Clinton eyes Vietnam trade, rights as US pushes exports

11 July 2012
By Mu Sochua

Sec. Clinton will continue to put her firm believe in human rights and democracy in Cambodia. I am positive.

The message she carries with her at all high level meetings is her commitment to her constituency when she addressed the thousands of women who attended the 4th World Conference in Beijing in 1995. She was then, US First Lady. Her words that brought light to the women in beijing and the world over: Women's rights are human rights.

Her message to Vietnam yesterday is very clear and one does not even have to read between the lines: human rights first. Sustainable growth needs democracy.

Her call to Vietnam to open up comes not from just pressure, it comes from the global trend and from the US having learned from past mistake: supporting dictatorship in Egypt and other parts of the world is going against the real will of the people who want first a democratically elected government.

Vietnam needs to expand his growth through exports, with solid investments from the US. Sec. Clinton has come to the ASEAN meetings with a core group of high level US investors. What is her message?

We wish for nothing more than a sustainable Cambodia and that begins with the same story: human rights and democracy. Prime Minister Hun Sen has given our people and the region a taste of development with no respect to human rights, and still the strong man wants to set the scenario for the 2013 general elections by keeping away the main contender: Sam Rainsy.

Time has come for the international community to commit itself to the core values of democracy and human rights. Another five years of aid to Cambodia with the current status quo approach would be a serious failure of aid and development.

Sec. Clinton will have the same message of hope for the people of Cambodia. Sec. Clinton will have the same warning for the government of Cambodia: respect for human rights and free and fair elections. She said it when she met with Cambodia's foreign minister at her office last month. A strong ASEAN must be ASEAN with democracy.

With change, Cambodia has a chance.

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Clinton eyes Vietnam trade, rights as US pushes exports

11 July 2012

By Jo Biddle | AFP

US Secretary of State Hillary Clinton speaks in a press conference with Vietnamese Foreign Minister Pham Binh Minh at the Government Guest House in Hanoi. Clinton met with Vietnam's top communist leaders Tuesday for talks aimed at boosting trade as the US seeks to shore up its stuttering economy with an Asia-focused export drive

US Secretary of State Hillary Clinton (L) and Vietnam's Prime Minister Nguyen Tan Dung shake hands at the Government Office in Hanoi. Clinton made a strong push for improved human rights

US Secretary of State Hillary Clinton (L) is greeted by Vietnam's Foreign Minister Pham Binh Minh at the Government Guest House in Hanoi. Clinton witnessed the signing of two deals between General Electric and Vietnam's biggest state-owned telecoms group Vietnamese National Power Transmission Corporation, and a private Vietnamese company

Hillary Clinton met with Vietnam's top communist leaders Tuesday for talks aimed at boosting trade as the US seeks to shore up its stuttering economy with an Asia-focused export drive.

But the Secretary of State, who arrived from a trip to Mongolia, also made a strong push for improved human rights, arguing: "Democracy and prosperity go hand-in-hand. Political reform and economic growth are linked."

Clinton held talks with Foreign Minister Pham Binh Minh and had a landmark meeting with communist party head Nguyen Phu Trong at which she pressed human rights concerns, US officials said.

Beefed up security in Phnom Penh during the ASEAN meeting

The heavy presence of police and armed military police from the airport to the city and at every major intersection for the ASEAN meeting sets the tone for how open and inclusive these meetings will be.

Changing ASEAN is still hopeful if and when change is made through reforms in member country, which includes electoral reforms that will give chances for democratically elected government to be installed.

Burma has open a small window of opportunity. Cambodia's 2013 elections is another chance for change.

Free and fair elections is key and Sec. Clinton is expected to make the point in her statements.

Setting one stone at a time for democracy is not a far reaching thought.

For women to take the lead in ASEAN, much more is to be done.

Help with action below:

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WUNRN

http://www.wunrn.com

SIGN PETITION

http://www.change.org/petitions/asean-intergovernmental-commission-on-human-rights-aichr-women-s-human-rights-are-asean-women-s-human-rights

ASEAN - Association of SE Asia Nations - http://www.aseansec.org/18619.htm

ASEAN HUMAN RIGHTS DECLARATION MUST MEET INTERNATIONAL RIGHTS STANDARDS/OBLIGATIONS & BE INCLUSIVE OF WOMEN'S RIGHTS

Women’s human rights are ASEAN women’s human rights

In solidarity with ASEAN Women, we ask the Association of Southeast Asian Nations (ASEAN), particularly the ASEAN Intergovernmental Commission on Human Rights (AICHR) to take cognizance of its mandate in leading the drafting of the AHRD and act to ensure that the Declaration is shaped by a process founded in transparency, inclusiveness and accountability to ASEAN peoples, and results in strengthened institutional understanding and capacity of states to implement its human rights obligations

