First Regional Conference on Building Networks to Strengthen ASEAN Human Rights Cooperation April 3 to 6, 2006 Manila, Philippines

Transcription

1 First Regional Conference on Building Networks to Strengthen ASEAN Human Rights Cooperation April 3 to 6, 2006 Manila, Philippines Summary of Proceedings I. Introduction 1. The First Regional Conference on Building Networks to Strengthen ASEAN Human Rights Cooperation was convened in Makati City, the Philippines on April 3 to 6, The Workshop was an initiative of the Philippine Commission on Human Rights in partnership with the European Commission. 2. The Workshop was attended by participants representing national human rights commissions of Indonesia, Malaysia, Philippines and Thailand, ministries of foreign affairs and other government offices from Brunei, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam, the Working Group for an ASEAN Human Rights Mechanism, and a representative of the ASEAN Secretariat. Also in attendance were guests and observers representing the United Nations Office of the High Commissioner for Human Rights, the Foreign Ministry of Japan, the Asia Pacific Forum, the Canadian International Development Agency, the International Committee of the Red Cross, METAGORA Project-Paris, EC Delegations to Thailand and Indonesia and the Parliamentary Human Rights Caucus of Malaysia and other international and regional institutions and civil society groups. The conference was moderated by Atty. Carlos Medina, Secretary General of the Working Group for an ASEAN Human Rights Mechanism. 3. The workshop was opened by the Hon. Purificacion V. Quisumbing, chairperson of the Commission on Human Rights of the Philippines, as session chairperson; the Hon. Tan Sri Datuk Seri Panglina Simon Sipaun, vice-chair of the Human Rights Commission of Malaysia (SUHAKAM) on behalf of the NHR Commissions in ASEAN; Hon. Jan de Kok, Ambassador, European Commission Delegation to the Philippines; and the Hon. Wigberto Tanada, Chairperson of the Philippine Working Group for an ASEAN Human Rights Mechanism who each delivered welcome remarks. 4. Tan Sri Datuk Seri Panglima Simon Sipaun discussed the worldwide trend of establishing national human rights institutions (NHRIs) and reported that the four national NHRIs in ASEAN have held consultation meetings on the following areas: international terrorism; migration; trafficking in persons; human rights education; and economic, social and cultural rights and the right to development.

2 These NHRIs are in the process of adopting a declaration to formalize their networking and cooperation. 5. Ambassador Jan de Kok discussed the partnership between the European Union and the Commission on Human Rights of the Philippines and between the EU and ASEAN, expressed the EU s support for the networking among NHRIs and called for the establishment of NHRIs in the ASEAN countries that still have none, as well as an ASEAN regional human rights mechanism. 6. Speaking for the Working Group, Hon. Wigberto Tanada discussed the role of ASEAN vision 2020, which calls for a community of caring societies that would require much cooperation in the area of human rights, and the three pillars of the ASEAN Community (socio-cultural, economic and security) enumerated in Bali Concord II in the realization of a regime of human rights in ASEAN. II. Conference Sessions 7. The conference was divided into five sessions: Human Rights Cooperation in International and Regional Contexts, Developments in Human Rights Cooperation in ASEAN, Human Rights Issues of Regional Importance in Southeast Asia, Strategy Formulation, and Strategies Toward Cooperation and Networking. Session I: Human Rights Cooperation in International and Regional Contexts 8. Kieren Fitzpatrick, director, Asia Pacific Forum of National Human Rights Institutions, in a 0 Td (s)tj Td ( )Tj Td (C)Tj Td (o)tj T

