ASEAN Civil Society Conference
ASEAN Peoples’ Forum 2015 21-‐24 April 2015, Wisma MCA, 163, Jalan Ampang, 50450 Kuala Lumpur, Malaysia. Press Kit
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Welcome Letter from the Co-‐Chairs Background of the ASEAN Peoples’ Forum (APF) Programme Schedule Location Logistics for Travellers The ASEAN Peoples’ Forum (APF) 2015 Statement Press Releases Contacts and Support for Members of the Media 2 Welcome Letter from the Co-Chairs
Dear members of the press, We are pleased to invite you to join us in Kuala Lumpur for the ASEAN Peoples’ Forum (APF) 2015. This conference is the largest annual gathering of civil society organisations in the region, regularly attracting more than a thousand participants. At APF 2015, we will be discussing issues of regional importance including development, human rights, and democracy, and hearing from civil society activists at the forefront of their field as well as ASEAN and national government leaders. We hope that the conference will be a platform to amplify civil society’s voices, as well as to facilitate dialogue between the governments and civil society. We hope this press kit will provide you with the necessary information to attend and cover the event. We will also be happy to be interviewed in our capacity as co-‐chairs of this year’s APF. Do not hesitate to contact Yu Ren Chung at [email protected] / +6010 225 7971 if you have any questions. We look forward to working with you and to seeing you at the APF 2015. Sincerely, _______________________________________ Jerald Joseph & Yap Swee Seng Co-‐chairs ASEAN Civil Society Conference (ACSC) / ASEAN Peoples’ Forum (APF) 2015 3 Background of the ASEAN Peoples’ Forum (APF)
2015—A momentous year for ASEAN
2015 is a big year for ASEAN and the ASEAN Peoples’ Forum (APF). 2015 is a year to reflect on 10 years of engagement of civil society and ASEAN governments. The first peoples’ conference was also held in Malaysia, in 2005. 2015 is also when, by the end of the year, the ASEAN Community will be fully implemented. ASEAN governments aim for greater integration mong the 10 ASEAN countries, with regards to the ASEAN Community’s three pillars—economic, political-‐security, and socio-‐cultural. A people-centred ASEAN?
A window of engagement between government and civil society has opened under Malaysia’s chairmanship of ASEAN. Malaysia's Prime Minister and Chair of ASEAN Najib Razak has declared his vision for a "people-‐centred ASEAN". The APF 2015 committee has met with several national government and ASEAN officials to discuss the people’s regional priorities. Yet what really matters is whether ASEAN governments act on the people's concerns and recommendations. Unfortunately, ASEAN governments appear to be in a competition to outdo one another in human rights violations and regressive politics. In a joint statement representing hundreds of civil society members, the APF 2015 describes cross-‐
cutting regional priorities: (1) Development justice; (2) Democratic processes, governance and fundamental rights and freedoms; (3) Peace and security; and (4)Discrimination and inequality. ASEAN Peoples’ Forum (APF) 2015
Civil society is resolved to voice out and seek solutions to these priorities, at the ASEAN Peoples’ Forum (APF) in Kuala Lumpur this 21-‐24 April 2015. Plenary speakers include former Prime Minister Abdullah Badawi, who initiated the conference ten years ago. Additionally, 60 thematic sessions are being organised. The APF 2015 is the largest annual conference of civil society in the region, attracting over a thousand participants each year. The conference is held parallel to the ASEAN Summit—the meeting of heads of states. Visit aseanpeople.org for more details. 4 Programme Schedule
A more detailed programme will be available on aseanpeople.org. April 21, 2015 - Day 1 (Tuesday)
Solidarity Programme: Join a convoy to a field site to meet people at the grassroots level April 22, 2015 - Day 2 (Wednesday)
All Day Registration 9.00-‐1.00 pm ASEAN Women’s Forum 9.00-‐1.00 pm Witness: Hands-‐on Video Documentation of Human Rights Violation 9.00-‐4.30 pm Internet Rights and Governance in ASEAN 10.00-‐2.00 pm Exhibition Set up 1.00-‐2.30 pm Lunch 2.30-‐4.30 pm Dialogue with ASEAN Caucus for Parliamentarians 4.30-‐5.00 pm Tea Break 6.30 pm Press Conference: Regional Steering Committee 5.00-‐6.30 pm Opening of APF 7.30 pm Welcome dinner April 23, 2015 - Day 3 (Thursday)
9.00-‐10.30 am 10.30-‐11:00 am 11.00-‐1.00 pm 1.00-‐2.30 pm 2.00-‐4.00 pm 4.00-‐4.30 pm 4.00-‐6.00 pm 5.30-‐6.00 pm 6.00-‐10.00 pm Opening Plenary: Towards a People-‐Centred ASEAN Tea Break Plenary Session #2: Reclaiming the ASEAN Community for the People Lunch Parallel Thematic Sessions Series #1 Tea Break Parallel Thematic Sessions Series #2 Press Conference -‐ Regional Steering Committee ASEAN Film Festival / Creative activities April 24, 2015 - Day 4 (Friday)
9.00-‐10.30 am 10.00-‐10.30 am 10.30-‐12.30 pm 12.30-‐1.30 pm 12.30-‐1:30 pm 1.30-‐3:30 pm 3.30-‐4.00 pm 4.00-‐5.30 pm 4.30-‐5.00 pm 5.30-‐6.30 pm 6.30-‐7.00 pm Plenary Session #3: Where Should People be in the ASEAN Economic Community Tea Break Plenary Session #4: Making AEC People-‐Responsive Panel Discussion 2: People in the ASEAN Economic Community: When? Lunch Parallel Thematic Sessions Series #3 Follow-‐up Committee on ASEAN (FCAA) Presentation up to 2014 Open Space for all -‐ Moving Forward [World Café Style] Press Conference -‐ Regional Steering Committee ASEAN Walk Closing Speeches 5 Location
The main venue of the APF 2015 is Wisma MCA (163, Jalan Ampang, 50450 Kuala Lumpur). Some thematic sessions will be held at UTM Space KL (Bangunan UTMSPACE, No. 195A, Jalan Tun Razak, 50450 Kuala Lumpur), a short 7-‐minute walk from Wisma MCA. Please use the overhead crossing when crossing the road. The nearest LRT stop to both locations is the Ampang Park LRT station. 6 Logistics for Travellers
Visa Requirements
Visitors must have a national passport or other internationally recognized travel documents with a validity period of at least six months beyond the length of stay in Malaysia. Please visit www.imi.gov.my to confirm if you need a visa to travel to Malaysia. Communication
Mobile networks operate on the GSM network and roaming services are readily available. You can purchase prepaid telephone cards that are available on most flights to KL, and at the airport. Internet services are available to the public via internet cafes and at hotels, and many outlets offer free WiFi for their patrons. Malaysia's international calling code is +60. For electricity mains, Malaysia uses British type G outlets and are rated at 240V, 50Hz. Type G socket Airport Transfer
The quickest way to get from KLIA to the city is the KLIA Express; this train brings you in 28 minutes from KLIA1 or KLIA2 to the Kuala Lumpur central train station (KL Sentral) at RM35 for a one-‐way ticket. From KL Sentral, you can go by Light Rail Transit (LRT)/Monorail, bus or taxi to your hotel or destination. A direct taxi to KL town centre will take 45 minutes to 1 hour without traffic. Transportation
