Putting Business on the Agenda of The ASEAN Intergovernmental - - PowerPoint PPT Presentation

Putting Business on the Agenda

• f The ASEAN Intergovernmental

Commission on Human Rights (AICHR): Building Advocacy and

Lobbying Skills – Practical Session

Yuyun Wahyuningrum, The Representative of Indonesia to the ASEAN Intergovernmental Commission

• n Human Rights (AICHR), 2019-2021

Outline

• 1. Understanding ASEAN Intergovernmental Commission on Human Rights

(AICHR)

• 2. Business and Human Rights in ASEAN
• 3. Why doing Advocacy in ASEAN/AICHR?
• 4. Advocacy & Lobby

Understanding ASEAN Intergovernmental Commission on Human Rights (AICHR)

Background

Human Rights were not the reason ASEAN was found in 1967, but regional economic development & peace; ASEAN IS SHIFTING: from non-discussion to engagement on human rights within its context of regionalism;

1991-1993 – the formulation of human rights position of human

• rights. 1993 World Conference on Human Rights, Vienna, Austria

1997 - Asian financial crisis - opened up the process of developing a regional normative framework on human rights 2007 to 2017 witnessed the proliferation of human rights institutions and instruments

ASEAN Human Rights System

 Two regional human rights mechanisms:

ASEAN Intergovernmental Commission on Human Rights (AICHR), launched in 2009 – Established by the ASEAN Charter, Article 14 ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), launched in 2010

 Instruments:

 ASEAN Human Rights Declaration (AHRD) in 2012,  Declaration on Violence against Women and Violence against Children in ASEAN (DEVAWC) in 2013,  ASEAN Declaration on the Strengthening of Social Protection in 2013,  ASEAN Convention against Trafficking in Persons, especially Women and Children (ACTIP) in 2015,  ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers in 2017;

Terms of Reference (ToR) of AICHR

Principles Purposes Consultative Inter- Governmental Body Modalities Composition Mandate & Functions Role of Secretary- General & ASEAN Secretariat Work Plan & Funding General & Final Provisions

AICHR: MODALITIES, PRINCIPLES, NATURE

non- interference evolutionary approach consultation consensus consultative

inter- governmental body

AICHR Mandates (14)

Agenda/Standard Setting

• Develop an ASEAN

Human Rights Declaration with a view to establishing a framework for human rights cooperation through various ASEAN conventions and other instruments dealing with human rights; (4.2)

• Develop common

approaches and positions on human rights matters of interest to ASEAN; (4.11) Policy Support

• Provide advisory

services and technical assistance on human rights matters to ASEAN sectoral bodies upon request; (4.7)

• Prepare studies on

thematic issues of human rights in ASEAN; (4.12)

• Perform any other

tasks as may be assigned by the Foreign Ministers Meeting; (4.14) Protection

• Obtain information

from ASEAN Member States on the Promotion and Protection of Human Rights; (4.10) Human Rights Strategies

• Encourage AMS to

consider acceding to and ratifying international human rights instruments; (4.5)

• Promote the full

implementation of ASEAN Instruments related to human rights; (4.6)

• Develop strategies

for the promotion and protection of human rights and fundamental freedoms to complement the building of the ASEAN Community; (4.1) Capacity Building

• Promote capacity

building for the effective implementation of international human rights treaty

• bligations

undertaken by ASEAN member states; (4.4)

• Enhance public

awareness of human rights among the peoples

• f ASEAN through

education, research and dissemination of information; (4.3) Dialogue

• Engage in dialogue

and consultation with other ASEAN bodies and entities associated with ASEAN, including civil society

• rganisations and
• ther stakeholders,

as provided for in Chapter V of the ASEAN Charter; (4.8)

• Consult, as may be

appropriate, with

• ther national,

regional and international institutions and entities concerned with the promotion and protection of human rights; (4.9)

Protection

• f HRs

Promotion

• f HRs

LIMITATIONS & POSSIBILITIES

Limitations

 No mandate to do fact-finding, monitoring, investigation of human rights

Possibilities

 To hear victims stories;  Power to convene: Platform of Dialogue, Platform of Learning and Sharing  Establish referral system;  Establish focal point on specific issues

Regional Human Rights Framework in ASEAN: A WORK IN PROGRESS

 ASEAN Human Rights Declaration (2012)

 Civil, Political, Economic, Social, Cultural Rights;  Right to Development;  Right to Peace;  Cooperation on Human Rights

 Limitations:

 the performance of duties (Article 6),  the regional and national context (Article 7),  limitation of rights (Article 8), and  reference to national laws (Article 25.1, Article 25.2, Article 27.2).

 ASEAN Member States both confirmed and challenged IHRL: Adopt, Integrate, Remove, Modify  ASEAN approach to IHRL is a critic and ASEAN Member States’ resistance against uniformity

ASEAN Way

National Interest of AMS

IHRL

ASEAN Framework

• n HR

WHAT AICHR HAS ACHIEVED IN THE LAST TEN YEARS?

 AICHR has been a platform:

 For convergence of different positions on human rights in the region;  For learning and influencing each other among member states on human rights.

 AICHR has generated:

 Discourses and norms on human rights in ASEAN;  Interests of civil society to get organised to work on human rights advocacy at the regional level;  National commitment to the international human rights obligation to be surfaced as a regional collective action and cooperation on human rights;  More and more sectoral bodies in ASEAN included human rights in their work.

WHAT ARE THE CHALLENGES?

 Lack of member states’ political will to integrate human rights fully in ASEAN regionalism project.

