika to end any and all engagement with the junta and take action to hold them accountable for their crimes,” said Santiago. “Anything less will only diminish their credibility and relevance – as well as ASEAN’s – on the global stage.”

Joint Statement with Greenpeace Southeast Asia: Renewed calls for ASEAN to prioritize and protect citizens’ rights to clean air from transboundary haze

Joint Statement with Greenpeace Southeast Asia: Renewed calls for ASEAN to prioritize and protect citizens’ rights to clean air from transboundary haze

KUALA LUMPUR – More cases of dangerous haze pollution have been observed in the last few weeks, particularly in Indonesia, Malaysia, Thailand and Singapore. Today, civil society organizations in the region are calling on member states of the Association of Southeast Asian Nations (ASEAN) to protect and uphold citizens’ rights to clean air from the recurring haze by enacting a Transboundary Haze Pollution Act (THPA) as a concrete first step.

In time for the Asia-Pacific Climate Week (APCW 2023) held from 13-17 November in Johor, Malaysia, Greenpeace Southeast Asia (GPSEA) and ASEAN Parliamentarians for Human Rights (APHR) reminded governments of their commitments to implement the ASEAN Agreement on Transboundary Haze Pollution (AATHP).  Past pronouncements to stop the haze first began with the 2002 ASEAN Agreement on Transboundary Haze Pollution but since then, very little progress has been made. With the combined reality of a positive Indian Ocean Dipole and El Niño, Singapore, Malaysia, Thailand and Indonesia governments have started warning their citizens to prepare for possible transboundary haze. But warnings are not enough, especially with an ongoing climate emergency. Current climate temperatures are increasing the intensity and frequency of forest and land fires resulting in more cases of haze that has disrupted people’s lives, even causing a massive public health crisis in the regions.

Mercy Barends, Chairperson, ASEAN Parliamentarians for Human Rights (APHR) said: 

“The right to clean air is a basic human right that should be protected. The haze that has plagued Sumatra, Kalimantan, Chiang Mai, Kuala Lumpur, and other Southeast Asian areas in the past few months is a clear demonstration of the need for regional cooperation to combat pollution. Parliamentarians across Southeast Asia should advocate for the passing of a domestic Transboundary Haze Act in their respective countries and show their commitment to ensuring that everyone in the region can breathe easily.”

Heng Kiah Chun, Regional Campaign Strategist for Greenpeace Southeast Asia said:

“Southeast Asians have had to deal with toxic haze for decades now due to ASEAN’s lack of political will to stop the haze even in their own backyard. It has impacted entire generations who have been forced to live with seasonal haze, some have suffered from health issues because their basic rights to clean air were not met. ASEAN pronouncements are useless if people continue to suffer and are forced to bear toxic air pollution. It’s time for ASEAN to act, put their citizens’ health and well-being first and put an end to Transboundary Haze.”

Both groups lauded the Establishment Agreement of the ASEAN Coordinating Centre for Transboundary Haze Pollution Control (ACC THPC) and look forward to the full operationalization of the Centre which aims to facilitate faster and effective implementation of all aspects of the AATHP to address transboundary haze pollution in the ASEAN region and to endorse revisions to the Standard Operating Procedures for Monitoring, Evaluation and Joint Emergency Response (SOP MAJER).

They also noted that diplomatic cooperation among ASEAN governments can coexist with action-oriented laws to ensure accountability and strengthen governments’ strategies in dealing with the long-term haze issues. For Malaysia, ASEAN regional diplomatic cooperation should not be an excuse used to delay enforceable laws such as a THPA, which was tabled in Malaysia in 2019 but scrapped in August 2020 despite many Malaysian-owned companies being linked to forest fires in Indonesia.

In particular, Greenpeace Southeast Asia and ASEAN Parliamentarians for Human Rights demand ASEAN states to:

1. Develop a regional legal framework to hold corporate entities accountable for forest fires due to peatland drainage, and commodity-driven deforestation and agricultural residue burning 

2. Mandate all plantation companies with concession areas in flammable landscapes including peatland or forestland  to publicly disclose and publish concession maps to be shared across all ASEAN member states to improve transparency in their supply chains.

3. Regulate traceability requirements at every step of the supply chain of agribusiness and food industry to identify the origin of commodities and mitigate risks of deforestation, crop residue burning and transboundary haze at the source.

4. Agree on a standardised air quality indicator to be used in all ASEAN member states to monitor and track air pollution based on a common methodology and act accordingly.

ASEAN’s ‘review and decision’ on Five Point Consensus falls short of what is needed to resolve Myanmar crisis, Southeast Asian MPs say

ASEAN’s ‘review and decision’ on Five Point Consensus falls short of what is needed to resolve Myanmar crisis, Southeast Asian MPs say

JAKARTA – The Review and Decision on the Implementation of the Five Point Consensus agreed to by ASEAN leaders at the 43rd ASEAN Summit in Jakarta falls short of the steps necessary to resolve the Myanmar crisis and restore democracy in the country, ASEAN Parliamentarians for Human Rights (APHR) said today.