We are concerned that since the drafting process of the AHRD began in the first half of 2011, no draft has been circulated to the public for comments. Selected national consultations were the exception, rather than the norm,, even though it is apparent such consultations would be a first step towards engaging with various communities. For the AHRD to be relevant, it must go further than the processes thus far to be truly informed by the realities on the ground. But such feedback can only happen if there is a genuine interest and effective mechanisms to engage communities in meaningful dialogues

CCHR Press Release - CCHR Welcomes First Draft of the ASEAN Human Rights Declaratio​n But Urges Full Transparen​cy and Meaningful Consultati​on with All Stakeholde​rs

CCHR Press Release – Phnom Penh, 8 January 2012

CCHR Welcomes First Draft of the ASEAN Human Rights Declaration But Urges Full Transparency and Meaningful Consultation with All Stakeholders

One of the key steps in the development of the Association of Southeast Asian Nations (“ASEAN”) – creating an ASEAN Human Rights Declaration (“AHRD”) – is one stage closer to fruition. The first draft of the AHRD has now been completed and is set to come before the ASEAN Intergovernmental Commission on Human Rights (the “AICHR”) during its 11th meeting to be held on 8 and 9 January 2012 in Siem Reap, Cambodia. While CCHR welcomes the AICHR meeting and discussion of the AHRD, it calls upon the AICHR to ensure meaningful consultation with all stakeholders during the drafting process by making the draft AHRD available to the public as soon as possible.

The drafting process of the AHRD to date has been marred by a lack of transparency and consultation with either the public or civil society. Neither preliminary drafts of the AHRD nor even the terms of reference of the Drafting Group, which was established by the AICHR to oversee formulation of the AHRD, have been shared with the public. Consequently, no interested parties have been given the opportunity to provide input on the first draft of the AHRD. It is not clear, for example, whether there will be any enforcement mechanism at a national level as regards the AHRD.

This is an historic moment for Cambodia, as it will see the creation of the first regional human rights instrument in Asia on its watch – the AICHR Chair for 2012 is Om Yentieng, senior minister and president of the Cambodian Human Rights Committee. However, in order to make the most of this legacy, Om Yentieng must ensure that the drafting process for the AHRD is transparent and open to meaningful public and civil society consultation, as it is an issue of vital importance to all people of Southeast Asia.

Ou Virak, President of CCHR, says:

“The ASEAN Human Rights Declaration is of huge significance to the people of Southeast Asia, and CCHR welcomes its existence. Hopefully it can fulfill expectations and be a benchmark for all ASEAN member states to abide by. However, in order for it to have the right impact, the beneficiaries and all interested parties must be given the opportunity to partake in the drafting process, which unfortunately has not occurred to date. The AICHR should also provide civil society with the chance to make a valid contribution – it should therefore make drafts of the ASEAN Human Rights Declaration available to the public and organize a meaningful civil society consultation process.”

For more information, please contact CCHR President Ou Virak via telephone at +855 (0) 12 40 40 51 or e-mail at ouvirak@cchrcambodia.org.

http://www.box.com/s/vg0u5jevx5m7oe0xll3l


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Will ASEAN police Hun Xen's regime human rights abuse in Cambodia?

(All Photos: Reuters)

Cambodia vows to finalize ASEAN human rights declaration this year

Sat, 01/07/2012
Rasmei Kampuchea Daily, The Asia News Network

Phnom Penh, Cambodia | Cambodia aims to finalize the drafting of an ASEAN Human Rights Declaration this year as it chairs the Association of Southeast Asian Nations, Cambodian Human Rights Committee chairman Om Yin Tieng said.

"This is a big job and needs a lot of discussions. However, we are confident that we can finalize it by this year," said Om Yin Tieng, who is also a senior minister and chair of the ASEAN Inter-governmental Commission on Human Rights in 2012.

He said the commission would hold its first meeting on the declaration in Siem Reap on January 8 and 9, immediately ahead of a meeting of ASEAN foreign ministers.

Appointment at Human Rights Resource Centre for ASEAN (HRRCA)

HRRCA Board Chair Ong Keng Yong presiding over the grant signing between SEARCH and newly-appointed HRRCA director Marzuki.

FOR IMMEDIATE RELEASE

13 September 2010

Press inquiries:
Rully Sandra, +62-815-912-7075
E-mail: rullysandra@gmail.com
Website: http://www.hrrca.org

Marzuki Darusman Appointed as Human Rights Resource Centre for ASEAN (HRRCA) Founding Director

Jakarta, Aug. 24 – The Human Rights Resource Centre for ASEAN (HRRCA) appointed a veteran Indonesian human rights campaigner, Mr. Marzuki Darusman, as its founding Chairman/Director.

Mr. Darusman will oversee the HRRCA’s agenda to provide research, education, and training on human rights issues in the ASEAN region, including rule of law, judicial independence, women and children’s issues, indigenous peoples, migrant labor rights, regulatory environments for human rights, and law enforcement approaches.

