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.
Indonesia should set example on safeguarding digital rights ahead of elections, Southeast Asian MPs say

Indonesia should set example on safeguarding digital rights ahead of elections, Southeast Asian MPs say

JAKARTA — As the region’s largest democracy, Indonesia should lead the way in upholding human rights online, particularly ahead of the upcoming 2024 general elections, Southeast Asian lawmakers said today at the conclusion of a fact-finding mission on internet freedom in the country.

Indonesia has taken great strides in democratic reform following the fall of the authoritarian New Order regime 25 years ago, but we are concerned that if current trends of restrictions on freedom of speech and expression online continue unchecked, this important progress will be lost,” ASEAN Parliamentarians for Human Rights member and Malaysian Member of Parliament Yuneswaran Ramaraj said today.

“The internet is now one of the places where citizens and voters exercise their right to freedom of speech the most; if these digital spaces are closed this poses a risk to the freeness and fairness of the upcoming elections,” continued Ramaraj.

During the fact-finding mission, current and former parliamentarians from Malaysia, the Philippines, and Timor-Leste went to Jakarta and met with civil society organizations, journalists, and technology companies and also made visits to the Ministry of Communication and Information, the General Election Commission (KPU) as well as the National Human Rights Commission (Komnas HAM). The mission culminated in a meeting with members of the Indonesian House of Representatives Commission I, which oversees communication and information.

One of the major findings of the mission is how the Electronic Information and Transaction (ITE) Law – particularly its articles on defamation – has been used by those in positions of power to criminalize and silence peaceful expressions of dissent. This can be seen in the ongoing prosecution of human rights defenders Haris Azhar and Fatia Maulidiyanti, who were reported under the ITE Law by Coordinating Minister for Maritime Affairs and Investment Luhut Panjaitan merely for discussing allegations of the minister’s involvement in mining activities in Papua in a Youtube video.

The ambiguous provisions in the ITE Law are clearly being misused and pose a great threat to meaningfully discussion of political opinions online, which is particularly concerning with elections on the horizon,” said APHR member and Timor-Leste member of parliament Elvina Sousa Carvalho. 

APHR joins Indonesian civil society in calling on the Indonesian government and House of Representatives to enact a comprehensive revision of the law, and for authorities to halt the use of the law pending the revision. Continued prosecutions under the ITE Law would call into question whether the upcoming elections are truly democratic,” continued Carvalho.

Representatives from civil society and media also expressed their concerns about the increased monitoring of social media content, as well as digital attacks against human rights defenders and media organizations. These threats to freedom of expression online have caused a chilling effect, creating an atmosphere in which internet users are inclined to self-censor themselves in order to avoid legal harassment or online intimidation.

Civil society organizations as well as Komnas HAM have engaged in efforts to safeguard a democratic digital ecosystem, including by fact-checking disinformation about the 2024 election, conducting training for young voters, as well as engaging with state actors. However, many respondents have expressed concerns that state institutions are not opening enough room for civil society and human rights groups to provide their inputs in regulations that affect freedom of speech and expression online.

Elections are not merely about what happens on one day in a voting booth,” said APHR member and former Philippines member of parliament Sarah Elago. “Elections should be a truly democratic process in which all members of society, especially the marginalized, feel comfortable to openly and peacefully express their views and have meaningful dialogues about the future of the country,” Elago added.

APHR therefore calls on the Indonesian government institutions to increase public participation in digital freedom-related policy making and setting measures to promote a healthy and informed online discourse during the election process. We also urge state institutions, such as KPU, Bawaslu, and Komnas HAM, to uphold democratic principles and likewise prevent any backsliding in democratic progress,” said Elago.

Indonesia has often been considered as one of the most democratic and human rights-respecting countries in Southeast Asia. Considering this, and the country’s position as ASEAN chair, Indonesia should continue to set an example and not turn back from the progress made during the past three decades,” said Ramaraj.

Click here to read this statement in Indonesian.

