THE HABIBIE CENTER DISCUSSION REPORT No. 24/June 2016 th 35 TALKING ASEAN ASEAN Civil Society Conference/ASEAN People s Forum (ACSC/APF) 2016 in Timor-Leste: Potentials and Constraints for the Future of CSOs Engagement The Habibie Center, Jakarta June 21, 2016
INTRODUCTION JAKARTA On Tuesday, 21 June 2016, The Habibie Center held its 35 th Talking ASEAN dialogue titled ASEAN Civil Society Conference/ASEAN People s Forum (ACSC/APF) 2016 in Timor-Leste: Potentials and Constraints for the Future of CSOs Engagement at The Habibie Center Building in Jakarta. This particular Talking ASEAN featured as speakers Isman Pasha (Councellor, Directorate of ASEAN Functional Cooperation, Ministry of Foreign Affairs, Republic of Indonesia), Yuyun Wahyuningrum (Senior Advisor on ASEAN and Human Rights, Human Rights Working Group), Mugiyanto (Senior Program Officer for Human Rights and Democracy, INFID), and Yoong Yoong Lee (Director of Community Affairs Directorate, ASEAN Secretariat) with Askabea Fadhilla (Researcher, The Habibie Center) moderating. The objectives of this Talking ASEAN were to: (a) examine potentials and challenges for Timor-Leste in hosting the ACSC/APF2016; (b) identify ASEAN perspective on the importance of Timor-Leste as the host of the ACSC/APF2016 in engaging Southeast Asia people; and (c) explore the possibilities of improving CSOs future engagement through the existing mechanism of the ACSC/APF. This discussion report summarizes the key points of each speaker as well as the question and answer session that followed.
SPEAKERS PRESENTATION Mugiyanto ASEAN was indeed a unique regional formation when compared to the European Union (EU) or the African Union (AU). ASEAN was very diverse in terms of political systems, religion, and levels of democracy. He realized that there were a lot of challenges in ASEAN, one of which was in terms of civil society participation. In the EU, engagement with civil society had been institutionalized. In ASEAN, it had not been realized yet although there is now the ACSC/APF. Unfortunately it was still not considered as part of the ASEAN process as ASEAN had not really accommodated civil society organizations. Mugiyanto - Senior Program Officer for Human Rights and Democracy, INFID The first to speak at the Talking ASEAN dialogue was Mr. Mugiyanto. He explained that INFID was one of the CSOs invited to participate in the ASEAN Civil Society Conference/ASEAN People s Forum (ACSC/ APF) that will be held in Timor Leste in August 2016. He explained that there had been a serious discussion in deciding where to the ACSC/APF. Many argued that it was difficult to carry out the ACSC/APF in Lao PDR as it was impossible to have an open democratic discussion there. In Indonesia, he added, we were lucky because we had a democratic atmosphere compared to Lao PDR. Holding the ACSC/APF in Timor Leste is actually a message to the ASEAN policy makers that there is a problem in Lao PDR and ASEAN was not alright since not all of ASEAN Member States were democratic. - Mugiyanto - He further explained that one of the considerations on the debate was whether the decision to have the ACSC/ APF held inside or outside Lao PDR was beneficial to local CSOs in Lao PDR and ASEAN. Nevertheless, it was concluded that they had to conduct the ACSC/APF outside Lao PDR. Then it was discussed the place where the ACSC/APF should be held. Most CSOs finally decided to hold it in Timor Leste. Although it was not a member of ASEAN, Timor Leste has been part of the ACSC/APF and many ASEAN CSOs have already had engagement with local CSOs in Timor Leste. Holding the ACSC/APF in Timor Leste was actually a message to the ASEAN policy makers that there was a problem in Lao PDR and ASEAN was not alright since not all of ASEAN Member States were democratic. There was a serious situation in Lao PDR. 1
SPEAKERS PRESENTATION Yuyun Wahyuningrum There were some challenges ahead. First, could the space for dialogue be expanded? She noted that since we had achieved this level of engagement with ASEAN it was doubtful whether we could expand the existing dialogue space. Second, Timor Leste was not a member of ASEAN. It would be challenging when the CSOs hold the ACSC/APF in Dili. Yuyun Wahyuningrum - Senior Advisor on ASEAN and Human Rights, Human Rights Working Group As the second speaker of the dialogue, Ms. Wahyuningrum said that the recognition of the Vientiane Action Plan (VAP) in 2004 opened spaces for CSOs to engage with ASEAN. The Eminent Persons Group (EPG) who drafted the blueprint of the ASEAN 2025 also invited CSOs to the conference. Since 2005, CSOs in ASEAN had had a lot of activities as they had more spaces and wider engagement with ASEAN. In addition, ASEAN official documents had included inputs from the CSOs. ASEAN and governments had learned how to engage with the CSOs. However, political opportunities for CSOs was still limited. For example, not all ASEAN Member States talked freely about the issue of LGBT (Lesbian, Gay, Bisexual, and Transgender) and religion. Ms. Wahyuningrum further said that the ACSC/APF was less influential. However, from 2005 to 2015, the ACSC/APF had come up with statements as an output of their activity. CSOs had opened up spaces for engagement rather than wait for the government. They decided to come up with inputs for ASEAN policy makers and to lively engage with them. CSOs These