 The development of regional human rights systems has very much been shaped by its regional organisation, that is, the roles of the member states that created it.  Member states often take the role as the ‘master’ who controls the scope of work and the power of the regional human rights systems, based on the states’ interests, regimes and levels of political or economic influence or both.  The member states decide what AICHR can or cannot do to carry out their mandate to promote and protect human rights.

 Lack of ability and capacity to protect human rights;  Lack of people awareness about its role.

Do Human Rights have a Future in ASEAN?

Half-full/Half-Empty Glass? Pushmi-Pullyu (Two Headed Illama)

Business and Human Rights in ASEAN

Business and Human Rights in ASEAN

 AICHR has recognised the nexus between business practices and human rights.  Thematic Study on CSR and Human Rights was completed in 2014

 Business can create opportunities that enhance the livelihood of the peoples, workers and the communities, but their practices can cause negative impacts;

 AICHR has engaged with national human rights institutions both in the ASEAN region and at the international level such as the Australia National Human Rights Commission;  AICHR Dialogue on Business and Human Rights will be taking place annually  Focus on regional cooperation and ensuring that economic regional project are based on human rights

Why doing Advocacy in ASEAN/AICHR?

ASEAN Regionalism and Human Rights: Regional Space, Cooperation, Interaction, Platform, Standards

 Regional space for ASEAN’s member states to design and re-organise their regional cooperation on their economic and political interests while considering human rights.  Shaping and re-shaping the regional interactions among the states in addressing their concerns about human rights in relation to political integration and unity in the region.  ASEAN has become an important regional platform where different state responses to international human rights law have come about to formulate the regional standards

Advocacy & Lobby

Basic Element in Advocacy

Advocacy

Coalitions Problems & Solutions Data Audiences/Target Messages Presentation Evaluation Fundraising

Civil Society uses advocacy & lobby to

a) achieve widespread, sustainable change, b) create a bigger positive impact, c) strengthen civil society’s role d) expand democratic space, etc.  Your lobby objective is determined by:

• what you want to change
• for whom
• who will make the change
• by how much and
• by when.

Target of Advocacy

Primary audience (target of advocacy) Secondary audience (The Influential) Tertiary audience (The Influential of the influential)

Group 1: High Interest, High Influence Group 2: High Interest, Low Influence Group 3: Low Interest, High Influence Group 4: Low Interest, Low Influence

Stakeholders Analysis

Advocacy versus Lobby

Common Advocacy

 Common advocacy methods are

• ften used to enforce changes by

making demands. Examples of common advocacy campaigns:  petitions  press releases - press conferences  news paper articles, columns  media campaigns  lawsuits  demonstrations

Lobbying

 Lobbying is a specialized form of advocacy. It is a strategic, planned and informal way of influencing decision-makers.  Characteristics are: open (two-way) communication, influencing by linking the interests of different stakeholders, creating win-win situations and investing in long-term relationships with decision-makers. Examples of lobbying

 personal letters  face-to-face meetings with decision-makers (such as MPs in Parliament)  informal contacts at receptions (e.g. at Ministry of Foreign Affairs)  petitions, working visits with decision-makers  personal exchanges over the telephone (e.g. with contacts at embassies)  drafting of joint strategies

• Confrontational attitude: “engagement” through pressure from the
• utside (counter-summits, campaigns, norm change…) and disruptive

direct actions.

• Policy processes are perceived as “threats”.
• Pressures, voices and interests

OUTSIDE

• Cooperative attitude: active engagement in policy-making processes

through lobbying, advocacy and participation in multi-stakeholder processes.

• Policy processes are seen as “potential gain”.
• Maintain engagement with the members of the intergovernmental

system

INSIDE

Repertories of action and strategies towards policy processes Dimension of engagement

INSIDE OUTSIDE

Layers of Engaging ASEAN/AICHR

Main Target: Sectoral bodies/Organs/ Nat Sec ASEAN/AICHR Rep 1st Layer: The Influential: CPR/HLTF/ASG/AICHR/ACWC/AIPR 2nd Layer: Summit/ASEAN Leaders

ASEAN Organization Chart

The ASEAN Summit and the Ministerial Bodies of ASEAN ASCC Council AEC Council APSC Council ACC

Sectoral Ministerial Body Sectoral Ministerial Body Sectoral Ministerial Body

CPR Senior Officials Senior Officials Senior Officials

CPR- Working Group

Working Group Working Group Working Group ASEAN Summit

TIPS for Successful Lobbying

 PREPARE, PREPARE, PREPARE!  Be clear what you want Know the views of the people to be lobbied What’s in it for them – why should they change their views Develop your messages  Be simple and explicit What is the issue What do you want them to do about it Use examples that will engage their interest  Prepare a short brief – large type Plan and rehearse  Consider the best time and place for a meeting.  Be sure you know the venue  Arrive on time; be prepared to leave before time  Dress appropriately  Be polite, acknowledge status  Give name cards

TIPS for Successful Lobbying

Use negotiating techniques  Be conscious of your body language  Relax, keep your voice calm  Listen actively – don’t interrupt, demonstrate empathy  Ask questions  Keep to time – brief is best; don’t get distracted, stick to your plan Build relationships: the messenger can be as important as the message  Consistency of personnel builds trust and transparency  Being a credible and reliable source of information makes people listen  Consider involving someone who is directly effected by the issue  Be friendly, use social skills  Keep in regular contact  Always finish a meeting by suggesting another one would be useful

Thanks!