At Imperial Garden Villa and Hotel, Phnom Penh, Cambodia
REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy
The report was prepared by:
CHRAC Secretariat I REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy
On 22-23 October 2012
At Imperial Garden Villa and Hotel, Phnom Penh, Cambodia III REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy Day 1 - Regional Human Rights Systems: Dynamisms, Challenges and Opportunities & the Role of Civil Society ........................................................................ 01 . Welcome.remark ................................................. 02 . Introduction.of.the.workshop.objectives ........ 04 . Plenary.1:.The.Evolution.of. the regional human rights systems: Are.we.in.the.right.direction? ........................... 05 . Plenary.2:.Cross-Regional.Advocacy. Agenda in Strengthening Human Rights Systems: meaning, indicators and bases (each.speaker.should.represent.one.case. study) .................................................................... 10 Day 2 - Regional Human Rights Systems: Civil Society Agenda for the next three years ............................ 13 . Plenary.4:.The.life.after.the.adoption.of. AHRD ..................................................................... 14 . Finalization.of.the.Statement.and. Recommendation ................................................ 18 . Special.sessions ................................................. 23 . Closing.remark.by.the.co-organizers .............. 26 annexes ................................................................................... 27 . Agenda ................................................................. 28 . CSOs.Recommendations................................... 30 . List.of.participants .............................................. 32 Table of Contents 1 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy Day 1 - Regional Human Rights systems: Dynamisms, Challenges and Opportunities & the Role of Civil society 2 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy WelCOme speeCH mr. Thun saray, Chairperson of CHRaC/ president of aDHOC Below. is. the. original. message. from. Mr.. Thun. Saray.during.the.frst.day.of.the.2nd.Workshop. on. Strengthening. ASEAN. Human. Rights. Systems through Civil Society Advocacy. First. of. all,. let. me. warmly. welcome. to. all. distinguished. guests,. speakers,. partners. and colleagues coming from Cambodia, the ASEAN.region.and.other.regions.to.attend.this. important.workshop. Ladies,.gentlemen.and.distinguished.guests! This.2nd.Workshop.on.Strengthening.ASEAN. Human.Rights.Systems.through.Civil.Societys. Advocacy. is. a. follow-up. event. of. the. frst. workshop,. which. was. held. in. Bali. last. year. and. organized. by. Human. Rights. Working. Group. (HRWG). Indonesia.. At. this. crucial. time. while. Cambodia. is. chairing. ASEAN. this. year, the Cambodian Human Rights Action Committee (CHRAC), the Cambodian Human Rights and Development Association (ADHOC) and.HRWG.are.organizing.once.again.the.2nd. Workshop.in.Phnom.Penh.today.and.tomorrow.. Tomorrow. marks. the. 3rd. Anniversary. of. the. creation. of. the. ASEAN. Intergovernmental. Commission.on.Human.Rights.(AICHR),.which. is held under the Cambodian chairmanship in Phnom Penh too. The.main.objectives.of.this.two-day.workshop. are: 1. To. discuss. the. evolution,. key. challenges. and opportunities of regional systems upholding.human.rights.and.civil.societys. role; 2. To.explore.the.most.effective.and.strategic. ways.of.sharing.experiences.and.expertise. to strengthen cooperation across regions and.countries.toward.the.goal.of.creating. credible regional human rights bodies. Our gathering today is refecting our commitments and contribution to achieving an ASEAN.Community,.which.is.being.undertaken. by. our. leaders.. The. role. of. civil. society,. particularly. NGOs,. in. the. ASEAN. region. is. very.signifcant.not.just.only.to.fll.the.gaps.by. our governments but also to help monitor the Community progress and processes in order to. fully. realize. the. goal. of. the. regional. bloc.. Furthermore. we. help. to. attain. the. regions. vision to promote and respect human rights in the.region.as.envisaged.in.the.ASEAN.Charter. This.workshop.is.a.place.not.only.for.hearing. perspectives and updates of our colleagues 3 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy from.different.countries.in.the.ASEAN.region,. but also it is a venue for us to learn from each other, and share strengths, solidarity and common voices in order to better the civil societys. engagement. with. ASEAN. leaders,. particularly in the feld of human rights, through. the. regions. different. human. rights. mechanisms.. As. you. know. ASEAN. was. slow. to. start. establishing. ASEAN. human. rights. mechanism. in. the. region. if. compared. with. other human rights mechanism in other region. As. we. have. witnessed. so. far,. three. main. human. rights. systems. in. ASEAN. established. known. as:. (1). the. ASEAN. Intergovernmental. Commission on Human Rights (AICHR), (2) the. ASEAN. Commission. for. the. Promotion. and. Protection. of. the. Rights. of. Women. and. Children. (ACWC). which. are. performing. their. respective roles and mandates pursuant to their. Terms. of. References.. AICHR. has. no. protection mandate yet to ensure human rights of.the.people.in.the.region.are.well.protected,. and. furthermore. the. draft. ASEAN. Human. Rights. Declaration. lack. of. consultations. with. civil. society,. and. transparency.. However,. we. also note that there is still in deed al lot more efforts to be made or contributed from different stakeholders,.especially.from.us.as.a.relevant. actor to engage, lobby, advocate and even push these mechanisms to fully implement their mandate more effectively, responsively and transparently to the current human rights challenges.we.all.are.facing.today.. Ladies,.gentlemen.and.colleagues! With. your. active. participation,. discussion. and. contribution. during. these. two. days,. we. are. hopeful. that. in. the. end. we. will. be. more. knowledgeable. on. the. ASEANs. . . human. rights systems, and better informed of other regional. human. rights. systems,. which. could. be contributing to strengthening our regional human. rights. system. in. the. later. stage.. With. this.workshop.operation,.on.behalf.of.the.co- organizers,.I.do.believe.that.you.will.be.learning. and.sharing.more.with.each.other.relevant.key. issues, challenges and best practices so that we. can. build. our. knowledge. and. advocacy. strategies.in.dealing.with.human.rights.issues. in.our.ASEAN.region. Finally,. on. behalf. of. CHRAC,. HRGW. and. ADHOC,. I. wish. you. a. pleasant. stay. in. Cambodia and a successful debate during these. two-days.. May. I. take. this. opportunity. also.to.thank.to.Open.Society.Foundation.and. Swedish. Sida. for. their. contribution. to. make. this event happening. Thank. you. very. much. for. your. participation. and.kind.attention!.
4 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy InTRODuCTIOn anD ObjeCTIve Of THe WORksHOp ms. yuyun Wahyuningrum, senior advisor on asean and Human Rights, HRWG Yuyun,.frst.of.all,.thanked.to.the.co-organizers. (CHRAC and ADHOC) for hosting this event in Phnom. Penh.. Then,. she. warmly. welcomed. and. thanked. to. all. the. participants. coming. from. various. countries. in. the. ASEAN. region.. The. workshop. today. was. so. crucial,. she. highlighted.as.it.would.give.us.to.think.of.how. to.react.to.the.adoption.of.current.draft.ASEAN. Human. Rights. Declaration. (AHRD),. which. so. worried. the. civil. society. as. it. falls. below. the. international. standards. of. human. rights.. The. ASEAN. Intergovernmental. Commission. on. Human Rights (AICHR), under the Cambodian chairmanship and after several consultations with.civil.society.at.both.national.and.regional. level, aimed at fastening the adoption of the. draft. as. its. current. form.. Therefore. with. this. move,. we. as. civil. society. should. play. very. important. role. in. looking. in. the. feasible. advocacy. strategies. to. deal. with. it,. and. we. would. also. try. to. have. a. joint. statement. that. would. come. up. as. the. result. of. this. workshop. to.refect.on.the.outcomes.and.the.key.concern. in. next. month. ASEAN. Summit,. as. well. as. in. particular.with.regard.to.the.work.of.AICHR.in. the next three-year mandate. Then. she. moved. on. to. explain. about. the. two- day. workshop. agenda,. and. highlighting. an. expected. outcome. of. the. joint. statement. drafted. during. this. workshop. and. presented. in a Press Conference by civil society. During this. conference,. there. would. also. be. some. selective. representatives. to. join. and. convey. the.group.messages.with.particular.to.the.work. of.ASEAN.and.AICHR..She.also.told.that.a.day. before.this.workshop.(on.21st).we.organized.a. media.briefng.aiming.to.inform.about.the.work. of.AICHR.within.its.three-year.term.that.would. be ended by 23rd October. She also informed that.while.we.were.at.this.workshop,.the.AICHR. led.by.Cambodia.AICHR.would.also.gathered.in. Phnom Penh on 23 Oct to commemorate the 1st Anniversary of the AICHR and launched its website.as.well.as...the.booklet.about.AICHR. After. the. plenaries,. there. would. follow. by. two. special. sessions. on. Cambodias. role. in. addressing its past human rights violations (i.e. genocide,. or. crimes. against. humanity). which. would. be. benefcial. to. the. strengthening. of. the role of regional human rights mechanism including AICHR to intervene further in any cases considered as the mass human rights violations. that. would. be. happening. in. the. region. as. well.. She. explained. that. this. kind. of. workshop. was. more. relax. and. participatory. approach,. that. was. why. she. urged. the. participants to give their opinions freely and frankly.in.order.to.attain.the.objectives. 5 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy plenaRy 1: THe evOluTIOn Of THe ReGIOnal Human RIGHTs sysTems: aRe We In THe RIGHT DIReCTIOn? moderator: ms. jelen paclarin, executive Director of Wlb, the philippines speaker:. H.E. Rafendi. Djamin,. Indonesias. Representative to the AICHR The.full.presentation.of.H.E.Djamin.was.shown,. and. below. were. key. points. raised. during. the. course.of.the.workshop. Prior. to. his. speech,. frst. of. all,. he. thanked. the. organizers,. CHRAC,. ADHOC,. and. HRWG. for. organizing. this. important. workshop.. This. event. was. very. signifcant. after. three. years. of.AICHRs.work.has.completed..The.mandate. of. Indonesian. AICHR. representative. would. also be ended by this month, and therefore a. representative. could. also. old. or. new. one. to. join. in. the. regional. human. rights. body.. We. did.not.know.about.other.representatives.from. other.ASEAN.member.states.as.well.including. the current chair Cambodian representative. Mr. Rafendi stressed the important that many years. ago,. ASEAN. had. neither. human. rights. Charter nor mechanism, despites its norms including other human rights conventions that were.ratifed.by.the.member.states..Then.there. were. some. evolutions. in. ASEAN. in. regards. to its regional Human Rights Mechanism as follows: . AICHR.was.created.in.2009; . ACWC.was.created.in.2010; . ACMW.was.created.in.2008; Back.in.1967,.the.main.objective.of.creation.of. ASEAN. was. to. maintain. regional. peace. and. security,.economic.cooperation..Back.in.2000,. Indonesia proposed on political sphere in the region including governance, democracy and. human. rights. If. compared. with. other. regions,. human. rights. were. not. discussed. at. all. at. the. early. stage.. To. initiate. a. charter. of. ASEAN. has. taken. time,. then. it. was. achieved. in 2007. Measuring AICHR: . consensus.on.ToR.of.AICHR.in.2009,.limited. 