Darusman, a former Attorney General and past Chairman of Indonesia’s National Human Rights Commission, has deep knowledge of and practical experience in the ASEAN region’s legal and regulatory systems. Over the past 20 years he has earned a reputation as a leading regional human rights advocate through his leadership of the Working Group for an ASEAN Human Rights Mechanism that ultimately resulted in the formation of the ASEAN Intergovernmental Commission on Human Rights. He was recently appointed as UN Special Rapporteur on North Korea, and is also Chair of the UN Secretary General's Panel of Experts on Sri Lanka.

The HRRCA, headquartered at the University of Indonesia in Jakarta, is a network of academic and civil society institutions that seek to complement and support the work of the ASEAN Intergovernmental Commission on Human Rights and provide a strong regional focus on human rights research, capacity building, training and teaching. Current partner institutions include the University of Indonesia, Ateneo University School of Law (Philippines), the University of Malaya (Malaysia), and the Law School of the National University of Singapore. The Islamic University of Indonesia, which has a strong interest in human rights training, is the HRRCA’s first affiliate institution.

Through collaboration with these partner and affiliated university-based institutions across ASEAN, the HRRCA’s research, training, and capacity building projects will contribute to the development of human rights throughout the region.

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Regional Study of Human Rights and the Rule of Law Launched: HRRCA

The Governing Board of the HRRCA, Jakarta, 2010.

PRESS RELEASE

Regional Study of Human Rights and the Rule of Law Launched

Jakarta, Sept. 20 – The Human Rights Resource Centre for ASEAN (HRRCA) has launched a study to analyze the legal framework supporting human rights in ASEAN. The study will include country reports on all ten ASEAN Member States and is the Centre’s first research project. Researchers from at least eight of the ten ASEAN Member States will contribute to the study.

Adherence to good governance and rule of law as well as the promotion and protection of human rights are core principles contained in the ASEAN Charter. The HRRCA’s study will survey key issues associated with the rule of law and good governance as they relate to the protection and promotion of human rights in ASEAN member states. As a first step, researchers will gather in early October to finalize the survey to be used to develop the country reports. The country reports will be finalized in early 2011 and a regional summary will be prepared thereafter. The complete report will be presented at an ASEAN-wide human rights conference planned for March 2011.

The lead author of the complete report will be Mahdev Mohan, Assistant Professor of Law of the Singapore Management University, and Associate Fellow of the Singapore Institute of International Affairs. Program oversight is provided by Marzuki Darusman, former Attorney General of the Republic of Indonesia and founding Chairman/Director of the HRRCA.

“Strengthening rule of law is vital to the further development of human rights in ASEAN. Assisting ASEAN Member States in identifying potential gaps in their implementation of the rule of law is critical for establishing systems for protecting and promoting human rights,” said Marzuki Darusman.

“With the benefit of expert researchers who understand each ASEAN country’s human rights framework, this study seeks to identify paths towards achieving greater coherence regarding the commitment in the ASEAN Charter to promote and protect human rights,” added Mahdev Mohan.

The HRRCA, headquartered at the University of Indonesia in Jakarta, is an independent network of academic and civil society institutions that seek to complement and support the work of the ASEAN Intergovernmental Commission on Human Rights and provide a strong regional focus on human rights research, capacity building, training and teaching. The current partner institutions of the HRRCA are the University of Indonesia, Ateneo University School of Law (Philippines), the University of Malaya (Malaysia), and the Law School of the National University of Singapore. The Islamic University of Indonesia, which has a strong interest in human rights training, is the HRRCA’s first affiliate institution.

Through its network of partner and affiliated university-based institutions across ASEAN, the HRRCA is supporting the development of human rights in ASEAN through research, training, and capacity building.

The HRRCA will hold its official launch in Jakarta on October 19. Senior officials from Indonesia, ASEAN, the United States and Canada are scheduled to attend.

The human rights and rule of law study being supported at the HRRCA’s request by the U.S. Government-supported ASEAN-US Technical Assistance and Training Facility (www.advanceiqc.com/facility) and the Canadian International Development Agency-supported Southeast Asia Regional Cooperation in Human Development Project (www.searchproject.ca).

Contact

If you have any queries regarding this study, please feel free to contact Rully Sandra at rullysandra@gmail.com

### END ###

Tongue tied

November 24, 2009
FARIBORZ MOSHIRIAN
The Age (Australia)

DURING the recent press conference of US President Barack Obama and Chinese President Hu Jintao, the two leaders did not address each other, and the body language of the two leaders indicated their frustration, which may reflect how difficult it was to come up with a joint statement. It is also noteworthy that the US official said that Obama's trip to China was only ''an important first step''.

Over the past few years, bilateral negotiations between the US and China have failed to resolve the problems - including the absence of a market-based exchange rate - that have contributed to the trade imbalance between the two countries.

In the absence of genuine reform of domestic policies by the US and China, it will be almost impossible for the G20 to achieve its goal of a ''framework for strong, sustainable, balanced growth'' in the years ahead. The lack of an effective global or regional framework to resolve the economic policy differences between the US and China is also creating challenges for other countries whose currencies have increased in value in recent times due to the decline in the value of the US dollar.

