HRW to Asean: Set Timetable for Human Rights Mechanism

ASEAN should reach agreement on a timeframe for an independent and transparent mechanism to enforce the Charter’s commitments by the time it enters into force, which is 30 days after the Charter is signed.

For the human rights provisions of the new Charter to function effectively, ASEAN should:

* Ask all Member States to sign and ratify the core human rights conventions such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention Against Torture, the Convention on the Elimination of all forms of Racial Discrimination, the Convention Against Enforced Disappearances and their optional Protocols where they exist;
* Adopt regional human rights institutions, with committees assigned to address specific issues such as those protected under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
* Review the human rights records of all Member States on a regular basis.

Burma
On July 24 2007, you told reporters that the Charter will help ASEAN’s relationship with Burma, adding that it would “stress responsibility and obligation of the membership,” compared to current discussions on compliance which are “more persuasive, more informal.” The draft Charter states that the ASEAN Summit shall address emergency situations affecting ASEAN by taking appropriate action. We strongly urge ASEAN Member States to act on the Charter by addressing the emergency situation is Burma as a test case.

Indeed, recent events in Burma show the need for a strong Charter to deal with grave human rights violations, such as the killings of monks and peaceful protestors and the detention of thousands. ASEAN’s welcome expression of “revulsion” should act as a guide for its future dealings with the Burmese State Peace and Development Council (SPDC). Since its admission in 1997, Burma has continuously embarrassed ASEAN by breaking one pledge after another to make progress on national reconciliation and the transition to a civilian government. In the absence of a functional regional human rights mechanism, when Burma signs the ASEAN Charter at this Summit, we urge all ASEAN Member states to take immediate action against Burma for its violation of human rights. We call on ASEAN to do more to urgently protect the rights of Burmese people as citizens of ASEAN.

In particular, we urge you to convey a strong message to the Burmese junta on behalf of ASEAN to outline the steps the SPDC must take immediately, including:

* Release all political detainees and prisoners and account for all “disappeared” persons;
* Embark on serious, structured, and time-bound negotiations with opposition parties and ethnic groups to create democratic, civilian rule as soon as possible;
* Cease all violations of international humanitarian law in the conflict with ethnic minorities;
* Cease restrictions on humanitarian aid and the activities of UN agencies and international NGOs in Burma.

In addition, ASEAN itself should take firm action to encourage needed reforms in Burma and improve human rights protection, including as follows:

* Support UN Security Council resolutions calling for sanctions or other collective action to address the crisis in Burma;
* In the absence of Security Council-imposed sanctions, ASEAN (along with its member countries) should act to impose targeted sanctions to encourage an end to ongoing repression:
o Ban new investment and prohibit the importation of select products, such as gems and timber, from Burma;
o Prohibit business partnerships with or payments to entities owned or controlled by the Burmese military, or whose revenues are largely used to finance military operations (as opposed to social spending).
* Implement an ASEAN arms embargo on Burma;
* Support the work of the UN Special Rapporteur on the situation of human rights in Burma to investigate human rights abuses committed during and after the August and September protests;
* In line with the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers ensure the protection and fundamental rights of migrant workers from Burma, particularly in Thailand, Malaysia, and Singapore.

For too long, ASEAN Summits have been viewed merely as “talk shops” at which little is done substantively to resolve the urgent human rights and other issues affecting ASEAN’s people.

ASEAN now has a real opportunity to set an example for other regions of the world on how a human rights mechanism can function effectively to protect human rights. We would hope ASEAN can provide a model in implementing an effective regional human rights mechanism.

Yours sincerely,

Brad Adams
Executive Director
Asia Division

Cc: Foreign Ministers, ASEAN Member States

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