KL is a relatively accessible city with the LRT and the KL Monorail network to get around conveniently within the city. Air-‐conditioned buses and taxis that will take you anywhere you need to go. Nevertheless, the best way to experience the sights and sounds would be to go for a walk around town. Participants are encouraged to use public transport into the city as there is limited parking available. Participants are encouraged to take the Kelana Jaya LRT Line to Ampang Park LRT station. It is within walking distance to Wisma MCA, the main venue of APF 2015. Safety
KL is generally safe. However, please be aware of pick-‐pockets and do keep passports safe. You are encouraged to have copies for emergency situations. Withdrawing money in ATMs inside banks is encouraged, while stand-‐alone ATMs at shopping malls should be avoided. Avoid taxi driver scams by insisting on the usage of the taxi meter. Accommodation
Preferred hotels have been identified and listed on the APF website for participants to make direct bookings. Hotels along Jalan Ampang, within walking distance to Wisma MCA, are generally rated 5-‐star accommodation. For budget accommodation, participants are advised to stay in hotels around Bukit Bintang and Chinatown areas. These areas also have ample access to public transportation. For further information please visit aseanpeople.org/hotels. 7 The ASEAN Peoples’ Forum (APF) 2015 Statement
RECLAIMING THE ASEAN COMMUNITY FOR THE PEOPLE
Preamble
1.1 This ASEAN Civil Society Conference and ASEAN Peoples’ Forum marks the 10th anniversary since the first regional gathering of civil society in Malaysia. We, the civil society in Southeast Asia [1], welcome the commitment of ASEAN in the years since to establish a people-‐centric ASEAN and a peaceful, prosperous community. With deep regret and concern, the people’s recommendations submitted to ASEAN member states since 2005 have been neither implemented nor adopted in any meaningful way. 1.2 While ASEAN governments are heading towards developing the ASEAN Community’s Post-‐2015 Vision, the people of ASEAN continue to suffer from authoritarian and military regimes, increased militarisation, violence and armed conflicts, unlawful foreign interference, lack of fundamental freedoms and human rights violations, undemocratic processes, corruption and poor governance, development injustice, discrimination, inequality, and religious extremism and intolerance. ASEAN’s restrictive interpretation of the principles of state sovereignty and non-‐interference hamper the organisation’s effectiveness in addressing regional challenges, and the people remain excluded from participating fully in influencing ASEAN decision-‐
making processes. 1.3 The failure of ASEAN to meaningfully address the people’s issues is deeply rooted in the organisation’s continued adherence to a neo-‐liberal model that prioritizes corporate interests and elite groups, including state-‐owned enterprises, over the interests of the people. Our engagement with the ASEAN process is therefore anchored on a critique and rejection of deregulation, privatisation, government and corporate-‐
led trade and investment policies that breed greater inequalities, accelerate marginalization and exploitation, and inhibit peace, democracy, development, and social progress in the region. further inequality, lack of social protection, denial of basic information and communications infrastructure, environmental degradation, adverse impacts of climate change, and the systematic dispossession of the people’s access to land, water, safe and nutritious food, and other resources. Large-‐scale mining and other extractive projects; the expansion of corporate agriculture (including promotion of genetically modified organisms); corporate and commercial fisheries; and intensified aquaculture continue to violate rights of local communities in ASEAN. 2.1.2 Despite all ASEAN states’ voting in favour of the Declaration on the Rights of Indigenous Peoples (UNDRIP), “national development” continues to be used as a pretext for plundering and appropriating indigenous lands, territories, and resources. Further, nationalisation of lands owned by individuals, religious communities, and indigenous peoples justifies land grabbing and further marginalises a growing number of people who are already economically, politically, and socially disenfranchised. 2.1.3 Women’s human rights are fundamentally threatened by regressive policies and programmes that instrumentalise and exploit women in the name of development. Women, girls, and other marginalized groups continue to be trafficked and subjected to sexual and gender-‐based violence that threaten their dignity and human rights. 2.1.4 The liberalization of the labour market has increased the number of precarious jobs and will continue to adversely impact the rights of workers, especially women, and including local and migrant workers, sex workers, domestic workers, and those working in the informal sector regardless of their documented or undocumented status. 2.1 Developmental Justice
2.1.5 Forced labour migration is exacerbated by state denial of decent jobs and living wages for workers, the rights to organise and form free and independent trade unions, collective bargaining, security of tenure, social security, occupational safety, access to safe and affordable health services, including sexual and reproductive health and rights, access to quality education, protection from violence, and an effective process for holding traffickers accountable. Failure by source country governments to protect their own citizens who are exported as migrant workers, and government prosecution of workers who expose their exploitation, aggravate the likelihood of abuse and human trafficking. 2.1.1 ASEAN’s development model for regional integration, and the unequal trade and investment agreements negotiated and agreed to by member states fail to guarantee redistributive, economic, gender, social and environmental justice, or accountability. They result in 2.1.6 The regional economic integration plan does not hold corporations accountable for violations of human rights, and social and environmental standards. In fact, corporations are given increased power through investment protection measures and investor-‐state Reflecting on the past 10 years of engagement in ASEAN, and after extensive consultations [2], we reiterate our previous recommendations and highlight the following four (4) regional priorities and overarching cross-‐
cutting concerns. Regional Priorities
