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| AsiaViews, Edition: 45/VI/February2010 |
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| ”It is the main task of AIHCR to address the problem of cross-border human rights. . .” |
Human rights activist, Rafendi Djamin, was elected as Indonesia’s representative to the ASEAN Intergovernmental Commission for Human Rights (AICHR). Having been a victim of human rights abuse under the Soeharto regime, Rafendi finds himself now representing the Indonesian government. He sees no irony in his situation and shares his cautiously optimistic views on AICHR with AsiaViews.
The AICHR had its first meeting recently. What are the priorities that have been set for ASEAN?
The priorities that have been agreed are related to institutional building (IB) issues, as well as the priority issues that should be addressed in the next 5 years. IB issues include finalizing the rules of procedures in implementing our mandate and function and developing a full fledged AICHR secretariat. The limited secretarial support from the ASEAN Secretariat would not be sufficient to implement the complete mandate and function of AICHR. As to priority issues, we have agreed that the issues of migration and human rights are some of the main issues in ASEAN and it covers the promotion and protection of the rights of victims of trafficking of women and children in particular; the rights of migrant workers both regular and irregular; as well the rights of people seeking protection from fear of prosecution or coming from a war-torn countries. The business and corporate accountability on human rights is also a matter of priority.
Despite ASEAN’s efforts to become a closer community of nations, there remain unresolved tensions along its borders. For example, the tension between Cambodia and Thailand, between Laos and Thailand, between Malaysia and Indonesia to name a few. The cases of Indonesia and Malaysia or Burma and Thailand, which involve the issue of migrants and refugees, have the potential of exacerbating human rights violations. Will this be an issue that is going to be addressed by the AICHR?
As I said earlier one of the priorities is the cross-border human rights problem. It is the main task of AICHR as a regional human rights mechanism to address this issue.
What kind of cooperation do you expect from ASEAN member countries to resolve these issues?
In accordance to our TOR, one of the main functions is to cooperate with member states in gathering information on particular thematic human rights issues and to develop a framework of cooperation to promote and protect human rights in ASEAN.
One of the weaknesses of this human rights commission is that victims of human rights abuses cannot take their cases directly to the commission. Given this constraint, how can the AICHR help such victims?
Indeed, at this stage AICHR has no mandate to receive individual complaints which is one of the functions of so-called explicit human rights protection. This is going to be developed in the future and will be subjected to a careful review at least after 5 years in operation. At this stage victims could raise their problems by putting it together under one of thematic issues, for example, the rights of victims of gross violations of human rights to receive substantive remedies. Victims from Indonesia can work together with victims’ organization in Thailand, Philippines, Cambodia and bring their thematic issues to the attention of AICHR.
With the different political systems adopted in ASEAN, ranging from a vibrant democracy to tight military-rule, what is the biggest challenge to proving to the people that ASEAN is serious about protecting human rights?
I think the biggest challenge is to show to the ASEAN public that AICHR can cooperate with all member states regardless of their political system in addressing particular human rights issues.
When do you foresee ASEAN member states being able to truly achieve this goal?
This is a political process at the same time a learning process through exchanges of experiences, best practices among member states of ASEAN in dealing with various human rights challenges. Looking at the speedy political process within ASEAN in the last 4-5 years, starting from the idea to have a charter in 2006 until the establishment of AICHR, I am optimistic that the learning process can also be achieved expeditiously in the next 5 years.
You yourself spent most of your life as an human rights activist and now you have been appointed Indonesia’s commissioner to the AICHR, the only commissioner in the 10-member commission who has been a victim of human rights abuse. How will you adjust to being on the other side, so to speak? To what extent will you be willing to compromise your principles?
I would not consider my self being “on the other side”. It is just a different role but with the same noble aims in that human rights should be well respected, fulfilled and protected in all the member states of ASEAN. The fact that I am appointed and elected by my government should also be perceived as a positive result of Indonesian and all ASEAN civil society advocacy work to create an independent and credible AICHR. Having said that, there is no reason why I should compromise my beliefs on human rights principle.
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| Asiaviews, Vol. III No.9 January-February 2010 |
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