When President Jokowi opened the ASEAN Summit retreat session, he said that ASEAN needed more ‘tactical and extraordinary’ efforts to implement the Five Point Consensus,” said APHR Chair and member of Indonesian House of Representatives Mercy Barends. “Unfortunately, the ‘review and decision’ document does not reflect that need for extraordinary and urgent measures.”

The document states that ASEAN will continue to use the Five Point Consensus as the ‘main reference point’ to address the crisis in Myanmar and once again urged the Myanmar junta to ‘de-escalate violence and stop targeted attacks against  civilians.’ The document also notes that ASEAN leaders have agreed that Myanmar will not chair ASEAN in 2026.

We appreciate that ASEAN leaders have condemned the violence perpetrated by the junta; however, words of condemnation are not enough to stop these acts from happening. And while ASEAN reaffirmed its commitment to assisting Myanmar in finding a peaceful solution – it does not indicate how or what steps will be taken,” said Barends. “ASEAN has also failed to acknowledge and recognize the efforts and leadership of the pro-democracy movement in their various capacities.” 

Since the illegal coup in February 2021, at least 4,000 civilians have been killed, while nearly two million others have been forced to flee their homes. The Assistance Association for Political Prisoners (AAPP) estimates that the junta has arrested over 24,000 political prisoners since the coup, over 19,800 of which remain in detention.

It has been almost three years since the coup, during which millions of people have had their lives irrevocably shattered by the junta’s atrocities. And yet ASEAN seems content to continue to act as if the Myanmar crisis was some bureaucratic mix-up that can be periodically ‘reviewed’ and not an ongoing armed conflict where lives are on the line every day,” said Barends.

The Myanmar junta’s Ministry of Foreign Affairs has issued a statement rejecting the ‘review and decision’ claiming that it was ‘not objective’ and ‘one-sided.”

If there was not already enough proof, the Myanmar junta’s response to ASEAN’s review and decision further shows that the junta is a bad-faith actor that has no interest in pursuing the peaceful, democratic, and inclusive resolution that the people of Myanmar deserve. ASEAN leaders must open their eyes to this reality and stop acting as if the junta can be counted on to uphold and protect human rights, ” said Barends. “ASEAN must take a much harder line and detail enforcement mechanisms that will genuinely hold the junta to account, otherwise it is merely prolonging the status quo.”

We urge ASEAN to take strong and meaningful actions – including openly recognizing and supporting pro-democracy forces, and creating concrete accountability mechanisms for the junta – so that it is remembered as an organization that helped ease that suffering, rather than one that compounded it,” said Barends.

AIPA must take strong stance on Myanmar, Southeast Asian MPs say

AIPA must take strong stance on Myanmar, Southeast Asian MPs say

JAKARTA – Parliamentarians from Southeast Asia call on fellow lawmakers attending the ASEAN Inter-Parliamentary Assembly (AIPA) General Assembly in Jakarta to advocate for strong, concrete actions rooted in human rights principles to ensure a proactive and coordinated response to the worsening Myanmar crisis. 

The AIPA General Assembly is an important forum in which lawmakers from across the region can come together and work together on key issues, including the ongoing crisis in Myanmar,” ASEAN Parliamentarians for Human Rights Board Member and Malaysian member of parliament Wong Chen said today. “Representatives joining the assembly can play a key role in pushing their governments to ensure that the suffering and loss of life that occurs daily in Myanmar is not allowed to go on with impunity.”

The AIPA General Assembly is taking place between 5-11 August in Jakarta, Indonesia, with the theme “Responsive Parliaments for a Stable and Prosperous ASEAN.” The first plenary session will be held on 7 August, while committee meetings will be held on 8 August, with the final plenary session on 9 August.

AIPA representatives must recognize that the Myanmar junta cannot be relied on, as shown by its continued disregard for the Five-Point Consensus. Therefore, they should urge their respective governments to engage with the National Unity Government, ethnic revolution organizations and civil society groups,” said Wong Chen.

In July, Malaysian Prime Minister Anwar Ibrahim stated that he and Philippine President Ferdinand Marcos Jr. agreed that Southeast Asian countries should be able to engage bilaterally with the Myanmar junta. Before that, Thailand had initiated Track 1.5 meetings with junta representatives, which were also attended by Cambodia, Laos, and Vietnam.

