asean human rights declaration
Every person has the right to be free from arbitrary interference with his or her privacy, family, home or correspondence including personal data, or to attacks upon that person’s honour and reputation. The right to adequate and affordable food, freedom from hunger and access to safe and nutritious food; Every person has the right to personal liberty and security. This is the talk page for discussing improvements to the ASEAN Human Rights Declaration article. 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. 23. Put new text under old text. Higher education shall be equally accessible to all on the basis of merit. No person shall be subject to arbitrary arrest, search, detention, abduction or any other form of deprivation of liberty. ... Microsoft Word - ASEAN-Human-Rights-Declaration Author: user (2) No person shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. They are endowed with reason and conscience and should act towards one another in a spirit of humanity. 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 … ASEAN’s recent declaration on human rights has been met with criticism from a broad spectrum of groups. 2012. 8. ASEAN Declaration on the Advancement of Women. In 2009, the Association of Southeast Asian Nations (ASEAN) established the ASEAN Intergovernmental Commission on Human Rights to promote human rights in the ten ASEAN countries. Article 10 directly affirms "all the civil and political rights in the Universal Declaration of Human Rights," and these are detailed in Articles 11- 25. 34. International Human Rights Law Review, 2014. 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. 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. ASEAN Human Rights Declaration as a Reflection of Asian Values Antonius Galih Prasetyo Abstract: ASEAN Human Rights Declaration (AHRD) accepted in November 2012 stirs heated controversy because the formulation contained within it is regarded as below international human rights standards. ASEAN Human Rights Mechanism. Specifically, ASEAN Member States affirm the following rights and fundamental freedoms: 11. The Declaration was adopted unanimously by ASEAN members at its 18 November 2012 meeting in Phnom Penh, Cambodia. 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. 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. 4. 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. No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment. 18. 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 … The right to clothing; 14. Every person has the right to freedom of peaceful assembly. 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. Every person is entitled to the rights and freedoms set forth herein, without distinction of any kind, such as race,... 3. That Member States opted for a declaration could also be viewed from another perspective. 37. 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. Association of Southeast Asian Nations [Internet]. 9. While development facilitates and is necessary for the enjoyment of all human rights, the lack of development may not be invoked to justify the violations of internationally recognised human rights. 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 human rights and fundamental freedoms of every person shall be exercised with due regard to the human rights and fundamental freedoms of others. WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (hereinafter referred to as “ASEAN”), namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, on the occasion of the 21st ASEAN Summit in Phnom Penh, Cambodia. Download PDF. All human rights are universal, indivisible, interdependent and interrelated. ), protection from discrimination in treatment for "people suffering from communicable diseases, including HIV/AIDS" (Art. 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. (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. 31. 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. (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. By mid-2012, the Commission had drafted the ASEAN Human Rights Declaration. (3) Motherhood and childhood are entitled to special care and assistance. The Declarat… 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. [5], The U.S. Department of State and the United Nations High Commissioner for Human Rights welcomed the Declaration, but with substantive reservations. Every person has the right to the protection of the law against such interference or attacks. 30. The establishment of the AICHR demonstrates ASEAN’s commitment to pursue forward-looking strategies to strengthen the regional cooperation on human rights. Every person has the right to an effective and enforceable remedy, to be determined by a court or other competent authorities, for acts violating the rights granted to that person by the constitution or by law. This is not a forum for general discussion of the article's subject. Secondary education in its different forms shall be available and accessible to all through every appropriate means. [4] Human Rights Watch described it as a "declaration of government powers disguised as a declaration of human rights". e. The right to safe drinking water and sanitation; 39. To this end, ASEAN Member States should continue to enhance friendship and cooperation in the furtherance of peace, harmony and stability in the region. 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) Critics have challenged the efficacy of the AICHR as a human rights body and the AHRD as a human rights instrument. At the same time, the realisation of human rights must be considered in the regional and national context bearing in mind different political, economic, legal, social, cultural, historical and religious backgrounds. 