8 dispute settlement (ISDS) in the ASEAN Comprehensive Investment Agreement of the AEC blueprint. ISDS empowers corporations in some instances to sue governments over local laws that may be in the public interest but counterproductive to the corporate interests. 2.2. Democratic Processes, Governance and
Fundamental Rights and Freedoms
2.2.1 Over the years, ASEAN has committed itself to the regional promotion of democracy and human rights. In a true democracy, the people have the right to full, meaningful, inclusive and representative participation by the people. Through transparent governance and free, fair and public elections in a truly multi-‐party, pluralistic system shall the will of the people be expressed. Yet no effective regional consultation mechanism exists for civil society in ASEAN to participate in crafting and critiquing regional policies. There has been a systemic breakdown in electoral processes in the region; and the people’s will continues to be suppressed at both the regional and national levels. 2.2.2 An alarming number of restrictions in the region deny freedom of expression and information, freedom of religion or belief, peaceful assembly, and association, in both online and offline spaces. Laws in some countries deny the right to form civil society associations, people’s movements, independent religious institutions, political parties, and free and independent labour unions. 2.2.3 States and non-‐state actors continue to commit violations with impunity, including police brutality, torture and enforced disappearances, against civil society activists. For example, the lack of immediate and transparent investigation into the case of Sombath Somphone[3] by ASEAN governments, the ASEAN Intergovernmental Commission on Human Rights (AICHR), or any other human rights mechanisms in the region. Human rights defenders continue to be persecuted under oppressive laws, including laws against activities as “injuring the national unity”, “propaganda against the State“, “abusing democratic freedoms” and sedition laws, which deny the people safe and constructive political space. 2.2.4 Despite increasing human rights violations in Southeast Asia, no human rights mechanism in ASEAN is able to address these concerns. Both the AICHR and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) lack strong monitoring, accountability and enforcement mechanisms and fail to provide human rights protection consistent with international human rights law and standards. 2.3. Peace and Security
2.3.1 Ongoing territorial disputes and border conflicts continue to exist within the ASEAN region and between ASEAN countries and non-‐ASEAN nations. The lack of states’ commitment in comprehensively fulfilling their extra-‐territorial obligation also exacerbates cross-‐
border issues. These conflicts are often used by states to perpetuate xenophobia, misogyny, and ultra-‐
nationalism. The inability of ASEAN to bring about sustainable peace, justice and development contributes to political unrest, internal displacement, statelessness, the refugee crisis, human trafficking, forced migration, sea and maritime conflicts, human rights violations, insecure livelihood of fisherfolk in coastal regions, unfounded territorial water claims, competition for access to and control of natural resources, sexual, gender-‐based and other violence, and general human insecurities. 2.3.2 Strict adherence to non-‐interference principle allows states to act with impunity, perpetuate or disregard human rights violations, such as those against the Rohingya; Montagnard, Hmong, and Khmer Krom; Bangsamoro; Patani; Papuan and in other conflicts in the region. 2.3.3 In peace negotiations and post-‐conflict reconstruction, the region has failed to establish an inclusive and representative process that includes all affected communities and recognises the significance of contributions by women and other marginalized groups to the process. Existing dispute settlement mechanisms[4] do not cover the ambit of internal armed conflict situations and have yet to be effectively used to resolve existing disputes. There is no clear mechanism for enforcing dispute settlement agreements and no regional, legally-‐binding conflict prevention instrument or mechanism. Lack of political will results in non-‐
adherence to cease-‐fire and peace agreements. 2.3.4 State and non-‐state actors such as businesses and financial institutions who aggravate the existing crisis situation and/or commit gross human rights violations in times of conflict are not held to any regional or international framework of accountability. Moreover, military and paramilitary forces used to secure investments, such as foreign mining projects, dams, and plantations, exacerbates land grabbing, and violates the peace and security of affected communities. 2.4. Discrimination and Inequality
2.4.1 Discrimination denies the people their inherent rights and preserves the imbalance in power relations that prevent realisation of equality of opportunities, access and benefits/results. Multiple and intersectional discrimination, which can result in persecution, cuts across race, inter-‐ and intra-‐religious practices or belief, ethnicity, nationality, age, gender, class, political and economic status, ability, geographic location, HIV status, marital and pregnancy status, and sexual orientation and gender identity/expression (SOGIE). This is seen in the private as well as the public spheres of lives of the people in Southeast Asia. 2.4.2 Inequality and discrimination continue to be perpetuated, both directly and indirectly, in laws and practices of state and non-‐state actors, particularly the private sector and extremist groups. Cultural, traditional, and religious practices inconsistent with human rights standards remain unrectified by governments and are sometimes used to justify serious human rights violations. They act to impose patriarchal forms of 9 traditional norms and practices, that result in restriction and denial of a separate legal personality, increased violence particularly on the basis of gender and sexuality, and are often used to increase restriction on people’s mobility and access to public life including education, culture, sexual and reproductive health care, employment, and holding leadership positions. No clear regulation or accountability exists to address violations committed by non-‐state actors. 2.4.3 As ASEAN moves towards regional economic integration, unequal and unsustainable economic growth will result in worsening poverty, inequalities of wealth, resources, power and opportunities between countries, between the rich and the poor and between men and women. This economic inequality persistently prevents the people of ASEAN to realise the benefits of economic growth or redistributive changes. Considering these regional priorities, the civil society in Southeast Asia reiterate our previous recommendations and call on ASEAN and ASEAN members states to promptly adopt and implement the following overarching and specific recommendations: 3. OVERARCHING RECOMMENDATIONS
