Engaging the Vietnamese Diaspora on Human Rights Issues
Asia Centre, a neutral and independent think-tank, participated in the “International Youth Conference, Vietnam: Pathway to Humanity”, held in Sydney, Australia from 7 to 10 September 2017. The Centre’s Programme Coordinator Michelle D’cruz exchanged views and ideas with diaspora communities on how they can bolster human rights activism and advocacy efforts within Vietnam. The conference discussions identified and unpacked three critical issues impacting the rights movement in Vietnam: challenges to FoRB, deaths in police custody, as well as the overarching issues of shrinking civil society space and the climate of fear this engenders for activists within Vietnam and their overseas counterparts. This inaugural youth conference attracted some 200 participants from the overseas Vietnamese community established across Australia, the US and Canada as well as noted international rights advocates and organizations. It inspired youth within the Vietnamese community to share best practices on the advancement of human rights in Vietnam, in light of their past experiences and challenges faced by their communities. Faith was an important connecting factor among participants, with many coming from church groups. Asia Centre’s Human Rights Programme examines freedom of religion and belief across Southeast Asia. It has produced regional country studies soon to be released by the Norwegian Helsiniki Committee. The Sydney youth conference provided an opportunity to engage with stakeholders from Vietnam who provided first hand knowledge of the role that diaspora communities play in supporting, funding and advocating for human rights issues in their countries of origin. Asia Centre will continue its engagement on FoRB through its evidence based research on this and other critical issues in the region for the benefit of civil society and other stakeholders.
IFC #2: International Faculty Club Gathers Momentum
Asia Centre’s International Faculty Club gained momentum as people gathered for the second installment dedicated to interdisciplinary discourse and networking. Held on 1 Sep at Asia Centre’s premises, the event attracted about 25 participants from different academic and professional backgrounds, all keen to engage on subject matters outside of their comfort zones. Six speakers took to the floor to share their research and experience on a range of issues from philosophy to architecture, to fundraising and on environmental governance. Eva Rappoport, a Mahidol University Ph.D student, presented her research on spirit possession in Javanese culture, set to the backdrop of a collection of photographs on the subject that she had taken while in Java. This niche area of research definitely struck a chord with the participants who were interested her insight into the connection with Islam, the role of youth in such activities as well its intrinsic value to the community. Dr Taro Mochizuki, a visiting professor at Chulalongkorn University’s Faculty of Arts introduced his passion for the development of Southeast Asian philosophy while Jonathan Rhodes, an independent environmental consultant, gave an overview of his work in environmental governance. Another hot topic for the evening was captured in a presentation by Francisco Garcia Moro, an architect who is researching urban governance in Southeast Asia. His presentation captured some of the resilience and often unheard of struggle for survival of informal and illegal developments in bustling cities, with the Klong Toey slum being one such example. Abdullah Al Noman, a law lecturer from ASA university in Bangladesh introduced his efforts at developing and attempting to mainstream a human rights curriculum. The final presenter for the night, fundraising expert Faz Yusof, addressed some of the hard questions he often faces as a fundraiser for international NGOs including the importance of accountability and winning the public trust. The presentations were followed by questions and pointed discussions on the topics, which carried on during the networking segment of the evening. The next IFC Night is set for Thursday, 23 November 2017. Asia Centre welcomes presenters and co-organisers interested in becoming a part of the IFC.