3 vision to 2020, the Hanoi Plan of Action in 1998, the human rights provision of the Vienteane Action Programme, the adoption of the ASEAN security community plan of action, the ASEAN social and cultural plan of Action, as well as the adoption of the ASEAN declaration against trafficking in person, particularly Women and Children and the declaration on the Elimination of Violence Against Women in the ASEAN Region. With the adoption of the VAP, the ASEAN senior officials engaged the working group for an ASEAN human rights mechanism. He concluded that ASEAN has progressed in the promotion of human rights and more can and will be done, particularly, practical activities arising from the provision of the VAP. 11. Hon. Purificacion Quisumbing, chairperson of the Philippine Commission on Human Rights made a presentation on the role of national human rights institutions in the development of a human rights mechanism. She discussed the nature, kinds and functions of NHRIs and focused on the Commission on Human Rights of the Philippines, its mandate, powers, functions and programs, as well as the Principles Relating to the Status of National Institutions (Paris Principles). Acknowledging the role of the Working Group in facilitating the first meeting among NHRIs in Manila in 2002 and the second meeting in Jakarta in 2003, she asserted that the networking among ASEAN NHRIs is beneficial to the establishment of a regional human rights mechanism. 12. Hon. Wigberto Tanada, chairperson of the Philippine Working Group for an ASEAN human rights mechanism discussed the various initiatives of the Working Group to engage ASEAN governments in the establishment of an intergovernmental human rights mechanism, including the implementation of the four core issues of the Vientiane Action Programme, namely: the creation of a commission on the rights of women and children, an elaboration on the rights of migrant workers, human rights promotion and education and networking among NHRIs. He also spoke about the Working Group s intention to engage the Eminent Persons Group created by ASEAN to make recommendations on the drafting of an ASEAN Charter. Session II was chaired by the Hon. Jaran Ditapichai, Commissioner, National Human Rights Commission of Thailand (KOSOMO). Session III: Human Rights Issues of Regional Importance in Southeast Asia 13. In his paper on trafficking in persons, Commissioner Wilhelm D. Soriano of the Commission on Human Rights of the Philippines emphasized that trafficking is a serious human rights violation that must be tackled using a multi-pronged approach involving networking, collaboration, awareness raising and regional and multilateral initiatives. He stressed the need to establish national and international networks that will harness the support of various stakeholders, starting at the local level and emphasized the need for cooperation among stakeholders, particularly governments, NHRIs and civil society organizations; the ratification of relevant

4 treaties by ASEAN countries; passage of domestic laws to address the problem, and human rights education. 14. Speaking on terrorism, Commissioner Enny Soeprapto (KOMNAS HAM) discussed the existing international and regional instruments to combat international terrorism. He noted that that there is still no internationally agreed definition of terrorism, emphasized the need to respect human rights in antiterrorism measures and the need for international cooperation to address the problem Commissioner Dato Choo Siew Kioh (SUHAKAM), speaking on migrant workers, described the economic, political, bureaucratic and social causes for regular (documented) and irregular (undocumented) migration of peoples from Southeast Asia and how they are treated by sending and receiving countries. He called for the accession of sending and receiving countries to the UN Convention on the Protection of Migrant Workers and urged ASEAN NHRIs to adopt the actions recommended in the 1999 Bangkok Declaration on Irregular Migration, the Bali Process of 2002 which addressed the issues of people smuggling, trafficking in persons and related transnational crimes, the 2004 Zacatecas Declaration and the related Campeche Declaration on Irregular Migration which emphasized the roles of NHRIs in addressing the problems of migrant workers. 16. Director Supattra Limpabandhu, director, General Administration Bureau, National Human Rights Commission of Thailand (COSOMO), speaking on Economic, Social and Cultural Rights and the Right to Development, described Thailand s efforts at promoting and protecting ESCR and defined the role of NHRIs in advocating for its justiciability. She mentioned some areas of cooperation at the regional level, such as sharing of experiences in the handling of cases, capability building, cooperation in research, and regular discussions to address common issues. Session III was facilitated by Tan Sri Datuk Seri Panglima Simon Sipaun, vice chairman, SUHAKAM. Session IV: Strategy Formulation 18. In the fourth session, the participants were divided into four workshop groups to discuss the following topics: (1) Trafficking in persons; (2) International terrorism; (3) Migrant workers; and (4) Economic, social and cultural rights and right to development. The subject of human rights education was integrated in all four issues. 19. The first workshop group on trafficking in persons was chaired by Mohammad Farid (KOMNAS HAM), with Wiwiek Setyawati Firman (DFA, Indonesia) as rapporteur. The group identified eight issues and concerns: lack of proper antitrafficking legislation, lack of regional action and cooperation, lack of inter-regional

