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ASEAN Civil Society Conference

ASEAN Peoples Forum 2015


21-24 April 2015, Wisma MCA, 163, Jalan Ampang, 50450 Kuala Lumpur, Malaysia.


Press Kit



Packet Contents

Welcome Letter from the Co-Chairs


Background of the ASEAN Peoples Forum (APF)
Programme Schedule
Location
Logistics for Travellers
The ASEAN Peoples Forum (APF) 2015 Statement
Press Releases
Contacts and Support for Members of the Media

Welcome Letter from the Co-Chairs




Dear members of the press,
We are pleased to invite you to join us in Kuala Lumpur for the ASEAN Peoples Forum (APF) 2015.
This conference is the largest annual gathering of civil society organisations in the region, regularly
attracting more than a thousand participants. At APF 2015, we will be discussing issues of regional
importance including development, human rights, and democracy, and hearing from civil society
activists at the forefront of their field as well as ASEAN and national government leaders.
We hope that the conference will be a platform to amplify civil societys voices, as well as to facilitate
dialogue between the governments and civil society.
We hope this press kit will provide you with the necessary information to attend and cover the event.
We will also be happy to be interviewed in our capacity as co-chairs of this years APF.
Do not hesitate to contact Yu Ren Chung at media.apf2015@gmail.com / +6010 225 7971 if you have
any questions.
We look forward to working with you and to seeing you at the APF 2015.

Sincerely,


_______________________________________
Jerald Joseph & Yap Swee Seng
Co-chairs
ASEAN Civil Society Conference (ACSC) / ASEAN Peoples Forum (APF) 2015

Background of the ASEAN Peoples Forum (APF)


2015A momentous year for ASEAN
2015 is a big year for ASEAN and the ASEAN Peoples Forum (APF). 2015 is a year to reflect on 10 years
of engagement of civil society and ASEAN governments. The first peoples conference was also held in
Malaysia, in 2005.
2015 is also when, by the end of the year, the ASEAN Community will be fully implemented. ASEAN
governments aim for greater integration mong the 10 ASEAN countries, with regards to the ASEAN
Communitys three pillarseconomic, political-security, and socio-cultural.

A people-centred ASEAN?
A window of engagement between government and civil society has opened under Malaysias
chairmanship of ASEAN. Malaysia's Prime Minister and Chair of ASEAN Najib Razak has declared his
vision for a "people-centred ASEAN". The APF 2015 committee has met with several national
government and ASEAN officials to discuss the peoples regional priorities.
Yet what really matters is whether ASEAN governments act on the people's concerns and
recommendations. Unfortunately, ASEAN governments appear to be in a competition to outdo one
another in human rights violations and regressive politics.
In a joint statement representing hundreds of civil society members, the APF 2015 describes cross-
cutting regional priorities: (1) Development justice; (2) Democratic processes, governance and
fundamental rights and freedoms; (3) Peace and security; and (4)Discrimination and inequality.

ASEAN Peoples Forum (APF) 2015


Civil society is resolved to voice out and seek solutions to these priorities, at the ASEAN Peoples Forum
(APF) in Kuala Lumpur this 21-24 April 2015.
Plenary speakers include former Prime Minister Abdullah Badawi, who initiated the conference ten
years ago. Additionally, 60 thematic sessions are being organised.
The APF 2015 is the largest annual conference of civil society in the region, attracting over a thousand
participants each year. The conference is held parallel to the ASEAN Summitthe meeting of heads of
states.
Visit aseanpeople.org for more details.

Programme Schedule
A more detailed programme will be available on aseanpeople.org.

April 21, 2015 - Day 1 (Tuesday)


Solidarity Programme: Join a convoy to a field site to meet people at the grassroots level

April 22, 2015 - Day 2 (Wednesday)


All Day
Registration
9.00-1.00 pm ASEAN Womens Forum
9.00-1.00 pm Witness: Hands-on Video Documentation of Human Rights Violation
9.00-4.30 pm Internet Rights and Governance in ASEAN
10.00-2.00 pm Exhibition Set up
1.00-2.30 pm Lunch
2.30-4.30 pm Dialogue with ASEAN Caucus for Parliamentarians
4.30-5.00 pm Tea Break
6.30 pm
Press Conference: Regional Steering Committee
5.00-6.30 pm Opening of APF
7.30 pm
Welcome dinner

April 23, 2015 - Day 3 (Thursday)


9.00-10.30 am
10.30-11:00 am
11.00-1.00 pm
1.00-2.30 pm
2.00-4.00 pm
4.00-4.30 pm
4.00-6.00 pm
5.30-6.00 pm
6.00-10.00 pm

Opening Plenary: Towards a People-Centred ASEAN


Tea Break
Plenary Session #2: Reclaiming the ASEAN Community for the People
Lunch
Parallel Thematic Sessions Series #1
Tea Break
Parallel Thematic Sessions Series #2
Press Conference - Regional Steering Committee
ASEAN Film Festival / Creative activities

April 24, 2015 - Day 4 (Friday)


9.00-10.30 am
10.00-10.30 am
10.30-12.30 pm
12.30-1.30 pm
12.30-1:30 pm
1.30-3:30 pm
3.30-4.00 pm
4.00-5.30 pm
4.30-5.00 pm
5.30-6.30 pm
6.30-7.00 pm

Plenary Session #3: Where Should People be in the ASEAN Economic Community
Tea Break
Plenary Session #4: Making AEC People-Responsive
Panel Discussion 2: People in the ASEAN Economic Community: When?
Lunch
Parallel Thematic Sessions Series #3
Follow-up Committee on ASEAN (FCAA) Presentation up to 2014
Open Space for all - Moving Forward [World Caf Style]
Press Conference - Regional Steering Committee
ASEAN Walk
Closing Speeches

Location
The main venue of the APF 2015 is Wisma MCA (163, Jalan Ampang, 50450 Kuala Lumpur).

Some thematic sessions will be held at UTM Space KL (Bangunan UTMSPACE, No. 195A, Jalan Tun
Razak, 50450 Kuala Lumpur), a short 7-minute walk from Wisma MCA. Please use the overhead
crossing when crossing the road.

The nearest LRT stop to both locations is the Ampang Park LRT station.

