ASEAN Human Rights Declaration: A Decade of Mixed Results
Twelve years ago, the Association of Southeast Asian Nations (ASEAN) adopted the ASEAN human Rights Declaration (AHRD), a landmark document aiming to establish key human rights standards across the region. But a decade later, its impact remains a complex and often contradictory story.
While the AHRD’s adoption marked a importent step towards integrating human rights into the ASEAN framework, its effectiveness has been hampered by the political realities of the region. Many ASEAN member states do not fully meet the criteria for democratic governance, including multi-party systems and free and fair elections. This has significantly influenced the bloc’s often hesitant approach to civil and political rights.
From its inception, the AHRD faced criticism for its perceived shortcomings. A supplementary statement, the phnom Penh Statement, accompanied its adoption, emphasizing that implementation “must be consistent with international law, notably the Universal Declaration of Human Rights and the human rights treaties to which ASEAN countries are party.”
The AHRD, drafted by the ASEAN Intergovernmental Commission on Human Rights (AICHR), encompasses six parts: general principles, civil and political rights, economic, social and cultural rights, the right to advancement, and the right to peace and cooperation. It’s noteworthy for including references to non-discrimination against persons with HIV, and its emphasis on development and peace has taken on new meaning in the context of climate change. The UN’s recognition of the right to a clean, healthy, and sustainable environment further underscores the AHRD’s forward-thinking aspects.
The AICHR’s current workplan (2021-2025) cites the AHRD approximately twenty times, demonstrating its continued relevance. As a notable example, the AICHR is developing a draft declaration on the right to a healthy environment, encompassing procedural and substantive rights, as well as formal and informal remedies. This initiative also aims to counter Strategic Litigation Against Public Participation (SLAPP) suits, which often stifle public interest advocacy.
However, the AHRD is not without its ambiguities. Critics point to its emphasis on human “duties” over rights, and its allowance for national contexts to possibly override international human rights standards. This has led to concerns about the prioritization of “Asian Values,” sometimes used to justify restrictions on individual rights in favor of collective interests. Furthermore, the AHRD’s stipulation that rights must be exercised in accordance with national law, rather than international human rights law, has been a source of contention.
The declaration’s omission of the universal right to freedom of association and its emphasis on cooperation over accountability are also significant shortcomings. “These are not easy ambiguities to resolve,” acknowledges one AICHR member (name withheld for anonymity).The AICHR has attempted to mitigate some of these issues,with members issuing statements against excessive human rights restrictions,particularly in relation to the situation in Myanmar.
The recent International Criminal Court’s issuance of an arrest warrant for the Myanmar military leader, accused of international crimes, highlights the limitations of the AHRD’s impact. The AHRD’s infrequent citation outside of ASEAN underscores its limited effectiveness as a tool for substantive human rights protection. Finding solutions requires a broader approach than solely relying on ASEAN mechanisms.
The future of the AHRD hinges on addressing its inherent contradictions and strengthening its enforcement mechanisms. Only then can it truly fulfill its potential as a protector of human rights across Southeast Asia.
ASEAN Human Rights: Time for a Modernization Push
The ASEAN Human Rights Declaration (AHRD) holds immense potential, but its impact remains limited.To truly become a catalyst for positive change, the AHRD needs a significant overhaul, argues a leading human rights expert. Instead of simply validating existing practices,the declaration must actively drive progress,aligning with international human rights standards and addressing emerging challenges.
The expert emphasizes the need for creative interpretation of the AHRD to ensure compliance with international human rights law,referencing the various treaties relevant to ASEAN member states and the UN’s Universal periodic Review process. This peer-review mechanism provides crucial feedback and recommendations for enhancement, offering a roadmap for enhanced human rights protection across the region.
“Its provisions must be interpreted creatively to comply with international human rights law, as represented by the various human rights treaties pertinent to member countries and the UN’s Universal Periodic Review,” the expert states. This proactive approach is vital for ensuring the AHRD’s effectiveness.
Specific rights within the AHRD require focused attention and robust implementation.Such as, the right to privacy necessitates the enactment of extensive personal data protection laws across all ASEAN nations. The expert highlights the urgent need for preparedness in the face of rapidly advancing artificial intelligence technologies, particularly concerning the potential misuse of data through discriminatory practices like “social scores.”
Internally, the AHRD could serve as a powerful tool for regular assessment, acting as a “sustained, periodic scorecard” to monitor compliance by ASEAN institutions and member states. This ongoing evaluation would ensure accountability and drive continuous improvement.
as ASEAN moves towards its Vision 2045, a strategic reconfiguration of the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the AHRD itself is essential. This modernization must equip these bodies to effectively address the increasing complexities and vulnerabilities of the global landscape.
“Looking ahead, as ASEAN plans its next steps toward its Vision 2045, it should thus be time for reconfiguration: to review and adjust well both the functions of AICHR and AHRD for a more progressive future, interfacing with a world of increasing precarity,” the expert concludes. This call to action underscores the urgency of adapting the AHRD to meet the challenges of the 21st century.
The author is a professor emeritus at the Faculty of Law of Chulalongkorn University in Bangkok and a UN Special Rapporteur under the UN Human Rights Council, Geneva.
