asean human rights declaration

By Mong Palatino. 29. The ASEAN Human Rights Declaration and the Absence of Regional Identity in Southeast Asia Mathew Davies Abstract: ASEAN’s engagement with human rights culminated in the creation of the ASEAN Human Rights Declaration in 2012. They are endowed with reason and conscience and should act... 2. In 2009, ASEAN estab­lished the ASEAN Intergovernmental Commission on Human Rights (AICHR), and in 2012 it adopted the ASEAN Human Rights Declaration (AHRD). The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. ASEAN has existed since 1967 and as a result allows Southeast Asia to be identified as a ‘region’ comparable with other regions such as Africa, the Americas and Europe which have been seen as such in human rights terms for over 40 years. Advertisement. 15. Every person has the right to leave any country including his or her own, and to return to his or her country. 5. Adopted by the Heads of State/Government of ASEAN Member States at Phnom Penh, Cambodia, this Eighteenth Day of November in the Year Two Thousand and Twelve, in one single original copy in the English Language. The ASEAN Human Rights Declaration (AHRD) was adopted in 2012. It is ultimately the primary responsibility of all ASEAN Member States to promote and protect all human rights and fundamental freedoms. (1) Every person has the right to work, to the free choice of employment, to enjoy just, decent and favourable conditions of work and to have access to assistance schemes The ASEAN Human Rights Declaration does not include or recognize the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) persons. ASEAN Member States share a common interest in and commitment to the promotion and protection of human rights and fundamental freedoms which shall be achieved through, inter alia, cooperation with one another as well as with relevant national, regional and international institutions/organisations, in accordance with the ASEAN Charter. The ASEAN Human Rights Declaration is adopted at the 21st ASEAN Summit in Cambodia. When ASEAN unveiled its Human Rights Declaration in 2012, it was met by well-founded criticism. Men and women of full age have the right to marry on the basis of their free and full consent, to found a family and to dissolve a marriage, as prescribed by law. The first declaration in Asia to involve multiple nations throughout the region was a Southeast Asian declaration called the Declaration of the Basic Duties of ASEAN Peoples and Governments in 1983, which was first drafted by the father of human rights in the Philippines, Sen. Jose W. Diokno. The KLDHR represented an early initiative to include human rights … According to ASEAN’s secretary-general, ‘the ASEAN Human Rights Declaration is considered as a standard setting instrument for future ASEAN instruments on human rights as well as future cooperation on human rights between ASEAN and its partners’. This declaration is a corner stone for ASEAN to establish human rights law instruments and mechanism in the future in order to support the upcoming ASEAN Community in 2015. THE ASEAN Human Rights Declaration (AHRD) signed by the heads of government of member countries in Phnom Penh on 18 November 2012 represents a new … (2) Every person has the right to form trade unions and join the trade union of his or her choice for the protection of his or her interests, in accordance with national laws and regulations. Every person has the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that person’s choice. At the same time, others have criticized it as fatally flawed, creating no meaningful re-gional oversight of human rights.1 In this article I argue that this They are endowed with reason and conscience and should act towards one another in a spirit of humanity. ASEAN Declaration on Human Rights. Specifically, ASEAN Member States affirm the following rights and fundamental freedoms: √ ข้อบทที่ ๑๐ รัฐสมาชิกอาเซียนยืนยันสิทธิพลเมืองและ PHNOM PENH, Nov 15 - A group of 62 human rights and other organisations say the ASEAN Human Rights Declaration, expected to be adopted at the ASEAN summit later this month in Cambodia, is 'not worthy of its name' and issued a statement roundly rejecting it … 16. ASEAN Charter, in particular the respect for and promotion and protection of human rights and fundamental freedoms, as well as the principles of democracy, the rule of law and good governance.Reaffirmed the UDHR and Other HR Instruments and Vienna Declaration … Every person has an inherent right … 37. ASEAN’s recent declaration on human rights has been met with criticism from a broad spectrum of groups. 19. The ASEAN Declaration extends the possibility of imposing limitations to all rights, even those that are absolute under international law, such as freedom from torture and cruel, inhuman and degrading treatment and punishment. At the same time, others have criticized it as fatally flawed, creating no meaningful re-gional oversight of human rights.1 In this article I argue that this ASEAN Member States should also set age limits below which the paid employment of child labour should be prohibited and punished by law. Specifically, ASEAN Member States affirm the following: 27. Those who employ children and young people in work harmful to their morals or health, dangerous to life, or likely to hamper their normal development, including their education should be punished by law. 6 ASEAN Human Rights Declaration ปฏิญญาอาเซียนว่าด้วยสิทธิมนุษยชน PHNOM PENH STATEMENT ON THE ADOPTION OF THE ASEAN HUMAN RIGHTS DECLARATION (AHRD) WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (ASEAN), on the occasion of the 21st ASEAN Summit No person shall be held in servitude or slavery in any of its forms, or be subject to human smuggling or trafficking in persons, including for the purpose of trafficking in human organs. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to perform any act aimed at undermining the purposes and principles of ASEAN, or at the destruction of any of the rights and fundamental freedoms set forth in this Declaration and international human rights instruments to which ASEAN Member States are parties. During such period, working mothers should be accorded paid leave or leave with adequate social security benefits. Numerous human rights victims suffered under the administration, and in 1983, one of the first Southeast Asian organizations called the Regional Council on Human Rights in Asia formalized the first regional declaration on human rights called the Declaration of the Basic Duties of ASEAN Peoples and Governments. The ASEAN Human Rights Declaration and the Absence of Regional Identity in Southeast Asia Mathew Davies Abstract: ASEAN’s engagement with human rights culminated in the creation of the ASEAN Human Rights Declaration in 2012. 3. 14. Every person has the right to an adequate standard of living for himself or herself and his or her family including: ASEAN Member States may determine the extent to which they would guarantee the economic and social rights found in this Declaration to non-nationals, with due regard to human rights and the organisation and resources of their respective national economies. The first five Articles of the ASEAN Human Rights declaration affirm that human rights belong to "Every person," specifically emphasizing that they belong to "women, children, the elderly, persons with disabilities, migrant workers, and vulnerable and marginalised groups (Art 5). 21. Prior to ACTIP, the adoption of the ASEAN Charter, the ASEAN Human Rights Declaration and the ASEAN Declaration against Trafficking in Persons, Particularly Women and Children (the “ASEAN Trafficking Declaration”) established the groundwork for a regional approach in combatting human trafficking in Southeast Asia. The asean Human Rights Declaration. 1 The AHRD is important for two reasons. Human rights, Non-intervention, and the ASEAN Human Rights Declaration Mathew Davies The ASEAN Human Rights Declaration (AHRD) has been wel-comed as the most impressive commitment to protecting hu-man rights within ASEAN ever created. "[6] Further, the Declaration contains clauses that many fear could be used to undermine human rights, such as “the realization of human rights must be considered in the regional and national context” (Art. No person shall be deprived of life save in accordance with law. November 2014; International Human Rights Law Review 3(2):183-208; DOI: 10.1163/22131035-00302003. This is the talk page for discussing improvements to the ASEAN Human Rights Declaration article. The family as the natural and fundamental unit of society is entitled to protection by society and each ASEAN Member State. d. The right to medical care and necessary social services; Hence, we are incensed and extremely disappointed by the exclusion of SOGI in the draft of the ASEAN’s Human Rights Declaration, which is a blatant manifestation of discrimination against LGBTIQ persons. On 18 November 2012 the ‘Association of Southeast Asian Nations’ (ASEAN) adopted the ASEAN Human Rights Declaration (AHRD). (3)  Education shall be directed to the full development of the human personality and the sense of his or her dignity. 8. The Cairo Declaration on Human Rights in Islam (1990) Draft Philippine Declaration of Human and People's Rights (1990) Human Rights Declaration by the ASEAN Inter-Parliamentary Organization (AIPO) (1993) Final Declaration of the Regional Meeting for Asia of the World Conference on Human Rights (1993) Malaysian Charter on Human Rights (1994) 34. 25. (1)  Every person shall have the right to social security, including social insurance where available, which assists him or her to secure the means for a dignified and decent existence. Every person has the right, individually or in association with others, to freely take part in cultural life, to enjoy the arts and the benefits of scientific progress and its applications and to benefit from the protection of the moral and material interests resulting from any scientific, literary or appropriate artistic production of which one is the author. ASEAN Human Rights Mechanism. To this end, ASEAN Member States should continue to enhance friendship and cooperation in the furtherance of peace, harmony and stability in the region. Furthermore, education shall enable all persons to participate effectively in their respective societies, promote understanding, tolerance and friendship among all nations, racial and religious groups, and enhance the activities of ASEAN for the maintenance of peace. 35. 9. (1)   Every person has the right to education. Every person has the to and security, NC or any other form of of No shall be servitude Off' any of Its subject, to in for the purpose cf in organs. C The ASEAN Human Rights Declaration, adopted in 2012 without civil society participation, undermines, rather than affirms, international human rights law and standards. The process of such realisation shall take into account peoples’ participation, inclusivity and the need for accountability. ASEAN Human Rights Declaration (emphasis added) Because violence against women is both a cause and a consequence of gender inequality and unequal enjoyment of human rights between men and women, most (if not all) of the ASEAN Human Rights Declaration is relevant for … 24. The exercise of human rights and fundamental freedoms shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition for the human rights and fundamental freedoms of others, and to meet the just requirements of national security, public order, public health, public safety, public morality, as well as the general welfare of the peoples in a democratic society. The enjoyment of human rights and fundamental freedoms must be balanced with the performance of corresponding duties as every person has responsibilities to all other individuals, the community and the society where one lives. 