Logistics for Travellers


Visa Requirements
Visitors must have a national passport or other internationally recognized travel documents with a
validity period of at least six months beyond the length of stay in Malaysia. Please visit www.imi.gov.my
to confirm if you need a visa to travel to Malaysia.

Communication
Mobile networks operate on the GSM network and roaming services are readily available.
You can purchase prepaid telephone cards that are available on most flights to KL, and at the
airport. Internet services are available to the public via internet cafes and at hotels, and
many outlets offer free WiFi for their patrons. Malaysia's international calling code is +60.
For electricity mains, Malaysia uses British type G outlets and are rated at 240V, 50Hz.

Type G
socket

Airport Transfer
The quickest way to get from KLIA to the city is the KLIA Express; this train brings you in 28 minutes
from KLIA1 or KLIA2 to the Kuala Lumpur central train station (KL Sentral) at RM35 for a one-way
ticket. From KL Sentral, you can go by Light Rail Transit (LRT)/Monorail, bus or taxi to your hotel or
destination. A direct taxi to KL town centre will take 45 minutes to 1 hour without traffic.

Transportation
KL is a relatively accessible city with the LRT and the KL Monorail network to get around conveniently
within the city. Air-conditioned buses and taxis that will take you anywhere you need to go.
Nevertheless, the best way to experience the sights and sounds would be to go for a walk around town.
Participants are encouraged to use public transport into the city as there is limited parking available.
Participants are encouraged to take the Kelana Jaya LRT Line to Ampang Park LRT station. It is within
walking distance to Wisma MCA, the main venue of APF 2015.

Safety
KL is generally safe. However, please be aware of pick-pockets and do keep passports safe. You are
encouraged to have copies for emergency situations. Withdrawing money in ATMs inside banks is
encouraged, while stand-alone ATMs at shopping malls should be avoided. Avoid taxi driver scams by
insisting on the usage of the taxi meter.

Accommodation
Preferred hotels have been identified and listed on the APF website for participants to make direct
bookings. Hotels along Jalan Ampang, within walking distance to Wisma MCA, are generally rated 5-star
accommodation. For budget accommodation, participants are advised to stay in hotels around Bukit
Bintang and Chinatown areas. These areas also have ample access to public transportation. For further
information please visit aseanpeople.org/hotels.

The ASEAN Peoples Forum (APF) 2015 Statement


RECLAIMING THE ASEAN COMMUNITY FOR THE PEOPLE
Preamble
1.1 This ASEAN Civil Society Conference and ASEAN
Peoples Forum marks the 10th anniversary since the
first regional gathering of civil society in Malaysia. We,
the civil society in Southeast Asia [1], welcome the
commitment of ASEAN in the years since to establish a
people-centric ASEAN and a peaceful, prosperous
community. With deep regret and concern, the peoples
recommendations submitted to ASEAN member states
since 2005 have been neither implemented nor adopted
in any meaningful way.
1.2 While ASEAN governments are heading towards
developing the ASEAN Communitys Post-2015 Vision,
the people of ASEAN continue to suffer from
authoritarian and military regimes, increased
militarisation, violence and armed conflicts, unlawful
foreign interference, lack of fundamental freedoms and
human rights violations, undemocratic processes,
corruption and poor governance, development injustice,
discrimination, inequality, and religious extremism and
intolerance. ASEANs restrictive interpretation of the
principles of state sovereignty and non-interference
hamper the organisations effectiveness in addressing
regional challenges, and the people remain excluded
from participating fully in influencing ASEAN decision-
making processes.
1.3 The failure of ASEAN to meaningfully address the
peoples issues is deeply rooted in the organisations
continued adherence to a neo-liberal model that
prioritizes corporate interests and elite groups,
including state-owned enterprises, over the interests of
the people. Our engagement with the ASEAN process is
therefore anchored on a critique and rejection of
deregulation, privatisation, government and corporate-
led trade and investment policies that breed greater
inequalities, accelerate marginalization and exploitation,
and inhibit peace, democracy, development, and social
progress in the region.

further inequality, lack of social protection, denial of


basic information and communications infrastructure,
environmental degradation, adverse impacts of climate
change, and the systematic dispossession of the peoples
access to land, water, safe and nutritious food, and other
resources. Large-scale mining and other extractive
projects; the expansion of corporate agriculture
(including promotion of genetically modified
organisms); corporate and commercial fisheries; and
intensified aquaculture continue to violate rights of local
communities in ASEAN.
2.1.2 Despite all ASEAN states voting in favour of the
Declaration on the Rights of Indigenous Peoples
(UNDRIP), national development continues to be used
as a pretext for plundering and appropriating indigenous
lands, territories, and resources. Further, nationalisation
of lands owned by individuals, religious communities,
and indigenous peoples justifies land grabbing and
further marginalises a growing number of people who
are already economically, politically, and socially
disenfranchised.
2.1.3 Womens human rights are fundamentally
threatened by regressive policies and programmes that
instrumentalise and exploit women in the name of
development. Women, girls, and other marginalized
groups continue to be trafficked and subjected to sexual
and gender-based violence that threaten their dignity
and human rights.
2.1.4 The liberalization of the labour market has increased
the number of precarious jobs and will continue to
adversely impact the rights of workers, especially
women, and including local and migrant workers, sex
workers, domestic workers, and those working in the
informal sector regardless of their documented or
undocumented status.

2.1 Developmental Justice

2.1.5 Forced labour migration is exacerbated by state


denial of decent jobs and living wages for workers, the
rights to organise and form free and independent trade
unions, collective bargaining, security of tenure, social
security, occupational safety, access to safe and
affordable health services, including sexual and
reproductive health and rights, access to quality
education, protection from violence, and an effective
process for holding traffickers accountable. Failure by
source country governments to protect their own
citizens who are exported as migrant workers, and
government prosecution of workers who expose their
exploitation, aggravate the likelihood of abuse and
human trafficking.

2.1.1 ASEANs development model for regional integration,


and the unequal trade and investment agreements
negotiated and agreed to by member states fail to
guarantee redistributive, economic, gender, social and
environmental justice, or accountability. They result in

2.1.6 The regional economic integration plan does not hold


corporations accountable for violations of human rights,
and social and environmental standards. In fact,
corporations are given increased power through
investment protection measures and investor-state

Reflecting on the past 10 years of engagement in ASEAN,


and after extensive consultations [2], we reiterate our
previous recommendations and highlight the following
four (4) regional priorities and overarching cross-
cutting concerns.

