Civil Society Engagement in ASEAN: Appreciating the Journey, Cultivating Gains and Addressing the Challenges

YUYUN WAHYUNINGRUMSenior Advisor on ASEAN and Human Rights (HRWG) Indonesia

It is about building a

democratic dialogue in ASEAN

Since the adoption of ASEAN Charter in 2008, even far before its adoption, much was said about engaging civil society, respecting human rights, promoting democracy and about good governance in ASEAN’s high-level statements and documents.

Civil society has not always a key component in the decision-making history of ASEAN, however, gradually but partially, it has been changed in recent years.

There is an increase of openness shown ASEAN and some member countries to allow the participation of wider stakeholders in their decision-making processes

There are emerging interests by civil society organisations (CSOs) to engage with ASEAN

Initial efforts to link ASEAN with the people in the region were already pursued since the late 1990s through the ASEAN People’s Assembly (APA)

In 2005 that civil society groups began to put their acts together to begin seeking direct access to ASEAN policy-making circle

APPRECIATING THE JOURNEY

Strategy: Simultaneous Approaches

Top Down: Creation of demand in regional level through regional organizations. ASEAN secretariat ASEAN

Representatives/Bodies International Institutions

Bottom Up: Pushing for need of making ASEAN to be more people-centered Individual member countries CSOs/NGOs (Nat & Regional)

ASEAN: Credible, Accessible, Responsive, Accountable, Transparent

Regional Lobby,

Network &

Advocacy

National Lobby,

Network, Advocacy

& Campaign

Element of CS’s Engagement:

Crossing-over,Member of the WG, Assistance

for the Reps

Annual CS Performance

Report on AICHR

Campaign: Media,

International Community,

public

Communication & Inputs

Submission

Knowledge Building + Research

Relationship/Stakeholder

Building

Network-Building incl.

Social Networking

Training and Workshops on ASEAN human

rights mechanisms

Lobby & Working behind

the Scene

Shaping the issues & priorities of ASEAN HR Mechanisms

Standard Setting Agenda Setting Influencing the

process, decision making & end-result

Pressures: Bottom-up, Top-down

Opinion building

Current Initiatives

Targets of CS

Engagement

ASEAN Leaders

ASEAN Secretariat

AICHR

AMM (Foreign Ministers Meeting)

ACWCACMW

Committee Permanent

Representatives (CPR)

Sectorial Bodies

ASEAN SecGen

ASEAN Forum on Migrant Labor (AFML)Informal Dialogue

w ASEAN SecGen on Human Rights

ACSC/APF

CS Forum to ACMW

CS Forum on AICHR for AMM

CS Forum toACWC

Informal Meeting with Civil Society (Interface Meeting)

Informal Dialogue w ASEC on Communities

Informal Dialogue with CPR

More?

ASEAN Civil Society Conferences/ASEAN Peoples Forums 2005-2012

Year Place The Name of the Event

2005 Shah Alam, Malaysia

1st ASEAN Civil Society Conference (ACSC)

2006 Cebu, the Philippines

2nd ASEAN Civil Society Conference (ACSC)

2007 Singapore 3rd ASEAN Civil Society Conference (ACSC)

2009 Bangkok, Thailand

4th ASEAN Civil Society Conference (ACSC)/ 1st ASEAN Peoples’ Forum (APF)

2009 Hua Hin, Thailand

5th ASEAN Civil Society Conference (ACSC)/2nd ASEAN Peoples’ Forum (APF)

2010 Hanoi, Vietnam 6th ASEAN Peoples’ Forum (APF)

2011 Jakarta, Indonesia

ASEAN Civil Society Conference (ACSC)/ ASEAN Peoples’ Forum (APF) 2011

2012 Phnom Penh, Cambodia

ASEAN Civil Society Conference (ACSC)/ ASEAN Peoples’ Forum (APF) 2012 – March & November

2013 Brunei

2014 Myanmar

The ACSC/APF Process

Aimed at community building and solidarity amongst SEA peoples

Pushing for inclusion in place of exclusion: people’s participation, people-to-people regionalism

Aimed at engagement with ASEAN

Socializing ASEAN among its peoples

and the Institutionalization of engagement mechanisms and processes

Transparency and Accountability

Leaders’ Interface Meeting with CS

Year ACSC/APF Process (Track III/CS)

ASEAN ISIS Process (Track II/Think Tank)