The low value of the yuan is also discouraging exports from the US, the European Union and Asia to China. At the same time, China's goods are becoming increasingly cheaper in places such as Europe and Asia. There is also a danger that the low value of the US dollar, similar to the Connelly-Nixon era, will lead to lower living standards and higher inflation in the US.

In an increasingly integrated global economy, the US needs to focus not only on its relationship with China as a way of tackling global economic, financial and environmental challenges, it also needs to focus on the Asia-Pacific region and assess how key players there, including Japan and India, can become accountable towards each other and also economically and financially integrated.

The Obama-Hu summit led China to explicitly welcome the US role in the Asia-Pacific region. In other words, there is no fear that China wishes the US out of this region. The US must capitalise on the goodwill from China and work hard for a new, inclusive, accountable and transparent regional architecture that in turn will influence the domestic policies of the relationship with China far more effectively.

The great differences between Germany and France were gradually resolved not only by bilateral negotiations, but particularly when these two countries became part of a regional bloc in Europe and had to ensure that their domestic policies were consistent with the exigencies and requirements of European policies. Despite the argument that the Asia-Pacific region is different to the 27 European countries (which also have vast differences in religion, culture, language, per capita income), modern technology, including the internet and the highly interdependent global economy in the 21st century, are making nations in Asia more willing to work closely with each other.

Despite the vast differences in religion, culture, language and political systems among the 10 member countries forming ASEAN, this bloc is gradually integrating. However, its new toothless Human Rights Commission and tension between Thailand and Cambodia have highlighted the significance of other stronger nations (such as Australia, New Zealand, Japan, Korea and India). These, with better track records on human rights, transparency and democratic systems, could work towards a more credible regional framework that includes ASEAN and China.

While Japan's new Prime Minister, Yukio Hatoyama, is keen for a regional community with these 16 nations, China is keen to work more closely with ASEAN. To counter the forces of ASEAN and close ties with China, the US is promoting the Trans-Pacific Partnership to assist the US and seven other countries to work towards a free trade zone and bring other nations in this region into such a partnership. It is almost a parallel force against ASEAN plus China and an indirect way of encouraging other nations to join this partnership rather than work with ASEAN plus China.

Such an approach may lead to further retarding of any cohesive regional architecture of which both China and the US could be members. At the same time, Russia is somehow left out in this process. It is part of APEC, though, but APEC is not an effective regional body, as testified by the recent statement of the APEC leaders' summit in Singapore where, for instance, the issue of a market-based foreign exchange could not have been frankly discussed as China did not support it. When climate change was discussed, there was even less commitment there. The absence of India from APEC also makes this forum less effective.

The recent meeting of Obama with ASEAN was an attempt to ensure that ASEAN was willing to embrace other countries in its bloc. The Obama Administration should capitalise on this momentum, particularly when the Obama-Hu summit led China to explicitly welcome the US's role in the Asia-Pacific region.

The inability of the US and China to adequately reform their domestic policies for the sake of regional and global interests, the lack of capacity of the G20 to bring its member countries to account except through peer review, and the difficulties in non-binding regional architectures so far should be justification enough to lead to the creation an effective framework for the emergence of an Asia-Pacific community that requires some accountability on the part of the member countries.

Obama's recent trip to Asia has created momentum for seriously promoting such a regional framework that could include ASEAN plus six and the US. Russia could also apply for membership over time. Such a regional approach will be more effective than simply relying on the US and China to reform their domestic policies in the absence of other key players such as Japan and India.

Fariborz Moshirian is professor of international finance at the Australian School of Business, University of NSW.

Asian leaders arrive for summit

Friday, 23 October 2009
BBC News

Thai authorities are determined to ensure no protests disrupt the summit

Asian heads of state have begun arriving in Thailand for a summit.

Heavy security surrounds the Thai beach resort of Cha-Am, after the last attempt to hold this summit, in April, was foiled by anti-government protests.

Fresh tensions have emerged between Thailand and Cambodia after the latter offered sanctuary to former Thai Prime Minister Thaksin Shinawatra.

The summit must also tackle tensions over human rights observance, amid opposition from Burma's military junta.

The meeting of the Association of South East Asian Nations, Asean, is due to begin later on Friday.

Tricky topics

The economy, human rights, climate change and disaster-management are on the agenda.

The leaders are also due to unveil a new regional human rights body - the Asean Intergovernmental Commission on Human Rights.

Correspondents say the new commission is in part a response to criticism that the region is soft on human rights abuses by member-nations such as Burma. But observers have queried whether it will have sufficient powers to make a real difference.

The Asean summit was preceded by reports that an earlier effort by Asean to call for an amnesty for detained Burmese democracy leader Aung San Suu Kyi was blocked by Burma.

In talks on the region's economy, leaders will discuss plans to expand regional trade and investment in particular with China, and in the longer term the goal of establishing an EU-style regional community

They are also expected to issue a declaration backing this December's global climate change talks in Copenhagen.

