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Keynote Speech by at the Fourth Workshop on Jakarta, 17 June 2004
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Distinguished participants, It is a great honour for me to deliver the keynote speech for this Fourth Workshop on the ASEAN Regional Mechanism on Human Rights. Three years ago, here in Jakarta, as Director-General for Political Affairs, I was directly involved in this same workshop series and today I am pleased to note that we have made some progress since then. I always place great interest to this process. First, it is because I have personal affinities to the efforts of human rights promotion in our region. But more importantly, it is because I believe that greater respect for, and better protection of, human rights would contribute significantly to the development of ASEAN as a true community of nations. And, in essence, this process rightfully reminds the governments of ASEAN countries about what we have officially agreed. Yes, we do have our shared political commitments. Not only because human rights is a universal values that cannot be ignored. But also because it is our own people whose rights must be protected. Indeed, it is about our own people when we talk about the protection of such vulnerable groups as women, children, people with disabilities, and migrant workers. Isn't it our own nations' raison d'etre to uphold human rights and dignity? Isn't it our own determination to maintain our countries' independence? Our own history has taught us that none of us should live under colonialism, foreign domination, and discrimination of any kind. Nor should we live under abject poverty, social regression, and cultural obscurity. It is always worth reminding that the first principle of the Ten Principles of Bandung, to which ASEAN subscribes, reads "Respect for fundamental human rights and for the purposes and principles of the Charter of the United Nations." Indeed, the Final Communique of the 1955 Asia-Africa Conference in Bandung dedicated one chapter specifically for human rights and self-determination. One of the basic principles enshrined in the 1967 ASEAN Declaration is that "the countries of Southeast Asia share a primary responsibility for strengthening the economic and social stability of the region and ensuring their peaceful and progressive national development, and that they are determined to ensure their stability and security from external interference in any form or manifestation in order to preserve their national identities in accordance with the ideals and aspirations of their peoples." If it is not a principle of human rights, what is? Hence, there should be no argument against the fact that human rights as a universal values are by no means alien to us in Southeast Asia. The question is how we translate our shared commitments into concerted efforts to establish common norms and values as well as effective institutions and mechanisms. This is where the concept of ASEAN Security Community comes to the picture. By adopting the Bali Concord II last year, our leaders have agreed to establish an ASEAN Community which rests on three pillars: ASEAN Security Community, ASEAN Economic Community, and ASEAN Socio-Cultural Community. These three pillars shall be developed and implemented in a parallel and balanced manner. It is, in a way, an adjustment measure. For ASEAN really needs to balance its cooperation if it wants to remain relevant. In this context, the ASEAN Security Community (ASC) is envisaged to bring ASEAN's political and security cooperation to a higher plane, so as to ensure that countries in the region live at peace with one another and with the world at large in a just, democratic, and harmonious environment. In essence, it aims at creating a regional order, based on shared norms and rules of good conducts in inter-state relations. Hence, the negotiation process in shaping and sharing of norms will be a major feature in implementing the ASC concept. It won't be an easy ride for all of us. For it will mean relinquishing a certain degree of national sovereignty. For it will mean adjusting national standards to common regional standards. Afterall, we are building a community. But I am certain that this process --- painstaking it may be --- will be worthwhile. For it will also mean greater stability and predictability in the conduct of inter-state relations in Southeast Asia. For it will also mean better security assurances for our people to interact with each other, in business dealings and other productive transactions. Moreover, the ASC concept also calls for a more conducive political environment. Given the political dynamics within its respective member countries as well as those in its external environment, ASEAN needs to nurture such common political values as democracy and respect for human rights. By doing so, ASEAN would considerably lessen the sources of conflicts --- both inter and intra state conflicts. I, for one, have the confidence that after 37 years in existence, after so many hailed successes as well as lessons learned from failures, after pouring so much energy into the many fields of cooperation, ASEAN has the maturity to embark upon the higher stage of political and security cooperation. One may say, "to take the bull by the horn." And the reality is: we have to take human rights promotion more vigorously. It is not at all because of external pressures. Rather, it is because we do need to protect our own peoples' rights and dignity. The key is how to make the urgency of this matter really understood by our leaders. It is reasonable if some of us feel a bit uncomfortable with the notion of an ASEAN-wide human rights mechanism. It is also reasonable that our closer cooperation in this area should be taken in a step by step approach. We may start from establishing a network among the mechanisms already existing in some countries. We may already embark upon cooperation in education and public awareness. We may also converge on such immediate problems as the protection of women, children, people with disabilities, and migrant workers. But, at the end of the day, a regional mechanism would provide a common standard and, thus, a better human rights protection for our people. In this regard, we have to admit that ASEAN is far behind other regions like Europe, the Americas, and Africa --- where they already established regional human rights systems. In Africa, based on the 1981 Charter, an African Commission on Human and Peoples' Rights was established within the Organization of African Unity --- now the African Union --- to promote human and peoples' rights and to ensure their protection in Africa. In addition, under the 2000 Constitutive Act of the African Union, it is one of the objectives of the Union to "promote and protect human and peoples' rights under the African Charter and other relevant human rights instruments." Also, as a principle under its Constitutive Act, the African Union has the right to intervene in a Member state "in respect of grave circumstances, namely war crimes, genocide and crimes against humanity." It is also worth mentioning that in China, a prominent developing country, one specific chapter on "Fundamental Rights and Duties of Citizens" were included in its constitution. It should be noted that its provisions also spell out the obligations of the State in the promotion and protection of its citizens' rights. As an illustration, while the citizens have the rights and duties to work, the State has the obligation to create conditions for employment. Indonesia has its own experience. We also have included specific provisions on human rights in the ammendment of our 1945 Constitution. It was made possible because the process of reform (or we call it "reformasi"), which started to roll in 1998, basically stands on three pillars: democratization and good governance, respect for and protection of human rights, and the rule of law. We have learned, the hard way, from the fallacy of thinking that "In the name of economic growth and development, all means were justified." Continuing high level of economic growth, 7 to 8 % annually, for more than a decade was proved to be hollow and powerless to withstand the crumbling effects of the 1997 Asian financial crises. The consequences were dire, as we all have witnessed, not only in the economic but also the political and social sectors of our society. Upon reflection, we have learned that economic growth and development have to be matched by progress in democracy and human rights. Because when we are short of democracy and human rights, we are short of control --- for example over corruption or violations against the peoples' rights. We know of course that democracy is not perfect. Even Winston Churchill once said "that democracy is the least bad of all the systems of government produced out of human experience." But the key word here is "balance." And it is a balance that we are now striking, through the ASEAN Community concept. And an ASEAN regional mechanism on human rights will be an important feature. I thank you. |