working draft of the ahrd _as of 8 jan 2012 0400hrs

Working Draft of the AHRD as of 8 January at 0400hrs

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DRAFT ASEAN HUMAN RIGHTS DECLARATION

WE, the Heads of State /Government 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 ……………..; i. RECALLING the purposes and principles of ASEAN as enshrined in the ASEAN Charter, and resolved to ensure sustainable development for the benefit of present and future generations and to place the well-being, livelihood and welfare of the peoples at the centre of the ASEAN community building process with equitable access to opportunities for human development, social welfare and justice; ii. EXPRESSING a common desire and collective will to live in a region and societies of lasting peace, security and stability, sustained economic growth, shared prosperity and social progress that are vital for and conducive to the full realisation of human dignity, and stressing our commitment to strengthen democracy, enhance good governance and the rule of law and promote and protect human rights, fundamental freedoms and social justice with due regard to the rights and responsibilities of the ASEAN Member States; iii. AFFIRMING the common values and future direction of ASEAN as stipulated in the ASEAN Charter, the Cha-Am Hua Hin Declaration on the Roadmap for an ASEAN Community (2009-2015), the Declaration of ASEAN Concord II (Bali Concord II), the ASEAN Vision 2020, and other ASEAN instruments related to human rights; iv. WELCOMING the establishment of the ASEAN Intergovernmental Commission on Human Rights as the overarching human rights institution in ASEAN, and its mandate to develop an ASEAN Human Rights Declaration, and further noting ASEAN’s progress in the establishment of the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children; v. UPHOLDING the Charter of the United Nations, and international human rights standards as prescribed by the Universal Declaration of Human Rights, the Vienna Declaration and Programme of Action, and international human rights instruments to which ASEAN Member States are parties; vi. REAFFIRMING that the Declaration adheres to the purposes and principles of the ASEAN Charter, and international human rights standards, taking into account national and regional particularities; vii. ENVISAGING this Declaration as a foundational instrument to manifest common values, commitments and aspirations in the field of human rights promotion and protection for the peoples of ASEAN, and as a shared vision of ASEAN for the fulfillment of the goals and objectives set forth herein, including establishing a framework for human rights cooperation through various ASEAN conventions and other instruments dealing with human rights;


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viii. STRESSING the indivisibility of human rights and that civil and political rights, economic, social and cultural rights and right to development should be treated on equal footing with a view to creating conducive environment to achieve the betterment of human rights in the region, and ASEAN’s commitment to progressively narrow the development gap among ASEAN Member States through relevant mechanisms; ix. EMPHASIZING the interrelatedness of rights, duties and responsibilities of the human person and the ASEAN common values in the spirit of unity in diversity in the promotion and protection of human rights, while ensuring the balance between such rights, duties and /responsibilities, and the primary responsibility to promote and protect human rights and fundamental freedoms, which rests with each Member State; [x. CONVINCED that the effective recognition and realisation of the Declaration will contribute to the ASEAN Community building process and engender:

(i) concrete steps and mechanisms through which ASEAN and the Member States will devote, strengthen and combine their individual and collective efforts in the promotion and protection of human rights and fundamental freedoms, human dignity, equality and non-discrimination, which will guarantee a balance of prosperity, peace, stability and development for the shared benefit of the peoples of ASEAN;

(ii) an environment that satisfies to the fullest potential the physical, spiritual, and material needs of the peoples of ASEAN; and

(iii) popular participation, sustained economic development, social progress and lasting harmony in ASEAN;]

[X bis. CONVINCED this Declaration will contribute to the ASEAN Community building process through;

(i) strengthening ASEAN cooperation with a view to promoting and protecting human rights and fundamental freedoms, and promoting social justice, human dignity, equality and non- discrimination which will guarantee the balance of prosperity, peace, stability and development for the shared benefit of the peoples of ASEAN;

(ii) the creation of an environment where the peoples of ASEAN would enjoy, to the fullest possible extent, rights and freedoms within the regional context, and

(iii) the promotion of region-wide participation, sustained economic development, social progress and lasting harmony in ASEAN;[Viet Nam]]

Solemnly proclaim this Declaration: . . . GENERAL PRINCIPLES

Fundamental Freedoms and Human Rights of the Individuals and Their Responsibilities and Duties1

1 headings under the General Principles sections are for guidance only and is to be removed once the articles have been finalized


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1. Everyone/[All persons are][Thai/Indo/Phil] is born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of humanity.

2. Everyone is entitled to all the rights and freedoms set forth in the Declaration, without

distinction of any kind, such as race, colour, sex,2 language, religion, political or other opinions, national or social origin, [sexual identity]3, property, birth, disability or [other status].4 No one shall be discriminated against by any public authority or any third parties on any grounds.