6 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy protection mechanism; institutional building: strengthening . AICHR.creation.was.challenged.including. the mandate, the name, and the person who.will.serve.this.commission; consensus= building up engagement, assurance,.trust.and.the.commitment.will. be implemented institutional building: . ToR:. election. of. the. representative. can.discuss.with.civil.society . Secretariat.has.from.two.to.four.staffs. to help AICHR, but at the national level, because. of. each. countrys. foreign. affairs. (which. not. focus. only. AICHR,. but other issues); . functioning. and. engaging. with. other. ASEAN. bodies. that. dealt. with. human. rights; 14 Mandates of AICHR Chart: - Protection and Promotion mandate . Development strategies to promote and protect human rights mandate 10: obtaining information from member states - there is no guideline, but conduct thematic.studies.(CSR);.the.way. engage the member states; -. thematic. workshopsuseful. process.to.engage.stakeholders.in. the.region.(women,.and.children); - obtaining information Mr.. Rafendis. key. concluded. observations. for. this.topic.were.the.following: . It.is.just.three.years.of.AICHR.so.that.it.is. so.early.to.have.full.and.critical.judgment. over.its.work.and.the.implementation.of.its. mandate; . It. might. need. long. advocacy. and. keep. pushing and because many other member states. change. their. attitudes. toward. human.rights.in.its.own.context.in.general. and in the region in particular; . For. the. frst. stage,. AICHR. can. be. a. frm. forum to create understanding, building trust. about. human. rights. within. ASEAN. contexthow.is.human.rights.critical,.and. acknowledging. of. the. role. of. civil. society. in promoting and protecting human rights; . It. is. the. only. process. that. deals. with. human rights issues in the region at the moment; It needs more time to create engagement procedures. with. AICHR. as. a. whole. or. an. individual AICHR representative in order to build trust and relationship among them and civil society; speaker: mr. David padilla, former assistant executive secretary, Inter-American Commission.on.Human.Rights,.professor.of.law. in.the.Philippines.focusing.on.the.Challenges. and lessons from Inter-American commission on.human.rights.that.can.be.useful.for.ASEAN First. of. all. he. said. that. he. was. so. interested. in. what. has. been. going. on. in. Southeast. Asia,. especially. the. current. move. toward. the. adoption. of. an. ASEAN. Human. Rights. Declaration. (AHRD). and. the. passive. work. of. AICHR. in. the. frst. term. it. has. worked. in. promoting.human.rights.in.the.ASEAN.region. He then started his presenting by focusing on the. works. of. the. Inter-American. Commission. on Human Rights. He briefed a little bit about the.background.and.the.initiative.to.establish. a commission on human rights. He said that after.the.World.War.II,.in.1948.member.states. of the American states came together to create. a. declaration. on. Human. Rights. with. the. participation. of. 35. member. states.. The. Commission. on. Human. Rights. was. created. in. 1959.. The. key. roles. of. the. commission. are. to receive communication from individual complaints. from. the. member. states.. The. Commission had initiated and drafted some signifcant treaties for example, the treaties on. violence. against. women,. prevention. of. torture. It also established norms, standard setting, and several other protocols (i.e. on death. penalty).. These. human. rights. norms. and principles shall be applied in the member states. He. said. that. the. Declaration. is. however. is not a binding document that can bring 7 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy accountability of state members; but it sets up a lot of guiding human rights principles focusing in the Inter-American states region in. addition. to. the. states. ratifcation. to. other. international human rights treaties. He raised some examples of the successful stories of the.Commissions.work.in.dealing.with.human. rights. such. as:. in. a. war. among. its. member. states (Honduras and other), the commission jumped. in. to. help. address. the. issue;. in. 1990s. in Bogota, a group of rebel got hostage, then there. was. negotiation. with. the. government. and rebels, but the commission played a role. as. a. mediator. between. the. two. parties. leaders. Dr. Padilla then explained about the some special measures that are used under the Commission in form of recommendations, which. are. more. specifc. on. issues. (i.e.. should. do. or. should. not. do). while. the. Court. of. Human. Rights. issued. a. lot. decision. which. then. became. the. jurisprudences. for. other. cases implemented in the member states. Then,. apart. from. the. Commission,. they. also. established. a. Court. of. Human. Rights. within. the Inter-American system that can hand down. binding. decisions. that. are. sometimes. specifc.on.issues.it.dealt.with.and.sometimes. in a more general. Professor. Padilla. suggested. the. following. lessons from the Inter-American Commission for.ASEAN: . ASEAN. should. encourage. the. member. states.to.strengthen.the.work.of.AICHR.in. dealing.with.human.rights.in.the.region; . Create. and. strengthen. a. Secretariat. (of. AICHR) that shall play very important role in assisting the AICHR to fulfll its mandates. Those. should. include:. permanent. staffs,. good leadership, clear and persistent fund-raising strategies, budgeting and accountability, and regular staff meeting for. updating. and. follow-up.. This. refects. a good lesson from the Inter-American system.where.a.Secretariat.is.quite.strong. with. adequate. staffng. that. could. help. the offcers and Commissioners of the Commission,.because.they.just.work.part- time,.not.paid.jobs,.but.practicing; . Constructive. way. and. communication. shall be important principles because the. consensus. decision. making. style. of. ASEAN/AICHR. shall. be. focusing. on. themes rather than strategic issues that are under the mandate; . Participation. and. engagement. of. the. civil society in the process is very recommended in order that the AICHR can have.an.overview.on.human.rights.issues. in.the.region.it.is.working.on;.... speaker: mr. adem kassie abebe, Centre for Human Rights, university of pretoria Mr.. Abebe. could. not. attend. the. workshop. due. to. his. fight. trouble;. however,. he. shared. his. presentation.. Below. is. the. extract. of. his. presentation. Normative.framework: . African. Charter. on. Human. and. Peoples. Rights.(1986) . Protocol.on.the.Rights.of.Women.in.Africa. (2005) . African.Charter.on.the.Rights.and.Welfare. of.Children.(1999) . African. Charter. on. Democracy,. Elections. and Governance (2012) . And. others. such. as. on. corruption. (2006),. IDPs,. refugees(1974),. conservation. of. nature . Articles. 60. and. 61. of. the. African. Charter refer to international and African. instruments. (model. for. ASEAN. Declaration?) Institutional.framework . African. Commission. on. Human. and. Peoples.Rights . African. Court. on. Human. and. Peoples. Rights . African. Committee. on. the. Rights. and. Welfare.of.Children. . African.Court.of.Justice.and.Human.Rights. - in the pipeline merging the African Court of. Human. and. Peoples. Rights. with. the. African.Court.of.Justice;.also.discussions. to.give.it.criminal.jurisdiction. . Sub-regional. systems. and. Courts:. ECOWAS,.EEC,.SADC African Commission: Membership . Composed. of. 11. members. of. the. highest. reputation,. known. for. their. high. morality,. integrity, impartiality and competence in matters of human and peoples rights. . Serve.in.their.personal.capacity. . Challenges. in. the. beginning:. politically. active individuals such as ambassadors 8 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy were. members;. not. a. major. problem. anymore . Gender:. initially. all. men;. now. 7. out. of. 11. are.women,.including.the.Chairperson.and. Deputy Chairperson . Challenge:. nomination. process. . lessons. from.ASEAN?.An.AU.note.verbal.calls.for. participatory national processes african Commission: functions functions Cntd Resolutions Promotional Protection Communication State communications Fact-fnding.missions Individual communications State reports Promotional visits etc Thematic.e.g. fair trial Country specifc e.g. Mali 9 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy Role for CSOs: Promotional functions . Commission.has.robust.relationship.with. CSOs . NGO.Forum.preceding.the.ordinary. sessions.of.the.Commission..major. platform to shape the agenda and outcomes of the Sessions . Shadow.reports . Proposing.resolutions.and.even.Protocols. (CSOs.played.a.major.role.in.the.drafting. of.the.Womens.Protocol) . Supporting.promotional.missions. Specifc personal experiences: . Drafting.model.access.to.information.law. . General.Comment.on.women.and.HIV . Establishment.of.Committee.on.HIV/AIDS . Preparation.of.shadow.reports.almost. every year Role of CSOs: protection mandate . Almost.all.communications.before.the. Commission submitted by CSOs . Specifc.personal.experiences.example. . Case.against.Angola. . Amicus.curiae.submissions . Supporting.Commissioners.during.fact- fnding missions Challenges . Some.normative.defects:.But.has.been. dispelled through creative interpretations and thematic resolutions of the Commission - similar problems in the ASEAN.Declaration? . But.major.challenges.are.practical. . Failure.to.report.periodically.(every. two.years) Implementation challenges: communications, concluding observations, provisional measures, resolutions:.The.Court.expected.to. help in this regard Resource constraints (forcing the Commission to focus on promotional functions) Visibility problems: the Commission as elitist,.very.few.people.know.about.it. (CSOs can help in this regard) . Communications.take.too. long to resolve: some pending communications submitted in 2002 Participation and transparency of appointment process Conclusion . Things.improving.overtime.but.there.is.a. lot to be desired . CSOs.have.been.and.continue.to.be.the. LIFELINE.of.the.Commission.in.achieving. both its promotional and protection mandates..this.is.a.big.lesson.for.the. ASEAN.Commission. Question.