LBH Jakarta reaffirms our stand to reject the ASEAN Human Rights Declaration (AHRD). The Director of LBH Jakarta, Febi Yonesta, was invited by the ASEAN Secretariat to symbolically receive the AHRD in the ASEAN Day Celebration. LBH Jakarta holds our view that the AHRD contained many articles which are less than international human rights standard. The event which titled Celebrating ASEAN Day was planned to be held on Friday, 23 August 2013. In the event, it was planned to include AHRD Launching in which our Director was invited to symbolically receive it.
LBH Jakarta has turned down the invitation, in line with our stand on AHRD that we already stated before. On 14 November 2012, LBH Jakarta and several civil society representatives was invited by the Ministry of Foreign Affairs of Indonesia to have a dialog with the Minister, Mr. Marty Natalegawa, and at that time we already stated our view that LBH Jakarta rejects the adoption of AHRD. However, on 18 November 2012, ASEAN Head of States adopted the Declaration and signed the Phnom Penh Statement anyway.
Our rejection was based on several reasons below:
- A declaration or regional instrument should set a higher standard than existing international standard, or in this case the Universal Declaration of Human Rights (UDHR). Higher regional human rights standard than the UDHR, which was drafted 34 years ago, would reflect the commitment of ASEAN Member States to the international community. Conversely, by setting lower standard than the UDHR and even contradicting it will weakened the enforcement and implementation of human rights in the Southeast Asia. The AHRD could be a legitimation of ASEAN governments to avoid international responsibility to respect, protect and fulfill human rights. The adoption of AHRD hopefully will not affect legislation amendment and human rights implementation to worse condition since AHRD was expected to be the platform of human rights convention in ASEAN, and a declaration cannot be revised or amended.
- The drafting process of AHRD was not transparent and did not involve civil society. It is in contradiction with one of ASEAN purpose to promote a people-oriented ASEAN in which all sectors of society are encouraged to participate in, and benefit from, the process of ASEAN integration and community building (Paragraph 1.13 of ASEAN Charter). In both AICHR’s formal consultation processes with the civil society in 2012, the draft was not even distributed.
- In the context of Indonesia specifically, Indonesia has ratified most of core international human rights conventions which reflects human rights standard in Indonesia. However, so far the condition of human rights implementation in Indonesia has not fulfilled the standard. The drafting process of AHRD with all of its defiants from international human rights standard and principles will lower Indonesia’s standard and possibly worsened the implementation of human rights in Indonesia. When Indonesia did not fight for the fulfillment of international human rights standard in AHRD, it shows that Indonesia no longer seats in key role and give examples to other ASEAN member states on human rights.
Febi Yonesta stated that, “Indonesia agreement on AHRD threats the progress of democracy and human rights in Indonesia, and Southeast Asia in general”. Thus, LBH Jakarta will not attend the invitation from ASEAN Secretariat to symbolically receive AHRD. It is also to maintain solidarity with our civil society fellows in Indonesia and other ASEAN Member States, who also reject AHRD.
Jakarta, 22 Agustus 2013
LBH JAKARTA
Contact Person:
Febi Yonesta (+6287870636308), Muhamad Isnur (+6281510014395)