3. [1) Everyone has the right to recognition everywhere as a person before the law

(Originally article 4). 2) Everyone is equal before the law and has the right to equal protection and equal

benefit of the law without discrimination of any kind including protection against any incitement to such discrimination. (Originally Art. 5)]5

4. [Everyone has the right, individually and in association with others, to promote and to

strive for the protection and realisation of human rights and fundamental freedoms at the national, regional and international levels without any arbitrary sanction or interference. (Originally Art. 6)]6

5. The [human] rights of women, children, the elderly, persons with disabilities, migrant

workers, [migrants], [victims of natural calamities],[internally displaced persons7] [ethnic groups, indigenous peoples] and other vulnerable groups are inalienable, integral and indivisible part of universal human rights.

6. [Everyone whose human rights have been violated has the right to an effective and

enforceable remedy, to be determined by a court or other competent authorities.]8

2 Thailand would like to put additional phrase “gender identity”. 3 Thailand proposes to change “sexual identity” with “sexual orientation” to follow the language of the CEDAW Committee. See GR. No 28 para 18 “…The discrimination of women based on sex and gender is inextricably linked with other factors that affect women, such as race, ethnicity, religion or belief , health, status, age, class, caste, and sexual orientation and gender identity.” Malaysia and Brunei propose to delete “sexual identity”. 4 Malaysia-The definition of other status and sex is to be determined in the context of ASEAN Common Values and should not be governed by the definition of other status and sex as determined by Human Rights Committee under the ICCPR and the Committee on Economic Social and Cultural Rights under the ICESCR. The views of both committees are persuasive in nature and only with reference to the State Parties to the same Covenants. Any definition of other status and sex is to be determined by ASEAN common values in the spirit of unity in diversity. Furthermore, in relation to the principle of equality, ASEAN Member States may take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Declaration. 5 Proposed by Thai/Indo/Phils 6 Proposed by Thai/Indo/Phils 7 Proposal by Thai/Indo/Phils 8 Proposal by Thai/Indo/Phils


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Duties and Responsibilities

7. [1) The human rights and fundamental freedoms of everyone shall be exercised with due regard to the rights of others, national security and common interest in compliance with international law (Originally Art. 57) and may in no case be exercised contrary to the purposes and principles of the ASEAN Charter and the Charter of the United Nations 2) Everyone shall have duties towards his or her community, State and the international community (Originally Art. 56) and must respect the human rights and fundamental freedoms of others as they contribute to the State, society and development of each individual. 3) Duties and responsibilities are implicit in the understanding of good citizens and responsible members of the ASEAN Community. (Originally Art. 54)]9

8. [The peoples of ASEAN as members of a global community have collective as well as individual duties and responsibilities to promote a culture of peace by taking appropriate actions to prevent war and foster international and regional peace, collective security and cooperation. (Originally Art. 55)]10

9. [Everyone must accept a responsibility to each and all, to families and communities, to

races, nations and religions in a spirit of solidarity]11.

10. [Everyone regardless of gender, ethnic origin, social status, political opinion, language, age, nationality, or religion has a responsibility to treat all people in a humane way.]

11. [Everyone shall have duties towards his or her community, State and the international

community (Originally Art. 56) and must respect the human rights and fundamental freedoms of others as they contribute to the State, society and development of each individual.]

12. [Everyone must respect the human rights and fundamental freedoms of others as it

contributes to the State, society and their own development. Duties and responsibilities are implicit in the understanding of good citizens and responsible members of the ASEAN Community.]

13. [Every one shall have duties towards his or her community, State and the

international community.]

14. [Duties and responsibilities are implicit in the understanding of good citizens and responsible members of the ASEAN Community. (Originally Art. 54)]

9 Proposal by ThaiIndoPhils 10 Proposal by ThailndoPhils 11 Proposal by Laos


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Duties and Responsibilities of the ASEAN Member States

15. ASEAN Member States, as part of the international community, should treat all human

rights globally in a fair and equal manner, on the same equal footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of the Member States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.

16. [Human rights are universal in nature and it is the duty of all ASEAN Member States without distinction to promote and protect human rights set forth in this Declaration. At the same time, the realization of human rights must be considered in the context of regional and national particularities bearing in mind different political, economic, social, cultural historical, and religious backgrounds]12;

17. [ASEAN Member States shall undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin.]

18. [ASEAN Member States have a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms by creating conditions necessary to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all rights and freedoms.]13

19. [The promotion and protection of human rights contained in this Declaration is

encouraged and realized through cooperation and consensus, and not through confrontation, interference and the imposition of incompatible values. Regional problems demand regional solutions which can only be achieved through exchanges, constructive approaches, non-departure from ideas, values and norms respected by all cultures and societies in ASEAN.]