inputs were included and accepted by ASEAN, such as with the issue of migrant workers. In the ASEAN 2025 Blueprint, a number of ideas from CSOs had been included in the three pillars. Ms. Wahyuningrum explained that the ACSC/APF in the Philippines in 2017 would be a great opportunity. On the contrary, the ACSC/APF in Singapore in 2018 would be worrying. While There was an intention from the government of Singapore to engage with the CSOs, she noted some differences in the understanding of the Singaporean government and CSOs. She then suggested that the we need to improve the current engagement with ASEAN policy makers by engaging directly with them. From 2005 to 2015, the ACSC/APF has come up with statements as an output of their activity. These inputs were included and accepted by ASEAN, such as with the issue of migrant workers. In the ASEAN 2025 Blueprint, a number of ideas from CSOs had been included in the three pillars. - Yuyun Wahyuningrum - 2
SPEAKERS PRESENTATION Isman Pasha To end, the government of Indonesia appreciated all CSO s efforts. He said we did not want a step back in terms of government-civil society engagement. Isman Pasha - Counsellor, Directorate of ASEAN Functional Cooperation, Ministry of Foreign Affairs, Republic of Indonesia Mr. Isman Pasha was the third speakers to speak. He said that In Indonesia we always put CSOs as our partner. Indonesia always brought together CSOs. In the case of the ACSC/APF held in Timor Leste, the government of Indonesia always supported Timor Leste for its membership in ASEAN. Nevertheless, it might need to calculate the negative impact from holding the meeting in Timor Leste. ASEAN would liekly send lower rank officials to Timor Leste. In the case of the ACSC/APF held in Timor Leste, the government of Indonesia always supported Timor Leste for its membership in ASEAN. Nevertheless, it might need to calculate the negative impact from holding the meeting in Timor Leste. - Isman Pasha - In terms of people engagement, he argued that the people of ASEAN was back to basic. In Southeast Asia, people had good networking before the colonial era. It happened not only in the elite groups but also the people. This networking made colonialism hard to enter the area. The dream of ASEAN was of an ASEAN owned by the people. ASEAN had been implementing the ASEAN Way which was based on consensus. It basically came from musyawarah. Through the ASEAN Way, ASEAN had managed to handle important issues. 5 years ago, we could not say anything about Myanmar. However, through ASEAN s approach, we finally saw Myanmar hold its first democratic election. In Southeast Asia, we basically needed to know and learn from each other. We needed time to do this. 3
SPEAKERS PRESENTATION Yoong Yoong Lee With regards to Timor Leste, the ASEAN Charter set out 4 criteria for membership, three of which were clearly satisfied: located in South-east Asia, recognised by the 10 ASEAN Member States, and agreed to be bound and to abide by ASEAN Charter. The 4th requirement is to show an ability and willingness to carry out the obligations of membership. The ASEAN Coordinating Council established a working group to commission feasibility studies on Timor Leste s prospective entry to ASEAN. He further said that eventual membership should be a win-win proposition. ASEAN can gain from a young population and strategic location of Timor Leste. Yoong Yoong Lee - Director of Community Affairs Directorate, ASEAN Secretariat As the last speaker, Mr. Lee explained the organizational structure at the ASEAN Secretariat. He further explained that each pillar had a group of ministers which was supported by senior officials. ASEAN was indeed very diverse in terms of religion, culture, political system, etc. However, ASEAN had agreed to establish the ASEAN Community and accelerated it to 2015 from 2020. One of the pillars which was the ASEAN Socio- Cultural Community (ASCC) covered the issues outside the ASEAN Political Security Community (APSC) and the ASEAN Economic Community (AEC). CSOs should partner with entities associated with ASEAN listed under Annex II of the ASEAN Charter. They should also go through the ASEAN accreditation process to deepen engagement with ASEAN Sectoral Bodies and the ASEAN Secretariat. - Yoong Yoong Lee - With regards to the CSOs, he explained they were a part of the ASEAN Vision. CSOs became one of the important stakeholders in ASEAN. ASEAN utilized Twitter and Facebook to talk to the CSO and to have better engagement with them. ASEAN recognized the ACSC/APF as a key platform for CSOs to exchange ideas and to advance inputs to the ASEAN Leaders and relevant policy makers. There were several ways to strengthen ACSC/APF credibility while institutionalising relations with ASEAN. First, he suggested that CSOs partner with entities associated with ASEAN listed under Annex II of the ASEAN Charter. Second, go through the ASEAN accreditation process to deepen engagement with ASEAN Sectoral Bodies and the ASEAN Secretariat. Third, maintaining ASEAN s ways of diplomacy. To ensure the voice from the CSO were heard, ASEAN and CSO should work together. 4