Neighbours

Tension has also risen between summit host Thailand and neighbouring Cambodia following the offer by Cambodian Prime Minister Hun Sen of sanctuary to fugitive Mr Thaksin.

The government of Thailand says it will seek the extradition of its former prime minister if he accepts the offer to take refuge in Cambodia.

On Wednesday, Mr Hun Sen, said Mr Thaksin-- who was ousted in a coup in 2006 - was a political victim who would always be welcome in Cambodia.

"I'd like to assure Thaksin and his supporters that Mr Hun Sen will be his friend forever," Hun Sen said after a meeting on Wednesday with another former Thai prime minister, Chavalit Yongchaiyudh, who recently allied with Thaksin as a member of the opposition Peua Thai party.

Hun Sen said he had already made a house ready for Mr Thaksin.

Correspondents say the Cambodian leader's comments will do little to improve relations between the two neighbours, which are already strained by a territorial dispute centred on the ancient Preah Vihear temple on their shared border.

Heavy security

Some 18,000 security personnel have thrown a cordon around the meeting venue in Cha-am, some 200km (125 miles) south of Bangkok, say reports.

Another 18,000 are said to be on alert, and special powers to impose curfews and restrict freedom of movement have been granted in case of protests.

Roadblocks have been set up and local fishermen even prevented from going out to sea.

Correspondents say Thai authorities were humiliated when protesters overcame thin police lines at the last Asean summit in the Thai resort of Pattaya last April - forcing the whole event to be cancelled.

This weekend's summit of leaders from the 10 South-East Asian member nations will be followed by talks with non-member states, including China, Japan, South Korea, India, Australia and New Zealand.

UN urges 'credible' new Asian human rights body

Om Yentieng: The face of human rights in Cambodia ... according to the CPP

Thursday, October 22, 2009
AFP

BANGKOK — The United Nations urged Asian nations to make their new regional human rights body "credible" Thursday, as the Association of Southeast Asian Nations (ASEAN) prepared for its official launch.

The ASEAN Intergovernmental Commission on Human Rights (AICHR) will be the first regional human rights body in Asia-Pacific and will be launched as leaders meet Friday in the Thai resort town of Hua Hin for their annual summit.

The AICHR "will have to work hard to establish itself as a credible regional mechanism and help close the gap between human rights rhetoric and the reality on the ground," said Homayoun Alizadeh, the regional representative for the UN's human rights commission.

"There is much hope and expectation surrounding this occasion, as it represents an important commitment by states in the region to move beyond mere words," he said in a statement.

ASEAN's reputation has suffered over repeated alleged human rights abuses by member states, particularly military-ruled Myanmar.

Earlier this year Thailand also came under the spotlight for reported mistreatment by the armed forces of ethnic Rohingya immigrants who washed up on its shores after escaping Myanmar.

Activists are pushing ASEAN to take a stronger stance on alleged human rights abuses in Myanmar, and will be holding an ASEAN Peoples' Forum to coincide with the weekend summit.

But on Tuesday a diplomatic source said that Myanmar had scuttled a plan by fellow ASEAN members to issue a public appeal seeking amnesty for detained pro-democracy icon Aung San Suu Kyi during the summit.

The 64-year-old Suu Kyi has spent around 14 of the past 20 years in detention and was sentenced to an extra 18 months' house arrest in August over an incident in which an American man swam to her lakeside home uninvited.

Suu Kyi led her National League for Democracy to a landslide victory in elections in 1990, but the junta has refused to recognise the result.

Myanmar's military rulers are planning elections next year as part of promised democratic reforms, but critics have demanded that Suu Kyi and her party should be allowed to participate.

As well as Myanmar, ASEAN also groups Brunei, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam.

Southeast Asia to have rights monitor

Tuesday, October 20, 2009
By DENIS D. GRAY
AP

BANGKOK — Southeast Asian nations unveil a landmark human rights watchdog this week, but critics charge that it will be both toothless and include in its membership one of the world's worst human rights offenders — military-ruled Myanmar.

Myanmar is sure to prove a burden again as the Association of Southeast Asian Nations holds its annual summit, undermining the bloc's international standing and efforts to forge free trade areas with the United States and Europe.

"While ASEAN may try to move ahead, Burma remains the elephant in the room. It absolutely undermines the spirit of what ASEAN could ever do," says Debbie Stothard, an activist with the Alternative ASEAN Network on Burma, as the country is also known.

The new body, the ASEAN Intergovernmental Commission on Human Rights, is unlikely to set free Myanmar's 2,000 political prisoners, including democracy icon Aung San Suu Kyi, or curb other violations: It cannot punish member nations, and focuses on promotion rather than protection of human rights.

ASEAN leaders realize it's just a start but say the commission can be given more teeth later.

And while members of the 10-nation bloc have recently escalated their criticism of Myanmar, the ASEAN summit will again act by consensus, avoid confrontations and maintain that the group's engagement approach to Myanmar works better than the West's sanctions and threats.

The three-day conference, which begins Friday, will also include talks with leaders of China, Japan, South Korea, India, Australia and New Zealand. Preliminary meetings begin Wednesday.