2005, Malaysia

1st ACSC/ ASEAN Civil Society Conference in Shah Alam15 Minute MeetingMixed Delegation of 10 and 10 ASEAN Heads of State

2006, Philippines

2nd ACSCNo Interface Meeting with Leaders

APA/ASEAN Peoples’ Assembly by ASEAN ISIS (process recognized by ASEAN Chair) in ManilaNo Interface Meeting with Leaders. Instead Reading of APA Chairman’s Report

2007, Singapore

3rd ACSCNo Interface Meeting with Leaders

ACSC 2007 by SIIA Simon Tay (process recognized by ASEAN Chair)No Interface Meeting with Leaders. Instead Reading of ACSC 2007 Chairman’s Report

Leaders’ Interface Meeting with CSYear ACSC/APF Process (Track

III/CS)

2009, February, Bangkok

4th ACSC (within the 1st ASEAN Peoples’ Forum)30 minute Interface between CS Delegation and ASEAN Heads of StateHua-Hin, Thailand was divided into two sections. The first 15 minutes was for the meeting with CS Delegates and the rest 15 minutes was for those who have been rejected by the Rep of Government (Myanmar and Cambodia)

2009 October, Cha-am

2nd ASEAN Peoples’ Forum/5th ASEAN Civil Society Conference15 minutes, Interface Meeting between CS Delegation (some government appointed) and ASEAN Heads of State (optional)

2010 Hanoi

6th APFNo Interface Meeting with Leaders. Instead CS Reps met with Chair of ASEAN, the Vice Prime Minister of Vietnam.Recognition of the process. ASEAN Chairman’s statement: 2 paragraphs appreciation of organizing of the APF and took note of invaluable inputs from civil society

Leaders’ Interface Meeting with CSYear ACSC/APF Process (Track

III/CS)

2011, Jakarta

•10 persons representing 10 countries•45 minutes (additional 15 mins from earlier agreement 30 mins) •4 speakers (extended from initially only one speaker allowed)•Time: 15:45 – •10+1 (HoS/G + Foreign Min), ASG + DSG Corp and Comm Affairs•Indonesia’s President greets all CS Delegates at the door•Indonesia’s President welcomes CS Delegates, makes speech and allows CS Delegate to speak•All delegates introduce themselves by mentioning the name and followed by “I am from ASEAN”•Indonesia’s President, Malaysia PM Najib, Razak, Thai PM Abishit Vejajiva, and PM Vietnam Nguyen Tan Dzung responded (see Annexes)•Indonesia’s President gives closing remarks and walks toward the CS Delegate and shakes their hand one by one. All leaders follow.

Leaders’ Interface Meeting with CSYear ACSC/APF Process (Track

III/CS)

2012, Phnom Penh

• Head of States met representatives from GONGOs of 8 countries (absent: Indonesia and the Philippines)•30 minutes•Topic: gender and development

2013, Brunei

CSO Platforms in engaging ASEAN

Name frequent

Engaging the body

ACSC/APF annually ASEAN SUMMIT Head of States/Governments

ASEAN Disability Forum (ADF) annually

ASEAN Youth Forum annually

ASEAN Grass-root People Assembly

annually

ASEAN Community Dialogue annually ASEAN Committee Permanent Representatives (CPR)

CPR

Civil Society Forum to AMM on human rights

annually ASEAN Ministers Meeting (AMM)

Foreign Ministers

Informal Dialogue between CSO and ASG

annually ASEAN Secretary General (ASG)

Secretary General

Jakarta Human Rights Dialogue in ASEAN

annually ASEAN Human Rights Mechanisms

AICHR, ACWC

GO-NGO Forum on Social Welfare & Development

annually ASEAN Senior Official Meeting on SWD

SOM officials

Current CS Engagement with Human Rights Mechanisms

AICHR only want to meet with those who are affiliated with the ASEAN Charter

The newly adopted AICHR Guideline of Operation silent on CS engagement

After number of rejection and selectivity manner in engaging civil society, on June 22, AICHR conducted a regional consultation on AHRD

Consultation only happen in Indonesia, Thailand and the Philippines

CS continue to submit inputs, reports, papers to AICHR

CS is a sensitive issue in AICHR, but during their visit to US, they met US-based CSOs

Started with Informal Dinner (2011), Informal Session (2011), Joint-Workshop (2012), Formal Session (2012)