20. [ASEAN Member States shall undertake to:

a) Prohibit acts of genocide or terrorism and development of weapons of mass destruction b) Tackle any new forms of slavery and servitude including human trafficking and labour exploitation. c) Prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin.]

Duties and Responsibilities of Corporations

21. [Private and public corporations have a responsibility to respect the sovereignty of the host State in which they conduct business and shall comply with the laws of host State, unless those laws constitute an infringement of human rights and fundamental freedoms, including universally accepted labour standards.]

12 Proposal by Laos 13 Proposal by ThaiIndoPhils


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22. [Private and public corporations have a responsibility to adhere to and enforce sound

environmental management and conservation measures. Such corporations should ensure meaningful and transparent consultations with all those who might be affected by their activities and provide full and timely disclosure of all relevant information.]

23. [Individuals, groups, institutions and non-governmental organisations have an

important role to play and a responsibility in safeguarding democracy, promoting human rights and fundamental freedoms and contributing to the promotion and advancement of democratic societies, institutions and processes.]14

24. [Private and public corporations, including transnational corporations and other business enterprises have a responsibility to respect human rights and adhere to and enforce sound environmental management and conservation measures.]15

Limitation of Rights

25. [The human rights and fundamental freedoms of everyone shall be exercised with due regard to the rights of others, national security and common interest in compliance with international law (Originally Art. 57) and may in no case be exercised contrary to the purposes and principles of the ASEAN Charter and the Charter of the United Nations.]

26. [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 security16, public order, public health and public morality and the general welfare of the peoples in a democratic society.]

26 bis [In the exercise of human rights and fundamental freedoms, everyone shall be subject only to such limitations and restrictions as are determined by law for the purpose of meeting the just requirements of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others in a democratic society.]17

27. [The parameters of the enjoyment and exercise of human rights and fundamental freedoms is dependent on the fulfilment of duties and responsibilities towards other individuals, societies, future generations and the State18. The rights of persons are

14 Proposal by ThaiIndoPhils 15 Proposal by ThaiIndoPhils 16 Proposal by Laos 17 Alternative proposal by ThaiIndoPhils 18 Proposed by Malaysia


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inseparable from their duties. The State protects these rights and the persons fulfil their duties towards the State and society19. ]

28. [The rights and freedoms of everyone shall be exercised with due regard to the competing rights and freedoms of others. The exercise of rights and freedoms shall be subject only to such limitations as are determined by law to be necessary for the purpose of securing due recognition and respect for the competing rights and freedoms of others in relation to, inter alia, public order, public health, public safety, public morality, national security and general welfare.]

29. [In the exercise of human rights and fundamental freedoms, everyone shall be subject only to such limitations and restrictions as are determined by law for the purpose of meeting the just requirements of national security or public safety, public order, the protection of public health or morals, the respect for reputations or the protection of the rights and freedoms of others in a democratic society.]

30. [The exercise of this freedom may be restricted only pursuant to a law to the extent necessary to prevent crime or to protect national security, public safety, law and order, public morals, public health, or the rights or freedoms of others.]

31. [The exercise of this right can be subjected to restrictions provided by law to the extent

necessary to ensure the respect for the rights or reputations of others, to protect national security, law and order, public health or morals.]

32. [In the realization of the human rights and freedoms contained in this Declaration, the

paramount principles of impartiality, objectivity, non-selectivity, non-discrimination, non-confrontation, avoidance of double standards and non-politicization should always be upheld.]20

33. [The human rights and fundamental freedoms of everyone shall be exercised with due

regard to the rights of others, national security and common interest in compliance with international law.]

34. [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 security21, public order and the general welfare of the peoples in a democratic society.]

35. [No limitations or derogations are permitted in regard to those rights guaranteed absolutely in international law, in particular the right to life, freedom from slavery, prohibition of torture, prohibition of imprisonment for non-fulfilment of contractual obligation, no retroactive criminal law, recognition as a person before the law, freedom of thought, conscience and religion or beliefs.]

19 Proposed by Viet Nam. Malaysia and Viet Nam are to propose text 20 Proposal by Laos 21 Proposal by Laos


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36. [In other situations where limitations or derogations are permissible, they must be in accordance with the law and not based on arbitrary action, necessary in view of the risks, proportionate to the circumstances and in the pursuit of legitimate aim under a democratic society.]

