ASEAN and Myanmar’s Ethnic Conflict

Yuyun Wahyuningrum, Senior Advisor on ASEAN and Human Rights, Human Rights Working Group (HRWG) Indonesia, E-mail:

wahyuningrum@gmail.com

Global Convening to End Mass Atrocities, Istanbul, Turkey, 17-19 June 2013

“Today, ASEAN is not only a well-functioning, indispensable reality in the region. It is a real force to be reckoned with far beyond the region. It is also a trusted partner of

the United Nations in the field of development”

Kofi Annan, Secretary General of the United Nations,

16 February 2000

ASEAN as emerging power?

1. The promotion and protection of human rights in accordance with

the ASEAN Charter, the UN Charter, the Universal Declaration on Human Rights, and the Vienna Declaration and Programme of Action

2. Promotion of peace and stability through: Tolerance and respect for diversity Conducting dialogue among different groups, and Pursuing poverty alleviation and narrowing development gaps

3. The promotion norms that enhance ASEAN defense and security cooperation Developing and publishing an ASEAN Security Outlook Holding voluntary briefings on regional political and security

developments and Developing an ASEAN early warning system (based on existing

mechanisms) to prevent the occurrence and/or escalation of conflicts

ASEAN Political Security Blueprint

4. Support for conflict resolution and pacific settlement of disputes through: Promoting the ASEAN Treaty of Amity and Cooperation (TAC) Strengthening existing modes of pacific settlement of disputes Undertaking conflict management and conflict resolution research

studies, and Developing ASEAN modalities for good offices, conciliation and mediation5. The strengthening of research activities on peace, conflict management and conflict resolution by identifying priority research topics, with a view to: Providing recommendations on promoting peace, conflict management

and conflict resolution Enhancing existing cooperation among ASEAN think tanks to study peace,

conflict management and conflict resolution Undertaking studies to promote gender mainstreaming in peace-building,

peace process, and conflict resolution, and Developing a pool of experts from ASEAN Member States as resource

persons to assist in conflict management and conflict resolution activities.

ASEAN Political Security Community

Directing activities in ASEAN Political Security Pillar

toward efforts to prevent mass atrocities require a flexible interpretation, because it is clear that the pillar was not drafted with mass atrocities prevention in mind.

At the moment Indonesia is proposing a review on the Pillar before the 2015 ASEAN Community – can be the entry point to highlight the missing link with mass atrocities prevention activities and implication to the building of ASEAN Community

Another entry points: early warning and response, civilian protection and peace keeping operation

ASEAN Political Security Community

ASEAN Human Rights Systems

Conventions: Norms/Instrumen

ts

Commission/Committee ASEAN Human Rights Court??

ACWC 2010

AICHR 2009 ACMW

2008

The 3Cs in Human Rights Architecture

Established as a follow-up of the ASEAN Leaders’ Joint

Statement that was adopted on May 8, 2011 The Terms of Reference of AIPR was adopted during the 21st

ASEAN Summit in Cambodia in 2012. Its headquarter is in Jakarta, Indonesia Principles of the AIPR:

Respect for the independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Member States,

Shared commitment and collective responsibility in enhancing regional peace, security and prosperity

Non-interference in the internal affairs of ASEAN Member States Mandate: shall be the ASEAN Institution for research

activities on peace, conflict management and conflict resolution, as requested by ASEAN Member States

ASEAN Institute for Peace and Reconciliation (AIPR)

Function:

Undertake research and compile ASEAN’s experiences and best practices, the promotion of gender mainstreaming, existing dispute settlement mechanisms, on peace, conflict management and conflict resolutions, – with the view of providing recommendation upon request by ASEAN member states, to ASEAN bodies

Capacity building Pool of expertise and support for ASEAN bodies Networking Dissemination of information

Structure: Governing Council, Executive Director, Advisory Board – from ASEAN member states

ASEAN Institute for Peace and Reconciliation (AIPR)

Created 1994 within the context of post- Cold War

uncertainties, as a mechanism for boosting cooperative security between states.

Its founders envisioned that it would eventually transition from a focus on confidence building to a deeper level of regional cooperation - preventive diplomacy (PD)

the ARF defines PD in a way that generally precludes a regional role in containing and resolving member states’ internal conflicts

In recent years, it has expanded its focus to include non-traditional transnational security issues such as maritime security, counter- terrorism, and natural disaster relief and response

ASEAN Regional Forum (ARF)

There are two entry points to be used to bring the discussion on preventing mass atrocities in ARF: The Eminent and Experts Persons group (EEP), whose

role is to present “non- binding and professional views or recommendations to the ARF participants, when they are requested to undertake in-depth studies and researches or serve as resource persons in ARF meetings on issues of relevance to their expertise”;

The Friends of the Chair (FoC) group, comprised of the incoming ARF chairing country’s foreign minister, the foreign minister of a non-ASEAN ARF country, and the foreign minister of the immediate past ARF chairing country, and whose role is to advise the Chair when the ARF is not in session . (FoC has yet to be invoked.)

ASEAN Regional Forum (ARF)

ASEAN is self-limited in playing role in preventing

mass atrocities The language of the TOR of the ASEAN

Intergovernmental Commission on Human Rights (AICHR), TOR AIPR, ARF and other ASEAN’s documents repetitively emphasize “respect for sovereignty” and “non-interference in internal affairs of states” as paramount values

ASEAN does not make reference to mass atrocities or four crimes (that constitute R2P)

Bringing the conflict to ASEAN can mean that the issue will be likely determined by political bargaining.

Limitations

Getting a progressive member state that has

authority over the issue and trusted by Myanmar Government as the champion – Indonesia?

Suggestion: Bilateral Approach

Would Myanmar’s chairmanship of ASEAN in

2014 would be the opportunity to gain

momentum?