Informal Session: 9 out of 20 Reps attended

Informal Session: 16 out 20 Reps attended

Joint-Workshop: 18 out of 20 Reps attended

Formal Session: 20 Reps attended

Good Result, Good process, substantive discussion, cordial ambiance

Inputs from CS have been included in the reference documents of the ACWC

The initial suggestion to erase civil society” & international standards” in TOR ACWC has been put down

ACWC uses inputs from CS in formulating their positions

AICHR ACWC

Engagement in AHRD drafting process

DRAFT TO BE ADOPTED21st ASEAN SUMMIT, Phnom Penh, 18-20 November 2012

FINAL DRAFT, -- 12 Sept 2012, CS Consultation in ManilaASEAN Ministerial MeetingAICHR Meeting on AHRD

July 2012August-Oct 2012

FIRST DRAFT – 22 June 2012, CS Consultation in KLAICHR Meeting on AHRD Jan – June 2012

BASIC DRAFT Drafting Group on AHRD June 2011-Jan 2012

CULTIVATING GAINS Civil Society’s role is visible in ASEAN community building

Civil Society engagement improve the accountability of ASEAN. A critical and watchful civil society is a factor of paramount importance for good governance

Growing discussion on governance and government, people-oriented versus people-centered organization

ACSC should remain as one of the key platforms which civil society uses to exchange ideas and advance their inputs to ASEAN leaders and relevant policy-makers

Civil-Society should maintain its process as civil society-led and show willingness and readiness to engage with ASEAN and its Member Government

He organizing of ACSC should be improved from time to time through trying and experiencing

INCLUSION OF CSO’S INPUTS IN AHRD

Article 9: …. The process of such realisation shall take into account peoples’ participation, inclusivity and the need for accountability.

Article 22: ... All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated.

Article 27 (3) …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.

Article 36: …ASEAN Member States should adopt meaningful people-oriented and gender responsive development programmes aimed at poverty alleviation

and so on…

+Our Collective Knowledge in the last 8 years

• Mainly: ILO, UNFCCC, CEDAW, UNCRC, UNDRIP, &MDGs

• Against unjust FTA, privatization,

• Reject neoliberal economic policies

• Democracy• Human Rights• Transparency• Accountability

• Particularly: Women & Youth, Indigenous People / Ethnic Minority, and CSOs

CSO Participation in Decision

Making Process (1,2,3,6,7)

Adoption of Basic

Universal Values (3,4,5,6,7)

Adoption of UN Bodies’

related Conventions (1,2,4,5,6,7)

Holistic - rights-based

approach on

Development (1,2,4,5,6,7)

ASEAN’s Alternative Regionalism (Source: HRWG Study, 2011)

ADDRESSING GAPS & CHALLENGES

How have we been following up our recommendations to ASEAN? Who should do this task? What would be the follow up mechanisms for this?

Lack of coherence between regional and national efforts

Paternalistic approach in civil society participation

Lack of accountability

Politicization of the participation, people’s voices and inclusion

Criminalization of dissents

CSO Platforms in engaging ASEAN

Name frequent

Engaging the body

ACSC/APF annually ASEAN SUMMIT Head of States/Governments

ASEAN Disability Forum (ADF) annually

ASEAN Youth Forum annually

ASEAN Grass-root People Assembly

annually

ASEAN Community Dialogue annually ASEAN Committee Permanent Representatives (CPR)

CPR

Civil Society Forum to AMM on human rights

annually ASEAN Ministers Meeting (AMM)

Foreign Ministers

Informal Dialogue between CSO and ASG

annually ASEAN Secretary General (ASG)

Secretary General

Jakarta Human Rights Dialogue in ASEAN

annually ASEAN Human Rights Mechanisms

AICHR, ACWC

GO-NGO Forum on Social Welfare & Development

annually ASEAN Senior Official Meeting on SWD

SOM officials

WAYS FORWARD: FOR DISCUSSION

Expanding spaces for civil society in ASEAN Process – there is a need to discuss how, where, when

We want an INCLUSIVE GOVERNANCE IN ASEAN which reflect the values of inclusivity, accountability, non-discrimination, human rights-based approach, embodied best practices, gender equality, replicable at the national level, with verifiable indicators

Inclusive government indicators: freedom of information, access to participate in all levels matters,

Need to overcome the problem in organizing ACSC/APF at the national level. Take the issue as regional responsibility, our responsibility

There is a need to have a grand and long-term strategy on how to institutionalize the participation and involvement of civil society in ASEAN

Building up the blocks that have been initiated by the previous chair rather than making a new one

Way Forward