&.Answer: (1). How.the.commission.was.set.up? (2). How.to.ensure.the.independence. in.implementing.the.work? A-. The.independence.coming.from. the.works.and.decision.of.each. individual representative in performing.their.tasks..However. this.takes.times; (3) Individual complaint to AICHR (4). Information.fow,.but.it.is.hard.to. disseminate information to other. (5). What.mechanism.to.push.ASEAN. member states to apply human rights.standards,.i.e..court,.or.law. on freedom of expression that can beneft all the member states (2 countries adopted access to information.law)? (6). How.Inter-American.commission. deal.or.confict.with.national. human.rights.institution?.how. the regional mechanism can intervene issues at the national level? (7). Can.make.more.advocacy.to. spread it out to other sub-region, or.ASIAN.HR.Commission.taking. the strengthening of AICHR. 10 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy plenaRy 2: CROss-ReGIOnal aDvOCaCy aGenDa In sTRenGTHenInG Human RIGHTs sysTems: meanInG, InDICaTORs anD bases (eaCH speakeR sHOulD RepResenT One Case sTuDy) This plenary was moderated by mr. kuol panha, executive director of COmfRel. He highlighted that this session would focus on (1) CsO participation /space; (2) Complementarity of regional human rights with national system (conformity of regional convention to national law); and (3) efforts to establish or pursue a regional convention speaker:. Ms.. Viviana. Krsticevic,. Executive. Director.of.Center.for.Justice.and.International. Law.(CEJIL)..(the.video.could.not.work) speaker:. Ms.. Yuyun. Wahyuningrum,. Senior. Advisor.on.ASEAN.and.Human.Rights,.HRWG. Indonesia. Her. full. presentation. was. shown,. and. below. was.key.points.were.raised.during.her..speech. Human.rights.in.ASEAN.come.from . Engagement.among.civil.society; . Interaction. between. national,. regional. and international actors; national opening contributing to regional openness; Human rights mechanism established in the region Advocacy agenda by civil society 3 Cs Convention . Commission:.ACWC,.AICHR,.ACMW Court So. it. is. important. for. the. civil. society. to. look. into these aspects. Strategies to bring AICHR to be: accountable transparent independent responsive; . regional.networking,.at.the.regional.level,. national. level. (training,. workshops). in. bringing understanding among peoples; lot of complaints that many people do not understand these human rights; engage to the offcials of the member states defnition for human rights mechanism that we.want;.NGOs.have.worked.with.ASEAN. Secretariat,. offcials. and. the. UN.. with. regard.to.ASEAN.mechanism; . work.with.the.national.secretariat,.getting. involved. with. them,. i.e.. in. Indonesia. to. push for national selection process of representative of AICHR through national secretariat. It gives precedence to other 11 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy practice. in. other. countries. in. Thailand. and. the. Philippines.. This. will. give. best. practices.to.others..We.engage.with.both. national level and regional level to build up.the.efforts..During.the.engagement,.we. can build trust among them. . Element.of.3.Cs.infuence: priority; standard setting agenda setting; infuencing on the process opinion building crossing over from civil society to be government offcial; Representative (Rafendi and Sriphapha). in. AICHR. help. us. to. keep. pushing issues and discourses on human rights to be discussed; opening up, moving, expanding the space from inside-system of AICHR; . i.e..AHRD.consultation.processthere. were. chances,. different. channels. to. open. space. for. engagement. with. AICHR;. we. need. to. push. through. different.ways.in.order.to.make.AICHR. work.and.talk.to.us,.including.the.boss. of AICHR (foreign ministers); Current initiatives: -. ACSC/APF -. APF.on.AICHR; -. Venue:.ASEAN.ministerial.meeting,. informal meeting (interface meeting),. dialogues. with. ASEAN. S-G,. with. CPRs. (i.e.. ASEAN. SG. meeting. with. civil. society,. with. other CPRs participation in the meeting); -. working. formality:. formal. versus. informal; -. ASEAN.ambassadors.want.to.have. kinds.of.informal.meeting.with.civil. society, not only focus on human rights, but on other issues.. -. Status. of. engagement. with. HR. mechanism: . some. changes. from. listening. to civil society not affliated with.ASEAN; . engagement. with. HRWG:. informal.dinner.with.ACWC; . formal. sessions. have. increased the number of the members. of. ACWC. or. AICHR. to.meet.with.civil.society; . ToR.and.its.timelines . need. review. ToR,. and. it. will. be. reviewed. under. chairmanship of Myanmar; it be good or bad in terms of.substance.of.the.ToR; -. Lessons.learnt: . Civil.society.has.played.critical. role. in. making. AICHR. as. it. is. move active; . sectoral. bodies. bring. civil. society to their meetings; Challenges: . government. control. of. civil. societys. gathering and movement; . AICHR. establishes. many. tasks. force. on. LGBT,.migrant.workers,.IPs..; change can happen from outside and inside the system; the more civil society in, the more transparent system is; What.to.do.next: . new. composition. of. AICHR. can. be. (good. or bad); . 2014:. review. of. ToR,. we. can. add. more. new. mandate. (by. interpreting. the. declaration.) but cannot separate depending on the independence of the AICHR) . ASEAN.Charter.view.in.2013. . AICHR. will. be. working. on. the. Convention. on. Human. Right. (legally. binding)what. can.we.do.and.prepare; more funding on human rights system (regional character); . AICHR.Secretariat.will.be.set.up.under.the. supervision. by. ASEAN. Secretariat. (how. can.we.react.to.this,.as.it.is.still.uncertain); African system is even beyond the mandates: private session, offcial meeting or informal; civil society can observe the session through the sending to the commissioner;.the.way.the.commissioner. interpret its mandate; . AICHR. wants. to. replace. the. word. investigation/. fact. fnding. mission,. but. study AICHR: . legal.advice.by.AICHR.to.other.ASEAN. sectoral bodies on human rights; . building.trusts.with.diplomats; . general. attitude. to. respect. what. we. want. to. say,. and. the. institution,. selection of languages; 12 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy Group discussion: In.the.afternoon,.there.were.three.groups.divided.to.discuss.on.the.following.in.order.for.coming.up.a.joint. statement.on.the.second.day.of.the.workshop.. Group 1: focus on Group 2: Group 3: . standard.setting; . institutional.building; . AICHR.mandates . human.rights.priorities/ discusses What.would.be.the.role.of.civil. society? Standard setting: . how.can.collectively.react.the. adoption of AHRD . how.we.can.interpret.AHRD . how.we.can.use.AHRD.to. advance.our.advocacy? . more.standard.setting. exercise? . review.ToR . Review.of.ASEAN.Charter . Alignment.with.the.existing. standards.(women,.children,. terrorism.); Institutional building: . AICHR.secretariat; . New.composition.of.AICHR. representative, need a performance of AICHR . Alignment.with.other.ACWC. and other organs The.implementation.of.AICHR. mandate to be pushed in the next 3 years Question.&.Answer: . TOR.review:.3.things.within.three.years.AICHR: . 9.2..state.member.requests.for.amendment; . 9.6..review.of.AICH.after.fve.years AICHR should focus on protection rather than promotion; interpretation, representative to be selected rather appointed to be more open; not representative but commissioner (based on the competence); . ASEAN.Secretariat:.should.not.be.guided.under.the.of.deputy.secretary-general,.directly. link.with.ASEAN.Secretary,.in.mainstreaming.(authority) OIC has commission on human rights, based on competence ; promoting human rights of the member states; . How. does. Indonesian. government. consider. open. process. of. selection. would. contribute. to. selection.of.AICHR.representative? . A:. Selection. by. independent. selection. committee;. Indonesian. Ministry. of. Foreign. affairs. created. a. panel. of. selection. (Ministry,. Journalist,. NHRI);. the. Philippine. appointee;. in. Singapore,.the.cabinet.decided.who.will.be.representative;.Indonesian.delegate.to.be.open. and.transparent.process.for.AICHR.representative..In.ToR,.selection.is.based.on.the.national. context;.Indonesia.was.committed.to.have.independent.representative;.in.Thailand,.published. the.announcement.on.the.AICHR;..the.context.of.Indonesia.at.the.time.was.democratic,.same. practice.for.other.commissioners.in.other.ASEAN.commissions;.building.trust.with.champion;. civil.societys.activism.(democratic.country.character);.commitment.from.the.government led to open selection of AICHR representative; . From.Vietnam:.Vietnam.try.to.have.workshop.with.foreign.ministry.on.human.rights; . Concept.of.human.rights.is.very.important;.big.challenges.for.the.civil.society.to.deal.with.this. human.rights.issue;.how.to.make.national.law.and.regional.mechanism.together;.governments. look.at.issues.different; . Content.the.report.of.human.rights.violation.in.Vietnam.is.not.clear;.as.a.researcher;.in.fact. Vietnam has various human rights; . Victims. cannot. bring. the. cases. the. national. human. rights. mechanism. still. NGO. play. role. to. help; more education, spreading information; Each group was given time to present their fnding (refect in the statement). 13 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy Day 2 - Regional Human Rights systems: Civil society agenda for the next three years 14 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy plenaRy 4: THe lIfe afTeR THe aDOpTIOn Of aHRD moderator: mr. suon bunsak, executive secretary, CHRaC speaker: Ms.. Yuni. Chuzaifah,. Chairperson,. National. Commission. on. Violence. Against. Women,.Indonesia Below.is.the.full.presentation.prepared.by.Ms.. Yuni. Understanding.of.HR.spirit: . Basic. spirit. of. HR:. borderless. rights,. responding vulnerabilities, state obligation, all element participation. . Pillar. of. HR. mechanism:. State,. National. Human. Right. Institution. (NHRI),. CSO,. Individual/victim.accessibility; . Element. of. HR:. Convention. (norm),. Commission, Court. 1. Convention (International, regional, national), 2. Commission (independent mechanism, clear mandate), 3.. Court.(justice.and.truth). 4.. Culture. (standard. of. civilization,. shifting paradigm and attitude, sensitivity, commitment), Refection of Human Rights intervention: HR . need. to. be. translated. to. simple. and accepted understanding among state institutions and public. . HR. mechanism. required. high. civilized. state to implement . power. of. HR. are. recommendation .shaming.and.naming? State responsibility: fulfll, protect, promote extent to non-state actor: corporate and individual develop other paradigm :human responsibility (South America). Beneft of adopting HR instrument better national baseline, controlled horizontally. by. other. states. through. UPR. (Universal. Periodic. Review). and. Treaty. bodies.(Cedaw,.etc).at.United.Nations. Strategic. Interventions. to. strengthen. ASEAN. HR mechanism: Role of CSO (part 1) AICHR (Asean Intergovt Commission on HR) urgency, transparency participatory,. working. from. below. 15 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy (challenge : vulnerable group vs. state sovereignty.?). . AICHR. should. .acknowledge. . and. positioning.ACWC..