8). Every person has the right to leave any country including his or her own, and to return to his or her country. All rights reserved. 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). ASEAN Human Rights Declaration. They are endowed with reason and conscience and should act... 2. The KLDHR represented an early initiative to include human rights … (3) Education shall be directed to the full development of the human personality and the sense of his or her dignity. All persons are born free and equal in dignity and rights. No person shall be deprived of life save in accordance with law. The new ASEAN Human Rights Declaration is a diamond with significant flaws, but we are better off having this flawed diamond than nothing at all, … Specifically, ASEAN Member States affirm the following rights and fundamental freedoms: √ ข้อบทที่ ๑๐ รัฐสมาชิกอาเซียนยืนยันสิทธิพลเมืองและ 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. Every person has the right to freedom of movement and residence within the borders of each State. No person ibe to or cr degrading or has the to freedom of movement and within eecft Steta Every fias the any country or to har countn/2 has right to seek receiva in State … Every person has an inherent right to life which shall be protected by law. a. Specifically, ASEAN Member States affirm the following rights and fundamental freedoms: 11. (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. On 18 November 2012, the Heads of State of the ten-member Association of Southeast Asian Nations (ASEAN) adopted the ASEAN Human Rights Declaration (‘the AHRD’). The asean Human Rights Declaration. Specifically, ASEAN Member States affirm the following: 27. COOPERATION IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS On 18 November 2012 the ‘Association of Southeast Asian Nations’ (ASEAN) adopted the ASEAN Human Rights Declaration (AHRD). CALL UPON international organisations, National Human Rights Institutions, ASEAN dialogue partners and other countries to extend support and assistance to the implementation of the measures contained in this Declaration; and. 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 Site designed and built by GreenNet The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. c. The right to adequate and affordable housing; 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. CIVIL AND POLITICAL RIGHTS 10. All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated. It is deplorable that the governments of ASEAN have insisted on making a … 24. b. 1 The AHRD is important for two reasons. 6. Every person has the right to a nationality as prescribed by law. has to be person shelû dtpfived cf. 13. The document is a proclamation of governmental powers disguised as a declaration of 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’. ASEAN Human Rights Declaration (2012) (Adopted by the Heads of State/Government of ASEAN Member States, 18 November 2012) WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (hereinafter referred to as "ASEAN… The Declaration details ASEAN nations' commitment to human rights for its 600 million people. Every person has the right to an adequate standard of living for himself or herself and his or her family including: Thus, the asean Intergovernmental Commission on Human Rights (aichr) was inaugurated in October 2009 implementing the commitment of Article 14 of the asean Charter to have a human rights body established.13 Three years later, the ahrd was adopted. ASEAN Human Rights Declaration: A New Form of Universalism* Rachminawati** Abstract Just recently ASEAN has adopted The ASEAN Human Rights Declaration. ASEAN Member States should also set age limits below which the paid employment of child labour should be prohibited and punished by law. [1], However, the Commission has been widely criticized for the lack of transparency and failure to consult with ASEAN civil society during drafting process. The United Nations human rights chief today welcomed the renewed commitment by leaders of the Association of Southeast Asian Nations (ASEAN) to universal human rights norms – but expressed concern that the regional body’s recently-adopted human rights declaration, the region’s first, retains language that is not consistent with international standards. The ASEAN Human Rights Declaration (AHRD) has been wel-comed as the most impressive commitment to protecting hu-man rights within ASEAN ever created. (3) No person shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with the law and penal procedure of each ASEAN Member State. 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. ASEAN Human Rights Declaration 1. 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. ASEAN Member States affirm all the civil and political rights in the Universal Declaration of Human Rights. 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. [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. 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’. Konstantinos Magliveras. ASEAN Intergovernmental Commission on Human Rights; ASEAN Commission on the Rights of Women and Children; ASEAN Committee on Migrant Workers Every person and the peoples of ASEAN have the right to enjoy peace within an ASEAN framework of security and stability, neutrality and freedom, such that the rights set forth in this Declaration can be fully realised. the of Human ASEAN St9tes has to be person shelû dtpfived cf 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. 26. November 28, 2012. The adoption of a credible ASEAN Human Rights Declaration will represent a significant step forward in these efforts. 