By M. Ajisatria Suleiman
One is justified in saying that the majority of Asean countries have always been allergic to international intervention in their domestic human rights practices. And as it stands, many people — mostly human rights advocates — are undermining the future effectiveness of the planned Asean Human Rights Body. All are concerned about just how Asean countries will react to the commission`s decisions, resolutions or actions if they are deemed to interfere with national sovereignty.
However, by taking a deeper look, one would notice how the so-called Asian values, which have been regularly used as a shield to show sensitivity to “Western” human rights principles, only conflict with the individualistic approach to civil and political rights but naturally embrace the enforcement of economic, social and cultural rights. Therefore, a shift in paradigm from forcing the application of civil and political rights to empowering the promotion of economic, social and cultural rights would be necessary before the creation of any respected Asean rights body.
There are imminent risks threatening the human rights of the people in Asean countries, namely the danger of climate change. As described in a report recently released by the Asian Development Bank, Asean countries must be extremely cautious in dealing with climate issues.
Indonesia and Thailand suffered huge losses as a result of the deadly tsunami in 2005, and the wider region is subject to heat waves, tropical cyclones, floods, water shortages and forest fires. Not to mention that many islands in the region are in danger from rising sea levels, which may force people living in coastal areas to move. Furthermore, food security and climate-related health care are also of significance in weighing up the impact of climate change in the Asean region.
Prior to the ADB report, in January 2009 the UN Office of the High Commissioner for Human Rights also issued a breakthrough report regarding the relationship between human rights and climate change. This report highlighted several rights potentially affected by the threat of global warming, including the rights life, healthy living, adequate food, water, housing and self-determination. These rights are governed under the International Covenant on Economic, Social and Cultural Rights.
The OHCHR report addresses how those rights might be infringed by the failure to mitigate climate change risks. Increasing temperatures can and will threaten livelihoods and food security. In Asean countries in particular, the number of traditional fishermen, farmers and other workers who depend on agriculture for their livelihoods is enormous. Thus climate change would not only hamper food production but also these people`s individual right to self-determination. A food shortage would have far-ranging consequences even on those not directly employed by agriculture.
As far as the right to water is concerned, the people of Asean countries will have to deal with the threats of a water shortage and the lack of access to clean drinking water, issues that have never previously been considered important in this tropical region with its high rainfall.
When it comes to the right to health, scientific research shows how malaria and diarrheal, cardiorespiratory and infectious diseases will become increasingly prevalent.
Having recognized these threats to the region, international cooperation, including partnerships outlined in the Asean Human Rights framework, is essential to provide solutions.
In terms of policy guidance, the Asean Human Rights Body would be able to encourage the formulation of codes, standards or best practices related to rights-based policies and climate issues in the context of Southeast Asia, especially the effort to deal with deforestation, food security, healthy living, the inundation of small islands and climate refugees.
The body also has to ensure that the present and future climate mitigation schemes will also encompass the human rights of people living in areas bordering forests. Reports predicting evictions, horizontal conflicts among local communities and other potential human rights violations must be addressed to and formulated by the Asean Human Rights Body. If deemed necessary, the body can further investigate such issues and address them through regional treaties to provide a more solid legal framework.
The body can establish fact-finding missions with the authority to summon officials and force government institutions to disclose information and documents related to climate change, further ensuring public access to information and participation in decision making.
The body must also take the lead by means of international assistance and cooperation, if resources allow, to ensure fulfillment of human rights in the region by taking on disaster relief, emergency assistance and assistance to refugees and displaced persons.
Much can be achieved by the Asean Human Rights Body, and its capability of handling climate change matters will gain the trust of the skeptics. And in the near future, it will not a sin to stay away from concerns like political libel, freedom of speech or democracy at the regional level, for the perils climate change are indeed immediate.
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M. Ajisatria Suleiman is an international law researcher in Jakarta. H e can be reached at aji.suleiman@gmail.com.
Source: http://www.thejakartaglobe.com/ (30 April 2009)