We urge ASEAN states to: 3.1. Uphold international human rights
principles and standards
3.1.1 Ratify and fully implement state obligations, including extraterritorial obligation under all international human rights treaties, including the Optional Protocols; withdraw all reservations, if any; and enact enabling legislation or establish other accountability mechanisms that institutionalise and support implementation. All states to uphold the principle of non-‐derogation by reforming and repealing all laws that undermine the right to life, liberty and dignity, including death penalties. 3.1.2 ASEAN human rights instruments must strictly adhere to international law and universal principles and standards of human rights. 3.2. Ensure accountability to all people of
ASEAN
3.2.1 Protect, promote, fulfil, and realise the individual and collective human rights of all peoples, especially the more vulnerable and marginalised. This includes extraterritorial obligations and recognition of primacy of universal principles of human rights over and above all other obligations. 3.3. Strengthen the mandate of AICHR, ACWC,
ACMW (ASEAN Declaration for the Promotion
and Protection for the Rights of Migrant
Workers) and future human rights mechanisms
3.3.1 Strengthen the terms of reference of these bodies to include the capacity to conduct onsite country visits and investigations, issue binding recommendations to member states, provide for periodic peer reviews on human rights conditions, set up working groups on emerging thematic issues, receive and address complaints, and institutionalise an inclusive framework of engagement with all relevant stakeholders, particularly civil society, national human rights institutions (NHRIs), and victims/affected communities. 3.3.2 Adhere to the principle of transparency, impartiality and independence, and also as prescribed in the terms of reference of the AICHR and the ACWC[5], and ensure that appointees meet minimum requirements such as expertise in a human rights field, good human rights track record, and the ability to discharge their duties with integrity, probity and independence. 3.3.3 Develop a transparent, participatory, and inclusive process involving civil society, NHRIs, and relevant stakeholders in their selection and appointment. 3.4. Enshrine international commitments in
the ASEAN Community’s Post – 2015 Vision[6]
3.4.1 Ensure the standards and elements in the proposed ASEAN Community’s Post-‐2015 Vision and ASEAN Development Goals meet human rights international commitments and do not undermine universal principles of equality and non-‐discrimination. Commit to a framework that aims to dismantle rules and systems that enable the gross inequalities of wealth, power, and resources between countries, between rich and poor, between men and women and other social group. Adopt an inclusive and constructive modality of engaging civil society in the drafting process, and in the monitoring of the implementation of the Post-‐2015 vision. 4. RECOMMENDATIONS SPECIFIC TO THE
CONTINUING REGIONAL PRIORITIES
ASEAN and members states should: 4.1. Ensure Development Justice
4.1.1 Develop the ASEAN Community integration that is rooted in values that promote cooperation, active contribution to development, self-‐responsibility and accountability of civil society organisations, and development justice that ensures redistributive[7], economic[8], environmental[9], gender and social justice[10], as well as accountability[11]. 4.1.2 Put in place accountability mechanisms that are binding on both state and private actors, and that recognise and enhance the rights of all people of ASEAN. This includes: ensuring that all poverty reduction measures harmonise with ecological and environmental sustainability; signing up to initiatives such as the Open Government Partnership that adhere to the UN Guiding Principles on Business and Human Rights; ending land expropriation policies under the guise of economic development that have resulted in devastating impact to indigenous peoples and their ecology; and introducing laws that respect individuals’ private ownership and communities’ collective ownership of lands. 10 4.1.3 Guard against extensions of intellectual property rights in national or regional trade agreements that restrict access to seeds, free and affordable medicines and healthcare, as well as information including public research and creative content, and which may undermine public health, farmers’ rights, traditional knowledge and practices of indigenous peoples, and the right to information commons among other undesirable effects. 4.2. Protect Democratic Processes,
Governance, and Fundamental Rights and
Freedoms
4.1.4 Establish the Environmental Pillar and adopt a common position on climate change, emphasising common but differentiated responsibilities, and defend it at the 21st Conference of the Parties. Incorporating the principles of the United Nations Framework Convention on Climate Change and the Rio Declaration, ASEAN should undertake regional collaboration in terms of adaptation and mitigation, focus on the protection of food sovereignty, and increase use of renewable energy and provision of long-‐term finance, especially for mitigating loss and damage. 4.2.2 Immediately reform all constitutions and laws that restrict or deny full civil and political participation of its people in democratic and other processes, including those in accordance with the Bangkok Declaration on Free and Fair Elections, and institute laws that promote greater transparency and people’s participation in governance, including the right to form political parties and opposing voices. 4.1.5 Provide lawful recognition to indigenous peoples as citizens with collective equal rights to free, prior and informed consent, and to lands, territories, and resources as recognised in UNDRIP and other international instruments including the Outcome Document of the World Conference on Indigenous Peoples. 4.1.6 Ensure that trade policy-‐making and negotiations are transparent and consistent with human rights obligations, particularly at the local level. This includes: Involving input from civil society and social movements, including those representing farmers, women, youth, LGBTIQ persons, rural communities, and workers in the design, implementation and monitoring of aid modalities, development programmes and strategies. 4.1.7 Adopt domestic laws and policies in adherence to international human rights treaties and ILO norms and standards in anticipation of the open labour market under the 2015 ASEAN Economic Community. This includes: ensuring workers have the rights to job security, decent work, and living wage, equal pay for work of equal value, safe and secure working environments with gender equality, collective bargaining, and trade unions; relieving women of the burden of unpaid care and domestic work through the provision of social care services and infrastructures, social protection policies, and the promotion of shared responsibility within the family and the community; and eliminating child labour, forced labour, human trafficking, and government labour export programmes that exploit migrant labour, increase propensity towards international marriage brokerage for commercial purposes and result in human trafficking. 