2012. Gino Naldi. 6. (1) Every person has the right to work, to the free choice of employment, to enjoy just, decent and favourable conditions of work and to have access to assistance schemes for the unemployed. The establishment of the AICHR demonstrates ASEAN’s commitment to pursue forward-looking strategies to strengthen the regional cooperation on human rights. The Decla-ration is fascinating in … 30. 32. On 18 November 2012, Member States of the Association for South East Asian Nations (ASEAN) adopted the ASEAN Human Rights Declaration (AHRD or ‘the Declaration’). In this context, we encourage the Member States to ensure that international human rights standards are maintained when they come to consider the adoption of the ASEAN Human Rights Declaration this Sunday (18 November 2012). 26. ASEAN Declaration on the Advancement of Women. [6] ASEAN civil societies have noted that "The Declaration fails to include several key basic rights and fundamental freedoms, including the right to freedom of association and the right to be free from enforced disappearance. 36), and the right to peace (Art. Charter of the Association of Southeast Asian Nations, High Level Task Force (HLTF) on the Drafting of the ASEAN Charter (2007), Eminent Persons Group (EPG) on the ASEAN Charter (2006), ASEAN Committees in Third Countries and International Organizations (ACTCs), Speeches & Statements of the Secretary-General of ASEAN, Speeches & Statements of the Former Secretaries-General of ASEAN. Every person is entitled to the rights and freedoms set forth herein, without distinction of any kind, such as race,... 3. 31. (2) Every citizen has the right to vote in periodic and genuine elections, which should be by universal and equal suffrage and by secret ballot, guaranteeing the free expression of the will of the electors, in accordance with national law. This paper. About ASEAN; ASEAN Member States. The document is a proclamation of governmental powers disguised as a declaration of human rights. Download Full PDF Package. Secondary education in its different forms shall be available and accessible to all through every appropriate means. The Declaration includes 40 paragraphs under 6 headings. Author: ASEAN Year: 1988 Country: Thailand LINK ASEAN Declaration on the ... (VDPA) All information on this website is intended for human rights education and advocacy purposes only. Every person has the right to the protection of the law against such interference or attacks. ASEAN Member States affirm all the civil and political rights in the Universal Declaration of Human Rights. Every person is entitled to the rights and freedoms set forth herein, without distinction of any kind, such as race, gender, age, language, religion, political or other opinion, national or social origin, economic status, birth, disability or other status. September 23, 2013. 10. READ PAPER. Every person has an inherent right to life which shall be protected by law. 17. 23. All persons are born free and equal in dignity and rights. Every person has the right to freedom of thought, conscience and religion. Education shall strengthen the respect for human rights and fundamental freedoms in ASEAN Member States. Technical and vocational education shall be made generally available. ASEAN Human Rights Declaration. b. ASEAN Member States recognise that the implementation of the right to development requires effective development policies at the national level as well as equitable economic relations, international cooperation and a favourable international economic environment. They are endowed with reason and conscience and should act... 2. 36. Click here to start a new topic. [3][4] The Declaration itself has been criticized by ASEAN civil society, international human rights organizations such as Amnesty International[5] and Human Rights Watch,[6] the U.S. Department of State,[7] and the UN High Commissioner for Human Rights. Asean Human Rights Declaration should maintain international standards The Coordination Committee of the Special Procedures of the Human Rights Council supports the ongoing efforts within ASEAN (the Association of Southeast Asian Nations) to develop a regional human rights system. Please sign and date your posts by typing four tildes ( ~~~~). All human rights and fundamental freedoms in this Declaration must be treated in a fair and equal manner, on the same footing and with the same emphasis. The Declaration was adopted unanimously by ASEAN members at its 18 November 2012 meeting in Phnom Penh, Cambodia. (2)  The ASEAN Member States shall create a positive environment in overcoming stigma, silence, denial and discrimination in the prevention, treatment, care and support of people suffering from communicable diseases, including HIV/AIDS. Every person has the right to own, use, dispose of and give that person’s lawfully acquired possessions alone or in association with others. The first declaration in Asia to involve multiple nations throughout the region was a Southeast Asian declaration called the Declaration of the Basic Duties of ASEAN Peoples and Governments in 1983, which was first drafted by the father of human rights in the Philippines, Sen. Jose W. Diokno. 