We reiterate our concerns that an increasing number of ASEAN leaders have indicated their openness to engaging with the junta. This would be a terrible mistake; such ‘engagement’ would only be used as military propaganda and will help the junta paint the pro-democracy movement as an obstacle to peace, when in fact, establishing an inclusive and human rights-respecting  democracy,  is the only way to ensure lasting solutions in Myanmar,” said Wong Chen. “We, therefore, urge lawmakers to call on their governments to continue to work towards holding the junta accountable for its widespread and systematic crimes against its own people.” 

We also once again call on Indonesian lawmakers to urge Indonesia, as chair of ASEAN, to initiate a thorough and inclusive review of the Five Point Consensus while there is still time remaining in its chairmanship. The Consensus has so far failed to help resolve the Myanmar crisis. Time is running out for Indonesia to make a real impact on the fate of Myanmar and leave a lasting legacy for its chairmanship.

APHR urges Indonesia as ASEAN Chair to lead in improving human rights, democracy, climate protection in the region

APHR urges Indonesia as ASEAN Chair to lead in improving human rights, democracy, climate protection in the region

We, Southeast Asian parliamentarians from the ASEAN Parliamentarians for Human Rights (APHR), are alarmed by the deteriorating human rights situation in the region,

Recognizing the unique and significant role of the Association of Southeast Asian Nations (ASEAN) to promote regional peace and stability through respect for justice and rule of law,

Underscoring with urgent concern the deteriorating humanitarian situation in Myanmar with over one-million people displaced since the coup on 1 February 2021;

Drawing urgent attention to the unabated crimes against humanity, war crimes, conflict-related sexual violence, impunity perpetrated by the armed forces of Myanmar’s military junta;

Noting with concern the increasing attacks against freedoms of expression, association, and assembly and the alarming shrinking civic space in Southeast Asia;

Recognizing that elections have become the tools of authoritarian leaders to consolidate their power undermining elections as one of the core pillars of democracy; 

Expressing continued concern over Hun Sen’s constant and intensified repression of the opposition, civil society activists, and independent media through intimidation, physical violence, and politically motivated prosecutions;

Concerned over the Cambodian government’s abuse of power to prevent opposition parties from contesting in the upcoming July 2023 Elections;

Recognizing the significant risks and challenges faced by parliamentarians and human rights defenders in Southeast Asia;

Highlighting the increasing intimidation and harassment that parliamentarians and human rights defenders received in association with their status or work in upholding human rights;

Noting the lack of adequate protection, including under the ASEAN Human Rights Declaration, and the prevailing culture of impunity for perpetrators of abuses against human rights defenders; 

Raising concern over the persistent discrimination, persecution, and denial of basic rights based on faith, exemplified by the ongoing plight of the Rohingya community;

Highlighting the prevalence of problematic legislations, such as blasphemy laws, that fuel tensions and conflicts and undermine freedom of religion or belief;

Observing the alarming rise of hate speech, hate campaigns, and the divisive rhetoric propagated by influential figures, including religious leaders, politicians, and educators, which target ethnic and religious minorities, exacerbated by the influence of social media;

Acknowledging the high vulnerability of ASEAN nations to the adverse impacts of climate change, including rising sea levels, extreme weather events, and loss of biodiversity;

Noting that the  potential scale of devastation in ASEAN member states caused by the unmitigated carbon emission and rising global temperatures;

Recognizing the continuing dependence of most ASEAN states to fossil fuel and the slow progress in just energy transition;

Recognizing that gender inequalities exacerbate the the vulnerability of women to climate change impacts;

Noting the agreement in principle between ASEAN member states to admit Timor-Leste into ASEAN;

Building on Indonesia’s recent statement of support for Timor-Leste’s membership in ASEAN;

Do hereby agree to:

Urge Indonesia as Chair of ASEAN to take the lead in the region and mobilize all its member countries and ASEAN instrumentalities to take more proactive and decisive steps to address most urgent human rights concerns in the regions. Specifically:

In responding to the Myanmar Crisis

  • Initiate an inclusive review of the five-point consensus and make recommendations put forward by civil society organizations, including applying pressure to the United Nations Security Council to adopt a resolution on Myanmar under Chapter VII of the UN Charter. 
  • Liaise and coordinate with more vital pro-democracy allies and ASEAN dialogue partners such as the European Union, Canada, United States of America (USA), Australia, and New Zealand to counter Thailand talking with the Mekong River countries and China and India, and further express concern about Thailand’s ‘Track 1.5’ meetings.
  • Advocate for the immediate facilitation of cross-border assistance to meet the many growing needs of internally displaced people who urgently need food, shelter, water and medicine.
  • Declare that the junta sponsored ‘elections’ set to take place in 2024 in Myanmar are not legitimate and thus should not be endorsed nor considered free and fair.
  • Support calls from civil society organizations and ethnic revolution organizations for federalism and gender equality to be a strong pillar in Myanmar’s roadmap to freedom and democracy. Thus far, there has been a sincere lack of political will to discuss strategic women’s engagement. 
  • Recognize the suffering of Myanmar’s many ethnic people, including the long-persecuted Rohingya, who continue to face systematic violence. A comprehensive and coordinated approach rooted in humanitarian principles must be established to ensure that preserving their humanity is a collective approach.