1st ASEAN-Japan Roundtable: Multipolar Asia-Pacific Century
After the Second World War, Japan’s search for a guiding framework for renewed relations with Southeast Asia led to the adoption, 32 years after the end of the war, of the Fukuda Doctrine on 18 August 1977. The doctrine had at its core a “heart to heart” approach to its foreign policy in the region. However, forty years later, at Asia Centre’s roundtable discussion on Japan-ASEAN Relations in a Multipolar World, it became clear that Japan needed to develop a human rights dimension to its foreign policy with Southeast Asian countries in order to distinguish itself from other major Asian powers, such as China and India, who also are increasingly engaging with the region. The doctrine’s goal of a “heart to heart” relationship came on the heels of significant anti-Japanese protests across Southeast Asia in the preceding years over unsavoury Japanese business practices. Japanese companies, and American, had started to go offshore in the late 1960s and Southeast Asia was a natural destination for their companies. However, large protests against Japanese companies at the time highlighted problems with human resource practices and the lack of skills, knowledge and technology transfer to the local communities. The benefits of the economic relationship appeared to be one-sided. An ‘ugly Japanese’ image resulted and easily so given the ravages of war-time occupation between 1941 and 1945. The latter, as noted by Dr. Teewin Suputtikun of Chulalongkorn University, was addressed in the Fukuda Doctrine by announcing a non-hegemonic, non-military role, with the added reassurance of Japanese domestic constitutional constraints and external constraints through the Japan-US Security relationship. The Doctrine enabled a greater role for Japan in the Cold War competition between the US and the Soviet Union by helping Southeast Asia through increased trade, development assistance and a “heart to heart” relationship. A deepening trade and investment relationship followed during Japan’s peaceful rise since then.Japan was the number two trade partner for the 10 members of ASEAN in 2016 and a major source of FDI in the region. While large companies, such as Toyota, have been firmly entrenched across the region for some time, the majority of newer investment features small and medium sized enterprises. All are attracted to the prospect of an increasingly integrated ASEAN Economic Community. With such deepening business ties, there is a logical concern in Japan for peace and security in the ASEAN area, as noted by Dr. Takashi Tsukamoto of Thammasat University. Moreover, he noted a demand in the region for Japan’s services as a security provider on hard security issues in the context of an increasingly assertive Chinese presence in the South China Sea. Japan will have taken note of China’s ‘One Belt, One Road’ initiative that seeks to tie ASEAN’s economies closer China’s economy. The adoption of a human rights dimension to Japan-ASEAN economic and business relationship will provide greater traction for Japan in this regional political economy. Ms Akiko Sato from the United Nations Development Programme Regional Office in Bangkok noted concerns related to environmental degradation and labour practices resulting from Japanese firms’ business operations in Southeast Asia. Japan, as other powers, also needs to pay heed to ASEAN’s 2007 Charter, which adopted norms of democracy, rule of law and the promotion and protection of human rights. In this context, the principles of protection, respect and provision of remedies as outlined in the UN Guiding Principles on Business and Human Rights will likely feature increasingly in the Japan-ASEAN relationship. States have a duty to protect human rights, corporations have a duty to respect and victims of violations have a right to a remedy. The Human Rights Council unanimously endorsed the Guiding Principles in 2011. Japan also announced in 2016, that it intended to elaborate a national action plan in this area in the coming years. An effective plan will ensure sound, ethical and rights-based business practices by Japanese firms operating abroad. Asia Centre aims to explore further the theme of business and human rights through its July 2018 international conference on human rights in Southeast Asia, its policy papers and in future roundtable discussions. You can view photos from the event here. This event was held with the support of the Japan Foundation, Bangkok.
China’s One Belt, One Road Initiative: What Role for Southeast Asia?
