30 October 2012
CCHR Urgently Requests Dialogue on the Draft ASEAN
Human Rights Declaration
Dear Mr Panhha,
I
write to you regarding the submission of the draft ASEAN Human Rights
Declaration (the “AHRD”) at the forthcoming 21st ASEAN Summit, which will take
place in Phnom Penh from 18 to 20 November 2012. I should like to express my grave concern that, in your
capacity as a member of the Cambodian Drafting Team for the AHRD, you have not
as yet sought any meaningful dialogue with Cambodian civil society or solicited
any input or suggestions in connection with the AHRD.
Under
Article 1 of the ASEAN Charter, all ASEAN members have pledged to: “promote a people-orientated ASEAN in which
all sectors of society are encouraged to participate in, and benefit from, the
process of ASEAN integration and community building.” I respectfully remind you that “all sectors of society” includes civil
society organizations – such as the Cambodian Center for Human Rights
(“CCHR”) – who not only focus on people by engaging in the protection and
promotion of human rights, but who also endeavor to participate in the process
of ASEAN integration and community building by supporting their governments and
engaging with civil society groups in other ASEAN countries.
In
November 2011, the United Nations High Commissioner for Human Rights, Ms
Pillay, made the first ever address to the ASEAN Intergovernmental Commission
on Human Rights (the “AICHR”).
During her address, Ms Pillay forewarned that the AICHR’s success would
be judged by its achievements and that its work would be compared with other
regional bodies. She urged the
AICHR to heed civil society’s requests for greater transparency, particularly
as regards the drafting of the AHRD.
These requests have been reiterated on a number of occasions throughout
the ASEAN community – including Cambodia.
However, so far, only the Thai and Indonesian Drafting Teams have
indicated that they will consult with civil society and national stakeholders.
There
is real concern within Cambodian civil society, including CCHR, that the
current draft of the AHRD does not fully comply with international human rights
law and standards. It would be a
welcome development if the details of these reservations could be raised with
you in your official capacity via meaningful dialogue and in a harmonious
setting, prior to the submission of the AHRD at the forthcoming summit. Such dialogue would in turn enrich and
legitimize the AICHR deliberations and decision-making process, which, like
other forward-looking regional bodies, should rely on the principles of
consultation, transparency, and accountability. In the event that dialogue is not forthcoming, it is likely
that the legitimacy of the AHRD will be brought into question amidst
significant public scrutiny and criticism.
In
June 2012, H.E. Dr. Om Yentieng, the Representative of Cambodia and Chair of
AICHR, acknowledged the importance of the AHRD which “will affect the lives of the many millions who live in ASEAN”. As Chair of the AICHR, Cambodia has the
responsibility of being seen to uphold the aims and spirit of the ASEAN Charter
and the AHRD. Under the gaze of
all regional and international bodies, Cambodia should embrace the opportunity
to demonstrate its respect for consultation, transparency and accountability,
in the pursuit of the protection and promotion of human rights.
In
light of the above, I therefore urge you to consider inviting members of
Cambodian civil society to attend a national meeting where there can be
meaningful dialogue concerning the drafting of the AHRD, with a view to
developing a document that is – at least from the Cambodian perspective –
properly representative of the people as well as to their benefit. I also request that you publish the
current draft of the AHRD in advance of such meeting so as to facilitate
productive dialogue.
Due
to the proximity of the ASEAN summit, I should be grateful for your urgent
response.
Yours
sincerely,
Chak
Sopheap
(Acting
President of CCHR)
CC:
Samdech Techo
Hun Sen (Prime Minister of the Kingdom of Cambodia)
H.E. Dr
Om Yentieng (Senior Minister and President of the Cambodian Human Rights
Committee (CHRC), the Representative of Cambodia, and Chair of AICHR)
Please note that this letter is also attached in PDF format, along with a scan of the signed original Khmer version.
Kind regards,
CCHR
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