37. [The exclusive insistence on rights can result in conflict, division, and endless dispute and can lead to lawlessness and chaos. Nothing in this Declaration may therefore be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.]22

38. [These rights and freedoms may in no case be exercised contrary to the purposes and principles of the ASEAN Charter.]23

39. [The rights and freedoms in this Declaration may in no case be exercised in the contrary to the purposes and principles of the ASEAN Charter and those of the Charter of the United Nations.]24

40. [Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of the rights and freedoms set forth therein.]25

41. [Nothing in this Declaration may be interpreted as implying for any State, non-State actor or person any right to engage in any activity aimed at undermining the purposes and principles of the ASEAN Charter, the Charter of the United Nations or the destruction of any of the human rights and fundamental freedoms mentioned in this Declaration.]

CIVIL AND POLITICAL RIGHTS

42. 1) Everyone has an inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of this right. [[2) Death penalty shall be reserved for the most serious crimes, which are determined by national law of each ASEAN Member State but shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.]26

43. Everyone has the right to personal liberty and security. No one shall be subjected to arbitrary arrest, search, detention27, [or enforced disappearances28.] [Indonesia/ Thailand supporting]29 (Originally Art. 19 and Art. 20)

22 Proposal by Laos 23 Proposal by Malaysia 24 Proposal by Laos 25 Proposal by Malaysia 26 Some Member States were against the mention of the Death Penalty. 27Constitution: Cambodia (Art. 32); Lao PDR (Art. 42); Malaysia (Art. 5); Myanmar (Art. 353); Philippines (Art. III(1)). International: UDHR, Arts. 3 9; ICCPR, Art.9; ICERD, Art.5; CRPD, Art.14; ICRMW, Art. 16. Regional: Arab Charter, Art. 14; ACHPR, Art.6; ACHR, Art.7; ECHR, Art.5(1).


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44. 1) No one shall be held in slavery, servitude, [forced labour] or be subjected to human

smuggling or trafficking and any other forms of slavery. 2) Trafficking in human organs is prohibited in all circumstances.

45. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

45. bis[ASEAN Member States may adapt its national law to define, prohibit and penalize torture in accordance with international law.]

46. Everyone has the right to freedom of thought, conscience, and the right to practice

one’s religion or belief. [a) All religions are equal before the law. b) The promotion and protection of religious freedom shall not prejudice the ethnic diversity of any ASEAN Member State c) No one shall be compelled or coerced to adopt any religion or convert his /her religion to another. No one shall use religion as the pretext to violate the law and order of the State. Advocacy or dissemination of religions or beliefs shall be in compliance with national law of each ASEAN Member State. ]30

47. 1) Everyone has the right to freedom of opinion and expression (Originally Art. 24 )

and the right, regardless of geographical boundaries, to seek, receive and impart information, whether orally, in writing or through any other media of his or her choice, in [accessible formats.]31 (Originally Art. 26) [2) The freedom of the media to inform the public, institutions of society and governmental actions, which is essential for a just society, must be used with responsibility for accurate and truthful reporting. Sensational reporting that degrades the human person or dignity must at all times be avoided. 3) Freedom of expression carries with it special duty not to defame the reputation of others and incite hatred, discrimination, war, social division and violence.]32

48. Everyone has the right to freedom of peaceful assembly and association.

49. Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country including his or her own, and to return thereto.

50. 1) Everyone has the right to seek asylum in another country in order to escape persecution.

28International: UN Declaration on the Protection of all Persons from Enforced Disappearance; International Convention for the Protection of All Persons from Enforced Disappearance (CPED). Regional: Inter-American Convention on Forced Disappearance of Persons. 29 [THAILAND] Enforced disappearances initially appeared in the original Art 20, now dissolved. 30 Proposal by Laos 31 Viet Nam has reservations and will propose formulation 32 Proposal by Laos


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2) No one shall invoke this right in the case of genuine prosecutions arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations and the ASEAN Charter. [3) Within the ambit of the law33, no one shall be forcibly returned or transferred [extradited] to a place where he or she may face persecution on grounds of race, religion, ethnicity, nationality, social status torture, enforced disappearance or other serious human right violations.] 34

51. 1) Everyone has the right to a nationality as well as the right to change his or her

nationality in accordance with national law. 51. bis [A person’s nationality cannot be revoked or otherwise deprived if it will result in

the person being stateless.]35 2) The personal status of a stateless person shall be governed by the law of the country of his/her domicile or, if he/she has no domicile, by the law of the country of his/her residence.

52. Men and women of legal age have the right to marry and establish a family on the basis of free and full consent of both parties. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.36

53. 1) Everyone charged with a criminal offence shall be presumed innocent until proven

guilty according to law and guaranteed with the right to defence, including the right to be defended by counsel of his or her choice and shall be afforded a fair and public hearing by an independent and impartial tribunal, in the determination of his or her rights and obligations and of any criminal charge against him or her. 2) No one shall be held guilty of any criminal offence on an 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. 3) No one shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted.