Regional Priorities

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dispute settlement (ISDS) in the ASEAN Comprehensive
Investment Agreement of the AEC blueprint. ISDS
empowers corporations in some instances to sue
governments over local laws that may be in the public
interest but counterproductive to the corporate
interests.

2.2. Democratic Processes, Governance and


Fundamental Rights and Freedoms
2.2.1 Over the years, ASEAN has committed itself to the
regional promotion of democracy and human rights. In a
true democracy, the people have the right to full,
meaningful, inclusive and representative participation
by the people. Through transparent governance and free,
fair and public elections in a truly multi-party, pluralistic
system shall the will of the people be expressed. Yet no
effective regional consultation mechanism exists for civil
society in ASEAN to participate in crafting and critiquing
regional policies. There has been a systemic breakdown
in electoral processes in the region; and the peoples will
continues to be suppressed at both the regional and
national levels.
2.2.2 An alarming number of restrictions in the region
deny freedom of expression and information, freedom of
religion or belief, peaceful assembly, and association, in
both online and offline spaces. Laws in some countries
deny the right to form civil society associations, peoples
movements, independent religious institutions, political
parties, and free and independent labour unions.
2.2.3 States and non-state actors continue to commit
violations with impunity, including police brutality,
torture and enforced disappearances, against civil
society activists. For example, the lack of immediate and
transparent investigation into the case of Sombath
Somphone[3] by ASEAN governments, the ASEAN
Intergovernmental Commission on Human Rights
(AICHR), or any other human rights mechanisms in the
region. Human rights defenders continue to be
persecuted under oppressive laws, including laws
against activities as injuring the national unity,
propaganda against the State, abusing democratic
freedoms and sedition laws, which deny the people safe
and constructive political space.
2.2.4 Despite increasing human rights violations in
Southeast Asia, no human rights mechanism in ASEAN is
able to address these concerns. Both the AICHR and the
ASEAN Commission on the Promotion and Protection of
the Rights of Women and Children (ACWC) lack strong
monitoring,
accountability
and
enforcement
mechanisms and fail to provide human rights protection
consistent with international human rights law and
standards.

2.3. Peace and Security


2.3.1 Ongoing territorial disputes and border conflicts
continue to exist within the ASEAN region and between
ASEAN countries and non-ASEAN nations. The lack of
states commitment in comprehensively fulfilling their
extra-territorial obligation also exacerbates cross-
border issues. These conflicts are often used by states to

perpetuate xenophobia, misogyny, and ultra-


nationalism. The inability of ASEAN to bring about
sustainable peace, justice and development contributes
to political unrest, internal displacement, statelessness,
the refugee crisis, human trafficking, forced migration,
sea and maritime conflicts, human rights violations,
insecure livelihood of fisherfolk in coastal regions,
unfounded territorial water claims, competition for
access to and control of natural resources, sexual,
gender-based and other violence, and general human
insecurities.
2.3.2 Strict adherence to non-interference principle allows
states to act with impunity, perpetuate or disregard
human rights violations, such as those against the
Rohingya; Montagnard, Hmong, and Khmer Krom;
Bangsamoro; Patani; Papuan and in other conflicts in the
region.
2.3.3 In peace negotiations and post-conflict
reconstruction, the region has failed to establish an
inclusive and representative process that includes all
affected communities and recognises the significance of
contributions by women and other marginalized groups
to the process. Existing dispute settlement
mechanisms[4] do not cover the ambit of internal armed
conflict situations and have yet to be effectively used to
resolve existing disputes. There is no clear mechanism
for enforcing dispute settlement agreements and no
regional, legally-binding conflict prevention instrument
or mechanism. Lack of political will results in non-
adherence to cease-fire and peace agreements.
2.3.4 State and non-state actors such as businesses and
financial institutions who aggravate the existing crisis
situation and/or commit gross human rights violations
in times of conflict are not held to any regional or
international framework of accountability. Moreover,
military and paramilitary forces used to secure
investments, such as foreign mining projects, dams, and
plantations, exacerbates land grabbing, and violates the
peace and security of affected communities.

2.4. Discrimination and Inequality


2.4.1 Discrimination denies the people their inherent
rights and preserves the imbalance in power relations
that prevent realisation of equality of opportunities,
access and benefits/results. Multiple and intersectional
discrimination, which can result in persecution, cuts
across race, inter- and intra-religious practices or belief,
ethnicity, nationality, age, gender, class, political and
economic status, ability, geographic location, HIV status,
marital and pregnancy status, and sexual orientation and
gender identity/expression (SOGIE). This is seen in the
private as well as the public spheres of lives of the
people in Southeast Asia.
2.4.2 Inequality and discrimination continue to be
perpetuated, both directly and indirectly, in laws and
practices of state and non-state actors, particularly the
private sector and extremist groups. Cultural, traditional,
and religious practices inconsistent with human rights
standards remain unrectified by governments and are
sometimes used to justify serious human rights
violations. They act to impose patriarchal forms of

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traditional norms and practices, that result in restriction
and denial of a separate legal personality, increased
violence particularly on the basis of gender and
sexuality, and are often used to increase restriction on
peoples mobility and access to public life including
education, culture, sexual and reproductive health care,
employment, and holding leadership positions. No clear
regulation or accountability exists to address violations
committed by non-state actors.

2.4.3 As ASEAN moves towards regional economic


integration, unequal and unsustainable economic
growth will result in worsening poverty, inequalities of
wealth, resources, power and opportunities between
countries, between the rich and the poor and between
men and women. This economic inequality persistently
prevents the people of ASEAN to realise the benefits of
economic growth or redistributive changes.
Considering these regional priorities, the civil society in
Southeast Asia reiterate our previous recommendations
and call on ASEAN and ASEAN members states to
promptly adopt and implement the following
overarching and specific recommendations:

3. OVERARCHING RECOMMENDATIONS
We urge ASEAN states to:

3.1. Uphold international human rights


principles and standards
3.1.1 Ratify and fully implement state obligations,
including extraterritorial obligation under all
international human rights treaties, including the
Optional Protocols; withdraw all reservations, if any; and
enact enabling legislation or establish other
accountability mechanisms that institutionalise and
support implementation. All states to uphold the
principle of non-derogation by reforming and repealing
all laws that undermine the right to life, liberty and
dignity, including death penalties.
3.1.2 ASEAN human rights instruments must strictly
adhere to international law and universal principles and
standards of human rights.