ASEAN must take stronger stance beyond Five-Point Consensus, Southeast Asian MPs say

ASEAN must take stronger stance beyond Five-Point Consensus, Southeast Asian MPs say

JAKARTA – On the two-year anniversary of the Five-Point Consensus, lawmakers from Southeast Asia call on ASEAN to acknowledge that the Consensus signed in April 2021 has failed miserably and that the Myanmar junta led by Senior General Min Aung Hlaing should not to be trusted to fulfill the obligations outlined in the proposed agreement. 

The recent airstrikes in the Sagaing region, which killed hundreds of civilians, including children, are further evidence that the Myanmar junta is completely unwilling and incapable  of adhering to the Five-Point Consensus,” ASEAN Parliamentarians for Human Rights (APHR) Chair and member of the Indonesian House of Representatives Mercy Barends said today. “If ASEAN insists on sticking to an agreement that has proven to be utterly ineffective then it is complicit in the ongoing crimes and atrocities of the junta.”

On April 24, 2021, the leaders of nine ASEAN member states and Myanmar junta chief, Senior General Min Aung Hlaing, agreed to the following five points: an immediate end to violence in the country; dialogue among all parties; the appointment of a special envoy; humanitarian assistance by ASEAN; and the special envoy’s visit to Myanmar to meet with all parties.

The International Parliamentary Inquiry into the global response to the Myanmar coup (IPI), which was organized by APHR, indicated in its final report in November 2022,  “it is clear that the FIve-Point Consensus has failed, and a new mode of engagement is needed in its place.” As one witness noted in their testimony to the IPI, from the start, it was “thoroughly clear that Min Aung Hlaing was insincere in signing it and had no intention of following it.”

The Consensus’ first point on the cessation of violence has been blatantly ignored by the junta, as evidenced by the ongoing airstrikes and malicious attacks against unarmed civilians. Meanwhile, ASEAN’s intention to provide humanitarian aid, as noted in the IPI report,  has been “stymied by a lack of resources and genuine commitment.” The ASEAN Special Envoy position has also proven to be ineffective, especially since it changes along with the ASEAN chair. 

ASEAN’s weak-willed approach toward the junta is a complete disgrace. Even after it finally criticized the junta’s airstrikes in Sagaing, the ASEAN Secretary-General still met with the junta’s permanent representative to ASEAN, making any statement of condemnation little more than lip service,” said APHR Co-chair and former Malaysian member of parliament Charles Santiago. “Indonesia’s ‘soft-diplomacy’ approach as ASEAN chair has also yet to yield results and must be urgently reevaluated. Indonesia must take a stronger stance and be transparent on how they are addressing the Myanmar crisis, especially given the limited amount of time left in their chairmanship.”

In a roundtable discussion at the Indonesian House of Representatives in Jakarta on March 3, dozens of parliamentarians from several Southeast Asian countries urged ASEAN and the international community at large to take swift and concrete action against the illegal military junta led by Senior General Min Aung Hlaing, and provide real assistance to the pro-democracy forces in Myanmar, including by recognizing the National Unity Government (NUG) and having open and public negotiations that include the NUG, ethnic groups, and other pro-democracy forces.

ASEAN needs to live up to its role as a regional mediator and it needs to do so immediately, starting with Indonesia as chair. Closed-door and informal meetings are no longer enough,” said Santiago. “It is clear that ASEAN needs to negotiate a new agreement that includes the National Unity Government and the representatives of ethnic minorities while providing clear enforcement mechanisms to ensure that the agreement is upheld.” 

Click here to read this statement in Thai.

Click here to read this statement in Indonesian.

Southeast Asian MPs call on ASEAN to step up and help the Myanmar people in their struggle against the military junta

Southeast Asian MPs call on ASEAN to step up and help the Myanmar people in their struggle against the military junta

JAKARTA – Dozens of parliamentarians from several Southeast Asian countries urged the ASEAN and the international community at large to take swift and concrete action against the illegal military junta led by Senior General Min Aung Hlaing, and provide real assistance to the pro-democracy forces in Myanmar, following a roundtable discussion on the Myanmar crisis held today in Jakarta.