On the agenda are discussions on how to achieve a European Union-style community by 2015, cooperation on education, food security and bio-energy development and the signing of an ASEAN Declaration on Climate Change.

The Thai government has thrown a security cordon around the summit venue, a beach resort 200 kilometers (120 miles) south of Bangkok, to prevent anti-government demonstrations. In April, protesters stormed an Asian summit in the seaside city of Pattaya, shutting down the meeting and forcing the evacuation of several leaders by helicopter and boat.

This time around, security forces have been empowered to impose curfews and restrict freedom of movement around Cha-Am resort and Bangkok.

Myanmar, which joined the 42-year-old bloc in 1997 despite international outrage, comes to the summit having recently released some political prisoners and allowed Suu Kyi to meet with Western diplomats and a government minister.

In a sharp break with former policy of shunning Myanmar, the U.S. government has announced it would engage the junta in direct, high-level talks while continuing its longtime economic sanctions.

But the ruling generals have also arrested more dissidents in recent weeks, and made it clear that nobody will dictate their course, not even its staunchest ally China, with which relations have soured since August when the junta launched an offensive against ethnic minorities along the Chinese border.

"Some powerful nations are resorting to various ways to pressure and influence our nation under various pretexts. However, the (military) government does not get frightened whenever intimidated," said junta leader Senior Gen. Than Shwe last week.

U.N. Secretary-General Ban Ki-moon last month urged ASEAN to take a tougher line with Myanmar. But in the end, ASEAN leaders are only likely to prod their fellow member to accelerate its so-called "road to democracy," which includes elections in 2010.

"It is obvious that ASEAN is incapable of making any positive political change in the country. I don't have any high hopes," said Nyan Win, spokesman for Suu Kyi's National League for Democracy party in Yangon, Myanmar.

ASEAN consists of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

Asean, gov’t execs snub people's forum

10/20/2009
INQUIRER.net

CHA-AM, Thailand—The trend toward involving people's organizations and civil society groups in the process of integrating the southeast Asian region appears to have taken a U-turn after the bloc's secretariat and government officials from member-nations snubbed the Asean People's Forum here.

The ongoing three-day APF from October 18-20 included a scheduled dialogue with officials of the Asean secretariat and some officials from Cambodia, Indonesia, the Philippines, and Vietnam on the three pillars of Asean, namely the economic, the political, and the socio-cultural.

But on the eve of the opening of the Forum, those who confirmed sent their apologies.

Asked if there were indications that the invitations were deliberately turned down, Swee Seng Yap, executive director of Forum Asia, one of the organizers of the meeting, said: “It is difficult to speculate because there were no official reasons given.”

“We can only express disappointment because we are concerned with the process. This is going backward. In the last APF in February 2009, our dialogue was with the Asean director general himself and the Thai foreign minister,” said Yap, who is also part of the Network for Transformative Social Protection.

“This is bad for Asean as this goes against the people-centered aspirations committed in the Asean Charter,” he added.

The Asean Secretariat was supposed to send the deputy secretary general but there was a conflict in schedules, said Jenina Joy Chavez of the Focus on the Global South and part of the steering committee of the Forum.

“While we want to take the process a step forward, they want to take a step backward,” Yap said, noting that in the February 2009 meeting, some governments were uncomfortable engaging with civil society.

“From the last engagement, maybe they wanted to scale back and control the process.”

Thailand, as host of the Asean Summit that follows the APF, sent some officials, including Asda Jayanama, former Permanent Representative of Thailand to the United Nations in New York, who presented the developments in the Asean socio-cultural integration and reacted to the issues raised by the civil society.

From the Philippines, a representative from the Department of Labor and Employment was supposed to participate in the dialogue on socio-economic issues. Secretary Heherson Alvarez, presidential adviser on climate change, or Ambassador Orlando Mercado, Philippine Permanent Representative to Asean, were also supposed to speak on environmental issues.

Some 600 people from scores of organizations in the region attended the meeting, which was instead reformatted to a conversation among the participants.

The Network for Transformative Social Protection, which is pushing for basic rights for jobs and livelihood, homes, education, health care services, electricity, and clean air and water for everyone, asked that Asean recognize civil society participation and its input in “Development for a United Asean.”

The Asean Summit here will follow the ASEAN People's Forum on October 23-25.

Asean groups together Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.

Rights groups condemn Asean [countries for appointing gov't offiicials to the ASEAN Inter-Gov'tal Commission on Human Rights]

20/10/2009
Bangkok Post

CHA-AM : Civil society organisations covering Southeast Asia have criticised many Asean members for their lack of transparency in nominating national representatives to the Asean Inter-Governmental Commission on Human Rights.

Instead of nominating delegates who work in the field of human rights, several Asean governments had appointed, or influenced the selection of, diplomats or officials as their choices, they said in a meeting of the Asean People's Forum in Cha-am.