3.2. Ensure accountability to all people of


ASEAN
3.2.1 Protect, promote, fulfil, and realise the individual and
collective human rights of all peoples, especially the
more vulnerable and marginalised. This includes
extraterritorial obligations and recognition of primacy of
universal principles of human rights over and above all
other obligations.

3.3. Strengthen the mandate of AICHR, ACWC,


ACMW (ASEAN Declaration for the Promotion
and Protection for the Rights of Migrant
Workers) and future human rights mechanisms
3.3.1 Strengthen the terms of reference of these bodies to
include the capacity to conduct onsite country visits and
investigations, issue binding recommendations to

member states, provide for periodic peer reviews on


human rights conditions, set up working groups on
emerging thematic issues, receive and address
complaints, and institutionalise an inclusive framework
of engagement with all relevant stakeholders,
particularly civil society, national human rights
institutions (NHRIs), and victims/affected communities.
3.3.2 Adhere to the principle of transparency, impartiality
and independence, and also as prescribed in the terms of
reference of the AICHR and the ACWC[5], and ensure
that appointees meet minimum requirements such as
expertise in a human rights field, good human rights
track record, and the ability to discharge their duties
with integrity, probity and independence.
3.3.3 Develop a transparent, participatory, and inclusive
process involving civil society, NHRIs, and relevant
stakeholders in their selection and appointment.

3.4. Enshrine international commitments in


the ASEAN Communitys Post 2015 Vision[6]
3.4.1 Ensure the standards and elements in the proposed
ASEAN Communitys Post-2015 Vision and ASEAN
Development Goals meet human rights international
commitments and do not undermine universal
principles of equality and non-discrimination. Commit to
a framework that aims to dismantle rules and systems
that enable the gross inequalities of wealth, power, and
resources between countries, between rich and poor,
between men and women and other social group. Adopt
an inclusive and constructive modality of engaging civil
society in the drafting process, and in the monitoring of
the implementation of the Post-2015 vision.

4. RECOMMENDATIONS SPECIFIC TO THE


CONTINUING REGIONAL PRIORITIES
ASEAN and members states should:

4.1. Ensure Development Justice


4.1.1 Develop the ASEAN Community integration that is
rooted in values that promote cooperation, active
contribution to development, self-responsibility and
accountability of civil society organisations, and
development justice that ensures redistributive[7],
economic[8], environmental[9], gender and social
justice[10], as well as accountability[11].
4.1.2 Put in place accountability mechanisms that are
binding on both state and private actors, and that
recognise and enhance the rights of all people of ASEAN.
This includes: ensuring that all poverty reduction
measures harmonise with ecological and environmental
sustainability; signing up to initiatives such as the Open
Government Partnership that adhere to the UN Guiding
Principles on Business and Human Rights; ending land
expropriation policies under the guise of economic
development that have resulted in devastating impact to
indigenous peoples and their ecology; and introducing
laws that respect individuals private ownership and
communities collective ownership of lands.

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4.1.3 Guard against extensions of intellectual property


rights in national or regional trade agreements that
restrict access to seeds, free and affordable medicines
and healthcare, as well as information including public
research and creative content, and which may
undermine public health, farmers rights, traditional
knowledge and practices of indigenous peoples, and the
right to information commons among other undesirable
effects.

4.2. Protect Democratic Processes,


Governance, and Fundamental Rights and
Freedoms

4.1.4 Establish the Environmental Pillar and adopt a


common position on climate change, emphasising
common but differentiated responsibilities, and defend
it at the 21st Conference of the Parties. Incorporating the
principles of the United Nations Framework Convention
on Climate Change and the Rio Declaration, ASEAN
should undertake regional collaboration in terms of
adaptation and mitigation, focus on the protection of
food sovereignty, and increase use of renewable energy
and provision of long-term finance, especially for
mitigating loss and damage.

4.2.2 Immediately reform all constitutions and laws that


restrict or deny full civil and political participation of its
people in democratic and other processes, including
those in accordance with the Bangkok Declaration on
Free and Fair Elections, and institute laws that promote
greater transparency and peoples participation in
governance, including the right to form political parties
and opposing voices.

4.1.5 Provide lawful recognition to indigenous peoples as


citizens with collective equal rights to free, prior and
informed consent, and to lands, territories, and
resources as recognised in UNDRIP and other
international instruments including the Outcome
Document of the World Conference on Indigenous
Peoples.
4.1.6 Ensure that trade policy-making and negotiations are
transparent and consistent with human rights
obligations, particularly at the local level. This includes:
Involving input from civil society and social movements,
including those representing farmers, women, youth,
LGBTIQ persons, rural communities, and workers in the
design, implementation and monitoring of aid
modalities, development programmes and strategies.
4.1.7 Adopt domestic laws and policies in adherence to
international human rights treaties and ILO norms and
standards in anticipation of the open labour market
under the 2015 ASEAN Economic Community. This
includes: ensuring workers have the rights to job
security, decent work, and living wage, equal pay for
work of equal value, safe and secure working
environments with gender equality, collective
bargaining, and trade unions; relieving women of the
burden of unpaid care and domestic work through the
provision of social care services and infrastructures,
social protection policies, and the promotion of shared
responsibility within the family and the community; and
eliminating child labour, forced labour, human
trafficking, and government labour export programmes
that exploit migrant labour, increase propensity towards
international marriage brokerage for commercial
purposes and result in human trafficking.
4.1.8 Adopt a binding legal instrument in line with
international human rights standards to protect and
promote the rights of all migrant workers and their
families regardless of their immigration status.

4.2.1 Commit to and establish mechanisms to ensure


meaningful and substantive participation, inclusion and
representation by all people in ASEAN in all processes at
both the national and regional levels without prejudice
or restrictions.