4.1.8 Adopt a binding legal instrument in line with international human rights standards to protect and promote the rights of all migrant workers and their families regardless of their immigration status. 4.2.1 Commit to and establish mechanisms to ensure meaningful and substantive participation, inclusion and representation by all people in ASEAN in all processes at both the national and regional levels without prejudice or restrictions. 4.2.3 End human rights violations and persecution targeted at human rights defenders and activists. This includes: repealing laws restricting freedom of expression, both online and offline, and freedom of religion or belief; releasing those imprisoned or detained under such laws; reforming laws restricting free and open access to information; immediately signing, ratifying and implementing measures aligned with the International Convention for the Protection of All Persons from Enforced Disappearance and the UN Human Rights Council Resolution on Protection of Human Rights Defenders; and banning and punishing all forms of violence committed by state and non-‐state actors including police brutality, torture and enforced disappearances. 4.3. Commit to Peace and Security
4.3.1 Demonstrate commitment to comprehensive and collective security as stated in the ASEAN Political-‐
Security Blueprint through cutting military spending, ensuring accountable and transparent utilisation of state budgets for community development, and providing an enabling environment for women’s meaningful participation and representation in decision-‐making processes, including support for women’s leadership, and community education to counter all forms of sexual-‐ and gender-‐based discrimination and violence. 4.3.2 Establish a Dispute Prevention and Settlement Mechanism as a regional instrument for preventive and emergency response. Specifically, approve inclusion of a preventive clause in the existing Dispute Settlement Mechanism[12] in the next review of the ASEAN Charter. 4.3.3 Act in strict adherence to the principles of peace and security enshrined in the UN Charter and ratify and/or implement all international human rights laws, international humanitarian laws, particularly the Geneva Conventions, the Convention Relating to the Status of Refugees and the 1967 Protocol, as well as the Convention relating to the Status of Stateless Person, their obligations under the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, and the Rome Statute of the International Criminal Court, and 11 put in clear measures as part of their national jurisdiction to prosecute war crimes, crimes against humanity and genocide. 4.3.4 Ensure that justice and reparation systems conform to international human rights frameworks, including the Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity (2005), which is premised on the right to know, the right to justice, and the right to reparation/guarantees of non-‐recurrence. 4.3.5 Recognise the significant contributions of women and indigenous peoples in peacebuilding and post-‐
conflict rehabilitation and reconstruction processes. This includes: developing and implementing National Action Plans on Women, Peace and Security according to the principles enshrined in the UN Security Council Resolution 1325 on Women, Peace and Security, Security Council Resolutions 1820 and 1888, CEDAW and General Recommendation 30; providing effective and timely remedies for different types of violations experienced by all women and children and adequate and comprehensive reparations; and address all gender-‐
based violations, including sexual and reproductive rights violations, domestic and sexual enslavement, forced marriage, and forced displacement in addition to sexual violence, as well as violations of economic, social, and cultural rights. 4.3.6 Resolve issues of territorial disputes and border conflicts under the principle that resources beyond the limits of national jurisdiction are to the common heritage of all peoples and nations. This includes: working with all related parties and countries to settle disputes only by peaceful means, in accordance with international law, including the UN Charter, UN Convention on the Law of the Sea, the ASEAN Charter, the Declaration on the Conduct of Parties in the South China Sea, and achieve at the earliest the Code of Conduct in the South China Sea; resolving issues of sea and maritime under the principle that the high seas are open to all States, and that no state may validly purport to subject any part of the high seas to its sovereignty. Lastly, exploring joint administrations by contending states over disputed areas. 4.4. End discrimination and Inequality
4.4.1 Immediately adopt the definition of “non-‐
discrimination” defined by international human rights law, particularly the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRPD); and immediately eliminate all forms of discrimination, including discrimination on the basis of race, inter-‐ and intra-‐religious practices or belief, ethnicity, nationality, age, gender, class, political and economic status, ability, geographic location, HIV status, marital and pregnancy status, and sexual orientation and gender identity/expression (SOGIE). 4.4.2 Recognise multiple sites and intersectionality of discrimination and realisation of substantive equality through guarantees of equal opportunities, equal access and equal benefits to all peoples, from all sectors, including, women, LGBTIQ persons, children, and youth. 4.4.3 Eliminate public morality clauses and cultural relativist justifications used to deny and violate rights of the people, especially women, LGBTIQ persons, and other marginalized and vulnerable groups; and create accountability mechanisms especially to address violations by non-‐state actors. 5. CONCLUSION
5.1 We, the civil society of Southeast Asia, guided by the principles of human rights, democracy, good governance, rule of law, non-‐discrimination, substantive equality, progressiveness and non-‐retrogression, remain united in our quest for a regional development in Southeast Asia that upholds democracy, peace and security, individual and collective human rights, and sustainable development, for a transformative and “people-‐centred ASEAN”. 5.2 We, therefore, reiterate our previous recommendations and call on all ASEAN member states to seriously consider these continuing regional priorities and recommendations, and immediately adopt positive measures to implement them. 12 Notes to the Statement
