Attn.
ASEAN Heads of State and Governments
Excellencies,
The International Federation for Human Rights (FIDH) wishes to congratulate you on the signing of the Charter of the Association of Southeast Asian Nations tomorrow in Singapore. Almost two years after the Kuala Lumpur Declaration on the Establishment of the ASEAN Charter, FIDH notes with satisfaction the progress made in the framework of ASEAN with the elaboration of a treaty. As a regional organization, ASEAN bears the primary responsibility to defend the principles and the aims of the United Nations Charter and its objectives for a lasting peace and development. The signature of the ASEAN Charter will contribute, in a decisive manner, to the consolidation of ASEAN institutions in the area in order to promote stability, security and prosperity.
FIDH expresses its sincere hope that the main principles and objectives of the Charter will be respected by all ASEAN members. We insist on the importance of the provisions included in the Preamble on the adherence of States “to the principles of democracy, the rule of law and good governance, respect for and protection of human rights and fundamental freedoms” as well as the purposes of the Charter “to ensure that the peoples and Member States of ASEAN live in peace […] in a democratic environment;” and “ to promote and respect human rights and fundamental freedoms, with due regard to the rights and responsibilities of the Member States of ASEAN ”. However, in the current regional context and taken into account the serious human rights violations occurring in some ASEAN Member States, we express our concern regarding the human rights mechanism established to follow-up the implementation of those principles.
FIDH, in a recent letter addressed to the ASEAN Ministers of Foreign Affairs had called for a robust, independent and effective ASEAN Human Rights Commission. We draw your attention to the importance of establishing a human rights body which should have a mandate over all human rights, as enshrined in the Universal Declaration of Human Rights. The mandate should include and guarantee the possibility to receive individual and collective complaints, following infringements of human rights in the ASEAN Member States. Furthermore, it should be an independent body composed of experts appointed following an open, inclusive and transparent process.
FIDH regrets the absence of any concrete provision on the status and the mandate of the ASEAN Human Rights Body. We note that it is not the case as regards other institutional organs of ASEAN, established by the Charter. We are deeply worried about the absence of any explicit timeframe for the adoption of the terms of reference of such a body by the ASEAN Foreign Ministers. The long term process of the establishment of a human rights mechanism in the ASEAN region has shown that, in the absence of political willingness, member states like Burma will continue to seriously breach international and regional human rights standards without strong measures by ASEAN.
Regarding the implementation mechanism, FIDH underlines its weakness and calls for its reinforcement. Despite the fact that Articles 5 and 20 do establish a process in case of serious breach by a Member State of the Charter’s provisions, the principle of consensus and the fact that the ASEAN Summit is a political organ, bear the danger to see this procedure taken as hostage by political interests and possible vetoes. Instead, FIDH would like to reiterate its proposal for the establishment of a ministerial oversight commission to supervise the ASEAN Human Rights body and follow-up the implementation of its decisions.
Excellencies,
The recent crisis in Burma and the international outcry which followed the serious human rights violations perpetrated by the Burmese military regime, has brought, once again, into the light the need for ASEAN to respond in time and effectively to crisis affecting the region. Indeed, a strong Charter, a strong human rights mechanism and consolidated ASEAN institutions will provide the necessary framework in order to resolve this crisis while engaging the international community into a genuine and constructive dialogue with all actors involved. ASEAN should not only condemn unequivocally the deterioration of the human rights situation in Burma but also exercise its pressure for the return to civil rule in the war-torn country. Now, ASEAN must seize the opportunity to prove to the international community that it is able to address these challenges. FIDH sincerely hopes that ASEAN will stand up and raise its voice for a democratic change in Burma while consolidating democracy, the rule of law and respect for human rights in the whole region.
Yours Sincerely,
Souhayr Belhassen
- President
The International Federation for Human Rights (FIDH) is an international non-governmental organisation based in Paris, bringing together 155 national human rights organisations throughout the world with the goal of promoting respect for the rights set out in the Universal Declaration of Human Rights (for more information, please see www.fidh.org).