The role of Southeast Asia in China’s one belt, one road vision for its relations with Asia, Africa and Europe was the topic of discussion between Asia Centre and Dr. Wang Jianwei, Director of the Institute of Global and Public Affairs, University of Macau. China’s One Belt, One Road initiative was announced in 2013 by President Xi Jinping. It seeks to increase the connectivity between China and Asia, Africa, the Middle East and Europe. Major support mechanisms for this important initiative are China’s policy banks (China Development Bank and Exim Bank) that support a ‘going-out’ strategy, state-backed investment funds (including the 2013 China-ASEAN Infrastructure Investment Fund and the Silk Road Fund) and the Asian Infrastructure Investment Bank (AIIB). With these coordinated initiatives China has become a major player in global investment and finance. As with great powers in the past, China seeks to further integrate its own economy into the global economy and thereby increase its regional and global influence. Domestically, Southwest China becomes a gateway to the land and ocean “silk roads”. On route to connectivity between China and Africa and Europe, is Southeast Asia, which appears keen to serve as a springboard for China’s global presence. Nearly all ASEAN countries are keen to attract investments in the region’s large scale projects in areas such as transport and energy. China already has a significant presence in Cambodia, Laos, Myanmar and Vietnam. At ASEAN’s summit in Vientiane in 2016, the members were mindful of China’s growing economic presence in the region as they sought to diplomatically navigate thorny issues between China and the region, notably on the South China Sea conflict. Geopolitical issues aside, for its part, China must be mindful of local sensitivities as its economic presence is increasingly felt in places like Thailand. The latter country, for example, is the centre of the ASEAN Economic Community, where Chinese firms are exerting a solid footprint in areas such as e-commerce through companies like Baidu, Tencent, Alibaba and JD.com, in tourism through giant Chinese tour operators in places like Phuket, Chiang Mai and Pattaya that bring over 10 million Chinese tourists per year and in the real estate sector in which Chinese investors partnering with Thai companies will have invested well over 120 billion baht. Trade relations have increased with the China-ASEAN Free Trade agreement. The relationship must ultimately be mutually beneficial. Asia Centre highly appreciated the exchange of views with the University of Macau and with partner institutions in China and looks forward to continued discussions with universities and think tanks in China.
2nd International Conference (2017): National Human Rights Institutions in Southeast Asia: Challenges of Protection
An effective national human rights institution (NHRI) requires a creative, purposive interpretation of the mandate, and a proactive approach to implementation, this was one of the key takeaways from Asia Centre’s International Conference on National Human Rights Institutions in Southeast Asia: Challenges of Protection held on 13 and 14 July at the Centre’s premises in Bangkok, Thailand. The conference brought a diverse group of participants including representatives from United Nations, NHRIs and civil society for critical discourse into the effectiveness of the regions NHRIs. The conference also featured the UN Special Rapporteur on the Human Rights of Internally Displaced Persons, Ms. Cecilia Jimenez-Damary who will be presenting a report to the UN on NHRIs and displacement. As independent, state-funded bodies with broad, internationally-endorsed mandates to protect and promote human rights, NHRIs serve as a vital bridge between the government and civil society, and play a distinct role in ensuring the effective implementation of international human rights standards at the national level. However, as conference discussions revealed the regions NHRIs are inundated with implementation challenges, ranging from opaque appointment processes to funding shortfalls to the lack of political will to investigate abuses. In Southeast Asia, NHRIs find themselves established in transitional or repressive regimes, posing unique obstacles to their promulgation of mandate. Often, the effectiveness of the NHRI comes down to the initiative of the leadership and membership. As highlighted in several conference presentations, this initiative can be manifested in several ways, including making more regular, coordinated use of social media, increasing engagement with civil society, and developing greater sensitivity to issues of mental health, climate change, internal displacement, indigenous peoples, sexual orientation and gender identity, interreligious tension, and armed conflict. There are also opportunities to be explored on the regional level that will become increasingly relevant as some of the recently-established NHRIs mature, and as debates over the role of NHRIs continue to take place. The Centre’s second conference was held in partnership with ASEAN-China International Studies Program and The Lutheran World Federation. It was supported by the Taiwan Foundation for Democracy. Asia Centre Conferences: Designed for Discourse The boutique conference assembled over 44 participants from across the ASEAN, New Zealand, Nepal, India, the U.S. and the U.K. Two of the six Southeast Asian NHRIs—the Myanmar National Human Rights Commission (MNHRC) and Indonesia National Commission on Human Rights (Komnas HAM)—were in attendance along with representatives from the New Zealand National Human Rights Commission. The two day conference’s program can be found here. Watch the conference’s video here. The nine panels were grouped thematically with presentation of research followed by questions and answers, feedback and discussion. The role of NHRIs was explored in different contexts, including in its relationship with civil society and regional human rights mechanisms, in achieving transboundary justice, and in various political and social environments. Country-specific discussions were held on Indonesia, Timor-Leste, Malaysia, Singapore, Myanmar, Thailand, Nepal, and the Philippines. Day One The first day focused