4.2.3 End human rights violations and persecution


targeted at human rights defenders and activists. This
includes: repealing laws restricting freedom of
expression, both online and offline, and freedom of
religion or belief; releasing those imprisoned or detained
under such laws; reforming laws restricting free and
open access to information; immediately signing,
ratifying and implementing measures aligned with the
International Convention for the Protection of All
Persons from Enforced Disappearance and the UN
Human Rights Council Resolution on Protection of
Human Rights Defenders; and banning and punishing all
forms of violence committed by state and non-state
actors including police brutality, torture and enforced
disappearances.

4.3. Commit to Peace and Security


4.3.1 Demonstrate commitment to comprehensive and
collective security as stated in the ASEAN Political-
Security Blueprint through cutting military spending,
ensuring accountable and transparent utilisation of state
budgets for community development, and providing an
enabling environment for womens meaningful
participation and representation in decision-making
processes, including support for womens leadership,
and community education to counter all forms of sexual-
and gender-based discrimination and violence.
4.3.2 Establish a Dispute Prevention and Settlement
Mechanism as a regional instrument for preventive and
emergency response. Specifically, approve inclusion of a
preventive clause in the existing Dispute Settlement
Mechanism[12] in the next review of the ASEAN Charter.
4.3.3 Act in strict adherence to the principles of peace and
security enshrined in the UN Charter and ratify and/or
implement all international human rights laws,
international humanitarian laws, particularly the Geneva
Conventions, the Convention Relating to the Status of
Refugees and the 1967 Protocol, as well as the
Convention relating to the Status of Stateless Person,
their obligations under the Optional Protocol to the
Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict, and the
Rome Statute of the International Criminal Court, and

11
put in clear measures as part of their national
jurisdiction to prosecute war crimes, crimes against
humanity and genocide.

4.3.4 Ensure that justice and reparation systems conform


to international human rights frameworks, including the
Updated Set of Principles for the Protection and
Promotion of Human Rights through Action to Combat
Impunity (2005), which is premised on the right to
know, the right to justice, and the right to
reparation/guarantees of non-recurrence.
4.3.5 Recognise the significant contributions of women
and indigenous peoples in peacebuilding and post-
conflict rehabilitation and reconstruction processes. This
includes: developing and implementing National Action
Plans on Women, Peace and Security according to the
principles enshrined in the UN Security Council
Resolution 1325 on Women, Peace and Security, Security
Council Resolutions 1820 and 1888, CEDAW and General
Recommendation 30; providing effective and timely
remedies for different types of violations experienced by
all women and children and adequate and
comprehensive reparations; and address all gender-
based violations, including sexual and reproductive
rights violations, domestic and sexual enslavement,
forced marriage, and forced displacement in addition to
sexual violence, as well as violations of economic, social,
and cultural rights.
4.3.6 Resolve issues of territorial disputes and border
conflicts under the principle that resources beyond the
limits of national jurisdiction are to the common
heritage of all peoples and nations. This includes:
working with all related parties and countries to settle
disputes only by peaceful means, in accordance with
international law, including the UN Charter, UN
Convention on the Law of the Sea, the ASEAN Charter,
the Declaration on the Conduct of Parties in the South
China Sea, and achieve at the earliest the Code of
Conduct in the South China Sea; resolving issues of sea
and maritime under the principle that the high seas are
open to all States, and that no state may validly purport
to subject any part of the high seas to its sovereignty.
Lastly, exploring joint administrations by contending
states over disputed areas.

4.4. End discrimination and Inequality


4.4.1 Immediately adopt the definition of non-
discrimination defined by international human rights
law, particularly the International Convention on the
Elimination of All Forms of Racial Discrimination
(CERD), the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW) and the
Convention on the Rights of Persons with Disabilities
(CRPD); and immediately eliminate all forms of
discrimination, including discrimination on the basis of
race, inter- and intra-religious practices or belief,
ethnicity, nationality, age, gender, class, political and
economic status, ability, geographic location, HIV status,
marital and pregnancy status, and sexual orientation and
gender identity/expression (SOGIE).
4.4.2 Recognise multiple sites and intersectionality of
discrimination and realisation of substantive equality
through guarantees of equal opportunities, equal access
and equal benefits to all peoples, from all sectors,
including, women, LGBTIQ persons, children, and youth.
4.4.3 Eliminate public morality clauses and cultural
relativist justifications used to deny and violate rights of
the people, especially women, LGBTIQ persons, and
other marginalized and vulnerable groups; and create
accountability mechanisms especially to address
violations by non-state actors.

5. CONCLUSION
5.1 We, the civil society of Southeast Asia, guided by the
principles of human rights, democracy, good governance,
rule of law, non-discrimination, substantive equality,
progressiveness and non-retrogression, remain united in
our quest for a regional development in Southeast Asia
that upholds democracy, peace and security, individual
and collective human rights, and sustainable
development, for a transformative and people-centred
ASEAN.
5.2
We,
therefore,
reiterate
our
previous
recommendations and call on all ASEAN member states
to seriously consider these continuing regional priorities
and recommendations, and immediately adopt positive
measures to implement them.

12

Notes to the Statement


[1] The ASEAN civil society is represented by various civil
society organisations, community-based organisations,
NGOs, social movements of women, children and youths,
migrant workers, formal and informal workers from both
urban and rural sectors, persons with disabilities, trade
unions, sex workers, indigenous peoples, ethnic
minorities, peasants, small-scale fisher folks, refugees and
stateless persons, domestic workers, lesbian gay
transgender/transsexual intersex and queer (LGBTIQ)
people, human rights defenders and other groups.
[2] This statement was adopted at the 3rd ACSC/APF 2015
Regional Consultation (23 24 January 2015) in Malaysia.
This was preceded by the 1st Regional Consultation on 24
25 September 2014 and the 2nd Regional Consultation
on 11 12 December 2014, respectively. The drafting of
the statement has also gone through a rigorous
consultation process through national and regional
thematic groups.
[3] Sombath Somphone, an internationally acclaimed
community development worker and prominent member
of Lao civil society, went missing on 15 December 2012,
when police stopped his vehicle at a checkpoint in the
capital. He was then transferred to another vehicle,
according to police surveillance video, and has not been
heard from since. Reports say that the Lao government
continues to deny responsibility for his disappearance.
[4] 1976 Treaty of Amity and Cooperation (TAC), signed at
the first ASEAN Summit on 24 February 1976 in Denpasar,
Bali; 2004 ASEAN Protocol on Enhanced Dispute
Settlement Mechanism, adopted by the Economic
Ministers at the 10 ASEAN Summit in Vientiane, Laos on
29 November 2004; 2010 Protocol to the ASEAN Charter