The discussion, which was part of ASEAN Parliamentarians for Human Rights’ (APHR) annual members’ forum, was held at the Indonesian House of Representatives and included parliamentarians and civil society organizations from Cambodia, Indonesia, Malaysia, the Philippines, Singapore, Thailand, Timor-Leste and Myanmar itself.

The crisis in Myanmar is causing a humanitarian catastrophe of gigantic proportions. The junta’s atrocities have displaced hundreds of thousands from their homes. Adding to previous displacements before the coup, the number of internally displaced persons in Myanmar now stands at more than a record 1.3 million. The sole responsible for this disaster is the junta led by Min Aung Hlaing, and it is high time that ASEAN stop treating it with kid gloves. Strong pressure to isolate the Myanmar military is more imperative and urgent than ever,” said Mercy Barends, member of the Indonesian House of Representatives and APHR Chair. 

According to the local organization Assistance Association for Political Prisoners (AAPP), over 16,000 political prisoners are currently jailed in abysmal conditions, and at least 3,075 people have been killed by the military since the coup, although AAPP believes that the number is likely many times higher.

These conditions also extend to parliamentarians in the country. According to APHR monitoring, 84 members of the national and sub-national parliaments remain in detention, facing not only the risk of torture in prison but also possible risk of execution following the executions of four pro-democracy activists, including former lawmaker Phyo Zeya Thaw. Most ousted parliamentarians continue their work in hiding and are at risk of detention or even death. Some have had their family members harassed and their properties seized by the junta.

“What is happening in Myanmar is an affront to humanity and we, as fellow humans, should take it seriously and not stand idly as the military continues to violate the human rights of the Myanmar people. We, Parliamentarians across Southeast Asia must work together in putting the country back into a path towards democracy. One of the first steps is to recognize the National Unity Government and the Committee Representing Pyidaungsu Hluttaw (CRPH) as the legitimately elected representatives of the people of Myanmar and involve them in any future negotiations,” said António de Sá Benevides, member of Parliament of Timor Leste and APHR Member.

The International Parliamentary Inquiry (IPI) into the global response to the crisis in Myanmar, which was organized by APHR in 2022, found that the global community has largely failed to provide the help that the people of Myanmar sorely need. ASEAN and the international community at large have hidden behind the Five Point Consensus, which the Myanmar junta has continually and blatantly flouted.

“As Chair of ASEAN this year, the biggest and most democratic country in the region, Indonesia has a duty to step up and tell the generals in Naypyidaw that enough is enough. After the failed approach of Cambodia last year, appeasing the generals and ignoring the pro-democracy movement, Jakarta should put significant pressure on the Myanmar military, and support the pro-democracy forces led by the NUG, if it is serious about solving the crisis,” said Charles Santiago, former member of the Malaysian Parliament, and APHR Co-Chair.

Click here to read this statement in Thai.

Indonesia should lead the way in helping Myanmar’ pro-democratic movement

Indonesia should lead the way in helping Myanmar’ pro-democratic movement

By Charles Santiago.

Two years after the coup d’état in Myanmar on 1 February 2021, the country has descended into a downward spiral as the junta led by Senior General Min Aung Hlaing tries to consolidate its power with increasing brutality. Amid the fog of war engulfing Myanmar, two facts have become increasingly clear: the military has failed to take over the country amid widespread popular resistance; and the global community has failed to provide the help that the Myanmar people so badly need in their struggle for democracy.

Those were two of the main conclusions that an International Parliamentary Inquiry (IPI) into the global response to the crisis in Myanmar, organized by ASEAN Parliamentarians for Human Rights (APHR), reached in a report published in November. The report laid bare the many inadequacies of the international community on Myanmar, in particular how it has hidden behind ASEAN, despite the regional bloc’s evident fecklessness in handling the issue so far. Little has changed since the report came out.

