Putting Business on the Agenda of The ASEAN Intergovernmental Commission on Human Rights (AICHR): Building Advocacy and Lobbying Skills – Practical Session Yuyun Wahyuningrum, The Representative of Indonesia to the ASEAN Intergovernmental Commission on Human Rights (AICHR), 2019-2021
Outline 1. Understanding ASEAN Intergovernmental Commission on Human Rights (AICHR) 2. Business and Human Rights in ASEAN 3. Why doing Advocacy in ASEAN/AICHR? 4. Advocacy & Lobby
Understanding ASEAN Intergovernmental Commission on Human Rights (AICHR)
Background Human Rights were not the reason ASEAN was found in 1967 , but regional economic development & peace; ASEAN IS SHIFTING: from non-discussion to engagement on human rights within its context of regionalism; 1991-1993 – the formulation of human rights position of human rights. 1993 World Conference on Human Rights, Vienna, Austria 1997 - Asian financial crisis - opened up the process of developing a regional normative framework on human rights 2007 to 2017 witnessed the proliferation of human rights institutions and instruments
ASEAN Human Rights System Two regional human rights mechanisms: ASEAN Intergovernmental Commission on Human Rights ( AICHR ), launched in 2009 – Established by the ASEAN Charter, Article 14 ASEAN Commission on the Promotion and Protection of the Rights of Women and Children ( ACWC ), launched in 2010 Instruments: ASEAN Human Rights Declaration ( AHRD ) in 2012, Declaration on Violence against Women and Violence against Children in ASEAN ( DEVAWC ) in 2013, ASEAN Declaration on the Strengthening of Social Protection in 2013, ASEAN Convention against Trafficking in Persons, especially Women and Children ( ACTIP ) in 2015, ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers in 2017;
Terms of Reference (ToR) of AICHR Role of Secretary- Mandate & Principles General & ASEAN Functions Secretariat Work Plan & Purposes Composition Funding Consultative Inter- General & Final Modalities Governmental Provisions Body
AICHR: MODALITIES, PRINCIPLES, NATURE non- interference inter- evolutionary governmental approach body consultative consultation consensus
AICHR Mandates (14) Agenda/Standard Human Rights Policy Support Protection Capacity Building Dialogue Setting Strategies • Develop an ASEAN • Provide advisory • Obtain information • Encourage AMS to • Promote capacity • Engage in dialogue Human Rights services and from ASEAN consider acceding building for the and consultation Declaration with a technical Member States on to and ratifying effective with other ASEAN view to establishing assistance on the Promotion and international implementation of bodies and entities a framework for human rights Protection of human rights international associated with human rights matters to ASEAN Human Rights; instruments; (4.5) human rights treaty ASEAN, including cooperation sectoral bodies (4.10) obligations civil society • Promote the full through various upon request; (4.7) undertaken by organisations and implementation of ASEAN conventions ASEAN member other stakeholders, • Prepare studies on ASEAN Instruments and other states; (4.4) as provided for in thematic issues of related to human instruments dealing Chapter V of the human rights in rights; (4.6) • Enhance public with human rights; ASEAN Charter; ASEAN; (4.12) awareness of • Develop strategies (4.2) (4.8) human rights • Perform any other for the promotion • Develop common among the peoples • Consult, as may be tasks as may be and protection of approaches and of ASEAN through appropriate, with assigned by the human rights and positions on human education, other national, Foreign Ministers fundamental rights matters of research and regional and Meeting; (4.14) freedoms to interest to ASEAN; dissemination of international complement the (4.11) information; (4.3) institutions and building of the entities concerned ASEAN Community; with the promotion (4.1) and protection of human rights; (4.9)
Protection Promotion of HRs of HRs
LIMITATIONS & POSSIBILITIES Limitations Possibilities No mandate to do fact-finding, To hear victims stories; monitoring, investigation of Power to convene : Platform of human rights Dialogue, Platform of Learning and Sharing Establish referral system; Establish focal point on specific issues
Regional Human Rights Framework in ASEAN: A WORK IN PROGRESS ASEAN Human Rights Declaration (2012) Civil, Political, Economic, Social, Cultural Rights; Right to Development; ASEAN Way Right to Peace; Cooperation on Human Rights Limitations: ASEAN the performance of duties (Article 6), National Framework IHRL the regional and national context (Article 7), Interest of on HR limitation of rights (Article 8), and AMS reference to national laws (Article 25.1, Article 25.2, Article 27.2). ASEAN Member States both confirmed and challenged IHRL: Adopt, Integrate, Remove, Modify ASEAN approach to IHRL is a critic and ASEAN Member States’ resistance against uniformity
WHAT AICHR HAS ACHIEVED IN THE LAST TEN YEARS? AICHR has been a platform: For convergence of different positions on human rights in the region; For learning and influencing each other among member states on human rights. AICHR has generated: Discourses and norms on human rights in ASEAN; Interests of civil society to get organised to work on human rights advocacy at the regional level; National commitment to the international human rights obligation to be surfaced as a regional collective action and cooperation on human rights; More and more sectoral bodies in ASEAN included human rights in their work.
WHAT ARE THE CHALLENGES? Lack of member states’ political will to integrate human rights fully in ASEAN regionalism project . The development of regional human rights systems has very much been shaped by its regional organisation, that is, the roles of the member states that created it. Member states often take the role as the ‘master’ who controls the scope of work and the power of the regional human rights systems, based on the states’ interests, regimes and levels of political or economic influence or both. The member states decide what AICHR can or cannot do to carry out their mandate to promote and protect human rights. Lack of ability and capacity to protect human rights; Lack of people awareness about its role.
Do Human Rights have a Future in ASEAN? Pushmi-Pullyu (Two Headed Illama) Half-full/Half-Empty Glass?
Business and Human Rights in ASEAN
Business and Human Rights in ASEAN AICHR has recognised the nexus between business practices and human rights. Thematic Study on CSR and Human Rights was completed in 2014 Business can create opportunities that enhance the livelihood of the peoples, workers and the communities, but their practices can cause negative impacts; AICHR has engaged with national human rights institutions both in the ASEAN region and at the international level such as the Australia National Human Rights Commission; AICHR Dialogue on Business and Human Rights will be taking place annually Focus on regional cooperation and ensuring that economic regional project are based on human rights
Why doing Advocacy in ASEAN/AICHR?
ASEAN Regionalism and Human Rights: Regional Space, Cooperation, Interaction, Platform, Standards Regional space for ASEAN’s member states to design and re -organise their regional cooperation on their economic and political interests while considering human rights. Shaping and re-shaping the regional interactions among the states in addressing their concerns about human rights in relation to political integration and unity in the region. ASEAN has become an important regional platform where different state responses to international human rights law have come about to formulate the regional standards
Advocacy & Lobby
Basic Element in Advocacy Coalitions Problems & Solutions Fundraising Advocacy Evaluation Data Presentation Audiences/Target Messages
Civil Society uses advocacy & lobby to a) achieve widespread, sustainable change, b) create a bigger positive impact, c) strengthen civil society’s role d) expand democratic space, etc. Your lobby objective is determined by: • what you want to change • for whom • who will make the change • by how much and • by when.
Target of Advocacy Primary audience (target of advocacy) Secondary audience (The Influential) Tertiary audience (The Influential of the influential)
Stakeholders Analysis Group 1: Group 2: High High Interest, Interest, High Low Influence Influence Group 3: Group 4: Low Low Interest, Interest, High Low Influence Influence
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