Thayer Asean Human Rights Commission

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Background Briefing: ASEAN and Its Human Rights Commission Carlyle A. Thayer October 25, 2009

[client name deleted] 1. Do you think that ASEAN wants take the initiative on this issue, instead of passively reacting to attacks by the US and the EU? ANSWER: ASEAN reached consensus in 2007 to establish a human rights body but only because the details were left to be decided. Now ASEAN has established an ASEAN Intergovernmental Commission on Human Rights (AICHR) staffed by one commissioner from each country. The powers of this body are not as extensive and intrusive as some countries and civil society organizations would have liked. Indeed, civil society organizations were given short shrift when a meeting they were supposed to have with ASEAN officials had to be cancelled due to a boycott by some states. The bottom line is ASEAN is divided about the scope and powers of the AICHR for the moment. If we take a longer view, ASEAN has the potential to make the AICHR more effective as time goes by. ASEAN civil society organizations will organize and create more effective networks. ASEAN’s democratically inclined members will use every opportunity to push the human rights envelope a bit further. ASEAN has to decide whether to police itself or to continue and let outside powers, such as the US and EU, step up their hectoring. 2. Judging by the recent developments in the region, does ASEAN want to take soft measures to align more closely to the US and EU in order to avoid greater dependence on China? For instance, one of the obstacles for the bilateral Free Trade Agreement between the EU and ASEAN is the human rights issue in Myanmar. ANSWER: The impetus to develop the AICHR can be explained by domestic pressures in newly democratizing countries in ASEAN, such as Indonesia, and by external pressures to conform to international norms regarding human rights. Singapore, which is aligned towards the United States, took a hard line against civil society organizations recently. The China factor cannot explain Singapore’s stance. Many of the old ASEAN members would like to get the Myanmar issue off their backs so they do not suffer collateral damage in their dealings with the EU. But there is a limit to how far they can go. Individual ASEAN states have attempted to influence Myanmar to open up and pursue a path of national reconciliation. At the same time, ASEAN has stood firm and insisted that Myanmar be seated at the table in negotiations with the European countries such as at the Asia Europe Meeting (ASEM) summits. 3. Do you expect Vietnam, as the next ASEAN Chair, to promote the operations of the ASEAN Intergovernmental Commission on Human Rights? ANSWER: Vietnam, through statements by President Nguyen Minh Triet and Prime Minister Nguyen Tan Dung, has surprised most observers in this year by promoting dialogue – under guidelines – between ASEAN and civil society organizations. AS ASEAN Chair Vietnam will have the responsibility of getting the AICHR’s terms of reference into operation. It will be difficult to obtain consensus because ASEAN is divided and each decision on the AICHR will

2 set a precedent for the future. For the moment there are hopeful signs of change coming from Myanmar as it prepares to receive an important US delegation. As ASEAN Chair Vietnam should play a strong behind the scenes role in promoting this dialogue. The Myanmar issue is the major human rights concern of external states.