Some of the known commission representatives include legal expert Om Yentieng from Cambodia, Rafendi Djamin from Indonesia's Coalition for International Human Rights Advocacy, Deputy Foreign Minister Boungerd Sangsomsak from Laos, former senator and academic Wigberto Tanada from the Philippines, Richard Magnus from Singapore and Sriprapha Petcharamesree from Thailand.

The civil society organisations also expressed concern about the Burmese government's meddling with non-governmental organisations in the nomination of delegates to a meeting with Asean leaders on Friday.

Burmese junta-sponsored NGOs, including the Union Solidarity and Development Association, the Anti-Narcotics Association and the Federation of Womens Affairs, were present at the NGO nomination meeting yesterday.

Although they were outnumbered by exiled Burmese activists, the groups presented a powerful front, demanding that only a representative of the Burmese NGOs be selected and that they be a Burmese national and speak the Burmese language.

Some NGOs based outside Burma suggested that Ashin Sopaka from the International Burmese Monks Organisation represent the Burmese NGOs at the meeting with the Asean leaders. But the Burmese NGOs based in Burma objected strongly saying they had already proposed Shwe Shwe Sein Latt to the Burmese and Thai foreign ministries.

The Burmese exile groups said they would still choose their own representative, Khin Omar, to attend the meeting.

The Asean civil society organisations made up of 18 core groups also called for the launch of the fourth pillar, the environment, in building up the Asean Community by 2015. The other three pillars are the socio-cultural, economic, and political and security aspects.

The Towards Ecological Recovery and the regional Alliance and the Alternative Agriculture Network-Thailand are spearheading the proposal which calls for all 10 Asean members to embrace internationally recognised standards in deciding on megaprojects or action on climate change and biodiversity.

The NGOs asked for a review of the Asean Plan of Action for Energy Cooperation 2010-2015 to pay more attention to energy efficiency, demand side management and renewable energy technologies in order not to harm the environment.

Thailand blazes trail for human rights

19/10/2009
Bangkok Post

Thailand will launch Asean's first major push into the protection of human rights at the body's summit this weekend.

Thailand, as host of the 15th Asean summit at Hua Hin and Cha-am, will spearhead the inauguration of the Asean Intergovernmental Commission on Human Rights (AICHR), the adoption of a declaration on climate change, and draft a declaration on education cooperation.

Prime Minister Abhisit Vejjajiva said Asean should become a "community of action" which was able to act decisively.

All 10 leaders from the Asean region including Brunei, Burma, Cambodia, Laos, Malaysia, Indonesia, the Philippines, Singapore, Thailand and Vietnam, plus China, Japan, South Korea, Australia, New Zealand and India, will convene for the summit to be in Phetchaburi's Cha-am district and Prachuap Khiri Khan's Hua Hin district from Friday to Sunday.

Among the meetings at the summit, the inauguration of the AICHR is expected to be the highlight.

The AICHR will serve as the region's main body in promoting and protecting the human rights of the peoples of Asean, particularly children, women, the elderly and people with disabilities. Its first, informal meeting will be held at the summit.

In addition, Asean foreign ministers will meet with the High Level Legal Experts Group, set up to assist Asean settle disputes, to discuss progress on the Dispute Settlement Mechanisms (DSM).

The DSM will help resolve disputes according to the rules and regulations under the three pillars of the Asean Charter only. It will not resolve disputes between states.

The dispute over the Preah Vihear temple on the border between Thailand and Cambodia will not be included in this DSM, said Asean Affairs Department director-general Vitavas Srivihok.

Mr Vitavas also said the Asean ministers would sign an agreement on the grouping's privileges and immunities.

Other issues affecting the people's well-being, including food and energy security, financial stability, pandemics and disaster management, will also be discussed.

Asean leaders will also take the opportunity of the summit to meet with representatives of the Asean Inter-Parliamentary Assembly and Asean Youth and Asean Civil Society Organisations.

Mr Vitavas said the US$1.2 billion (40billion baht) Chiang Mai Initiative regional fund to help countries which face a liquidity crunch could not be launched at this summit but leaders do intend to finalise it this year.

It is possible finance ministers might hold a back-to-back meeting with Asia-Pacific Economic Cooperation delegates in Singapore next month or hold a special meeting in Thailand in December, Mr Vitavas said.

At least 42 agreements will be signed during the summit, he said.

On the economic front, the Commerce Ministry will invite representatives from the region's car industry to discuss the promotion and strengthening of the industry during the Asean Economic Ministers meeting, Trade Negotiations Department director-general Nuntawan Sakuntanaga said.

Mrs Nuntawan said the AEM would sign a memorandum of understanding with China on the establishment of an Asean-China centre on intellectual property.

The summit will announce the elimination of tariffs on products under the normal track of the Asean-China free trade agreement and the Asean-Korea FTA as well as the announcement of the entry into force of the Asean-Australia-New Zealand FTA, she said.