on the mandate and broad principles underlying NHRIs, as well as the limitations and opportunities that they afford to NHRIs. Participants discussed the central question: to what extent are NHRIs limited by their mandate, and to what extent by other factors? In opening the conference, Cecilia Jimenez-Damary, UN Special Rapporteur on the human rights of internally displaced persons, highlighted the distinct advantage of NHRIs over academics and civil society in human rights protection, noting that they have a stamp of legitimacy in both the national and international context. Asia Centre Director Robin Ramcharan emphasized that while the mandates for NHRIs are generally broad, NHRIs will be ineffective unless they implement their mandate “creatively, purposefully, and proactively.” The major takeaway here was that NHRIs, despite their limitations, can do more in terms of improving their advocacy and follow-up (such as by making better use of digital media) and that it is largely up to them to set higher standards. Participants brought up examples of best practises from around the world, including Kenya and New Zealand. The role of other stakeholders in the protection of human rights was also discussed. Participants explored the potential of regional mechanisms like ASEAN and its Intergovernmental Human Rights Commission (AICHR) in helping to strengthen NHRIs, as well as the role of corporations in protecting communities near resource extraction sites. Participants also debated the best approach for various sectors of civil society to take in interacting with NHRIs on human rights issues–how best to present criticism in a constructive manner? Overall, the need for greater, systematic coordination between different stakeholders and NHRIs was apparent. Day Two The second day honed in on the political and social contexts that constrain and inform the work of NHRIs. Participants highlighted the need for NHRIs to develop greater sensitivity towards the rights of marginalized peoples, including the LGBT communities in Thailand and Malaysia, religious minorities and the mentally disabled in Indonesia, drug-affected populations in the Philippines, Filipino migrant workers in Japan, as well as internally displaced persons throughout the Asia-Pacific region. Through country-specific discussions on Timor-Leste, Singapore, and the Philippines, participants asked more fundamental questions about the future of NHRIs: Why would a state undergoing political crisis, or one that avowedly rejects human rights values, establish and promulgate an NHRI? Why would any state be incentivized to establish such an institution? Are NHRIs necessary in all states? Some of the questions challenged the very founding principles of NHRIs: Is independence necessary to an effective NHRI? To what extent should NHRIs take into account local laws? The questions opened up the floor to discuss alternative pathways for rights protection. Participants explored the role of domestically-mandated investigative bodies, as well as the importance of participatory research in human rights investigation. Alternative conceptions of the role of NHRIs were also discussed. Michael White from the New Zealand Human Rights Commission and Dr. Khoo Ying Hooi, senior lecturer at the University of Malaya and co-convenor the conference, emphasized that full independence for an NHRI is unlikely given their essential status as state apparatuses. Going further, they argued that independence is
ASIA Centre Lectures on Business and Human Rights in ASEAN at Rajamangala University of Technology Phra Nakhon (RMUTP)
Asia Centre’s Dr. Robin Ramcharan delivered a course to students at RMUTP on the political economy of human rights in the ASEAN area, from 3 to 7 July 2017. A total of 23 students in the Faculty of Business at RMUTP from Bhutan, Germany and Thailand benefited from a comprehensive overview of ASEAN’s origins, evolution and contemporary challenges, notably in the area of human rights protection. The students, all of whom are pursuing degrees in international management of business organizations, learned of the relationship between business entities and larger economic, social and political problems in the societies in which they operate. They were apprised of the need for business entities to be responsive to wider stakeholders that they serve and affect, and not only to their shareholders. The course discussed the implications of the ASEAN Economic Community for all ASEAN countries, notably the integration of the ten economies into one common market and production base that will see business entities operating regionally. Business organizations from the region and beyond will impact the lives of people economically, socially and politically. As they do so they are increasingly called upon to pay attention to the protection of fundamental human rights of all peoples. Students shared good insights in their presentations on regional power dynamics, the origins of ASEAN, the economic, political and social challenges in the region and the importance of democracy and human rights for the creation of an ASEAN Political-Security Community and for a sound AEC. They also showed good awareness of the general geopolitical context – rise of China – and its impact on ASEAN. On human rights and business, they drew attention to the role of the Universal Periodic Review of the Human Rights Council, to the possible role of the ASEAN Intergovernmental Commission on Human Rights, to the role of the Sustainable Development Goals, to corporate social responsibility and to the importance of the Guiding Principles Principles on Business and Human Rights formulated by Professor John Ruggie at the United Nations. The latter drew upon States’ existing obligations to respect, protect and fulfil human rights and fundamental freedoms, the responsibility of business organizations to comply with all applicable laws and to respect all human rights and to the need for rights and obligations to be matched to appropriate and effective remedies when breaches occur. Asia Centre looks forward to further such collaboration with RMUTP and with other universities in Thailand. This builds on successful hosting at the Centre of interns from the Faculty of Business of RMUTP.