on Dispute Settlement Mechanisms, adopted in Hanoi,


Vietnam on 8 April 2010
[5] TOR of the AICHR Chapter 5, and TOR of the ACWC
Chapter 6.
[6] Nay Pyi Taw Declaration on the ASEAN Communitys
Post-2015 Vision, Nay Pyi Taw, 12 November 2014
[7] Redistributive justice aims to reduce inequalities
between and within countries, among women and men,
and among different social and ethnic groups through
policies that redistribute resources, wealth, power and
opportunities.
[8] Economic justice aims to develop economies that
enable dignified lives, accommodate for needs and
facilitate capabilities, employment and livelihoods
available to all.
[9] Environmental justice recognises the historical
responsibility of those responsible for human rights
violations, increased global warming and environmental
disasters and compels them to alleviate and compensate
marginalised groups who suffer from their actions.
[10] Gender justice and social justice eliminate all forms
of discrimination, marginalisation, exclusion and violence.
[11] Accountability to the peoples demands for
democratic and just governments, transparency, and
governance enables the people themselves to make
informed decisions over their own lives, communities and
future.
[12] 2010 Protocol to the ASEAN Charter on Dispute
Settlement Mechanisms. Adopted in Hanoi, Vietnam on 8th
April 2010.

13

Press Releases
ASEANS LARGEST CIVIL SOCIETY FORUM HANDS OFFICIAL STATEMENT TO
ASEAN GOVERNMENTS
Press release, 24 January 2015


PETALING JAYA. ASEANs largest civil society forum released a collective statement today. The
statement highlights regional priorities and overarching cross-cutting concerns issues, and also
provides recommendations to address them.
The statement, by the ASEAN Peoples Forum (APF) 2015, was released ahead of the ASEAN Foreign
Ministers Meeting, taking place on 26 and 27 January.
We hope that through this statement, voices of all people will be heard by ASEAN leaders. ASEAN
policies must benefit its most marginalized communities, not work against them, said Wathshlah Naidu
of Womens Aid Organisation in Malaysia, who led the drafting process of the statement.
ASEAN seeks to realize the ASEAN Economic Community by the end of this year. Our message has
never been more urgent, she added.
The statement, titled Reclaiming the ASEAN Community for the People, highlights four regional
priorities:
1. Development justice;
2 .Democratic processes, governance and fundamental rights and freedoms;
3. Peace and security; and
4. Discrimination and inequality.
The APF is an annual conference that attracts thousands of civil society members from across ASEAN.
More than 3,000 people attended the 2014 conference in Myanmar. The conference is held parallel to
the ASEAN Summit. APF 2015 will be held in April in Malaysia.

14

This statement is a result of months of discussions among ASEAN civil society. Draft statements were
circulated to hundreds of civil society members, and discussed at three regional consultations attended
by dozens of civil society representatives, explained Gia Hartman of Coalition to Abolish Modern-day
Slavery in Asia, a regional organization. Hartman co-chaired the drafting process of the statement.
With a diverse group of people championing such different issues, we naturally had some
disagreements during the drafting process. But in the end, we managed to come together based on our
modalities of engagement, which are independence, transparency, accessibility, representation,
participation, diversity, and inclusivity.
It is the tenth year that ASEAN civil society is organizing this conference. The first conference was held
in Malaysia during Malaysias previous chairship of ASEAN in 2005.
At previous APFs, we drafted the statement during the conference itself, and the statement would be
handed to ASEAN governments at their Summit, explained Jerald Joseph of Pusat Komas in Malaysia,
the chair of APF 2015.
However, this year we are releasing the statement at the ASEAN Foreign Ministers Meeting, a few
months ahead of the Summit. We hope this will allow ample time for open and constructive dialogue
between governments and civil society representatives, so that the peoples voices are included in
ASEANs decision-making process, he added.
The statement will be followed by a summary of recommendations made to ASEAN governments by the
APF each year, since 2005.
Soe Min Than of Singapore-based Think Centre said, Malaysias Prime Minister Najib Razak pledged to
make ASEAN as close as possible to the people. Were hoping that ASEAN governments will meet us at
the ASEAN Foreign Ministers Meeting to receive and discuss the statement.
Prime Minister Najib Razak made this pledge during the handing over ceremony of the ASEAN
Chairmanship from Myanmar, in November last year.
They havent agreed to meet us yetbut our doors are still open if they change their mind.

BURMESE HUMAN RIGHTS ACTIVIST DETAINED AT THE AIRPORT, BANNED


FROM ENTERING MALAYSIA
Press statement, 28 January 2015
Burmese Human Rights Activist Detained At the Airport, Banned from Entering Malaysia
ASEAN Civil Society Conference (ACSC) / ASEAN Peoples Forum (APF) 2015 Malaysian National
Organising Committee and SUARAM strongly condemns the arrest, detention, deportation and use of
violence towards Aung Naing Win, better known as Shine, the Myanmar based human rights activist
who has been campaigning for democracy and interfaith relationships/marriages in his country. He was
deported back to Myanmar on 23 January 2015, 2 days after his flight landed in Malaysia.