Q&A SESSION cannot interfere in domestic issues. Moreover, it is better to use influence rather than interference in solving some critical issues. In the case of the Rohingya, it is not a religious issue but an ethnicity problem. However, if we look at Myanmar today, it has made some improvement. It has the fastest development in terms of political and human rights. They learn a lot from Indonesia. In addition, we should see ASEAN problems from ASEAN way. Not from other perpectives. We should know each other and learn from each other. Some make mistakes but we learn from it. With regards to the CSO, they need to influence their own government to have a better engagement. They can give inputs to their government on issues such as protection of undocumented migrant workers. Askabea Fadhilla - Researcher of the ASEAN Studies Program, The Habibie Center Comment No. 1 What has ASEAN done for refugees in Myanmar? ASEAN has not done anything for the Rohingya community in Myanmar. Comment No. 2 1) The Habibie Center is actually doing a project to assess the effectiveness of CSO engagement in ASEAN. We did a survey and the outcome is ambivalent. People are still looking at the engagement process as a one way process. Institutionalization of CSO engagement has not been placed at all. How is your reaction on this issue? 2) Would ASEAN instituion be willing to recognise anything that comes out of the ACSC/ APF in Timor Leste? Isman Pasha Some people are not patient enough. ASEAN holds the non-interference value so that we Yoong Yoong Lee There is a problem of irregular migrant in ASEAN. There are mechanisms in place to solve the issue. In the case of non-state actors, CSOs have strong engagement with ASEAN policy makers. There are several avenues and various mechanism to talk between CSO and ASEAN Leaders. CSOs have done 11 interface meeting with the Leaders which is incredible. This is how you get your inputs to policy makers. Mugiyanto I believe that the most important engagement is through national governments. Moreover, if you look at the foundation, everything in ASEAN should be taken by consensus. In one case, Indonesia s solution is rejected because of consensus. In the case of Rohingya, ASEAN does not deny that there is a problem. There should be regional action for the Rohingya. Nevertheless, ASEAN as a regional mechanism with certain limitation is sometime not really effective. If there are some difficulties in talking at the ASEAN level, we choose to have discussions bilaterally. With regards to the ACSC/APF in Timor Leste, ASEAN s response to the ACSC/APF in Timor Leste will be an indicator of how ASEAN 5
Q&A SESSION governments see the roles and inputs by the CSO. Indeed, institutionalization of CSO engagement in ASEAN is not sufficient yet. Comment No. 3 What would you suggest to be the key issues to discuss in the ACSC/APF meeting in Timor Leste? How do we bring the issues to policy makers? Comment No. 4 Disability issue should be a mainstream issue. Disabed people are also part of the ASEAN community in Southeast Asia. However, a lot of discrimination still happen. It is hard to make people aware with disabilitys issue in all sectors including for employees. I would like to hear how ASEAN deal with that issue? Comment No. 5 I would like to know what ASEAN is going to do to encourage its engagement with the CSO? to start to engage. Sometime our inputs are rejected, sometimes they are accepted. Working with these kind of limitation from ASEAN, dialogue and engagement is important. Mugiyanto: When you are going to have activities in Timor Leste, several issues that can be discussed are the reversals in democracy in Southeast Asia and human rights-related violence. People with disabilites should be linked to the AEC and the ASCC. It is important to note that participation and engagement from NGOs focusing on the ASCC issues are not as active as NGOs focusing on the APSC and the AEC issues. Yoong Yoong Lee: We indeed received application from CSOs. As of 78 entities, 52 CSOs are still active. CSOs are seeking effort to engage. We would encourage CSOs to recognise the different regulation betwen AIPA and AICHR. -END- Yuyun Wahyuningrum There are several key issues that need to be discussed. First, Timor Leste is the first thing we need to pay attention to. Second is the attack against human rights defender in every country. However, we cannot expect ASEAN to change dramatically. Do not lower down your voice just because your inputs got rejected. I see both AICHR and ACWC in a different direction. AICHR is looking at standard setting exercises. For example, standard setting on child protection. Since they cannot make legally binding documents, they establish norms from handbook, etc. However, we need to manage our expectation. We need progressive individual to work on those bodies. With regards to disability issue,there is a regional plan of action on disabilities. It has become one of the priorities in ASEAN. CSOs should have a valuable engagement. We need 6
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PROJECT SUPERVISOR: Rahimah Abdulrahim (Executive Director) Hadi Kuntjara (Deputy Director for Operations) HEAD OF ASEAN STUDIES PROGRAM: A. Ibrahim Almuttaqi RESEARCHERS: Fina Astriana Muhamad Arif Askabea Fadhilla FINANCE & ADMINISTRATION : Mila Oktaviani Layout and Design by Rahma ASEAN Studies Program - The Habibie Center The Habibie Center Building Jl. Kemang Selatan No.98, Jakarta 12560 Tel: 62 21 781 7211 Fax: 62 21 781 7212 Email: thc@habibiecenter.or.id www.habibiecenter.or.id www.thcasean.org facebook.com/habibiecenter @habibiecenter