Enforcing the [ASEAN] charter against rogue members [such as Vietnam, Laos, Cambodia and Burma]

15-06-2009
Kavi Chongkittavorn
The Nation (Thailand)

Here lies the dilemma: Asean's old members want a new Asean while new Asean members want an old Asean. For the former, the new Asean means a more open and dynamic grouping that would not hesitate to embrace broader international norms, protect human rights and promote democratic values. For the latter, the old Asean means the preservation of status quo at all costs citing the mantra of non-interference, including the non-peer reviews.

Over the weeks, the contradiction within Asean has deepened and has been made more visible through Asean responses to the plight of Aung San Suu Kyi and other political prisoners and the drafted term of reference of the Asean human rights body (TOR-AHRB). In the past four decades, Asean members were pretty good in hiding their dirty linen. They could do so simply because their leaders were willing to keep their mouths zipped and were protected by their colleagues. Every agreement or protocol of Asean was done in good faith - non-biding without any provision for sanctions. Members' commitment and moral responsibility were the only enforcers, abstract as they were. That helped explain why only 30 per cent of some 220 plus agreements were ratified or implemented. The rest have been mired in the whirlpool of Asean bureaucratic polity.

From now on, the only instrument that can unite Asean is the Asean Charter as all members were involved in the drafting at every step. During the drafting process, the new members (Vietnam, Laos, Cambodia and Burma) spearheaded the debates and eventually shaped the charter's substance and idealism. Imperfect as it is, the charter is now considered a tool kit that would take the grouping to the next level. The huge challenge ahead is how to enforce and interpret the charter. Such an endeavour could either further divide or consolidate the 10-member grouping.

Wariness to commit

Strange but true, even though the charter was the outcome of consensus and compromise, quite a few Asean members are having problems committing to objectives and norms therein which they approved earlier. Burma and Laos have emerged as two prominent members that constantly invoke the principle of non-interference. Viet Nam and Cambodia, while still valuing the concept, are more willing to accommodate with a more liberal interpretation. This will be immediately put to the test when Viet Nam assumes the Asean chair next year, and Cambodia in January 2012.

Asean was founded in 1967 with only five members, and in 1976 they jointly drafted the Treaty of Amity and Cooperation in Southeast Asia, which turned out to be Asean's most important document and widely accepted regional code of conduct (the US plans to accede to the treaty next month in Bangkok). They did so enthusiastically as they were determined to prevent outside interference, especially from the major powers. They did not want to be pawns in the power struggles during the Cold War. However, the principle of non-interference was not meant to serve as a panacea to hide members' incompetence and oppression of citizens.

Non-interference is pivotal

That explains why the non-interference in internal affairs is one of the 14 principles contained in the charter's Article 2.2. The oft-quoted principle can no longer be used in isolation without considering other mandates entailing shared commitment and collective responsibility among members. Equally pivotal are the enhanced consultations on matters related to peace and prosperity and issues seriously affecting the common interest of Asean. The Asean chair's statement on the situation in Burma and Suu Kyi on May 19 was the outcome of such a realisation. The statement was reaffirmed by Asean foreign ministers when they met in Phnom Penh at the end of May on the sidelines of the Asean-EU ministerial meeting.

Deciding on human rights

Another challenge would be the future direction of TOR-AHRB. Next month the Asean foreign ministers will vet the final draft of TOR-AHRB in Bangkok. The contentious point remains whether the AHRB prime objective is to promote or protect human rights. Some members like Indonesia, Philippines and Thailand commonly wish the human rights body to provide maximum protection for Asean citizens. They have been trying to push for country visits, cross-border investigation of human rights abuses and periodic reviews to be included in the TOR-AHRB.

Obviously, the opponents want to protect governments in power and pay lip service to human-rights protection. To them, human-rights promotion is more palatable.

Ironically, all Asean members are subjected to the UN Human Rights Council's norms and standards. Each Asean member, like the rest of its UN colleagues, has to go through periodic reviews on human rights at the global level. It remains a mystery why Asean nations refuse to do the same within the regional human rights body. This kind of double standard policy is quite prevalent within Asean. The same was true for the aborted plan to set up an Asean peacekeeping force, initiated by Indonesia, back in 2003. Seven out of 10 Asean members, involving more than 3,000 troops, have participated in various capacities and forms with 19 UN peacekeeping operations around the world. None of them has joined together to keep peace under the Asean flag. Thailand, Malaysia and the Philippines took part in the peacekeeping operations in East Timor in 2000.

Under the 2005 Agreement on Disaster Management and Emergency Response, Asean, Burma and UN agencies are currently working together to coordinate plans to help the rehabilitation of Cyclone Nargis' victims. Asean can only deliver humanitarian assistance but without helping the Burmese victims directly.

Asean leaders should go a step further, demanding more engagements with the victims directly in the future. No provisions under this agreement prevent Asean members from doing so.

In the past few months, Asean leaders have been discussing ways and means to maintain the so-called Asean centrality in grappling with new challenges and establishing strong partnership with global players.

To do so, Asean members understand they must comply faithfully with the charter's objectives and norms through new flexibility and pragmatism, even if they have to go against rogue members.