18. The ASEAN Human Rights Declaration (AHRD) is an adaptation of the Universal Declaration of Human Rights (UDHR), declaring a commitment to “all the economic, social and cultural rights in the Universal Declaration” (ASEAN 2013, Article 10). All persons are born free and equal in dignity and rights. has to be person shelû dtpfived cf. 13. ASEAN Member States should take steps, individually and through regional and international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of economic, social and cultural rights recognised in this Declaration. ASEAN Human Rights Declaration: A New Form of Universalism* Rachminawati** Abstract Just recently ASEAN has adopted The ASEAN Human Rights Declaration. Download PDF. (3) No child or any young person shall be subjected to economic and social exploitation. 30). ASEAN States the poüticaG the of Human ASEAN St9tes. In the realisation of the human rights and freedoms contained in this Declaration, the principles of impartiality, objectivity, non-selectivity, non-discrimination, non-confrontation and avoidance of double standards and politicisation, should always be upheld. (1)  Every person who is a citizen of his or her country has the right to participate in the government of his or her country, either directly or indirectly through democratically elected representatives, in accordance with national law. 4. "[7] The U.N. High Commissioner for Human Rights "welcomed the renewed commitment by leaders of the Association of Southeast Asian Nations to universal human rights norms" noting that "Other regions have shown how regional human rights systems can evolve and improve over time" and that "it is essential that ASEAN ensures that any language inconsistent with international human rights standards does not become a part of any binding regional human rights convention.”[4], ASEAN Intergovernmental Commission on Human Rights, Declaration of the Basic Duties of ASEAN Peoples and Governments, "Overview: Human Rights Declarations in Asia-Pacific", "ASEAN leaders adopt lame-duck rights declaration", "UN official welcomes ASEAN commitment to human rights, but concerned over declaration wording", "Civil society rejects flawed ASEAN Human Rights Declaration", "Civil Society Denounces Adoption of Flawed ASEAN Human Rights Declaration", "ASEAN Approves Controversial Human Rights Declaration", http://www.asean.org/storage/images/ASEAN_RTK_2014/6_AHRD_Booklet.pdf, Committee on the Rights of Persons with Disabilities, Office of the United Nations High Commissioner for Human Rights, African Commission on Human and Peoples' Rights, African Court on Human and Peoples' Rights, European Committee for the Prevention of Torture, Inter-American Commission on Human Rights, UN High Commissioner for Refugees (UNHCR), UN Office for the Coordination of Humanitarian Affairs (UNOCHA), UN Educational, Scientific and Cultural Organization (UNESCO), UN Department of Economic and Social Affairs (UNDESA), Food and Agriculture Organization of the UN (FAO), UN Human Settlements Programme (UN-HABITAT), International Committee of the Red Cross (ICRC), Declaration on the Granting of Independence to Colonial Countries and Peoples, Cairo Declaration on Human Rights in Islam, Declaration on the Elimination of Discrimination Against Women, Declaration on the Elimination of Violence Against Women, Declaration on the Rights of Indigenous Peoples, Declaration on sexual orientation and gender identity, American Declaration of the Rights and Duties of Man, Vienna Declaration and Programme of Action, United Nations General Assembly Resolution 1514 (XV) Granting of Independence to Colonial Countries and Peoples, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Political Rights of Women, Convention on the Rights of Persons with Disabilities, United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, International Convention on the Suppression and Punishment of the Crime of Apartheid, International Convention for the Protection of All Persons from Enforced Disappearance, Indigenous and Tribal Peoples Convention, 1989, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, African Charter on Human and Peoples' Rights, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), Convention for the Protection of National Minorities, Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), on the Elimination of All Forms of Discrimination against Persons with Disabilities, Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará Convention), Convention on the Prevention and Punishment of the Crime of Genocide, Convention Relating to the Status of Refugees, Protocol Relating to the Status of Refugees, Convention on the Reduction of Statelessness, Rome Statute of the International Criminal Court, International Decade for a Culture of Peace and Non-Violence for the Children of the World, Organisation for the Prohibition of Chemical Weapons, Standard Minimum Rules for the Administration of Juvenile Justice, Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules), Treaty on the Non-Proliferation of Nuclear Weapons, Treaty on the Prohibition of Nuclear Weapons, UN Advisory Committee of Local Authorities, World Federation of United Nations Associations, United Nations Prize in the Field of Human Rights, https://en.wikipedia.org/w/index.php?title=ASEAN_Human_Rights_Declaration&oldid=1010204175, Creative Commons Attribution-ShareAlike License, This page was last edited on 4 March 2021, at 09:19.