Asia Centre delivers lectures on Women’s Rights in China
Asia Centre’s Dr James Gomez, delivered several key lectures at a one week course on the Study of Gender and Women’s Rights in China in Shanghai from 3-7 July 2017. Organised by Fudan University’s National Base for Human Rights and Training the course drew some 20 students from within and outside the university. The course is part of a range of activities within China organised by “National Bases” around the topic of human rights. Throughout China there are presently 8 National Bases for Human Rights and Training located within different universities which draws researchers from within its departments, faculties and schools. The National Base for Human Rights and Training at Fudan University was founded by the Ministry of Education, the Publicity Department of the Communist Party of China, the State Council Information Office, and China Society for Human Rights Studies in 2014 in accordance with the National Human Rights Action Plan of China (2012-2015). Dr Gomez, presented two sessions during the course entitled, “Sexual and Reproductive Health Rights” and “Gender Stereotypes and Stereotyping”. He covered key concepts and made references to examples in both in China and Southeast Asia. Additionally, Dr Gomez, also delivered a public lecture on the human rights trends in Southeast Asia at the Law Faculty, Fudan University. Apart from gender and women’s rights, an emerging area of interest in China is business and human rights. Asia Centre is exploring opportunities to contribute towards China’s understanding of human rights in these and other areas by engaging with these “National Bases”.
Nite for Rights: A Human Rights Open Mic Platform
Asia Centre’s first human rights open mic night was held on the 30 June 2017 with an audience of about 35 from various backgrounds including academics, students, civil society representatives and media representatives. Nite for Rights was a celebration of human rights advocacy and activism in the region, with Asia Centre providing a platform for sharing and discussion into the critical human rights issues impacting the region as well as strategies for effective engagement. The event was opened with an overview of Asia Centre’s Human Rights Programme and sharing of key findings of our research into the Universal Periodic Review. This was followed by presentations from NGOs and individual presenters on topics ranging from the personal experiences of refugees in Thailand, accountability for human rights violations committed in Papua, the state of freedom of the press in 2017 and an overview of conflict and non-violent strategies for activism. Representatives from BPSOS and Asylum Access highlighted their work and some of their upcoming projects as well as key achievements in the year so far. Veerawit Tianchainan, founder of the Thai Committee for Refugees Foundation (TCR) shared his path to setting up TCR and its impact on changing mentalities. Sujit Peris, Head of Global Trusts and Foundations for Amnesty International (AI), shared insights from his years of expertise in fundraising and organisational development, while AI’s Regional Director for Southeast Asia and the Pacific, James Gomez, briefly outlined the focus of the newly set up AI regional office. The open mic was followed by networking and break out, informal discussions in which participants exchanged views on rights issues across the region. The event was held with the support of the Taiwanese Foundation for Democracy.