(Asean.Commission.on. Women. and. Children). . correctly. avoid institutionalizing. women. subordination. at. the. institutional. /regional. mechanism. level. Asean mechanism clear role and alignment. with. international,. inter- regional, national mechanism. . Need. to. touch. crucial. issues:. . integrate. d grand design of development facing global.economic.power,. . Filling. the. gap. of. inter-regional. HR. mechanism .Middle.East?.China? . Need.people.to.people.solidarity..In.Asean. and.wider.solidarities.. Push each country to have strong and independent. NHRI. (national. Human. Right. Institution):. Not. all. Asean. members. have. NHRI,. only. Indonesia. (has. 3. Institutions),. Philippines,.Thailand,.Malaysia,.Myanmar.. Strategic role of CSO (part 2) . Submit. . shadow. report. . to. . national,. regional (study) and international HR mechanism . ADHR. +. conventions. and. others?:. below. standard. of. International. instrument. ?. Open.possibility.to.revise? Push each country to ratify international conventions:. ICCPR,. Ecosoc,. Cedaw. (women),. CRC. (children),. CAT. (torture),. CERD. (Racial. discrimination),. Migrant. 90,. CRPD (Disability), etc push optional protocol. . Encourage. state. and. all. element. to. use. international mechanism as basic of legal/policy/point. of. view. for. national. HR. standard . Actively. giving. input. to. AICHR-ACWC. and others, to adopt CSO input: ADHR, Convention, mechanism, etc. Push state members to open transparency and participatory process for the selection of AICHR representative, open process for public consultation and accountability. Why. strong. and. independent. NHRI. is. important? . Background:. . current. development. of modern state 4 th element after executive,. judicative,. legislative. +. auditive/correctional. system). reduce state authoritarianism, direct intervention (NHRI. is. state. institution),. . . proactive. approach. . NHRI.mandates.:. - Monitoring HR violations and policies produce. report. /data. for. policy. making. process (state cannot monitor themselves) - Correctional system : produce recommendation (based on fndings and data) to reform legal-policy - Public participation: raising public awareness,. bridger. CSO. and. state. institutions. - Strengthen HR mechanism: adoption HR instrument, strengthen local-national- regional-international mechanism and alignment. Translating.alignment.between.HR.mechanism. (national-regional-international):. Experience. of.Komnas.Perempuan.as.NHRI.(part.1) . Monitoring. . and. reporting:. annual. year. report.on.VAW,.HR.violation.(women.in.the. context.of.confict,.discriminatory.bylaws,. etc) . submit. . independent. report. to. UN. mechanism through public consultation with. CSO. and. state. (basic. for. list. of. question.of.the.UN.committee) . Strengthen. international. and. regional. mechanism : expert meeting to produce document. on. alignment. between. HR. mechanism. horizontally. and. vertically,. giving. input. on. Asean. /. UN. document. ,. facilitating.UN.mission.to.the.state,.giving. criteria. for. the. selection. /nomination. of. representative. . Cross. fertilization. /strengthening. among. NHRI. s:. Timor. Leste. on. VAW. bill,. NHRI. Myanmar,. Asian. women. commission. (on. cultural rights), etc. . Set. up. alignment. among. National. NHRI. in Indonesia . National. HR. assembly. (Sidang. HAM):. NHRI. fnding. report,. fnd. participatory. solution. with. CSO,. victim, state, regional and international mechanism). . Etc. Important. interventions. through. women. HR. mechanism (part 2) 1.. Increase. public. awareness. that. womens. rights are human rights and all form of violence.against.women.are.human.rights. violation. 2. Strengthen efforts to promote survivors 16 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy rights physical, psychological recovery and rehabilitation 3. Advocate policy and legal reform at legislative,.judicative.and.executive. 4.. Conduct..monitoring,.reviews.and.research. on HR violation (esp. violence against women.). policy, religion, culture 5. Strengthen Human right mechanism Build an independent, democratic and credible. institution. as. National. Humans. right mechanism, strengthen regional and international mechanism. Best Practices from other countries . NHRI.set.up.basic.principle.and.mechanism. of..regional.mechanism.(Europe) . Join. monitoring. between. International. mechanism. with. regional. mechanism. (on. women.issue). inter America. . International. mechanism. as. national. priority : participatory process to report national.inquiry.(Australia) . Power. of. optional. protocol. on. individual. complain : migrant individual report attract attention.from.UN.(Denmark) . etc Prediction. of. Norms-Convention. in. Asean:. Conventions 1.. Critical. point. of. view. on. development. and. HR. in. ASEAN:. from. women. perspective 2. Behind the development in Asean and HR.issues:.List.of.vulnerable.groups. 3.. VAW:. Komnas. Perempuan. Report. on. Indonesia Critical.point.of.view.on.development.and.HR. in.ASEAN:.from.women.perspective . Development. policy. is. less. integrating. Human right principles focus on economic, politic and legal minded. . HR. implementation:. perceived. as. an. executive responsibility (less involvement from. judicative. and. legislative),. no. concrete. follow. up. from. . ratifed. international conventions, no serious follow.up.from.UN.recommendation. . Democracy. does. not. automatically. bring. better. life. for. women. real example of Indonesia regional autonomy has different. impact. to. women. After reformation up to March 2012 ; 207 discriminatory. bylaws,. copy. paste. from. other.regions,.excluding.women.and.other. minority. groups. in. the. making. process,. targeting. women. as. marker. . identity. and. morality symbol (Komnas Perempuan fndings) Increasing religious fundamentalism . Development. design. does. not. put. VAW. as an important aspect Poverty invites VAW. (violence. against. women). some perpetrators. are. jobless,. forced. young. marriage,. . vulnerable. to. be. traffcked,. forced migration multiple impact, transferred to multi generations, no appropriate. services/shelter,. lack. of. access.to.justice Behind the development in Asean and HR issues:.List.of.vulnerable.groups . Vulnerable. worker:. Migrant. workers. (death.row,.bad.conditions,.sexual.abuses,. unwanted. pregnancy,. lot. of. orphans),.. Domestic. workers:. . (RI. data. from. Jala. PRT.in.2007-2011:..726.violence.cases.in.,. 536.unpaid,.wages.:.20-30.USD/per.month),. sex.workers,.factory.workers/outsourcing,. traffcking,.etc. . Peace. and. transitional. justice. :. Women. in the context of confict-post confict : Domestic violence increase during post confict. . Indigenous. people/women. (natural. resources confict, etc) . Discrimination. . and. VAW. in. the. context. of culture and religion morality and identity . discriminatory. bylaws,. discrimination against minorities ( gender, religion, culture, sexual orientation) . Women. with. disability. :. access. of. livelihood,.forced.sterilization,.VAW,.etc VAW:.Komnas.Perempuan.Report.on.Indonesia . No.Asean.data.on.VAW..UNFPA.(August. 2012) supported initiative to collect statistic. data. on. VAW. (Violence. Against. Women).in.Asean. . Indonesia. :. Data. of. VAW. from. NHRI. Komnas Perempuan : 105.103 cases (2010), 119.107.(2011).. . More.than.95.%.are.domestic.VAW..(wives) . 1.405. :. . VAW. in. intimate. relationship. (mostly teenagers) . 71.%.out.of.91.thousands.sexual.violence. happened.at.domestic.spaces.(1998-2010) . 69. %. perpetrators. are. family. members/ close relations 17 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy Convention.on.Women? . All.Asean.ratifed.Cedaw . Women.are.crucial.issues. . Cedaw. not. well. implemented. since. no. sanction/punishment. . Worried..less.common.ground/common. understanding. about. gender. justice. among. policy. makers/representatives. of. state members .potentially.will.produce. lower.standard. Supplement. 1:. CEDAW. long struggle to negotiate.womens.basic.rights . 1919:. . Struggle. for. pregnancy. . protection. (from.women.workers) . 1921.:.struggle.for.anti-traffcking . 1933.:.Convention.anti.traffcking . 1946.:.Equal.political.rights . 1948.:.Universal.Human.Right.Declaration . 1949.:.Commission.Status.of.Women . 1949.:.Draft.of.Convention.on.women . 1951.:.ILO:.equal.wages . 1952.:.Women.political.rights Cedaw...(part.2) . 1956:.abolishing.slavery . 1957:.citizenship.-.marriage.status . 1960.:.Education . 1962:.Marriage.:.minimum.age.and. registration . 1974:.Declaration.on.protection.in.the. context of confict. . 1975:.Mexico.declaration . 1979:.Adoption.of.CEDAW. . 1981:.CEDAW. effective . 2000:.Optional.protocol.(individual. complain) speaker: Mr. Ian Seiderman, Senior legal and policy director, International Commission of Jurists.(ICJ). Mr. Seiderman provided his perspective on how. to. strengthen. human. rights. system. in. immediate. and. long. term,. with. a. particular. lesson. learned. from. the. United. Nations. human.rights.system..He.described.what.has. been. done. at. the. UN. level. in. regard. to. the. promotion, protection of human rights in the member.states..There.are.a.lot.of.mechanisms. were. established. known. as. mechanisms. established under each human rights treaty and.the.UN.charter..Apart.from.these.systems,. it contains also, the special procedure that can. keep. closer. monitoring. of. human. rights. situation and record for each member state of. the. UN,. and. for. some. particular. countries. under this special procedure regime. With. regard. to. ASEAN. context,. he. noticed. with.the.signifcant.development.of.the.focus. on human rights in the region through the establishment of AICHR, and the attempt to adopt an AHRD in the coming month. On this note,. he. made. the. following. suggestions. for. improving. the. work. AICHR. as. sub-regional. human. rights. body. for. ASEAN,. with. the. procedures.and.lessons.learnt.at.the.UN.level: - Should the member states consider to develop special procedures for independent experts (for an immediate term) to do reports on human rights situation.in.member.states.to.AICHR...This. mechanism can also provide technical advice. and. assistance. (with. depth. assessment, transparency) to AICHR to fulfll its mandate more effectively; -. Create. a. system. in. which. AICHR. can. receive individual complaints from the victims.within.the.territories.of.the.ASEAN. member states, so that AICHR can then intervene.or.take.any.necessary.measures. on those reporting issues; - AICHR should have a political function that. is. a. kind. of. political. response. to. the. situation; - AICHR can play role in time of state of emergency; -. Networking. (from. civil. society,. national. institutions) by AICHR to conduct regular.meeting.