14. The ASEAN Human Rights Declaration is adopted at the 21st ASEAN Summit in Cambodia. C ASEAN Member States affirm all the economic, social and cultural rights in the Universal Declaration of Human Rights. 4. 36. The Declaration was adopted unanimously by ASEAN members at its 18 November 2012 meeting in Phnom Penh, Cambodia. 30). 7. "[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. Every person has an inherent right … ASEAN Member States affirm all the civil and political rights in the Universal Declaration of Human Rights. The right to development is an inalienable human right by virtue of which every human person and the peoples of ASEAN are entitled to participate in, contribute to, enjoy and benefit equitably and sustainably from economic, social, cultural and political development. Brunei Darussalam; Cambodia; Indonesia; Lao PDR; Malaysia; Myanmar; Philippines; Singapore; Thailand; Viet Nam; ASEAN Human Rights Mechanism. The ASEAN Human Rights Declaration should have reflected the universally held conviction that respecting human rights necessarily means imposing limitations on … Every person has the right of recognition everywhere as a person before the law. (2) Primary education shall be compulsory and made available free to all. 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. Every child, whether born in or out of wedlock, shall enjoy the same social protection. It is ultimately the primary responsibility of all ASEAN Member States to promote and protect all human rights and fundamental freedoms. 19. 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 … REAFFIRMING our adherence to the purposes and principles of ASEAN as enshrined in the 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; REAFFIRMING FURTHER our commitment to the Universal Declaration of Human Rights, the Charter of the United Nations, the Vienna Declaration and Programme of Action, and other international human rights instruments to which ASEAN Member States are parties; REAFFIRMING ALSO the importance of ASEAN’s efforts in promoting human rights, including the Declaration of the Advancement of Women in the ASEAN Region and the Declaration on the Elimination of Violence against Women in the ASEAN Region; CONVINCED that this Declaration will help establish a framework for human rights cooperation in the region and contribute to the ASEAN community building process; 1. The ASEAN Human Rights Declaration is a historic document that sets out a common framework for protection of human rights in the region. Joint Statement of the ASEAN-Australia Special Summit: The Sydney Declaration Sydney Australia, 18 March 2018. The Decla-ration is fascinating in … READ PAPER. TASK the ASEAN Ministerial Meeting on Social Welfare and Development to monitor the progress of this Declaration. 5. ASEAN States the poüticaG the of Human ASEAN St9tes. [2] Eventually the evolution of these documents lead to the current one adopted by ASEAN beginning 2012. Every person is entitled without discrimination to equal protection of the law. 29. [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. The ASEAN Human Rights Declaration, adopted in 2012 without civil society participation, undermines, rather than affirms, international human rights law and standards. The Universal Declaration of Human Rights (UDHR) lays out universal principles of human rights that are the entitlement of all persons everywhere, establishing a minimum baseline for the protection of human rights. 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. The ASEAN Human Rights Declaration should have reflected the universally held conviction that respecting human rights necessarily means imposing limitations on the powers of government. 77 The Kuala Lumpur Declaration on Human Rights (KLDHR) was drafted by the ASEAN Inter-Parliamentary Assembly (AIPA), a cooperative assembly of parliamentary representatives from ASEAN member-States. In 2009, the Association of Southeast Asian Nations (ASEAN) established the ASEAN Intergovernmental Commission on Human Rights to promote human rights in the ten ASEAN countries. Gino Naldi. 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. 36), and the right to peace (Art. No person shall be arbitrarily deprived of such property. 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). 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 … The Declaration details ASEAN nations' commitment to human rights for its 600 million people. 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. 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. 12. OHCHR collaboration with AICHR Since 2006, the Regional Office for South-East Asia has supported ASEAN in its human rights work in line with international standards. Right to Education Initiative ©2018. 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. 26. 10. The rights of women, children, the elderly, persons with disabilities, migrant workers, and vulnerable and marginalised groups are an inalienable, integral and indivisible part of human rights and fundamental freedoms. 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. Every person is equal before the law. By Mong Palatino. In 2009, ASEAN established the ASEAN Intergovernmental Commission on Human Rights (AICHR), and in 2012 it adopted the ASEAN Human Rights Declaration (AHRD). The Declaration fails to include several basic rights and fundamental freedoms such as the right to freedom of association and the right to be free from enforced disappearance. 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 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). 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.