Minorities in ASEAN-2013-YuyunWahyuningrum

7/27/2019 Minorities in ASEAN-2013-YuyunWahyuningrum

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In Search of Bottom-Up People-Centered ASEAN Community:

Negotiating the Status of Minorities in the region

Yuyun Wahyuningrum, Senior Advisor on ASEAN andHuman Rights, Human Rights Working Group, E-mail:

[email protected]

mailto:[email protected]

mailto:[email protected]



Introduction

Southeast Asia is characterized by great ethnic, cultural and religiousdiversity, and is home to a large number of migrants from China andIndia, dominant groups of Malays and Indonesians, as well as

indigenous peoples, hill tribes and many minority groups. Vietnam,for instance, has 54 official ethnic groups.

Many ASEAN countries seem to aim at minimizing diversity withinthe country, thereby developing programs that have the objective of assimilating and controlling minorities into the norm of majorities.

At the same time, ASEAN has been silence in recognizing theirexistence in its process of community building. Minorities are ratherseen as hindrance to development progress or as a threat to political-security by countries member of ASEAN.



In 1993, the Ministers and representatives of Asian states, meeting in Bangkok inthe context of preparations for the World Conference on Human Rights, adopted aDeclaration, known as „The Bangkok Declaration‟.

One of the commitments including in the Declaration was “the importance of

guaranteeing the human rights and fundamental freedoms of vulnerable groupssuch as ethnic, national, racial, religious and linguistic minorities, migrant

workers, disabled persons, indigenous peoples, refugees and displaced persons”(A/Conf.157/Asrm/8, A/Conf.157/ Pc/59, 7 April 1993)

However, in subsequent documents of ASEAN, no reference was made tominorities or indigenous peoples.

In 2008 the ASEAN Charter proclaims the principle “to uphold the UnitedNations Charter and international law, including international humanitarian law,subscribed to by ASEAN Member States”. This proclamation calls for anassessment of ASEAN‟s policy in compliance with international law in regard tothe protection of minorities and indigenous peoples, on the one hand, and thepolicies and laws of member states of ASEAN, on the other.

ASEAN continues to emphasize on promoting cultural diversity in its officialsdocument. ASEAN‟s motto, further tempers the optimism with regard to theprotection of diversity. The motto, “One Vision, One Identity, One Community”,indicates that the emphasis of ASEAN is on strengthening unity rather thanon promoting diversity.



RIGHTS & CULTURE in the 2000 ASEANDeclaration On Cultural Heritage

Para 3 - FOUNDATION FOR A REGIONAL ORDER

A Regional order is based on equal access to cultural opportunities, equal participation in culturalcreativity and decision-making, and deep respect for the diversity of cultures and identities in ASEAN, without distinction as to nationality, race, ethnicity, sex, language or religion;

Para 4 – REGIONAL VISIBILITY

Cultural creativity and diversity guarantee the ultimate viability of ASEAN societies;

Para 5 – HUMAN DEVELOPMENT

Cultural rights and freedom are inherent in the human person who is the main agent and consequently should be the principal beneficiary of, and participate actively in the realization of these heritage,expressions and rights;

Para 6 –

FORMATION OF REGIONAL IDENTITY

Cultural traditions are an effective means of bringing together ASEAN peoples to recognize theirregional identity,

Para 7 – TOOLS TO UNITE PEOPLE AROUND SOUTHEAST ASIA

Cultural rights draws sustained inspiration from the deep historical, linguistic, and cultural unity andlinkages among Southeast Asian peoples



How Culture has been used to frame rightsin ASEAN?