(i.e..annual.session).with. these. stakeholders. to. update. and. learn. from each other strengths; 18 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy speaker: Ms..Glenda.Litong,.the.Philippines Her. full. presentation. was. shown. in. the. workshop. I. The International system to prevent Genocide/Crimes against Humanity Sources.of.International.Law: . Primary sources: . Customary. international. law. created. by a general and consistent practice of. a. state. in. conformity. with. its. perceived obligations. prohibits genocide and crimes against humanity, including rape and sexual violence International agreements have contributed to the international formation of the legal system. Aside from specifcity relating to obligations, they create legal institutions. . International. Organizations. like. UN. Security Council . Secondary sources: . National.views . Judicial.opinions . Bodies.of.International.Law: . International.Criminal.Law . International.Humanitarian.Law . International.Human.Rights.Law . International.Criminal.Law Int'l system uses criminal sanctions to discourage retribution, discredit and. neutralize. dangerous. leaders,. in. addition to deterring commission of a crime. Also a system of rules based on treaty or custom. Int'l criminal system has become a speCIal sessIOn 1: WHaT Is THe ROle Of ReGIOnal Human RIGHTs sysTems In pRevenTInG GenOCIDe? Can ReGIOnal Human RIGHTs InTeRvene OR paRTICIpaTe In Cases Of GenOCIDe, CRImes aGaInsT HumanITy? moderator: mr. nay vanda, Deputy Head of aDHOCs monitoring section fInalIzaTIOn Of THe sTaTemenT please see THe sTaTemenT In THe annex Of THIs RepORT. 19 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy tool. for. wider. enforcement. of. peace. and to end impunity. . Crimes. created. by. international. law. and prosecuted by int'l tribunals. But is also site of political disputes. Institutional arrangements: Genocide Convention (no body to monitor), Rome Statute and the ICC, concept of universal.jurisdiction . International.Humanitarian.Law.or.Law.of. War by treaty or custom, specifcally intended to solve humanitarian problems directly arising from international or non-international armed conficts. . protect.persons.who.do.not,.or.are.no. longer.taking.part.in.hostilities.(article. 3 common to the Geneva Conventions and Protocol II) and civilians through rules on the conduct of hostilities by limiting the rights of the parties to a confict to use methods and means of warfare.of.their.choice.. . International. Humanitarian. Law. or. Law.of.War Individual criminal responsibility for "grave breaches" of the Geneva Conventions and of Additional Protocol I, and for other serious violations of the. laws. and. customs. of. war. (war. crimes). State responsibility on the same basis as individual responsibility Institutional arrangements: Geneva Conventions and Additional Protocols, universal. jurisdiction,. Ad. Hoc. Tribunals,.ICC.(for.war.crimes). . International.Humanitarian.Law.or.Law.of. War States have a duty to: . Undertake. best. efforts. to. prevent. acts: legal and practical measures . both. in. peacetime. and. in. armed. confict.situations..aimed.at.ensuring. full. compliance. with. IHL,. including. preventing.and.punishing.war.crimes,. through the enactment of penal legislation; applying fundamental and. judicial. guarantees;. and. training. personnel.qualifed.in.IHL. . Cooperate.in.the.prosecution;.like.handing. over accused, extradition . States have collective responsibility under article 1 common to the Geneva Conventions to respect and to ensure respect for the Conventions in all circumstances . International.Human.Rights.Law . by.treaty.or.custom,.on.the.basis.of.which. individuals.and.groups.can.expect.and/or. claim certain behaviour or benefts from governments. . provides for individual criminal responsibility for violations that may constitute international crimes, such as genocide, crimes against humanity and torture.. These. crimes. are. also. subject. to. universal.jurisdiction.. . tailored primarily for peacetime, applies to all persons. . International.Human.Rights.Law . States have duty to implement rules, include enacting criminal legislation to outlaw.and.repress.acts.prohibited.under. IHRL. treaties,. or. providing. for. a. remedy. before domestic courts for violations of specifc rights and ensuring that the remedy is effective. . Supervisory system consists of bodies established. either. by. the. United. Nations. Charter.or.by.the.main.IHRL.treaties.. . Regional human rights courts and commissions:. distinct. feature. of. IHRL,. with.no.equivalent.in.IHL.and.ICL.. II. asean Context Ongoing. regional. effort. to. institutionalize. an. ASEAN.HR.system. . But part of an international community governed.by.international.law. Genocide Convention: 140 countries, all.ASEAN.except.Thailand,.Indonesia,. Brunei,. but. mostly. with. reservations. on immunity against prosecutions Geneva Conventions: All countries, including.ASEAN.countries . Rome. Statute:. 121. countries,. ASEAN:. Only Cambodia, Philippines Pertinent. ASEAN. Charter. provisions:. Art.. 2,. sec. a. respect for the independence, sovereignty, equality,. territorial. integrity. ad. national. identity.of.all.ASEAN.member.States; b. shared commitment and collective responsibility in enhancing regional peace 20 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy security and prosperity; c. renunciation of aggression and of the threat or use of force or other actions in any.manner.inconsistent.with.international. law; e. non-interference in the internal affairs of ASEAN.Member.States f. respect for the right of every Member State to lead its national existence free from external interference, subversion and coercion; i. respect for fundamental freedoms, the promotion and protection of human rights and.the.promotion.of.social.justice; j... upholding.the.UN.Charter.and.international. law,. including. IHL,. subscribed. to. by. ASEAN.Member.States; III. Defnitions A. Genocide: Genocide Convention . (adopted.1948;.entered.into.force.1951) 1... Commission.of.the.following.acts:. (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inficting on the group conditions of life calculated to bring about its physical destruction in.whole.or.in.part; (d) Imposing measures intended to prevent.births.within.the.group; (e). Forcibly. transferring. children. of. the group to another group. 2.. Commission.with.intent.to.destroy 3.. To.destroy.a.particular.group.as.such,. in.whole.or.in.part.a.national,.ethnical,. racial or religious group A. Genocide: Rome Statute (entered into force 2002) . any. of. the. following. acts. committed. with. intent. to. destroy,. in. whole. or. in. part,. a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inficting on the group conditions of life calculated to bring about.its.physical.destruction.in.whole. or in part; (d) Imposing measures intended to prevent.births.within.the.group;. (e). Forcibly. transferring. children. of. the. group to another group. B. Crimes Against Humanity: Rome Statute (entered into force 2002) . any.of.the.following.acts.when.committed. as. part. of. a. widespread. or. systematic. attack. directed. against. any. civilian. population,.with.knowledge.of.the.attack: (a) Murder; (b). Extermination; (c). Enslavement;. (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international.law; (f). Torture; Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced. sterilization,. or. any. other. form of sexual violence of comparable gravity; (h) Persecution against any identifable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defned in paragraph 3, or other grounds that are universally recognized. as. impermissible. under. international. law,. in. connection. with. any act referred to in this paragraph or.any.crime.within.the.jurisdiction.of. the Court; (i). Enforced.disappearance.of.persons; (j). The.crime.of.apartheid;. (k). Other. inhumane. acts. of. a. similar. character intentionally causing great suffering,. or. serious. injury. to. body. or. to mental or physical health. C. Rape and Sexual Violence: Historical:.Jurisprudence.shows.that.rape.and. gender violence can constitute crimes against humanity,. war. crimes,. grave. breaches. of. the. Geneva Conventions, torture and genocide. International.Humanitarian.Law: - Prosecutor. v.. Furundzija. (ICTR): prohibition of rape evolved in customary.international.law -. Rape/sexual.violence.rises.to.the.level. of.a.war.crime.when.it.is.used.as.part. of military strategy of ethnic cleansing or. is. used. to. terrorize,. torture. or. displace a population 21 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy - Or Crimes Against Humanity: inhumane acts committed against any civilian population -. prohibition. of. outrages. against. personal.dignity.laid.down.in.common. Art. 3, Geneva Conventions As Genocide -. if.committed.with.the.specifc.intent.to. destroy,.in.whole.or.in.part,.a.particular. group as such As Crime Against Humanity -. committed.as.part.of.a.widespread.or. systematic.attack.and.not.as.a.random. inhumane act Sexual. violence,. as. other. inhuman. acts. prongs of crimes against humanity if the conduct constituting the alleged sexual violence is of comparable seriousness to other enumerated crimes against humanity. IV. Observations Can. an. ASEAN. regional. HR. system. prevent. genocide/crime.against.humanity? - History of atrocities is a predictor of future atrocities. -. No.genocidal.destiny.that.irrevocably. threatens any specifc ethnic groups or.region.of.the.world. -. While. immediate. escalation. of. mass. violence.can.be.quite.rapid,.precedent. sequence. of. events. is. generally. gradual. and. profles. adequate. warning. If genocide or a crime against humanity occurs.in.ASEAN,.what.can.be.done? - Had to rely on the mechanisms provided.by.international.law. -. ICC. would. be. a. venue,. but. needs. to. be. a. State. Party. (only. Cambodia/ Philippines) -. Ad.Hoc.Tribunals.created.by.UNSC -. Universal.jurisdiction. . under. Genocide. Convention. but. issue of reservations . under. IHL. as. grave. breaches. of. GC,.but.then.where.to.fle -. IHRL:.supervisory.bodies -. Advocacy. re. ASEAN. HR. system:. need. to. take. into. account. existing. jurisprudence;. growing. regional. HR. jurisprudence.on.IHL/ICL.concerns.by. regional. HR. courts;. ASEAN. charter. which.mandates.IHL.and.international. law. commitments. and. adherence. to. customary. law;. recognition. of. vulnerable groups. speaker: Prof.. David. Cohen,. Director. War. Crimes.Studies.Center,.U.C..Berkeley