Asia Centre’s Second Anniversary
After two years of operations, Asia Centre cast a confident gaze at its steady growth, program development, outreach and presence in Bangkok. As a testament to the Centre’s community-building prowess the celebrations featured friends and associates from academia, local and international civil society organizations, international institutions, embassies, students and the media. Asia Centre provided a platform for sharing in the form of an open mic night dedicated to human rights in the region. Over the past year, the Centre focused on developing its role as a think tank and on its flagship Human Rights Programme, which carries out evidence-based research, policy oriented briefs and capacity building on key regional human rights mechanisms and issues. The Centre’s first book, title, (Gerak Budaya and Palgrave Macmillan) will be published later this year. Continuing with its examination of regional human rights mechanisms, the Centre’s second international human rights conference on national human rights institutions is set for July 13 to 14, 2017. The Centre has managed to attract new talent, adding to our Advisory Board and Centre Associates. It continues to attract a steady stream of interns. In 2017 we partnered with Forum Asia and hosted a public lecture by the UN Special Rapporteur on Human Rights Defenders, Mr. Michel Forst on the challenges faced by defenders in the region and beyond We also explored regional geopolitical issues, notably the implications of the US 2016 elections for America in Asia-Pacific and Russia’s engagement with the region. His Excellency, Mr Kirill Barsky, Ambassador of Russia to the Royal Kingdom of Thailand, made a keynote address at a Centre roundtable on Russia’s grand strategy in the Asia-Pacific. Later this year we will tackle Japan-ASEAN relations and it trajectory for the future. In this second year, Asia Centre also launched its Intellectual Exchange Programme which serves as a focal point for interdisciplinary exchange and discourse. The inaugural International Faculty Club (IFC) Night was also convened under the auspices of the new programme and it sparked great interest among Bangkok based academics, researchers and graduate students, who came to showcase their projects and research interests in a convivial and informal setting. The second IFC will take place on September 1, 2017. The anniversary celebrations saw a coming together of the community that the Centre has built and nurtured in its two years of operations from Bangkok. The Centre looks forward to continued community-building across the region and for 2017 to 2018 looks to explore projects and partnerships in Malaysia.
Asia Centre Leads Discussion on Human Rights and Conflict Prevention at ICIRD 2017
Applying human rights principles in the development of early warning systems and indicators can bolster internal – conflict prevention processes and mechanisms. This was the key discussion point at the Asia Centre-Thammasat University panel on internal conflict held at the International Conference on International Relations and Development (ICIRD) on 24 June 2017. The panel entitled, Human Rights Violations and Internal-Conflict in Southeast Asia: Identifying Conflict Prevention Processes and Mechanisms, looked at the challenges and opportunities for internal conflict prevention from conceptual and practical perspectives. Asia Centre’s Executive Director Dr Robin Ramcharan’s paper Human Rights and Conflict Prevention in Southeast Asia: The Protection Gap considered the degree to which violations of economic, social and cultural rights trigger conflict and how to identify those triggers. Dr Kenneth Houston, a lecturer with Webster University and Asia Centre Associate adopted a methodological perspective looking at how qualitative data analysis can provide monitor attitudes and thoughts that shape perceptions and consequently policies. The Proto-policy Domain as an Early Warning Resource: Options for Quantitative Data Analysis in Human Rights Monitoring in Southeast Asia considered how data can be used to take practical steps to institutionalise a more focused early warning system. Dr James Gomez, Regional Director of Amnesty International Southeast Asia and the Pacific and Asia Centre Advisory Board Member offered a practical perspective in his paper Human Rights Violations and Political Conflict in Southeast Asia: The UPR as a prevention mechanism? Dr Gomez presentation considered how human rights violations and conflict are inherently linked to conflict and considered how the UPR can address protection gaps. The panel was chaired by the Centre’s Programme Coordinator Michelle D’cruz who facilitated the ensuing discussion that covered the role of the media, integrating conflict prevention indicators into existing human rights mechanisms and processes as well as challenge in developing an early warning system. The panel attracted an audience of academics, NGO representatives and journalists who were keen to engage on the role of human rights in conflict prevention. The session builds on Asia Centre’s Human Rights Programme which focuses on evidence- based research on human rights mechanisms in Southeast Asia. The Centre is also developing a Conflict Prevention Programme.