5 cooperation, lack of statistical data, need to reform immigration laws, need for prevention measures to address root causes, vulnerability of particular groups and corruption. 20. The second workshop group on international terrorism was chaired by Commissioner Jaran Ditapichai (COSOMO) with Florence Chong (MFAT, Brunei) as rapporteur. The group noted the lack of capacity building to combat terrorism for enforcement agencies, the need for a mechanism to prevent and suppress terrorism, and the challenges in the implementation of international treaties related to terrorism, particularly maintaining respect for human rights in combating terrorism. The group noted that not all ASEAN countries are parties to international treaties related to terrorism. 21. The third workshop on migration was chaired by Mr. Azlan Ismail (SUHAKAM), with Ms. Chong Eng (Parliamentary Human Rights Caucus of Malaysia) as rapporteur. The group noted poor living standards in countries of origin as the root cause of migration, and cited the lack of a mechanism for coordination and communication at all levels of governance; the poor record of ratification of international instruments of ASEAN member countries and other countries (receiving), and the lack of recognition and respect for human rights standards and norms such as the principle of non-refoulment; and the lack of understanding, awareness and differences in perception of the problem and benefits of migrant workers by government, NHRIs, civil society, the business sector and the general public. 22. The fourth workshop group on economic, social and cultural rights was chaired by Ms. Supattra Limpabandhu (COSOMO) and Ms. Monpakawan Prusmetikul (MFA, Thailand) was appointed rapporteur. The group identified the achievement of rightsbased approach to the Millennium Development Goals as their priority issue, noting that national efforts must be focused on the implementation of the MDGs, particularly the reduction of poverty, reduction of the mortality rate and achievement of equality between men and women. Session V: Strategies toward cooperation and networking 23. Three workshop groups were formed to discuss Areas of Cooperation and Joint Projects under the European Initiative for Democracy and Human Rights, Strategies for Establishing National Human Rights Institutions, and the Next Steps Toward an ASEAN Human Rights Mechanism. 24. The first group was chaired by Vice Chairperson Tan Sri Datuk Seri Panglima Simon Sipaun (SUHAKAM). Dr. Enny Soeprapto (KOMNAS HAM) acted as the rapporteur. The resource person was Mr. Paul Hardy of EC.

6 25. The second group was chaired by Dr. Nguyen Quoc Loc (Institute for International Relations, Vietnam). The rapporteur was Ms. Vallabha Saradaprabha (COSOMO), Mr. Kieren Fitzpatrick of the APF served as the resource person. 26. The third workshop group on the Next Steps Toward an ASEAN Human Rights Mechanism was chaired by Ms. Wiwiek Setyawati Firman (MFA, Indonesia) and Mr. Duong Chi Dung (MOFA, Vietnam) was appointed rapporteur. Dato Param Cumaraswamy of the Regional Working Group was the resource person. III. Conclusions and specific recommendations General conclusions 1. The conference participants asserted that human rights promotion and protection should be one of the key elements of the ASEAN Security, Economic and Social and Cultural Communities created by the Bali Concord II. Promotion of Economic, Social and Cultural Rights should be accorded the same attention as Civil and Political Rights. 2. The conference participants acknowledge that effective networking among NHRIs is beneficial to regional cooperation for the protection and promotion of human rights. 3. The conference noted the growing convergence among the stakeholders in human rights, pointing out that most of the human rights concerns in the Vientiane Action Programme are the same issues identified by the Working Group for ASEAN Human Rights Mechanism in its annual workshops and by the NHRIs as issues of common concern. 4. The conference participants agreed that the five areas (terrorism, rights of migrants, trafficking of children and women, economic and social rights and the right to development, human rights education) identified by the NHRIs as common concerns must be addressed on the regional level. 5. The NHRIs in ASEAN discussed a proposed joint project with the European Commission to enhance the role of NHRIs in the promotion of human rights and to establish other NHRIs and an ASEAN human rights mechanism. The proposed joint project would necessitate a partnership agreement among the four NHRIs. Once the project is confirmed, it was agreed that the Philippine Commission on Human Rights will be the interim implementing agency in close cooperation with Indonesia. The four NHRIs and other ASEAN representatives proposed projects for research, capacity building, information sharing, the establishment of a human rights training center and other strategies.