Prof. Cohen started his comment by introducing the concept of genocide as serious crime under the international criminal law. and. how. it. is. necessary. to. preventing. crimes of genocide. He cited some examples in the context of African Human Rights Commission. as. he. observed. that. we. can. fnd. on. the. website. about. human. rights. issues. and. concerns. in. Africa,. but. we. dont. fnd. the. confict that produce mass atrocities in Africa. Both genocide and crimes of humanity are forms. as. serious. international. crimes.. The. current confict happening in the Democratic of the Congo has demonstrated a number of. serious. crimes. happening. including. war. crimes and crimes against humanity. In. the. international. context,. we. have. so. far. seen. a. lot. of. working. groups. on. a. number. of. serious. issues,. but. not. yet. the. working. group. on. prevention. of. genocide,. which. is. recommendable to be initiated and started considering.. At. the. UN. level,. even. the. Human.Rights.body.has.not.been.empowered. or resources necessary to prevent such atrocities.. There. are. actually. many. types. of. prevention. mechanism. with. the. political. will. is. needed. including. a. political. will. to. impose. sanction on state committing crimes, or creating a tribunal and investigation of crimes that are happening. He raised another example in.former.Yugoslavia,.Rwandaboth.of.which. crimes. were. happening,. but. however,. the. political. will. came. later. that. was. why. crimes. existed,.and.then.we.could.not.prevent.those. 22 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy crimes from being committed. He stressed that impunity is enemy of prevention. And to bring someone committing serious crimes with. individual. accountability. is. through. the. tribunal.not.the.human.rights.body.as.it.has.now. power.to.impose.any.criminal.responsibility.to. the.persons.involved..For.example,.the.Human. Rights. courts. in. Europe. or. in. African. still. cannot hold individuals accountable for crimes they. committed.. Therefore,. according. to. his. opinion, prevention is based on (1) individual; (2) state and (3) international community. With. regard. to. ASEAN. context,. he. believed. that the accountability and prosecution of serious crimes at the national level is more meaningful than at the regional or international level.. He. said. that. in. ASEAN,. most. member. states are not yet as states parties of the ICC. On. the. regional. mechanism. in. ASEAN,. he. said that the role of AICHR can be an actor of prevention of genocide or other types of serious human rights violations unless it is an. independent. body. to. perform. the. job. and. mandate..It.is.required.also.to.look.at.laws.and. human rights institution at the member state level,. it. would. then. be. better. to. talk. about. prevention, and then the accountability. Q & A: - Killing in Argentina, the Inter-American body intervened; -. Role.of.human.rights.body?. - Intervention and prevention Question.&.Answer: - Killing in Argentina, the Inter-American body intervened; -. Role.of.human.rights.body?. - Intervention and prevention 23 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy speCIal sessIOn 2: lessOns leaRnT fROm CambODIa On HOW TO Deal WITH THe pasT Human RIGHTs vIOlaTIOns: exTRaORDInaRy CHambeRs In THe COuRTs Of CambODIa (eCCC) This special session was presented in order to share how Cambodia address the past human rights violation through a criminal prosecution known as the eCCC. This special session was moderated by mr. kyaw lin Oo, from myanmar. speaker:.Mr..Neth.Pheaktra,.Press.Offcer,. ECCC. Topic:.An.overview.of.the.ECCC.and.its. current.works PICUTRE 14 Before.presenting.his.speech.about.the.ECCC,. he. started. with. an. outreach. video. explaining. about. this. tribunal.. Then. Mr.. Pheaktra. explained. that. the. ECCC. is. a. hybrid. tribunal. established to bring to trials the senior leaders and the most responsible for the crimes and serious human rights violations committed during the Democratic Kampuchea (Khmer Rouge.regime).in.the.period.of.17.April.1975.to. 6. January. 1979.. This. tribunal. was. created. by. an.Agreement.between.the.Royal.Government. of. Cambodia. and. the. United. Nations. in. 2003.. Then. a. Law. on. establishment. of. the. tribunal. was. also. created. in. 2004.. It. composes. of. majority. of. national. judicial. offcials. and. international offcials and staffs. He said that it came to function in mid-2006, and. when. the. Co-prosecutors. submitted. the. frst. submissions. under. which. fve. accused. were. named. in. July. 2007. to. the. Offce. of. Co-Investigating. Judges.. Unlike. other international criminal tribunals such as. those. in. the. former. Yugoslavia. (ICTY),. in. Rwanda. (ICTR),. Sierra. Leone. (SCSL),. or. the. International. Criminal. Court. (ICC),. the. ECCC. functions. based. on. the. Cambodian. civil. law. system. which. is. rooted. from. the. French. civil. law. tradition.. However,. the. main. procedural. laws. and. international. jurisprudence. are. complemented.to.the.Cambodian.law.. This. tribunal. has. the. mandate. to. fnd. justice. 24 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy for. the. serious. crimes. including. war. crimes,. crimes against humanity and genocide committed under the leadership of the Khmer. Rouge. regime.. The. Press. Offcer. told. that. the. ECCC. is. the. only. hope. and. criminal. prosecution.for.those.who.committed.serious. crimes and to bring them accountable of crimes. under. which. they. charged. and. then. convicted..Through.this.trial,.we.expect.to.(1). send.a.message.to.any.world.leaders.that.he. or. she. or. they. will. be. criminalized. of. crimes. under. which. they. would. have. committed. although the time has passed for a long time (more than 30 years for the Case of the Khmer Rouge);.(2)..deliver.justice.for.the.victims.who. have. been. waiting. for. more. than. 30. years;. (3) end impunity of the past human rights violations and crimes; (4) a model for domestic judicial. and. legal. reform;. and. (5). contribute. to the national reconciliation. Currently, the are. two. cases;. Case. 001. against. Duch. was. already completed and the charged person was.convicted.to.life.imprisonment;.and.Case. 002 consists of 3 accused (former president of peoples.assembly.Nuon.Chea,.former.deputy. prime minister and minister of foreign affairs Ieng Sary, and former head of presidium Khieu. Samphan). while. former. social. action. minister.was.temporarily.released.on.bail.due. to her unftness to stand trial (of her serious psychological. illness).. The. Case. 002. has. been. putting. on. trials.. The. other. two. cases. (003 and 004) have not fnally concluded by the. Co-investigating. judges.. Presently,. there. are approximately 16,000 people visiting and seeking. on. the. understanding. of. the. ECCC. proceeding. speaker:. Mr.. Long. Panhavuth,. Program. Offcer,.Cambodia.Justice.Initiative.(CJI) Topic:. How. the. hybrid. tribunal. address. the. past human rights violation, and its challenges PICUTRE 15 Mr. Panhavuth provided his insight from a long-standing. court. monitor. from. CJI-. NGO.. Below.is.an.extract.of.his.presentation.during. the.workshop. Goal of the tribunal: - Condemnation of the crimes committed during the Khmer Rouge time and dealing with.the.past; -. Promoting. justice. and. peace. insider. the. country; - Creating a historical record (through evidence,. hearings,. witnesses. testimonies.); -. Fulflling. the. diverse. expectations. from. the people, particularly the victims of the crimes; -. Contributing. to. the. national. judiciary. (legacy of the court); -. Seeking.the.truth; Short comings: -. Limited. scoped. for. crimes. based. to. be. investigated by the Co-Investigating judges.on.a.number.of.cases; -. Only. deal. with. the. senior. leaders. the. regime and the most responsible person for. the. crimes. committed;. which. made. a. large portion of people unhappy about this limited.jurisdiction; -. Politicization. of. cases. (Case. 003. and. 004). which.might.affect.the.legitimacy.or.a.fair. trial process; -. How.to.transfer.the.legacy.of.the.tribunal. to the national level; - Creating trust and confdence (because of different standards); -. Dual. system. (i.e.. Cambodian. and. UN. management). which. somehow. left. some. issues unresolved properly; -. No.unifed.spokesperson.who.can.publicly. bring the information about the court to the public.(at.the.moment.we.have.the.courts. national. spokesperson. and. international. one); -. Lacking. constituency. support. if. the. court. does not fulfll its mandate properly, for example. the. reparations. projects. to. the. victims; - Short funding to continuously support the work.of.the.court; - Creating a lot of unlimited expectations among. the. public,. and. how. to. deal. with. those expectations in practice; The. speaker. concluded. that. despite. a. lot. of. 25 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy challenges. facing,. a. hybrid. tribunal. like. the. ECCC. is. the. only. way. to. deal. with. the. past. human.rights.abuses.as.it.will.not.cost.so.much. money. (cheap);. with. clear. timeframe. to. fulfll. its.mandate..Or.otherwise,.these.crimes.would. be.left.unsettle.and.impunity.would.continue.to. exist. He said this criminal prosecution in the end. provided. a. lesson. learned. not. only. with. Cambodian. context. but. also. for. the. ASEAN. region. as. well.. He. draw. another. lesson. learnt that the existence of the tribunal in the place. where. the. crimes. had. occurred. would. attracted.a.lot.of.support.from.the.majority.of. victims,.and.the.public.as.it.would.contributes. to.the.historical.record.of.what.had.happened;. it. was. easily. to. investigate;. it. allowed. the. victims.who.suffered.the.crimes.to.participate. in the criminal proceedings. speaker:. Mr.. Hisham. Mousar,. Project. Coordinator,. Royal. University. of. Law. and. Economics Topic:. Academic. view. of. the. ECCC. in. addressing serious crimes and its contribution to.international.law.development PICUTRE 16 Being experienced in the closed monitoring of. the. ECCC,. and. a. professor. of. international. law,. Mr.. Mousar,. felt. very. supportive. to. the. establishment. of. the. ECCC. in. Cambodia.. He. said. this. tribunal. was. so. signifcant. for. the Cambodian people; academies inside Cambodia and outside international legal community.at.large..The.operation.at.the.ECCC. is another contribution to the development of. international. criminal. law,. particularly. a. new. feature. of. victims. participating. as. civil. partiesa. legal. theory. derived. from. the Cambodian criminal procedure code and. rooted. from. the. French. criminal. law. system. He said about the role of international relations. that. bring. the. relations. between. states. and. states,. and. therefore. will. be. a. source. for. broadening. up. the. modernization. of.the.domestic.law.including.Cambodian.civil. law.systemcurrently.applied.at.the.national. level. and. at. the. ECCC.. Professor. Mousar. told that legacy of this tribunal can be not only for the Cambodian society, but for the international. level;. and/or. the. international. law.theory.development.. He. stressed. that. the. ECCC. has. dealt. with. international. crimes. within. the. context. of. international. criminal. law. known. as:. crimes. against. humanity,. war. crimes. and. genocide.. The.Chambers.at.the.ECCC.have.applied.these. crimes and charged the Accused being on trial.. In. the. end,. the. judgments. handed. down. by. the. ECCC. will. become. jurisprudence. for. other. like-minded. tribunals. and. Cambodian. national.court.to.follow,.and.to.learn.from..For. this.he.said,.it.would.be.a.good.idea.for.ASEAN. to consider in the future of mainstreaming its. various. legal. framework. to. deal. with. international crimes, either in form of a human rights.court.or.the.work.of.the.AICHR.to.further. elaborate. such. initiative.. Those. crimes. are. crimes.within.the.jurisdictions.of.the.member. states. of. ASEAN,. however,. in. so. far. only. the. Philippines and Cambodia have ratifed the Rome. Statute. which. give. another. venue. for. addressing serious crimes before the ICC. In the end of his note, he called on the civil society play and academies to play more substantive. and. supportive. roles. in. making. sure. the. past. human. rights. abuses. wherever. it occurred inside the member states of ASEAN. shall. be. placed. as. a. priority. to. call. for the government of that state or AICHR to intervene.or.even.take.necessary.measure.to. prevent and stop. Question.