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There were two meetings recently concerning two regional human rights
mechanisms, which are important for Indonesia’s foreign policy. The
first meeting was the 8th ASEAN Inter-governmental Commission on Human
Rights (AICHR) on the ASEAN Human Rights Declaration (AHRD) in Brunei
Darussalam on Aug. 24-26, 2012. The second was the 2nd Independent and
Permanent Human Rights Commission (IPHRC) of the Organization of Islamic
Cooperation (OIC) in Ankara, Turkey on Aug. 27-31, 2012.
Among
other things, the OIC meeting was to adopt draft rules and procedure
addressing human rights problems OIC and non-OIC countries such as
Syria, Mali and the Rohingya Muslim problems in Myanmar.
AICHR was
established on Oct. 23, 2009 in Thailand, based on Article 14 of the
Charter. It members comprise 10 representatives from 10 ASEAN member
countries.
Although the main objective of the commission is to
promote human rights and fundamental freedoms for the peoples of ASEAN,
member states opt for the “promotion first, protection later” formula
for AICHR. It was designed without the power of investigation,
monitoring, enforcement and interpretation of its Terms of Reference
(TOR). The Commission is not equipped with a communication mechanism
that allows members to reach out to people who endure human rights
abuses on a daily basis.
Likewise, the statutes do not give the
Commission a mandate to investigate human rights violations in member
states. Rather is an advisory organ. Article 14 of the statutes say that
the Commission is further restricted in the sense that it can only
offer advice to “approving member states”.
While ASEAN member
states appoint their representatives to AICHR for a period of three
years, IPHRC employs a competitive selection process for its
commissioners. Member states from three geographical areas (Africa, Asia
and Middle East) can nominate candidates prior to the Council of
Foreign Ministers (CFM), which elect the experts to work for three
years, renewable once.
The formation of the two commissions is
considered a landmark of institutional reform within the organizations
known for their conservative perception of human rights. The commissions
have raised the profile of ASEAN and OIC in the international
community.
The current draft of the AHRD has included almost all
rights guaranteed in the Universal Human Rights Declaration. But a
number of sensitive issues remain, such as the rights of migrant
workers, LGBTIQ, indigenous people and minorities and sexual rights.
Its
“general principles” specifies that the implementation of rights must
consider the regional and national context, bearing in mind different
political, economic, legal, social, cultural and religious backgrounds.
Furthermore,
the section also states that the exercise of human rights and
fundamental freedoms shall be subject to such limitations as determined
by law and to meet the just requirements of national security, public
order, public health, public safety, public morality, as well as the
general welfare of the peoples in a democratic society. Having said
this, ASEAN has different standpoint on the limitations.
Besides,
its closing paragraph says that the declaration may not be interpreted
as encouraging any state, group or person to undermine the purposes and
principles of ASEAN, which refers to the principle of non-interference
in the internal affairs of ASEAN member states.
These unresolved
issues in AHRD, scheduled to be signed during the 21st ASEAN Summit in
Phnom Penh in November this year, have rendered human rights
meaningless.
Article 15 of the Charter states that IPHRC “shall
promote the civil, political, social and economic rights enshrined in
the organization’s covenants and declarations and in universally agreed
human rights instruments, in conformity with Islamic values”.
Moreover,
the 1990 Cairo Declaration of Human Rights in Islam claims that Sharia
is the only supreme source of reference (Article 25). Article 24
declares, “All the rights and freedoms stipulated in this Declaration
are subject to the Islamic Sharia”. Article 22 stipulates, “Everyone
shall have the right to express his opinion freely in such manner as
would not be contrary to principles of Sharia.” Article 12 affirms,
“every man shall have the right, within the framework of Sharia, to free
movement”, which leads to the understanding that women can only travel
with their muhrims (brother or husbands).
Its preamble asserts
that fundamental rights and universal freedoms are “binding divine
commandments, which contained in the Revealed Books of God and were sent
through the Last of His Prophet”. This point submits to the Koran and
the Prophet Muhammad.
While regional human rights mechanisms can
be more sensitive to the problems and needs of the region and its people
or ummah, it should uphold and respect international standards.
The
establishment of AICHR and IPHRC can provide a unique opportunity for
ASEAN and OIC to genuinely reform their view of human rights. To
increase legitimacy and credibility which the two commissions are
lacking, the two bodies should raise their bar on human rights high.
AHRD
should set up common values and principles of achievement on human
rights for all peoples and nations in Southeast Asia. Cairo Declaration
should be revised to empower individuals, rather than states. These
standards should not confuse the universal human rights norms.
ASEAN
and OIC need to promote human rights. Both, in fact, have potential to
contribute to the protection of human rights. More importantly, the
commissions will show their relevance to the lives of people in the
region in dealing with 21st century challenges.
AICHR and IPHRC
should be part of the solution, rather than problems. They can play a
role in transforming their member states from being the target of
international scrutiny for alleged human rights abuses to be the
promoter of fundamental freedoms around the world.
The
writer is senior advisor on ASEAN and Human Rights at Human Rights
Working Group (HRWG) in Jakarta. The opinions expressed are her own.
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