54. No one shall be subjected to arbitrary interference with his or her privacy, family,

home or correspondence, nor to [attacks]37 upon his or her honour and reputation. Everyone has the right to the protection of the law against such interference or [attacks].

55. 1) Everyone has the right to the protection of his or her personal data and has the right of access to such data as well as the right to have it rectified, subject to national law.

2) Personal data must be processed fairly for specified purposes and with consent of the person concerned or some other legitimate basis laid down by law.

33 Malaysia proposes to insert 34 Viet Nam proposes the strike through sentences. 35 Singapore has reservations and need to consult internally. 36 Laos propose to retain elements relating to domestic violence and family care 37 Viet Nam prefers to use another word


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56. Every citizen has the right to participate [freely]38 in the government of his or her country, either directly or indirectly through democratically elected representatives in accordance with the provisions of the law.

57. Every citizen has the right to vote or to be elected in periodic elections, which should be by universal and equal suffrage and by secret ballot, guaranteeing the free expression of the will of the electors, in accordance with national law.

58. 1) Everyone has the right to peace in order to develop fully his or her physical,

intellectual, moral and spiritual capacities without being a target of any kind of violence. 39 2) [No ASEAN Member State shall allow any groups of individuals or external powers to use its territory as a base to violate, use of force against or threaten the national independence, sovereignty, political unity, territorial integrity of another ASEAN Member State.] 3) [Acts of genocide or terrorism shall not be tolerated. Mass destruction or nuclear

weapons shall never be developed and used in the ASEAN region.]40

59. [Everyone is entitled to peace and security so that the rights and freedoms set forth in this Declaration can be fully realised.]41 [Taken from article 28 UDHR]

60. [Each ASEAN Member State has the right to pursue its own economic and social development and freely choose its own political system which suits the historical, cultural and social realities and national values of each nation, based on the aspirations of its people without external interference or pressure in whatsoever forms.]42

ECONOMIC RIGHTS

61. 1) ASEAN Member States undertake to take steps, individually, and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources with a view to achieving progressively the full realisation of economic social and cultural rights recognised in the present Declaration by all appropriate means, including particularly the adoption of legislative measures. 2) ASEAN Member States which are developing countries may determine to what extent they would guarantee the economic rights found in this present Declaration to non-nationals [with the exception of children],43 with due regards to the organisations and resources of their national economy.44

38 Viet Nam has reservations 39 Laos propose to put the right to peace under General principles before the right to life. However, Thailand prefers to have the provisions under the right to development. Malaysia questions the appropriateness of putting the right to peace under civil and political rights section. 40 Thailand proposes to incorporate provisions under para 2 and 3 under General Principles section. 41 Proposal by Singapore 42 Proposal from Laos 43 Singapore has reservations. 44 Taken from ICESCR article 2.3


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62. 1) Everyone, has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2)Everyone has the right to form trade unions and join the trade union of their choice, in accordance with national laws and regulations for their protection. 3)Every child and young person shall be protected from economic exploitation and from being forced to perform any work that is likely to undermine their education or be hazardous or harmful to his or her health or physical, mental, spiritual, moral or social development. Member States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

63. Every citizen of the Member States of ASEAN has the right to seek employment, to

work, to exercise the right of establishment and to provide services in the ASEAN Economic Community in accordance with the national laws and regulations.

64. Everyone has the right to own, use, dispose of and give his or her lawfully acquired

possessions alone or in association with others. No one shall be arbitrarily deprived of their property.

64. bis. Everyone has the right to the use and enjoyment of his/her property alone or in association with others. The law may subordinate such use and enjoyment in the general interest of society.] 45

65. Everyone has the right to an adequate standard of living for themselves and their

family including: a. The right to adequate and affordable food, freedom from hunger and access to

safe and nutritious food; b. The right to clothing; c. The right to adequate and affordable housing; d. The right to medical care and necessary social services; e. The right to safe drinking water and sanitation. f. The right to safe and clean environment

66. 1) Everyone has the right to the enjoyment of the highest attainable standard of

physical, mental and reproductive health, to basic and affordable health-care services, and to have access to medical facilities. 2) No one shall be discriminated, excluded or stigmatised in his or her right to health or due to the condition of his or her health.