&.Answer: -. Why.do.we.a.need.such.a.court. to.address.the.violations? -. What.are.lessons.learnt.from. Cambodia? - Impunity is a long struggle; but are.there.any.lessons.learnt? 26 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy Mr.. Rafendi. Djamin,. as. an. Executive. Director. of.HRWG Mr.. Djamin. expressed. his. impression. at. the. last. session. that,. . this. 2nd. workshop. showed. on. how. the. CSOs. thought. about. its. roles. and. strategies. as. well. as. their. refection. about. the. work. of. ASEAN. in. general. and. AICHR. in. particular, a body that is established to deal with.human.rights.issues.in.the.ASEAN.region.. He said that based on the current mandate, AICHR has limited mandate to better protect human. rights. that. is. why. we. need. to. work. together. to. make. it. stronger.. He. reminded. that in so far AICHR had conducted press conferences;. the. frst. one. was. held. in. 2011. in. Myanmar. and. the. second. one. was. held. in Cambodia. He also pointed out that the CSOs have many more positive roles to play with. the. ASEAN. Human. Rights. mechanisms;. therefore,. they. need. to. maximize. their. roles. in doing so both at the national level and at the. regional. level.. Mr.. Djamin. suggested. that. any recommendations for the next three-year for. AICHR. collectively. made. by. the. NGOs. should be submitted to AICHR and copied to other. member. states. so. that. they. are. well. informed about these inputs and concerns. At the moment, in fact, AICHR has been in the. process. of. fnalizing. its. Guidelines. on. Engagement. with. CSOs,. and. if. it. becomes. fnalized. it. would. help. the. CSOs. a. lot.. Finally,. once. again. he. thanked. to. all. participants,. particularly.to.the.Co-organizers.who.were.so. committed.to.make.this.workshop.successful. Mr.. Suon. Bunsak,. Executive. Secretary. of. CHRAC Mr..Bunsak.concluded.the.two-day.workshop. with. signifcant. emphasis. on. the. topic. and. issues. that. were. actively. discussed. during the days until it achieved a great joint. statement. that. indicate. a. wide. ranges. of. recommendations. addressing. to. make. AICHRs. next. term. better. (see. annex).. He. thanked. HRWG. for. partnering. this. workshop. and bringing experts and participants from ASEAN. region. to. this. important. event. in. Phnom. Penh.. It. was. not. just. only. a. way. to. share the lessons learnt to the Cambodian CSOs. but. also. to. teach. them. on. how. to. work. together. in. the. ASEAN. context. through. joint. and collaborative advocacy effort. He stressed that.the.work.of.AICHR.was.very.important.for. us.it.would.also.cost.a.lot.of.struggles,.life.for.a. better future generation. He fnally closed the workshop.offcially. ClOsInG RemaRks 27 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy annexes 28 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy DAY/.TIME ACTIVITIES Sunday, 21 Oct 2012 Arrival and registration of participants (PM- Media Briefng on ASEAN Human Rights Systems) *Optional: (AM) Visit Tuol Sleng Genocidal Museum and Choeung Ek Killing Field Monday, 22 Oct 2012 Day 1 - Regional Human Rights Systems: Dynamisms, Challenges and Opportunities & The Role of Civil Society 08.00-09.00 Registration 09.00-10.00 Welcome Speeches Mr. Thun Saray, Chairperson of CHRAC/ President of ADHOC Introduction and objective of the Workshop: Ms. Yuyun Wahyuningrum, Senior Advisor on ASEAN and Human Rights, HRWG 10.00-10.30 Coffee /Tea Break 10:30-13:00 Plenary 1: The Evolution of the regional human rights systems: are we in the right direction? Speakers: H.E Rafendi Djamin, Indonesias Representative to the AICHR Mr David Padilla, Former assistant executive secretary, Inter-American Commission on Human Rights Mr. Adem Kassie ABEBE, Centre for Human Rights, University of Pretoria Moderator: Ms. Jelen Paclarin, Executive Director of WLB, the Philippines 13.00-14.00 Lunch 14.00-16.00 Plenary 2: Cross-Regional Advocacy Agenda in Strengthening Human Rights Systems: meaning, indicators and bases (each speaker should represent one case study) CSO Participation /space Complementarity of regional human rights with national system (conformity of regional convention to national law) Efforts to establish or pursue a regional convention Speakers: Ms. Viviana Krsticevic, Executive Director of Center for Justice and International Law (CEJIL) - video Ms. Yuyun Wahyuningrum, Senior Advisor on ASEAN and Human Rights, HRWG Indonesia Mr. Adem Kassie ABEBE, Centre for Human Rights, University of Pretoria Moderator: Mr. Kuol Panha, Executive Director of Committee for Free and Fair Elections in Cambodia (COMFREL) 16.00-16.30 Coffee /Tea Break WORksHOp pROGRam 29 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy DAY/.TIME ACTIVITIES 16:30-18:00 Plenary 3: What next for second three-year of AICHR? Group Discussion & Presentation 19.00-21.00 Welcome Dinner Tuesday, 23 Oct 2012 Day 2 - Regional Human Rights Systems: Civil Society Agenda for the next three years 09.00-10:30 Plenary 4: The life after the adoption of AHRD Speakers: Ms. Yuni Chuzaifah, Chairperson, National Commission on Violence Against Women, Indonesia Mr. Ian Seiderman, Senior legal and policy director, ICJ Moderator: Mr. Suon Bunsak, Executive Secretary, CHRAC 10.3011.00 Coffee / Tea Break 11.00- 13.00 Finalization of the Statement and Recommendation 13.00-14.30 Lunch Press Conference on the Three-Year of Anniversary of AICHR 14.30-16.00 Special Session 1: What is the role of regional human rights systems in preventing genocide? Can regional human rights intervene or participate in cases of genocide, crimes against humanity? Speakers: Ms. Glenda Litong, the Philippines Ms. Norul Rashid, Executive Director, Roul Wallenberg Institute Prof. David Cohen, Director War Crimes Studies Center, U.C. Berkeley (tbc) Moderator: Mr. Nay Vanda, Deputy Head of ADHOCs Monitoring Section 16.00-16.30 Coffee /Tea Break 16.3017.30 Special Session 2: Lessons learnt from Cambodia on how to deal with the Past Human Rights Violations: Extraordinary Chambers in the Courts of Cambodia (ECCC) Speakers: Mr. Neth Pheaktra, Press Offcer, ECCC Mr. Long Panhavuth, Program Offcer, Cambodia Justice Initiative Mr. Hisham Mousar, Project Coordinator, Royal University of Law and Economics Moderator: Mr. Kyaw Lin Oo 17.30-18.00 Evaluation & Closing remarks 30 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy Phnom Penh, Cambodia, 23 October 2012 1. We, members of civil society organizations from Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Vietnam and Singapore gathered in Phnom Penh, Cambodia for the 2 nd Workshop on the Strengthening of ASEAN Human Rights Systems on October 22-23, 2012 with the aim to exchange experiences, and advocacy approaches among civil society organizations in order to strengthen the role of regional human rights bodies in promoting and protecting human rights. The event was organized jointly by Human Rights Working Group (HRWG), the Cambodian Human Rights Action Committee (CHRAC), and Cambodian Human Rights and Development Association (ADHOC). 2. On the occasion of the three-year anniversary of ASEAN Inter-governmental Commission of Human Rights (AICHR), we would like to convey our appreciation for efforts undertaken by the AICHR in the period of 2009-2012. We believe that AICHR can do more and better in implementing their mandates as mention in the Terms of Reference (TOR) of AICHR. 3. As the frst Asias human rights body, we envisage that AICHR will evolve into a credible, independent, responsive and accessible regional human rights mechanism in ASEAN. We urge AICHR to improve its ways of working in decision-making process and procedures to include in agenda-setting, planning and other relevant deliberations to be more open, inclusive, participatory and transparent. AICHR should ensure that its activities, decisions and plan of actions are made available to the public to generate awareness and support. Focus for the next three years of AICHR 4. We encourage AICHR to strengthen the articulation and the implementation of the mandate in developing strategies for the promotion and protection of human rights (Article 4.1), enhancing public awareness on human rights through education, research and dissemination (Article 4.3), engaging in dialogue and consultation with the ASEAN bodies and stakeholders including civil society (Article 4.8) and in obtaining information from ASEAN Member States on the promotion and protection of human rights (Article 4.10) for the next period of 2013-2015. 5. We believe that recognizing and engaging civil society is and must be an essential pre-condition for democratically legitimate decision-making process of AICHR, aimed at ensuring the guarantee for the respect, promotion, protection and fulfllment of human rights and freedoms for all people in ASEAN. We are convinced that the engagement with civil society is integral to achieve the goal of the ASEAN Community building. We call for AICHR to work in collaboration with civil society to have a major platform to provide a venue for dialogue and engagement with civil society prior to each ordinary session of AICHR. 6. We urge AICHR to expedite the fnalization of the Guideline for Engagement with Civil Society Groups. 7. We urge AICHR to commence the process of reviewing its Terms of References which fall due in 2015 pursuant to Article 9.6 of the Terms of Reference of AICHR. Standard-Setting 8. We commend the initiative of drafting the ASEAN Human Rights Declaration (AHRD) as an important milestone of setting human rights standards in the region. However, we condemn the adoption of the draft of AHRD as its contents have been lower than international human rights standards, including CIvIl sOCIeTys ReCOmmenDaTIOns fOR THe nexT THRee yeaRs Of THe asean InTeR-GOveRnmenTal COmmIssIOn On Human RIGHTs (aICHR) 31 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy the provisions on balancing of rights and responsibilities, limitation of rights, national and regional particularities, public morality and the non-recognition of rights in relation to sexual orientation and gender identity, and indigenous people. We are concerned that it may be used to undermine international standards, which are applicable to ASEAN Member States. 9. AHRD does not have legitimacy and credibility because AICHR did not share the document to public during the process of drafting until its process of fnalization. We believe this act is in contradiction with the aim of ASEANs commitment toward a people-oriented community. 10. Understanding that AICHR will come up with a convention on human rights after AHRD, we demand that AICHR takes all necessary measures to ensure that the convention adheres to the international standards and the process of consultation with stakeholders including civil society and the victims of human rights violations must be inclusive, participatory and empowering. Institutional Building 11. We urge AICHR to explore the possibility to expand protection and promotion mechanisms to include: a) developing a process of communication of complaints and their engagement with member states, b) appointing independent experts to asses country-based, cross-border and thematic-based human rights issues in ASEAN, c) establishing an inquiry procedure in relation to systematic or wide spread human rights violations and a commensurate undertaking by member states to respond thereto, and d) exploring the possibility of aligning AICHR with other organs in terms of structures, institutionalization, and standards on human rights. 