[1] The ASEAN civil society is represented by various civil society organisations, community-‐based organisations, NGOs, social movements of women, children and youths, migrant workers, formal and informal workers from both urban and rural sectors, persons with disabilities, trade unions, sex workers, indigenous peoples, ethnic minorities, peasants, small-‐scale fisher folks, refugees and stateless persons, domestic workers, lesbian gay transgender/transsexual intersex and queer (LGBTIQ) people, human rights defenders and other groups. [2] This statement was adopted at the 3rd ACSC/APF 2015 Regional Consultation (23 – 24 January 2015) in Malaysia. This was preceded by the 1st Regional Consultation on 24 – 25 September 2014 and the 2nd Regional Consultation on 11 – 12 December 2014, respectively. The drafting of the statement has also gone through a rigorous consultation process through national and regional thematic groups. [3] Sombath Somphone, an internationally acclaimed community development worker and prominent member of Lao civil society, went missing on 15 December 2012, when police stopped his vehicle at a checkpoint in the capital. He was then transferred to another vehicle, according to police surveillance video, and has not been heard from since. Reports say that the Lao government continues to deny responsibility for his disappearance. [4] 1976 Treaty of Amity and Cooperation (TAC), signed at the first ASEAN Summit on 24 February 1976 in Denpasar, Bali; 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism, adopted by the Economic Ministers at the 10 ASEAN Summit in Vientiane, Laos on 29 November 2004; 2010 Protocol to the ASEAN Charter on Dispute Settlement Mechanisms, adopted in Hanoi, Vietnam on 8 April 2010 [5] TOR of the AICHR Chapter 5, and TOR of the ACWC Chapter 6. [6] Nay Pyi Taw Declaration on the ASEAN Community’s Post-‐2015 Vision, Nay Pyi Taw, 12 November 2014 [7] “Redistributive justice” aims to reduce inequalities between and within countries, among women and men, and among different social and ethnic groups through policies that redistribute resources, wealth, power and opportunities. [8] “Economic justice” aims to develop economies that enable dignified lives, accommodate for needs and facilitate capabilities, employment and livelihoods available to all. [9] “Environmental justice” recognises the historical responsibility of those responsible for human rights violations, increased global warming and environmental disasters and compels them to alleviate and compensate marginalised groups who suffer from their actions. [10] “Gender justice and social justice” eliminate all forms of discrimination, marginalisation, exclusion and violence. [11] Accountability to the people’s demands for democratic and just governments, transparency, and governance enables the people themselves to make informed decisions over their own lives, communities and future. [12] 2010 Protocol to the ASEAN Charter on Dispute Settlement Mechanisms. Adopted in Hanoi, Vietnam on 8th April 2010. 13 Press Releases
ASEAN’S LARGEST CIVIL SOCIETY FORUM HANDS OFFICIAL STATEMENT TO
ASEAN GOVERNMENTS
Press release, 24 January 2015 PETALING JAYA. ASEAN’s largest civil society forum released a collective statement today. The statement highlights “regional priorities and overarching cross-‐cutting concerns” issues, and also provides recommendations to address them. The statement, by the ASEAN Peoples’ Forum (APF) 2015, was released ahead of the ASEAN Foreign Ministers’ Meeting, taking place on 26 and 27 January. “We hope that through this statement, voices of all people will be heard by ASEAN leaders. ASEAN policies must benefit its most marginalized communities, not work against them,” said Wathshlah Naidu of Women’s Aid Organisation in Malaysia, who led the drafting process of the statement. “ASEAN seeks to realize the ASEAN Economic Community by the end of this year. Our message has never been more urgent,” she added. The statement, titled “Reclaiming the ASEAN Community for the People”, highlights four regional priorities: 1. Development justice; 2 .Democratic processes, governance and fundamental rights and freedoms; 3. Peace and security; and 4. Discrimination and inequality. The APF is an annual conference that attracts thousands of civil society members from across ASEAN. More than 3,000 people attended the 2014 conference in Myanmar. The conference is held parallel to the ASEAN Summit. APF 2015 will be held in April in Malaysia. 14 “This statement is a result of months of discussions among ASEAN civil society. Draft statements were circulated to hundreds of civil society members, and discussed at three regional consultations attended by dozens of civil society representatives,” explained Gia Hartman of Coalition to Abolish Modern-‐day Slavery in Asia, a regional organization. Hartman co-‐chaired the drafting process of the statement. “With a diverse group of people championing such different issues, we naturally had some disagreements during the drafting process. But in the end, we managed to come together based on our modalities of engagement, which are independence, transparency, accessibility, representation, participation, diversity, and inclusivity. It is the tenth year that ASEAN civil society is organizing this conference. The first conference was held in Malaysia during Malaysia’s previous chairship of ASEAN in 2005. “At previous APFs, we drafted the statement during the conference itself, and the statement would be handed to ASEAN governments at their Summit,” explained Jerald Joseph of Pusat Komas in Malaysia, the chair of APF 2015. “However, this year we are releasing the statement at the ASEAN Foreign Ministers’ Meeting, a few months ahead of the Summit. We hope this will allow ample time for open and constructive dialogue between governments and civil society representatives, so that the peoples’ voices are included in ASEAN’s decision-‐making process,” he added. The statement will be followed by a summary of recommendations made to ASEAN governments by the APF each year, since 2005. Soe Min Than of Singapore-‐based Think Centre said, “Malaysia’s Prime Minister Najib Razak pledged to ‘make ASEAN as close as possible to the people’. We’re hoping that ASEAN governments will meet us at the ASEAN Foreign Ministers’ Meeting to receive and discuss the statement.” Prime Minister Najib Razak made this pledge during the handing over ceremony of the ASEAN Chairmanship from Myanmar, in November last year. “They haven’t agreed to meet us yet—but our doors are still open if they change their mind.” BURMESE HUMAN RIGHTS ACTIVIST DETAINED AT THE AIRPORT, BANNED
FROM ENTERING MALAYSIA