15

Shine, a Burmese Muslim, works as a Country Coordinator for Malaysian Relief Agency (MRA) in
Myanmar as well as a Founder and President of Interfaith Youth Coalition on Aid in Myanmar. Shine
was on his way to participate in the third regional consultation meeting for ASEAN Civil Society
Conference (ACSC) / ASEAN Peoples Forum (APF) 2015, held in Selangor on 23 and 24 January. The
ACSC/APF is an annual forum of civil society organisations in ASEAN Member States, which is held as a
parallel meeting to the ASEAN Summit of Heads of State. This year a coalition of Malaysian civil society
organizations coordinated by SUARAM and Pusat KOMAS are hosting the forum in Malaysia.
Shine arrived at Kuala Lumpur International Airport on the night of 21st January at around 8.15 pm and
was stopped and detained by the immigration department. The immigration officer, however, did not
inform Shine as to why he was denied entry into Malaysia. When first asked by a friend of Shines about
the reasoning behind the detainment, the immigration officer explained that it was a case of mistaken
identity because he shares the same name as another person on the blacklisted name list. The
immigration department said that they would investigate the case and release him the next day.
Nonetheless, when contacted again the next morning, the immigration officer took a different stance
and held that Shine is blacklisted and would be deported back to Myanmar. This came as a shock as
Shine had been travelling with legitimate documents and is a frequent traveller to Malaysia for
meetings with MRA and for APF regional consultation meetings, without any issues from immigration.
When contacted, Shine allegedly reported that he was not given any food and water by the officer for
more than 12 hours. Shine went on to say that when he asked for food and water from an immigration
officer at around midnight, instead of attending to his need, the officer named Fiqri allegedly slapped
and punched him in front of the other 100 over detainees. Shines attempt to rationalise with the officer
was blatantly ignored and, worst yet, the beating and punching went on and on. After the first phone
call to Shine on 23 January morning, the immigration officer had then prohibited lawyers and friends
from speaking to Shine for security reasons.
We strongly object to such ill-treatment and abuse of power by the immigration department. Whatever
the allegations against him, the immigration officers have no right under national or international law
to abuse Shine and deny him his rights. Such blatant abuse of power is unacceptable, unwarranted, and
unjustifiable. There are absolutely no legitimate grounds for blacklisting Shine or detaining him. It is
ludicrous to hold a human rights activist as a threat to security and subject him to ill-treatment by
enforcement officers.
Malaysia has had a horrendous track record in its brute treatment and gross abuse of power, especially
by law enforcement officers towards foreigners, be it asylum seekers, refugees or migrant workers. The
inhumane actions and blatant disregard of national laws guarding individual liberty by the immigration
department is in fact convicting a widespread belief that the officers had failed to uphold their role as
public servants. Instead, such abusive behavior, by the officers is in fact a threat to our freedom and
liberty that are fundamental to a healthy and democratic society.
Such incident should not have happened especially since Malaysia is now the Chair of ASEAN and will
be hosting a series of important ASEAN meetings in Malaysia, including two ASEAN Summits in 2015.
The act of the Immigration Department of Malaysia is not only shameful, but a serious violation of the
ASEAN Charter that guarantees respect and protection of human rights for all ASEAN citizens. As the
Chair of ASEAN, the government must lead by example and uphold the ASEAN Charter by investigating

16

and bringing the immigration officers accountable for the violent abuse and ill-treatment against Shine
to justice.
The ACSC/APF 2015 Malaysian National Organising Committee and SUARAM also calls on the
government to investigate and explain publicly the blacklisting, arrest and detention of Shine.
Otherwise, Shine should be removed from the blacklist.

APF 2015 OFFICIALLY HANDS STATEMENT TO ASEAN GOVERNMENTS AND


GOVERNMENT OF MALAYSIA
Press release, 18 February 2015


L-R - Ambassador Jojie Samuel, Jerald Joseph, MOFA Sec-Gen Othman Hashim, Raja Azraff, Sumitha
Shaanthinni Kishna, Pang Khee Teik.jpg
PUTRAJAYA. The Ministry of Foreign Affairs Malaysia officially received the statement of the ASEAN
Peoples Forum (APF), at a meeting between the two at Wisma Putra yesterday. The Ministry received
the statement on behalf of the ASEAN governments and the Government of Malaysia.
In a press conference today Jerald Joseph of Pusat Komas, the co-chair of APF 2015, stressed the
forums hopes for meaningful consideration by the ASEAN governments.


L-R - Jerald Joseph, MOFA Sec-Gen Othman Hashim, Ambassador Jojie Samuel

17

Receiving the statement is a good step by the ASEAN governments. We are pleased that the window of
engagement has opened under Malaysias chairship.
He added, What really matters is that our concerns and recommendations are acted upon, and we look
forward to continue the engagement with ASEAN governments towards this aim.
Sumitha Shaanthinni Kishna of the Migration Working Group, a member of the APF 2015 organising
committee, who also met with the Ministry, added, This is an opportunity for Malaysia, as chair of
ASEAN, to lead by example and ensure that civil societys input is considered by all ASEAN
governments. We hope that civil society from all the ASEAN countries will not be stopped from
attending the forum and speaking freely.


L-R - Raja Azraff, Sumitha Shaanthinni Kishna, Ambassador Jojie Samuel, Jerald Joseph, MOFA Sec-Gen
Othman Hashim
Othman Hashim, the Secretary-General of the Ministry of Foreign Affairs, met with the APF 2015
delegation.
As Malaysia is the chair of ASEAN this year, Malaysias Ministry of Foreign Affairs received the
statement on behalf of the foreign ministers of the ten ASEAN countries. The Ministry will officially pass
on the statement to its counterparts, as agreed upon at the ASEAN Foreign Ministers Meeting in
January this year.
The Secretary-General assured us that ASEAN will continue to interact with civil society organisations
including the youth in order to move the region towards a people-centred ASEAN, said Raja Azraff of
Akademi Belia, also a member of the APF 2015 organising committee.
In the coming months, we hope to see this assurance realised, not only by the Malaysian government,
but by all ASEAN governments, he added.
APF 2015 had also met with and handed the APF statement to Paul Low Seng Kuan, Minister in the
Prime Ministers Department, who holds the human rights portfolio. A meeting scheduled with Shafee
Abdullah, Malaysias representative to the ASEAN Intergovernmental Commission on Human Rights
(AICHR), has been postponed to early March.
The APF 2015 statement, entitled Reclaiming the ASEAN community for the people, highlights key
regional issues like development justice; democratic processes, governance and fundamental rights and
freedoms; peace and security; and discrimination and inequality.

18

Malaysia will play host to this years civil society conference from 21 to 24 April. The APF is an annual
conference that attracts thousands of civil society members from across ASEAN. The conference is held
parallel to the ASEAN Summit.