On both the domestic and international fronts, 2023 presents itself as a pivotal year for Myanmar. It is a time fraught with danger, as the junta plans to hold an election which will not serve to solve the crisis and is likely to trigger even more violence; for the time being, such plans have been put on hold, as Min Aung Hlaing extended on 1 February the state of emergency for another six months. He even admitted that more than a third of Myanmar’s townships are not controlled by the military.

What the military is unable to admit is that, in the conditions currently prevailing in Myanmar, there is not a remote possibility that any election organized by the junta can be minimally free and fair. And it is Min Aung Hlaing who has created these conditions. The military is persecuting the opposition with criminal ferocity while also viciously killing their own citizens on a daily basis. According to the local organization Assistance Association for Political Prisoners (AAPP), over 13,600 political prisoners are currently jailed in abysmal conditions, and at least 2,810 people have been killed by the military since the coup, though the organization believes that the number is likely many times higher.

It is thus crucial that international actors, including ASEAN, do not get fooled by the electoral charade planned by Min Aung Hlaing as a desperate attempt to legitimize its illegal takeover. The Myanmar people already voted in 2020, and gave a resounding victory to the incumbent National League for Democracy (NLD), led by Aung San Suu Kyi. And the generals have never shown any evidence that those elections were marred by fraud, as they claim as their flimsy rationale for the coup.

The Myanmar people have clearly shown that they are not willing to accept a return to military rule. The representatives of the elected government and parliament who have managed to avoid being jailed, the National Unity Government (NUG) and the Committee Representing Pyidaungsu Hluttaw (CRPH), along with leaders of the ethnic minorities, are working in drafting a new constitution that would establish a democratic federal system.

The global community should support those efforts. And, as Chair of ASEAN, Indonesia should take the first step by breaking with the regional group’s failed approach over the last two years, particularly under the chairmanship of Cambodia in 2021, with the government of Hun Sen engaging with the junta and thus conferring it a legitimacy it does not deserve.

The Myanmar military has disregarded from the outset the Five Point Consensus, which was signed by ASEAN member states and Min Aung Hlaing’s junta in April 2021, and was aimed at putting an end to the violence, foster negotiations between all stakeholders and deliver humanitarian aid. Such disregard only shows the utter contempt of the junta towards ASEAN itself and its member states, including Cambodia; and the group has proved incapable, or unwilling, to enforce the implementation of the agreement.

It is encouraging that the Indonesian Minister of Foreign Affairs, Retno Marsudi, squarely blamed the junta for failing to implement the Five Point Consensus in November last year. Now, as Special Envoy to Myanmar, she should step up and lead ASEAN into changing tack on Myanmar.

Ibu Retno should begin with publicly acknowledging the NUG as the legitimate government in Myanmar, and engage with it, alongside allied ethnic organizations and the pro-democracy movement at large, on all issues. As a first step, the Minister should promote within ASEAN a new agreement to replace the failed Five Point Consensus. This new agreement should be negotiated with the NUG and allied forces, not with Min Aung Hlaing, and it should include clear benchmarks and enforcement mechanisms.

The Indonesian government should also recognize that the junta is repeatedly weaponizing aid, and cannot be trusted to deliver it in an effective manner. ASEAN should work through the NUG, ethnic organizations and Myanmar’s vibrant civil society to assist those affected by the humanitarian catastrophe befalling the country since the coup.

Lastly, Indonesia should promote sanctions against the generals, including efforts to impose an arms embargo, cutting the financial flows to the junta and travel bans in the region. The ASEAN Chair should also take a leading role in making the junta accountable for its horrible crimes.

As one of the largest democracies in the world, with experience in sending its own military back to the barracks after decades of dictatorship, Indonesia can, and should, play a positive role in supporting democracy in Myanmar. Indonesia’s chairmanship of ASEAN presents a unique opportunity for the regional group to change course and begin to help at last the Myanmar people in their struggle against the murderous military. Let’s not miss this opportunity.

Charles Santiago is a former member of Parliament from Malaysia, and the co-chairperson of ASEAN Parliamentarians for Human Rights (APHR).

This article first appeared in The Jakarta Post.