67. Everyone has the right to a fiscally responsible government.46 67 bis. Everyone has the right to a responsible fiscal system47.[Viet Nam]

SOCIAL AND CULTURAL RIGHTS

68. 1) Everyone shall have the right to social security, including social insurance, which

assists him or her to secure the means for a dignified and decent existence. 45 Thailand wish to delete 46 Thailand has reservations 47 Viet Nam proposes alternate section


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2) Special protection should be accorded to mothers during a reasonable period as determined by national laws and regulations before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits. 3) Motherhood and childhood are entitled to special care and assistance.48

69. 1) Everyone has the right to education and no child would be denied education because they cannot afford it. 2) Primary education shall be compulsory and free.49 3) Secondary education in its different forms shall be made generally available and accessible to all by every appropriate means. [4} Education shall be directed to the full development of the human personality and the sense of human dignity, and to the strengthening of respect for human rights and fundamental freedoms. It shall enable all persons to participate effectively in [a free society], promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of ASEAN for the maintenance of peace.]

70. Everyone has the right, individually or in association with others, to freely take part in the cultural life, to enjoy the arts and to enjoy 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.

RIGHT TO DEVELOPMENT

71. [1) The right to development is an inalienable human right by virtue of which everyone is entitled to participate in, contribute to, enjoy and benefit fairly from economic, social, cultural [and political] development, in which all human rights and fundamental freedoms can be fully realised. 2) While development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the violations of internationally recognised human rights.]50

72. [The peoples of ASEAN may freely dispose of and control their wealth and natural

resources based upon the concern for the environment, the principle of mutual benefit and international law. (Originally Art. 42(2))]51

73. [Everyone shall have the right to peace in order to develop fully his or her physical, intellectual, moral and spiritual capacities without being a target of any kind of violence.]

74. [Everyone has the right to development of him/herself as human being to live with dignity and self-esteem.]

48 Article 25.2 UDHR 49 Singapore has reservations 50 Proposal by ThaiIndoPhils 51 Proposal by ThaiIndoPhils


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75. [Everyone has the right to live free from poverty and hunger.]

76. [ASEAN Member State should adopt meaningful people-centred development programmes aimed at national socio-economic development and poverty reduction to create necessary conditions for the peoples in ASEAN to enjoy all human rights recognized in the Declaration on an equal and equitable basis without discrimination.]

77. [ASEAN Member States are committed to progressively narrowing the development gap

within ASEAN.]

78. [Human rights should not be used as conditionality for extending official development assistance to, engaging in trade with, and making investments in ASEAN Member States.52]

79. [The right to development should be fulfilled so as to meet equitably the

developmental and environmental needs of present and future generations and all. Everyone persons shall have the right to a general satisfactory environment favourable to their development.]

[ [VII] RIGHTS OF WOMEN, CHILDREN AND OTHER [VULNERABLE53] GROUPS54

80. [The human rights of vulnerable groups including women, children, persons with

disabilities, and the elderly are inalienable, integral, and indivisible part of universal human rights.]

81. [1) Every woman is entitled to the enjoyment of her human rights and fundamental freedoms recognised and guaranteed in this Declaration.]55 2) ASEAN Member States shall take all appropriate measures, including legislation, to ensure the full development, advancement, and participation of women for the purpose of guaranteeing them the exercise and enjoyment of their human rights and fundamental freedoms as set forth in the Convention on the Elimination of All Forms of Discrimination against Women and other regional and international instruments.(Originally Art. 7)56]

52 Proposal from Laos

53 Lao PDR propose not to mention international binding instruments in this political declaration and has reservations in regards to the use of term ‘minority groups’ and ‘indigenous peoples’] [Myanmar agree with Lao PDR]

54 This new Section is especially created with a view to emphasizing the common concern of ASEAN Member States on the rights of the vulnerable groups. The rights of vulnerable persons, particularly women, children and the elderly persons, are previously incorporated as part of the main Covenants. Development of international human rights has highlighted growing severity of the human right issues of these persons, which necessitates a corresponding attention. See, eg pledges of ASEAN Leaders in the ASEAN Vision 2020. A Community of Caring Societies: “We envision a socially cohesive and caring ASEAN where hunger, malnutrition, deprivation and poverty are no longer basic problems, where strong families as the basic units of society tend to their members particularly the children, youth, women and elderly; and where the civil society is empowered and gives special attention to the disadvantaged, disabled and marginalized and where social justice and the rule of law reign.” (emphasis added) 55 Proposal by ThaiIndoPhil 56 Proposal by ThaiIndoPhil


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82. [Every child shall be entitled to the enjoyment of the human rights and fundamental freedoms recognised and guaranteed in this Declaration and other regional and international instruments and shall benefit from appropriate legislative, administrative, social and educational measures adopted by ASEAN Member States in order to promote and protect his or her human rights and fundamental freedoms. (Originally Art. 8)]57