ASEAN CIVIL SOCIETY DECRIES ATTACKS ON HUMAN RIGHTS DEFENDERS;


ENCOURAGES REGISTRATION FOR ACSC / APF 2015
Press release, 14 March 2015


PETALING JAYA. Organisers of the ASEAN Peoples Forum (APF) 2015, the largest civil society gathering
in the region, have expressed serious concerns about recent and on-going attacks on human rights
defenders across ASEAN.
Gus Miclat of the Initiatives for International Dialogue (IID) noted his concern on the recent arrest of
more than a hundred protestors, including students, in Myanmar.
The students were merely asserting their basic rights to expression and assembly. Instead of listening,
the government arrested them, said Miclat, a member of the APF 2015 Regional Steering Committee.
Many have hoped that the opening up of Myanmar would lead to improvements in human rights. This
is another incident that sadly illustrates the contrary, said Dr. May Shi Sho of one Myanmar NGO. Dr.
May is also a member of the Regional Steering Committee of APF 2015.
Unfortunately, crackdowns like this are cross-cutting concerns among ASEAN countries, said Jerald
Joseph of Pusat Komas, who is the Chair of the APF 2015.
In Malaysia over the past few months, we have seen wave after wave of investigations, arrests, and
criminal charges against activists and political opposition. The draconian Sedition Act has been used to
silence any form of threat to the government, he added.
Mugiyanto, of the International NGO Forum on Indonesian Development, added, Last month, Indra
Pelani, a farmer and land rights activist from Indonesia, was murdered. Pelani had been shot,
seemingly by security guards of a subsidiary company of Asia Pulp and Paper.

19

Mugiyanto added, There are numerous cases where human rights defenders have just disappeared.
Somchai Neelapaijit in Thailand, Sombath Somphone in Laos, and Jonas Burgos in the Philippines
where are they?
We are observing, across ASEAN countries, that there is dangerous negation of democratic processes.
This is one of the key issues we highlight in our APF 2015 Statement, said Joseph.
The APF 2015 statement, entitled Reclaiming the ASEAN community for the people, highlights key
regional concerns including: democratic processes, governance and fundamental rights and freedoms.
ASEAN governments officially received the statement from APF 2015 last month. Subsequently, the APF
2015 organising committee held several meetings to discuss the statement with ASEAN officials,
including Dr. AKP Mochtan, the Deputy Secretary-General of ASEAN, and Shafee Abdullah, Malaysias
representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR).
The ACSC/APF 2015 will be held on 21-24 April 2015, at Wisma MCA in Kuala Lumpur.
Registration is open for local and national NGOs, regional groups, international NGOs, embassies, and
international institutions. Members of the public are also welcome to register and attend APF 2015.
Registration can be done at www.aseanpeople.org/register


20

Contacts and Support for Members of the Media


During the APF 2015 at Wisma MCA, members of the media will be provided with:
Free registration for journalists working with media organisations (please email
media.apf2015@gmail.com)
Access to press conferences by plenary session speakers and APF 2015 organising committee
members
Use of a media centre, including limited workspace, coffee, scanning and printing facilities
Access to wifi
Support by APF 2015 organisers to identify interviewees
A media identification tag

For media related questions, for media registration, or to set up interviews with APF 2015 organising
committee members from the 10 ASEAN countries, please contact:

Yu Ren Chung
Co-chair, APF media committee
media.apf2015@gmail.com
+6010 225 7971

For questions relating to logistics, please email secretariat.apf2015@gmail.com.
You may also with to contact and interview members of the APF 2015 Regional Steering Committee,
from the 10 ASEAN countries:
1. Malaysia
Mr. Jerald Joseph (CHAIR)
Pusat Komas
jjerald@pd.jaring.my
Mr. Yap Swee Seng
KLSCAH
yapsweeseng@gmail.com
2. Thailand
Ms. Wanun Permpibul
Climate Watch Thailand
wanunp@yahoo.com
Ms. Parinya Boonridrerthaikul
Amnesty International Thailand
annaparinya@gmail.com
3. Philippines
Mr. Eduardo C. Tadem
Freedom from Debt Coalition
ectadem@gmail.com
Ms. Jelen Packarin
Womens Legal and Human Rights Bureau / SEA

Womens Caucus
jelen.paclarin@gmail.com
4. Singapore
Mr. Soe Min Than
Think Center
soeminthan@gmail.com
Mr. Sinapan Samydorai
Think Centre
samysd@yahoo.com
5. yanmar
r. Aung Myo Min
Equality Myanmar
myominburma@gmail.com
Dr. May Shi Sho
Karen Development Network
dr.may.shi.sho@gmail.com
6. Cambodia
Mr. Pen Somony
Cambodian Volunteers for Society/Secretary of
CCWA
pen.somony.cvs@gmail.com


Mrs. Prok Vanny
Working Group for Peace (WGP)
pvanny2009@gmail.com
7. Laos
Dr. Maydom Chnathanasine
maydom@gmail.com
8. Vietnam
Ms. Nguyen Thi Hoang Van
The Vietnam Union of Friendship Organizations
(VUFO) / Vietnam Peace and Development
Foundation (VPDF)
nghoangvan@hotmail.com

21
12. Regional
Ms. Nalini Singh
Asia Pacific Resource and Research Centre for
Women (ARROW)
nalini@arrow.org.my
13. Regional
Mr. Gus Miclat
Initiatives for International Dialogue (IID)
gus@iidnet.org

Mr. Pham Van Chuong


Vietnam Committee for Asian-African-Latin
American Solidarity and Cooperation
phamvanchuong1@gmail.com
9. Brunei Darussalam
Pengiran Datin Paduka Hajah Mariam Pg Hj
Matarsat
President of the Council of Women of Brunei
Darussalam & Deputy President of Brunei
Malay Teachers Association
pdphmariam@gmail.com
Datin Hjh Siti Hajar bt Pehin Hj Md Yusof
President of Pertiwi Association / Co-Chair of
Brunei CSO Network
sitihyusof@hotmail.com
10. Indonesia
Ms. Mida Saragih
Indonesia Civil Society Forum on Climate
Justice (CSF CJI)
ms.mida.saragih@gmail.com
Ms. Anna Arifin
Arus Pelangi
anna@aruspelangi.or.id
11. Regional
Ms. Reileen Dulay
Asia Pacific Forum on Women Law and
Development (APWLD)
reileen@apwld.org
Mr. Mark Barredo
ASEAN Youth Forum
joelmarkbarredo@yahoo.com

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