| Sunday
Morning Post
August 6, 2000 PETER ENG WHEN
the Association of Southeast Asian Nations (Asean) agreed in 1993 to consider
creating a regional human rights body, some member countries that were
not really enthusiastic probably thought they were safe: at the time, there
seemed no way it could happen.
For Asean, the human rights issue was so sensitive it
was rarely discussed, and one of Asean's cardinal principles was that members
not meddle in the "internal affairs" of other members. Today, key obstacles
remain and a human rights body will not be formed any time soon by the
10-member group.
For one, communist-ruled Vietnam has just taken over the
year-long rotating chairmanship of Asean from democratic Thailand. But
as the Asean agenda broadens, some officials at last month's meeting in
Bangkok said the question was not whether the human rights body would be
created, but when.
"Probably it'll take a few years, but I think it's inevitably
coming," said Australian Foreign Minister Alexander Downer, joining the
meeting as a regular "dialogue partner" of Asean.
"In the time that I've been foreign minister, 4.5 years,
it's extraordinary how human rights issues have worked their way up the
agenda of Asean countries . . . other countries in the region are also
moving in that direction. Even Burma is talking about the idea of establishing
an independent human rights commission. There's a trend."
Param Cumaraswamy, a Malaysian lawyer and member of a
non-government group seeking an Asean human rights body, said: "When we
started this initiative in 1995, many people felt we were dreaming. We
now feel that dream will be realised . . . there is a wind of change."
In the 1993 meeting in Singapore, Asean foreign ministers
stressed the "importance of strengthening international co-operation on
all aspects of human rights" and "agreed that Asean should also consider
the establishment of an appropriate regional mechanism on human rights".
Such bodies now exist in the Americas, Europe and Africa,
but not Asia.
The Asean effort has been made more difficult by its expansion
since 1995 to include Vietnam, Laos and Burma, one of the world's worst
violators of human rights.
Backed by the United States, the European Union and other
world powers, Asean's democratic minority is having a greater impact than
the authoritarian majority in charting the future of Asean. That will be
more the case once Indonesia resolves its internal problems and can shift
some attention outward.
Also, while it does not publicly admit it, in recent years
Asean has been softening its principle of non-interference in the internal
affairs of member states. Knowing that international isolation of Burma
was hurting Asean as a whole, some member nations have been quietly pressing
Burma to improve its human rights record and to open talks with opposition
leader Aung San Suu Kyi.
The leaders of the Philippines and Indonesia have criticised
Malaysian Prime Minister Mahathir Mohamad's jailing of his former deputy,
Anwar Ibrahim.
After the Asean statement in 1993, human rights advocates
in several Asean countries formed a regional "working group" to lobby for
a human rights body.
The Asean foreign ministers met with the working group
in 1996. In 1997, they dropped their insistence that national human rights
commissions be formed in each Asean country before a regional body could
be established. Today, the only Asean members with national commissions
are the Philippines, Indonesia and Malaysia, while Thailand is setting
one up.
Last month in Bangkok, the working group gave Asean a
draft agreement on forming the Asean Human Rights Commission. The document
said the commission would represent all contracting states but act independently.
The commission would accept complaints of violations from individuals,
groups, and contracting states, and recommend to the governments measures
to resolve those complaints. It also would investigate alleged violations
on its own initiative.
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