Press statement, 28 January 2015 Burmese Human Rights Activist Detained At the Airport, Banned from Entering Malaysia ASEAN Civil Society Conference (ACSC) / ASEAN Peoples’ Forum (APF) 2015 Malaysian National Organising Committee and SUARAM strongly condemns the arrest, detention, deportation and use of violence towards Aung Naing Win, better known as Shine, the Myanmar based human rights activist who has been campaigning for democracy and interfaith relationships/marriages in his country. He was deported back to Myanmar on 23 January 2015, 2 days after his flight landed in Malaysia. 15 Shine, a Burmese Muslim, works as a Country Coordinator for Malaysian Relief Agency (MRA) in Myanmar as well as a Founder and President of Interfaith Youth Coalition on Aid in Myanmar. Shine was on his way to participate in the third regional consultation meeting for ASEAN Civil Society Conference (ACSC) / ASEAN Peoples’ Forum (APF) 2015, held in Selangor on 23 and 24 January. The ACSC/APF is an annual forum of civil society organisations in ASEAN Member States, which is held as a parallel meeting to the ASEAN Summit of Heads of State. This year a coalition of Malaysian civil society organizations coordinated by SUARAM and Pusat KOMAS are hosting the forum in Malaysia. Shine arrived at Kuala Lumpur International Airport on the night of 21st January at around 8.15 pm and was stopped and detained by the immigration department. The immigration officer, however, did not inform Shine as to why he was denied entry into Malaysia. When first asked by a friend of Shine’s about the reasoning behind the detainment, the immigration officer explained that it was a case of mistaken identity because he shares the same name as another person on the blacklisted name list. The immigration department said that they would investigate the case and release him the next day. Nonetheless, when contacted again the next morning, the immigration officer took a different stance and held that Shine is blacklisted and would be deported back to Myanmar. This came as a shock as Shine had been travelling with legitimate documents and is a frequent traveller to Malaysia for meetings with MRA and for APF regional consultation meetings, without any issues from immigration. When contacted, Shine allegedly reported that he was not given any food and water by the officer for more than 12 hours. Shine went on to say that when he asked for food and water from an immigration officer at around midnight, instead of attending to his need, the officer named “Fiqri” allegedly slapped and punched him in front of the other 100 over detainees. Shine’s attempt to rationalise with the officer was blatantly ignored and, worst yet, the beating and punching went on and on. After the first phone call to Shine on 23 January morning, the immigration officer had then prohibited lawyers and friends from speaking to Shine for “security” reasons. We strongly object to such ill-‐treatment and abuse of power by the immigration department. Whatever the allegations against him, the immigration officers have no right under national or international law to abuse Shine and deny him his rights. Such blatant abuse of power is unacceptable, unwarranted, and unjustifiable. There are absolutely no legitimate grounds for blacklisting Shine or detaining him. It is ludicrous to hold a human rights activist as a threat to “security” and subject him to ill-‐treatment by enforcement officers. Malaysia has had a horrendous track record in its brute treatment and gross abuse of power, especially by law enforcement officers towards foreigners, be it asylum seekers, refugees or migrant workers. The inhumane actions and blatant disregard of national laws guarding individual liberty by the immigration department is in fact convicting a widespread belief that the officers had failed to uphold their role as public servants. Instead, such abusive behavior, by the officers is in fact a threat to our freedom and liberty that are fundamental to a healthy and democratic society. Such incident should not have happened especially since Malaysia is now the Chair of ASEAN and will be hosting a series of important ASEAN meetings in Malaysia, including two ASEAN Summits in 2015. The act of the Immigration Department of Malaysia is not only shameful, but a serious violation of the ASEAN Charter that guarantees respect and protection of human rights for all ASEAN citizens. As the Chair of ASEAN, the government must lead by example and uphold the ASEAN Charter by investigating 16 and bringing the immigration officers accountable for the violent abuse and ill-‐treatment against Shine to justice. The ACSC/APF 2015 Malaysian National Organising Committee and SUARAM also calls on the government to investigate and explain publicly the blacklisting, arrest and detention of Shine. Otherwise, Shine should be removed from the blacklist. APF 2015 OFFICIALLY HANDS STATEMENT TO ASEAN GOVERNMENTS AND
GOVERNMENT OF MALAYSIA
Press release, 18 February 2015 L-‐R -‐ Ambassador Jojie Samuel, Jerald Joseph, MOFA Sec-‐Gen Othman Hashim, Raja Azraff, Sumitha Shaanthinni Kishna, Pang Khee Teik.jpg PUTRAJAYA. The Ministry of Foreign Affairs Malaysia officially received the statement of the ASEAN Peoples’ Forum (APF), at a meeting between the two at Wisma Putra yesterday. The Ministry received the statement on behalf of the ASEAN governments and the Government of Malaysia. In a press conference today Jerald Joseph of Pusat Komas, the co-‐chair of APF 2015, stressed the forum’s hopes for meaningful consideration by the ASEAN governments. L-‐R -‐ Jerald Joseph, MOFA Sec-‐Gen Othman Hashim, Ambassador Jojie Samuel 17 “Receiving the statement is a good step by the ASEAN governments. We are pleased that the window of engagement has opened under Malaysia’s chairship.” He added, “What really matters is that our concerns and recommendations are acted upon, and we look forward to continue the engagement with ASEAN governments towards this aim.” Sumitha Shaanthinni Kishna of the Migration Working Group, a member of the APF 2015 organising committee, who also met with the Ministry, added, “This is an opportunity for Malaysia, as chair of ASEAN, to lead by example and ensure that civil society’s input is considered by all ASEAN governments. We hope that civil society from all the ASEAN countries will not be stopped from attending the forum and speaking freely.” L-‐R -‐ Raja Azraff, Sumitha Shaanthinni Kishna, Ambassador Jojie Samuel, Jerald Joseph, MOFA Sec-‐Gen Othman Hashim Othman Hashim, the Secretary-‐General of the Ministry of Foreign Affairs, met with the APF 2015 delegation. As Malaysia is the chair of ASEAN this year, Malaysia’s Ministry of Foreign Affairs received the statement on behalf of the foreign ministers of the ten ASEAN countries. The Ministry will officially pass on the statement to its counterparts, as agreed upon at the ASEAN Foreign Ministers’ Meeting in January this year. “The Secretary-‐General assured us that ASEAN will continue to interact with civil society organisations including the youth in order to move the region towards a people-‐centred ASEAN,” said Raja Azraff of Akademi Belia, also a member of the APF 2015 organising committee. “In the coming months, we hope to see this assurance realised, not only by the Malaysian government, but by all ASEAN governments,” he added. APF 2015 had also met with and handed the APF statement to Paul Low Seng Kuan, Minister in the Prime Minister’s Department, who holds the human rights portfolio. A meeting scheduled with Shafee Abdullah, Malaysia’s representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR), has been postponed to early March. The APF 2015 statement, entitled “Reclaiming the ASEAN community for the people”, highlights key regional issues like development justice; democratic processes, governance and fundamental rights and freedoms; peace and security; and discrimination and inequality. 