83. [Every elderly person has the right to special protection, including to lead a life of dignity and independence and to participate in civil, political, economic, social and cultural life including:- (a) Sufficient income to meet basic needs through old age; (b) Pensions or other forms of financial assistance; (c) Equal access to appropriate and affordable health and social care services; and

(d) Freedom from exploitation and physical or mental abuse. (Originally Art. 9) ]

84. [1)Everyone with disabilities shall be entitled to the fundamental rights and freedoms in this Declaration without distinction and discrimination of any kind. 2) ASEAN Member States shall promote the respect for the inherent dignity and individual autonomy of persons with disabilities and shall consult and involve them with respect to decision-making processes concerning issues related to persons with disabilities with a view to ensuring their inclusion in society. (Originally Art. 10) ]

85. [1)Persons belonging to national or ethnic, religious and linguistic minorities have the right to enjoy their own culture, to profess and practice their own religion or belief, and to use their own language, in private and in public, freely and without interference or any form of discrimination. (Originally Art. 11) 2) In any ASEAN Member State where they exist, indigenous peoples or ethnic groups have the right to full enjoyment, collectively or individually, of all human rights and fundamental freedoms as recognised in this Declaration. ASEAN Member States shall consult and involve these peoples or groups with respect to decision-making processes concerning issues related to them as they are the legitimate owners of their own cultural heritage and shall obtain their free and informed consent prior to embarking on potential development projects that will have substantial impacts on their livelihood and environment. (Originally Art. 12) ]

86. [Traditional communities have as a collective heritage the traditional knowledge systems and practices including technology, design and oral literature that originate from their communities and ASEAN Member States shall ensure that these communities have access, protection and rights of ownership to their own heritage. (Originally Art. 13) ]

87. [Migrant workers and members of their families within the territory or subject to the jurisdiction of any ASEAN Member State shall enjoy their human rights and fundamental freedoms without distinction of any kind such as to sex, gender, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, disability, birth or other status.(Originally Art. 14)]

57 Proposal by ThaiIndoPhils


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88. [Everyone belonging to national or ethnic, religious and linguistic minorities or ethnic groups58 have the right to enjoy their own culture, to profess and practice their own religion or belief, and to use their own language, in private and in public, freely and without interference or any form of discrimination.]

89. [1)Indigenous peoples or ethnic groups have the right to the full enjoyment, as a

collective or as individuals, of all human rights and fundamental freedoms as recognised in this Declaration. ]

2)ASEAN Member States shall consult and involve indigenous peoples or ethnic groups with respect to decision-making processes concerning issues related to indigenous peoples or ethnic groups as they are the legitimate owners of their own cultural heritage. ASEAN Member States shall obtain free, informed consent of the indigenous peoples or ethnic groups prior to embarking on potential development projects.]59

90. [ASEAN Member States recognise that traditional knowledge systems and practices including technology, design, and oral literature are collectively owned by their local community of origin. ASEAN Member States shall ensure that traditional communities have access, protection and rights of ownership to their own heritage.]

COOPERATION IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

91. [With a view to realising their common interest and common vision to promote peace, security and the rule of law as well as to protect human rights and fundamental freedoms, ASEAN Member States commit to cooperate among themselves and with ASEAN through the sharing of resources and increased contributions in the following fields:

a) Promoting and raising awareness, understanding and respect for human rights and fundamental freedoms through teaching, education at all levels, dissemination, publication and research and development; b) Providing technical assistance and capacity building in the promotion and protection of human rights through ASEAN established mechanisms such as AICHR and individual country mechanisms;

c) Encouraging and facilitating the ratification of and accession or succession to international human rights treaties and protocols adopted within the framework of the United Nations system which are consonant with the human rights and fundamental freedoms in this Declaration; d) Training of members of the judiciary, lawyers, law enforcement officers, personnel of the armed forces, public officials and civil society organizations for them to better understand and appreciate human rights standards and norms; e) Assisting in the development and adoption of new regional human rights instruments including the removal of reservations in human rights conventions; f) Developing appropriate monitoring and evaluation mechanism to ensure the full enjoyment of human rights and fundamental freedoms; g) Exchanging information on legislation on human rights promotion and protection and implementation of programs to fight corruption and malpractices

58 Laos wants to bring attention to this. 59 Proposal from Laos


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in the judiciary, in recognition of human rights violations associated with the improper administration of justice;

h) Adopting meaningful people-centred development programmes aimed at national socio-economic development and poverty reduction for the peoples in ASEAN to enjoy all human rights recognized in this Declaration.]

92. [ASEAN Member States also welcome and are open to considering any cooperation

or joint efforts with other like-minded organizations, be they governmental or non-governmental or academic institutions, to pursue their commitments to promote respect for and protection of human rights in their respective countries, in the region and in the international community.]