In championing the restoration democratic rights of Cambodians

  • Condemn the Cambodian government’s efforts to undermine democratic institutions, including physical and legal violence towards human rights defenders, opposition members, and civil society,  as well as the disqualification of the opposition from contesting in the elections, and the banning of independent media outlet Voice of Democracy.
  • Pressure the Cambodian government to ensure an inclusive, free and fair electoral process, in full respect of human rights, including rights to freedom of assembly, association and expression for all political actors, civil society, and voters.
  • Urge Cambodia to unconditionally release all political prisoners from detention, put an end to all harassment and prosecution of political opponents, and to ensure full respect for human rights, including the right to a fair trial and full participation in the conduct of political affairs.
  • Call on ASEAN Member States and the international community to refuse to accord legitimacy to July elections and take stronger actions towards Hun Sen’s efforts to solidify his dictatorship.

In advancing for an ASEAN Regional Human Rights Defenders’ Mechanism 

  • Urge ASEAN and ASEAN Member States to adopt a zero-tolerance approach to the harassment and violent acts against human rights defenders and to take all necessary measures to promote and uphold the UN Declaration on Human Rights Defenders; 
  • Push ASEAN to work towards the development and implementation of a regional framework or mechanism on the protection of human rights defenders against all forms of violence, threats, retaliation, or any other arbitrary actions in association with their status or work, and to include such mechanism under the ASEAN Charter;
  • Urge ASEAN Member States to take legislative, judicial, administrative or other appropriate measures at national levels to facilitate the work of and to protect human rights defenders from any form of reprisals in association with their status or work as human rights defenders;
  • Encourage ASEAN to strengthen the mandate of ASEAN Intergovernmental Commission on Human Rights to provide emergency protection for human rights defenders and to regularly review the progress made by ASEAN Member States in implementing measures to protect human rights defenders, including through the establishment of a monitoring and reporting mechanism to assess the situation and identify areas for improvement.

In the protecting Freedom of Religion and Belief

  • Cease all violence and persecution against minority groups and release all prisoners of conscience who have been detained merely for peacefully expressing their beliefs.
  • Repeal or amend laws that infringe upon people’s freedom of religion and belief, including women and girls, ensuring compliance with international human rights standards.
  • Provide comprehensive remedies for victims of freedom of religion and belief violations and enhanced protection mechanisms for vulnerable groups at risk of victimization.
  • Encourage political leaders, religious leaders, and educators to actively promote peace, tolerance, and diversity, fostering social harmony in diverse ASEAN.
  • Support the establishment of an ASEAN mechanism to protect and advance freedom of religion and belief, setting standards, addressing abuses, and safeguarding individuals affected by these issues.

In addressing adverse impacts of Climate Change and Global Warming:

  • Mobilize ASEAN Member States to strengthen their commitment to the Paris agreement by enhancing their Nationally Determined Contributions (NDCs) in order keep the increase in the world’s temperatures to less than 1.5°C at the end of the century. In this way, we can attain a regional and global community where all, including future generations, are able to enjoy human rights without harm from climate change, pollution, deforestation, waste and environmental degradation.
  • Compel ASEAN member states to make just energy transition an  urgent priority of their governments by providing financial incentives to renewable energy systems and zero-emissions infrastructures and technologies in accordance with the objectives of the Paris agreements.
  • Advise ASEAN member states to promote investments in natural infrastructure and green spaces and prioritize government budget allocations on renewable energy, public transport, energy efficiency, electric vehicles, and other key areas supportive of a low carbon economy to avert potential damages from climate-related disasters.
  • Press ASEAN member states to strengthen efforts to enforce human-rights based protection of forests,  in particular  with respect to indigenous rights and customary land rights. 
  • Lead in developing regional mechanisms to assist member states to restore degraded forests to reactivate their capacities to regulate ecosystems.
  • Strengthen cooperation and enforce a transboundary integrated approach among member states to improve ocean management by sharing best practices, monitoring marine pollution, harmonizing policies, and implementing joint activities.
  • Urge ASEAN member states to commit to gender-responsive Climate Policies, plans, and programs at all levels ensuring equal access to resources, including inclusion to to climate finance initiatives;
  • Drive member countries in the region to develop gender-responsive adaptation measures that are responsive to address the specific needs of women and of other marginalized genders.

In the Inclusion of Timor Leste as member of ASEAN

  • Expedite the admission of Timor-Leste as a member of ASEAN.