18 Malaysia will play host to this year’s civil society conference from 21 to 24 April. The APF is an annual conference that attracts thousands of civil society members from across ASEAN. The conference is held parallel to the ASEAN Summit. ASEAN CIVIL SOCIETY DECRIES ATTACKS ON HUMAN RIGHTS DEFENDERS;
ENCOURAGES REGISTRATION FOR ACSC / APF 2015
Press release, 14 March 2015 PETALING JAYA. Organisers of the ASEAN Peoples’ Forum (APF) 2015, the largest civil society gathering in the region, have expressed serious concerns about recent and on-‐going attacks on human rights defenders across ASEAN. Gus Miclat of the Initiatives for International Dialogue (IID) noted his concern on the recent arrest of more than a hundred protestors, including students, in Myanmar. “The students were merely asserting their basic rights to expression and assembly. Instead of listening, the government arrested them,” said Miclat, a member of the APF 2015 Regional Steering Committee. “Many have hoped that the opening up of Myanmar would lead to improvements in human rights. This is another incident that sadly illustrates the contrary,” said Dr. May Shi Sho of one Myanmar NGO. Dr. May is also a member of the Regional Steering Committee of APF 2015. “Unfortunately, crackdowns like this are cross-‐cutting concerns among ASEAN countries,” said Jerald Joseph of Pusat Komas, who is the Chair of the APF 2015. “In Malaysia over the past few months, we have seen wave after wave of investigations, arrests, and criminal charges against activists and political opposition. The draconian Sedition Act has been used to silence any form of threat to the government,” he added. Mugiyanto, of the International NGO Forum on Indonesian Development, added, “Last month, Indra Pelani, a farmer and land rights activist from Indonesia, was murdered.” Pelani had been shot, seemingly by security guards of a subsidiary company of Asia Pulp and Paper. 19 Mugiyanto added, “There are numerous cases where human rights defenders have just disappeared. Somchai Neelapaijit in Thailand, Sombath Somphone in Laos, and Jonas Burgos in the Philippines—
where are they?” “We are observing, across ASEAN countries, that there is dangerous negation of democratic processes. This is one of the key issues we highlight in our APF 2015 Statement,” said Joseph. The APF 2015 statement, entitled “Reclaiming the ASEAN community for the people”, highlights key regional concerns including: “democratic processes, governance and fundamental rights and freedoms.” ASEAN governments officially received the statement from APF 2015 last month. Subsequently, the APF 2015 organising committee held several meetings to discuss the statement with ASEAN officials, including Dr. AKP Mochtan, the Deputy Secretary-‐General of ASEAN, and Shafee Abdullah, Malaysia’s representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR). The ACSC/APF 2015 will be held on 21-‐24 April 2015, at Wisma MCA in Kuala Lumpur. Registration is open for local and national NGOs, regional groups, international NGOs, embassies, and international institutions. Members of the public are also welcome to register and attend APF 2015. Registration can be done at www.aseanpeople.org/register 20 Contacts and Support for Members of the Media
During the APF 2015 at Wisma MCA, members of the media will be provided with: Free registration for journalists working with media organisations: aseanpeople.org/register • Access to press conferences by plenary session speakers and APF 2015 organising committee members • Use of a media centre, including limited workspace, coffee, scanning and printing facilities • Access to wifi • Support by APF 2015 organisers to identify interviewees • A media identification tag For media related questions, or to set up interviews with APF 2015 organising committee members from the 10 ASEAN countries, please contact: Yu Ren Chung Co-‐chair, APF media committee [email protected] +6010 225 7971 For questions relating to logistics, please email [email protected]. You may also with to contact and interview members of the APF 2015 Regional Steering Committee, from the 10 ASEAN countries: 1. Malaysia
4. Singapore
Mr. Jerald Joseph (CHAIR) Pusat Komas [email protected] Mr. Soe Min Than Think Center [email protected] Mr. Yap Swee Seng KLSCAH [email protected] Mr. Sinapan Samydorai Think Centre [email protected] 2. Thailand
5. Μyanmar
Ms. Wanun Permpibul Climate Watch Thailand [email protected] Μr. Aung Myo Min Equality Myanmar [email protected] Ms. Parinya Boonridrerthaikul Amnesty International Thailand [email protected] Dr. May Shi Sho Karen Development Network [email protected] 3. Philippines
6. Cambodia
Mr. Eduardo C. Tadem Freedom from Debt Coalition [email protected] Mr. Pen Somony Cambodian Volunteers for Society/Secretary of CCWA [email protected] Ms. Jelen Packarin Women’s Legal and Human Rights Bureau / SEA Women’s Caucus [email protected] Mrs. Prok Vanny Working Group for Peace (WGP) [email protected] 21 7. Laos
13. Regional
Dr. Maydom Chnathanasine [email protected] Mr. Gus Miclat Initiatives for International Dialogue (IID) [email protected] 8. Vietnam
Ms. Nguyen Thi Hoang Van The Vietnam Union of Friendship Organizations (VUFO) / Vietnam Peace and Development Foundation (VPDF) [email protected] Mr. Pham Van Chuong Vietnam Committee for Asian-‐African-‐Latin American Solidarity and Cooperation [email protected] 9. Brunei Darussalam
Pengiran Datin Paduka Hajah Mariam Pg Hj Matarsat President of the Council of Women of Brunei Darussalam & Deputy President of Brunei Malay Teachers’ Association [email protected] Datin Hjh Siti Hajar bt Pehin Hj Md Yusof President of Pertiwi Association / Co-‐Chair of Brunei CSO Network [email protected] 10. Indonesia
Ms. Anna Arifin Arus Pelangi [email protected] 11. Regional
Ms. Reileen Dulay Asia Pacific Forum on Women Law and Development (APWLD) [email protected] Mr. Mark Barredo ASEAN Youth Forum [email protected] 12. Regional
Ms. Nalini Singh Asia Pacific Resource and Research Centre for Women (ARROW) [email protected]