93. [Everyone has the right, individually and in association with others, to promote and to

strive for the protection and realisation of human rights and fundamental freedoms at the national, [regional and international] levels without any arbitrary sanction or interference. [Moved from the general provisions]

94. [ASEAN Member States shall recognize that the risks of human rights violations

associated with the improper administration of justice. ASEAN Member State shall therefore uphold the rule of law, fight corruption and all other malpractices in the judiciary. Judicial independence shall always be upheld. The State has the duty to provide training, individually or with assistance of other States and organizations that are in a position to do so, for capacity development of its judicial and law enforcement officers.]

95. [ASEAN shares common interest in the promotion of peace, security and the rule of

law, as well as the promotion and protection of human rights and fundamental freedoms.]

96. [In respect of this, ASEAN [Member States] shall pursue the broadest possible scope

of cooperation encompassing the full range of activities and priorities common to all by strengthening institutional linkages for the promotion and protection of human rights.]

97. [ASEAN Member States shall recognise the human rights and fundamental freedoms enshrined in the ASEAN Human Rights Declaration and shall undertake [to adopt legislative or other measures to give effect to them]. For this purpose, they may establish cooperation agreements among themselves and with ASEAN institutions.]

98. [The ASEAN Member States60 shall welcome and be open to considering any

cooperation or joint efforts with [other like-minded organizations, be they governmental or non-governmental or academic institutions], to pursue their commitments to promote respect for and protection of human rights in their respective countries, in the region and in the international community.]

99. [ASEAN Member States should strive to cooperate in creating all necessary conditions for the reduction of infant mortality and in the prevention and control of the outbreak of pandemics and diseases in the region.]

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100. ASEAN Member States have agreed to cooperate on the following:

a) Human rights education and public awareness

[Shall promote and ensure through teaching, research, education at all levels, dissemination and publication of the respect of the human rights and fundamental freedoms contained in the present Declaration and to see to it that these human rights and fundamental freedoms as well as corresponding responsibilities and duties of individuals are understood. ]

[ASEAN Member States undertake to disseminate to the peoples of ASEAN the achievements ASEAN has made on human rights. ]

b) Capacity building

[To strengthen national human rights institutions or similar mechanisms in each of

their States, tasked with among others, the responsibility to disseminate information, promote education and develop capacity on human rights in their country. These national human rights institutions or similar mechanisms will cooperate with the AICHR with the aim to develop common approaches and cooperation on the promotion and protection of human rights in the region. ]

[To strengthen regional cooperation in technical assistance and capacity building in

promotion and protection of human rights through ASEAN established mechanisms such as AICHR and individual countries mechanisms].

c) To strengthen collaboration between and among countries, through bilateral, regional and international cooperation for technical cooperation and technical assistance programme, including sharing of best practices and experiences in the promotion and protection of human rights.

[ASEAN Member States recognize both the importance and utility of strengthening

cooperation with international, regional and sub-regional human rights mechanisms which may assist in enhancing capacity development on human rights in the region.61] [ASEAN Member States recognise the importance of the regional cooperation to develop capacity within each ASEAN Member States as the need may be which is aimed at progressively realising this Declaration at the regional and national level62]

d)Encouraging ASEAN Member States’ ratification of international human rights instruments

[To consider, encourage and facilitate the ratification of and accession or succession to international human rights instruments treaties and protocols adopted within the framework of the United Nations system which are consonant with the human rights

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and fundamental freedoms declared here and considering the evolutionary state parameters of human rights.] [To consider, encourage and facilitate the ratification of and accession or succession to international human rights instruments treaties and protocols adopted within the framework of the United Nations. system which are consonant with the human rights and fundamental freedoms declared here and considering the evolutionary state parameters [Malaysia] of human rights.63]

e) Promoting the full implementation of ASEAN Instruments related to Human Rights

[To ensure that all ASEAN Instruments related to human rights are implemented

constructively and coherently. ASEAN Member States undertake to disseminate to the peoples of ASEAN the achievements ASEAN has made on human rights and They will also develop new ASEAN Instruments related human rights as norms and standards on human rights emerge in the region.]

[To ensure that all ASEAN Instruments related to human rights are implemented constructively and effectively. ASEAN Member States undertake to disseminate to the peoples of ASEAN the achievements ASEAN has made on human rights. ]

63 Viet Nam proposes to delete the strikethrough

working draft of the ahrd _as of 8 jan 2012 0400hrs

Documents

traditional knowledge systems

asean member states

asean established mechanisms

practices including technology

law enforcement officers

asean instruments related

potential development projects

evolutionary state parameters