7 Recommendations 6. The Conference, noting that the ASEAN Secretariat has no desk officer dealing with human rights, recommended to ASEAN the creation of an appropriate unit in the Secretariat to ensure the institutionalization of human rights in the ASEAN agenda. 7. Recognizing the vital role of parliamentarians in the promotion of human rights in ASEAN, the conference urged parliaments in ASEAN to form Parliamentary Committees on Human Rights and an ASEAN Parliamentartians Human Rights Caucus to compliment the work of NHRIs. 8. The conference participants encouraged all ASEAN member states to accede to international human rights conventions. 9. The conference participants resolved to engage the ASEAN Eminent Persons Group collectively and individually to ensure that the ASEAN Charter includes a principle which calls for the establishment of an ASEAN Human Rights Mechanism. 10. The conference participants stressed the need for continuing workshops on regional human rights mechanisms based on the experiences of the European Union, the Organization of American States, and the African Union facilitated by the OHCHR through the existing NHRIs. 11. The conference participants resolved to persuade ASEAN to ensure the rights-based implementation of the Millenium Development Goals and adopt common human rights development goals. Furthermore, the participants called for the development of human rights curricula to achieve a common understanding of human rights 12. The conference participants see the need to implement training programs for judges that include principles and international standards of human rights. 13. The conference participants identified the need for governments and NHRIs to muster political will and provide adequate resources to establish national and international networks and harness the support of various sectors and the international community, ratify all international instruments related to trafficking of persons, and enact adequate laws to combat trafficking. They urged NHRIs to assist in eradicating human trafficking by working on their respective countries to prioritize the development of laws for the prevention and combating of human trafficking, establish a uniform standard of procedures to combat its deleterious effects, and ensure that the roots of the problem are addressed. Furthermore, governments were enjoined to bring their National Plans of Action to ASEAN for the preparation of a regional plan that would ensure protection and assistance for victims of human trafficking, establish closer cooperation between and among

8 different immigration systems, and create a proper registration system within ASEAN. 14. The conference participants expressed the need for NHRIs to undertake a joint research on the roots of international terrorism. NHRIs and governments should intensify regional cooperation, coordination and sharing of information in the fight against terrorism. In the process, they must ensure that anti-terrorism measures do not violate human rights principles. 15. The conference participants agreed that NHRIs should promote international standards for migration and persuade national governments to ratify the treaties involving migration and refugees. NHRIs should conduct forums that bring together governments, NGOs and all the stakeholders in the migrant worker sector in order to develop a common understanding of the issues at the national and regional levels. 16. The issues of common concern are cross border and cross cutting in character which lend themselves to the sharing of best practices among ASEAN NHRIs and member states. An information hotline should be established in ASEAN using the internet to intensify information sharing for quick action and ready reference. 17. The conference participants called for the establishment of NHRIs in all ASEAN member states according to the Paris Principles. 18. In establishing new NHRIs, the conference stressed the need to elicit support from partners (APF, UNOHCHR and others), tap the technical expertise of the four NHRIs in ASEAN, mobilize resources from donors and draw up Plans of Action. The conference recommended the building block approach in convincing governments to set up national institutions and called for diversity and pluralism in the appointment of commissioners and staff members of NHRIs. 19. The conference participants agreed that the NHRIs shall continue to cooperate with the Working Group towards the establishment of an appropriate regional mechanism on human rights as envisaged in the Joint Communique of the ASEAN Ministerial Meeting in Singapore in The conference participants expressed appreciation for the commitment of the UNOHCHR to provide technical advisory services in the field of human rights covering the establishment of regional human rights mechanisms, administration of justice, legislative reforms and human rights education as well as capacity building in implementing the recommendations of the treaty bodies and special procedures. 21. The conference participants resolved to express their appreciation to the following: European Commission, the Department of Foreign Affairs of the Philippines, the Working Group for an ASEAN Human Rights Mechanism, the ministries of foreign affairs and other government offices from Brunei, Cambodia, Indonesia, Lao PDR,

9 . Malaysia, Myanmar, Singapore, Thailand and Vietnam, the representative of the High Commissioner for Human Rights, the ASEAN Secretariat, the Foreign Ministry of Japan, the Asia Pacific Forum, the Canadian International Development Agency, the International Committee of the Red Cross, METAGORA Project-Paris, EC Delegations to Thailand and Indonesia and the Parliamentary Human Rights Caucus of Malaysia and other international and regional institutions and civil society groups for their support of the networking and cooperation activities of the NHRIs in ASEAN.