On the eve of the 12th ASEAN Summit, FIDH and its member and partner organisations in ASEAN countries would like to shed light on two key issues of concern: the current situation of human rights defenders [1], and the use of the death penalty in ASEAN countries.
Throughout 2006, human rights defenders in a number of ASEAN states have been subjected to severe repression. They are still victims of assassination (Philippines, Thailand) or are arbitrarily arrested or maintained under house arrest (Burma, Vietnam). When human rights defenders are victims of attacks, or even killed, there is a lack of investigation and the perpetrators benefit from impunity (Indonesia). In other countries, the right to freedom of assembly is severely restricted (Cambodia, Malaysia, Singapore). In Laos, it remains virtually impossible to carry out activities in the defence of human rights because of the extremely harsh repression.
The death penalty is another issue of concern, since when it is used, it is rarely carried out in conformity with the UN Safeguards guaranteeing the protection of the rights of those facing the death penalty. Despite the global trend towards the abolition of the death penalty, of all the ASEAN countries, only two have abolished the death penalty (Cambodia, in 1989 and Philippines, in 2006). Indeed, South-East Asia is one of the main regions in the world in which the death penalty remains entrenched.
In 2005 and 2006, executions were recorded in four ASEAN countries: Indonesia, Malaysia, Singapore, and Vietnam. In the same period, in Burma, Laos and Thailand, death sentences continued to be issued, but no executions have been recorded. Brunei is considered a de facto abolitionist state, since death sentences have not been pronounced since 1957.
In addressing these serious concerns, ASEAN countries will merely be abiding by the “ASEAN Declaration”, the founding charter for the association. Indeed, the ASEAN Declaration states, in its Article 2, that the aim of the Association is “to accelerate the economic growth, social progress and cultural development (...), to promote regional peace and stability through abiding respect for justice and the rule of law”.
More generally, we consider the lack of a regional human rights charter with an effective supervisory mechanism to be a factor of destabilisation of the region, as well as a factor of impunity and unchecked state violence. We call upon the 12th Asean Summit to launch an initiative aiming at the elaboration of an Asean Charter of fundamental rights as the guiding principle of regional integration.
The objectives of the Summit are to broaden economic integration of the ten Member Countries of ASEAN, as well as to narrow the development gap among its members to quicken the pace of integration. However, no long-lasting and sustainable development can be achieved without respect for human rights, as is emphasised in the UN Charter and the Universal Declaration on Human Rights.
– For the full text of the submission and concrete recommendations to ASEAN member States, see the document below.