12. We urge AICHR to establish a mechanism to ensure the protection of the integrity and safety of persons who cooperate with AICHR. 13. We encourage AICHR to take a role as mediatory between complainants and ASEAN Member States toward better resolution of conficts and disputes, i.e. over the land rights dispute and border clashes. 14. We demand AICHR to assist ASEAN member states compliance with due diligence measures following international human rights standards. It must take necessary steps to remove barriers to access to justice for women, children, marginalized groups, detainees and prisoners and victims of human rights violations. 15. We urge AICHR to proactively engage with national human rights institutions by raising awareness, information exchange, capacity-building activities. AICHR Secretariat 16. We welcome the Chairmans Statement of the 20 th ASEAN Summit, dated 3-4 April 2012 on the creation of dedicated of AICHR secretariat. This point of action is in line with the recommendation of the 1 st Civil Society Forum on AICHR to the 44 th ASEAN Minister Meeting (AMM) that was organized in Jakarta on July 2011. We believe this initiative will contribute towards a forward looking and an effective AICHR. 17. We recommend that AICHR conduct open recruitment for its staffs in leadership positions of the Secretariat bearing in mind regional representation. Their engagement should be based on expertise in the feld of human rights and consist of at least 50% women. 18. We urge ASEAN Foreign Ministers to ensure that suffcient funds are provided to the AICHR Secretariat to enable its effcient operation. 19. We encourage AICHR to mandate the Secretariat to bridge the relationship and communication gaps between AICHR and general public, including civil society and victims of human rights violations in ASEAN. 20. We call for AICHR to review its Guidelines on the Operation and make necessary amendment to ensure that AICHR respects the principles of transparency, independence, and participation. 32 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy No Country Name Email 1 Brunei Darussalam Ms. SitiZalehaHjKaprawi, BSWC (funded by HRWG) siti_kaprawi@hotmail.com 2 Ms. HjhMordiahHj Jackia, BSWC (self-funding) mesa.consultant@gmail.com 3 Ms. PgHjhZabaidahKamaludin (self-funding) the Brunei Social Welfare Council of Women of Brunei Darussalam (shared room) phzabaidah@gmail.com 4 Cambodia Mr. ThunSaray, Chairperson of CHRAC/ President of ADHOC saray@online.com.kh 5 Mr. Nay.Vanda, Deputy head of HR Monitoring ADHOC 6 Mr. Srorn Srun, Cambodia Women Caucus ssrorn09@gmail.com 7 Mr. Neth.Pheaktra, Press Offcer of ECCC neth.pheaktra@eccc.gov.kh 8 Mr. Hisham Mousar, Project Coordinator, Royal University of Law and Economics 9 Mr. Long.Panhavuth, Program Offcer of Cambodia Justice Initiative 10 Mr. SounBunsak,.Executive Secretary suonbunsak@yahoo.com 11 Mr. OeungJeudy, Program Offcer of CHRAC jeudychrac@yahoo.com 12 Mr. Neb.Sinthay, Executive Director of API 13 Mr. Tith.Sopheak, CARAM Cambodia caram.cam@online.com.kh 14 Sloane Kaphlan Sloane.kaphlan@gmail.com 15 Mr. Phorn.Rathnak, Program Offcer, CVS 16 Ms. SEAP.Sinet, Youth Empowerment Offcer, YRDP contactsinet@gmail.com 17 Ms. Chan Somaly, Communication Offcer of CCiM 18 Mr. Kim Sambath, CDP sambathcdp@yahoo.com 19 Mr. Koul Panha, COMFREL kpanha@comfrel.org 20 Chan.Krisna.Sawada, Political Offcer at the British Embassy in Phnom Penh chan.sawada@fco.gov.uk 21 Mr. Man Vuthy, CLEC vuthy@clec.org.kh 22 Mrs. Dy Ratha, Executive Director of IDA ngo.indradevi@yahoo.com 23 Mr. Dy.Thehoy, Coordinator WGP dythehoyalove@yahoo.com 24 Nhov.Brem, Star Kampuchea star.voe@starkampuchea.org.kh 25 Ms. Soeum Soren, LSCW 26 Mr. Nov.Sakaroch skr_nov@yahoo.com 27 Mr. Nuon.Sidara sidara011@yahoo.com 28 Mr. Daniel Cohe cohedj@gmail.com 29 Ms. Lach.Sreytouch, CHRAC touch_jerry@yahoo.com 30 Mr. Eang.Chantha, CHRAC eang_chantha@yahoo.com 31 Mr. Hun.Seang.Hak, CHRAC hak_seang@yahoo.com lIsT Of aTTenDanTs 33 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy 32 Mr. Nhean.Sam.Ath, CHRAC khmer2018@gmail.com 33 Indonesia Ms. YuyunWahyuningrum, Senior Advisor on ASEAN and Human Rights, HRWG Wahyuningrum@gmail.com 34 Mr. RafendiDjamin, Indonesia Rep to AICHR rafendidjamin@gmail.com 35 Mr. Daniel.Awigra, Program Manager, HRWG awigra@gmail.com 36 Ms. YuniChuzaifah, Chairperson, National Commission on Violence Against Women, Indonesia yunich1@yahoo.com 37 YuliRustinawati, Chairperson, ArusPelangi yuli@aruspelangi.or.id 38 Restaria.F..Hutabarat, Vice of Director Jakarta Legal Aid Institute (LBH Jakarta) resta_hutabarat@yahoo.com 39 Mr. JokoSulistyo joko.sulistyo11@gmail.com 40 Lao PDR Ms. InnakhoneVorachak, Human Right monitoring unit of Sustainable Agriculture and Environment Association (SAEDA) innakhone@hotmail.com 41 Malaysia Ms. Honey.Tan honeytan@gmail.com 42 Daniel.Lo, Malaysia Bar Association daniel_lo@akdl.com 43 Myanmar Kyaw.Lin.Oo, Coordinator, Myanmar Peoples Forum ukyawlinoo@gmail.com 44 AungMyo Minh, Director HREIB myominburma@gmail.com 45 Philippines Ms. Glenda.Litong gtlitong@gmail.com 46 JelenPaclarin jelen.paclarin@gmail.com 47 Kris Merginio 48 Singapore Mr. SinapanSammydorai, Think Center samysd@pacifc.net.sg 49 Thailand Ms. ChalidaTajaroensuk, Peoples Empowerment Foundation chalida.empowerment@gmail.com 50 Ian Seiderman, senior legal and policy director, ICJ ian.seiderman@icj.org 51 Vietnam Mr. Le.QuangBinh, ISEE lqbinh@isee.org.vn 52 Mr. Dinh Bach, Director, LPSD bachlpsd@gmail.com 53 Regional Orgs Naomi.Kinsella, Director, ABA ROLI naomi.americanbar@gmail.com, cc to: byolanda.roli@gmail.com 54 Mr. David Padilla, Former assistant executive secretary, Inter-American Commission on Human Rights dpadilla44@aol.com 55 Donors/ Partners Mr. Sok.Pitour, NPA 56 Ms. Sanna.Kozak.Denhlin, Swedish Embassy 57 Prof. David Cohen, UC Berkeley 58 Aung Myo Minh, Director HREIB myominburma@gmail.com 59 Ms. Aviva.Nababan, Director of AIJI Cambodia Program aviva.nababan@aijigroup.com 34 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy Please thick the appropriate columns below: No Assessment Object Poor Suffce Good Very Good NA Plenary 1: The Evolution of the regional human rights systems: are we in the right direction? 0 2 15 5 1 Percentage (%) 8.70% 65.22% 21.74% 4.35% Plenary 2: Cross-Regional Advocacy Agenda in Strengthening Human Rights Systems: meaning, indicators and bases (each speaker should represent one case study) 0 2 15 5 1 Percentage (%) 8.70% 65.22% 21.74% 4.35% Plenary 3: What next for second three-year of AICHR? 0 4 10 7 2 Percentage (%) 17.39% 43.48% 30.43% 8.70% Plenary 4: The life after the adoption of AHRD 0 7 10 5 1 Percentage (%) 30.43% 43.48% 21.74% 4.35% Finalization of the Statement and Recommendation 0 5 13 3 2 Percentage (%) 21.74% 56.52% 13.04% 8.70% Special Session 1: What is the role of regional human rights systems in preventing genocide? Can regional human rights intervene or participate in cases of genocide, crimes against humanity? 0 1 16 3 3 Percentage (%) 4.35% 69.57% 13.04% 13.04% Special Session 2: Lessons learnt from Cambodia on how to deal with the Past Human Rights Violations: Extraordinary Chambers in the Courts of Cambodia (ECCC) 0 3 10 6 4 Percentage (%) 13.04% 43.48% 26.09% 17.39% Rooms & Facilities 0 3 11 7 2 Percentage (%) 13.04% 47.83% 30.43% 8.70% Food 0 3 14 6 0 Percentage (%) 13.04% 60.87% 26.09% evaluaTIOn ResulTs This evaluation was done at the end of the workshop with the present participants. 35 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy MORE COMMENTS: Need more time and ensure that all participants have good understanding of draft ASEAN Human Right Declaration prior to the workshop, so they can contribute to drafting the statement. Perhaps, the workshop itself is not used to make a statement but instead it builds the understanding of Declaration, then using Wikidocs/Googledocs to make a statement. This takes more time but may allow more organizations to contribute. The special session 1 and 2 should be on the First day to provide the fact and lesson learnt for broader discussion and to bring ideas to our recommendations. Should think of justice mechanism for human rights cases (get idea from the hybrid tribunal). Hope to have this kind of seminars next times. AICHR or CSOs should play more important role in promoting ASEAN Human Rights Declaration to the public. Moreover, they have to make sure that ASEAN human rights system is a mechanism to support ASEAN human rights. AICHR is not only a body but also the institution that works/serves for ASEAN human rights, so AICHR mandate is better protect, promote and solve the problems related to human rights violations. Requesting more participation from the Cambodian participants as we are the workshop organizers. Some speakers speak so slowly. If we would have this workshop again, it would better to have longer time for discussion and involved the grassroots to attend this workshop. Should include more discussion about LGBT rights, particularly when debating about draft ASEAN Human Rights Declaration. All members of ASEAN should support and protect the rights of LGBT. Excellent time-keeping and management by the organizers. Excellent tour to Tuol Sleng genocide museum and killing feld, and the dinner which helps build relationships and exchange of networks. Workshop was well-organized though there were some missing speakers. Tuol Sleng prison and killing feld was an eye opener, is the atrocities of the Pol Pot regime. Look forward for more workshops and a follow up to the AHRD. Really strong suggest preparing on Khmer language because it was held in Cambodia. It is much better if Cambodian NGOs on human rights sector participant much. On behalf of Cambodian and one of Asian countries, want AICHR to add more General Principles on fundamental freedoms of expression, property rights and particularly the right to fair trial. Those are what the developing countries are facing, especially Cambodia. It is really sensitive task. Organizers must take into consideration the varying levels of perspectives/understanding of participants to make the workshop more effective. The civil society must strengthen monitoring system and structure to push AICHR to take action effectively in the short future. The civil society should organize more workshops at the national level before going to regional workshop in order to raise more awareness to different stakeholders. 36 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy 37 REPORT OF THE 2ND WORKSHOP ON Strengthening ASEAN Human Rights Systems through Civil Societys Advocacy -
- - :: - ::- - ---:-a--::.u-:---::- ::u a - - u - - : : smaKmGadhuk ADHOC jointly Organized by: CHRaC, HRWG and aDHOC The report was prepared by: CHRAC Secretariat
Report: Informal Dialogue Between CSO and ASEAN Secretary General, Between CSO and ASEAN CPR and The 1st Jakarta Human Rights Dialogue (JHRD) Final PDF