As a limit to the realization of rights:

“… The exercise of human rights and fundamental freedoms shall besubject only to such limitations as are determined by law solely for thepurpose of securing due recognition for the human rights andfundamental freedoms of others, and to meet the just requirements of

national security, public order, public health, public safety, publicmorality, as well as the general welfare of the peoples in a democraticsociety ” (Para 8 AHRD)

To signify the formation of regional identity/ challenge universality

“… At the same time, the realisation of human rights must be consideredin the regional and national context bearing in mind different political,

economic, legal, social, cultural, historical and religious backgrounds.”(Para 7 AHRD)

“ To promote human rights within the regional context, bearing in mindnational and regional particularities and mutual respect for differenthistorical, cultural and religious backgrounds, and taking into account thebalance between rights and responsibilities” (Article 1.4 TOR AICHR)



How Culture has been used to frame

rights in ASEAN? Inherent part of the human rights

“Every person has the right, individually or in association withothers, to freely take part in cultural life, to enjoy the arts and

the benefits of scientific progress and its applications and tobenefit from the protection of the moral and materialinterests resulting from any scientific, literary or appropriateartistic production of which one is the author”. Article 32

to decide who can come in/out – indigenous people/ ethnic

minorities, refugees, Rohingya

To lightened the debate into the least common denominator



Definition No legal definition of the term „minority ‟ has been agreed in

international law. Individual States recognize a wide range of groupsdomestically as minorities based on shared ethnic, cultural, religiousand/or linguistic characteristics.

In the absence of a formal definition, the existence of a minority groupcan be assessed using objective and subjective criteria;

Objective criteria focus on the shared characteristics of the groupsuch as ethnicity, national origin, culture, language or religion.

Subjective criteria focus on two key points: the principle of self-

identification and the desire to preserve the group identity.

The size, access to power, vulnerability to exclusion and geography of the group matters can be the factor in determining whether minority protection is required. A group could constitute a majority within thecountry but become a numerical minority within a sub-region.



Indigenous Peoples Rights and

Minority RightsIndigenous

Peoples rights:

Self-determination

Collective land rights

Use of natural resources and

territories

Practice customary law

Environmental conservation

Protect traditional knowledge,intellectual property, and cultural

heritage

Free, prior and informed consent to

measures that affect them or their

lands and territories

Minority rights:

to exist to non-discrimination to protection of their identity to participate in public life and in decision-making that affects them



The Constitutions of the Philippines, Thailand, Laos, and Indonesia recognizethe right of indigenous people, ethnic group, tribe, and traditional community to conserve local custom and wisdom. However, each country offers differentdefinition and understanding regarding minorities.

Several Southeast Asian states seem to use their large ethnic diversity, and theaccompanying lack of conceptual clarity, for political purposes.

Laos and Vietnam, for instance, have a highly developed system of ethnicclassification, which they use for census purposes. Moreover, the main focus

of official policy is on the development of national unity by assimilationrather than by providing separate or autonomous structures.

Indigenous peoples and minorities, often have similar concerns, particularly from an economic, social and cultural rights perspective, and may becompeting for the same government resources or land.

States‟ programs and policies on minorities and indigenous peoples related todevelopment assistance, healthcare and education are often a cover for statesfor (forced) acculturation, assimilation and resettlement and often contributeto the degeneration of minorities and indigenous peoples.



The (forced) resettlement and displacement of minorities and indigenousgroups are often the result of the ambition of Southeast Asian governmentsto develop from an economy based on agriculture towards an industrializedeconomy.

Exploitation of natural resources such as oil, timber, rubber and mineralsand has massive implications for indigenous people who depend on the sameresources for their living..

Plantations are established and dams are built, causing the removal ormarginalization of these populations.

(Forced) resettlement of the indigenous peoples and minority groups fromthe forests and mountains also occurs, and is often justified by governments with the protection of the environment, national development and nationalsecurity.

Environmental protection in particular is often brought up as a justificationfor the resettlement of indigenous peoples, as it is argued that the people‟s

way of living is detrimental to the environment.

Another form of resettlement is the movement of members (often poorpeasants) of the dominant group to areas in which the ethnic minoritiesgenerally live, which is justified by reasons of over- population of the areasin which the majority lives and by the claim of giving these peasants a betterfuture.



Conclusion

lack of formal recognition of, and respect for, the identity and culture of minority often results in a denial of the rights to citizenship, to effectiveparticipation in government and to the recognition of their distinctivehistories, cultures and lifestyles, notably in the context of national

development policies. While promoting culture and its diversities, ASEAN does not

automatically link it with the rights of minorities.

This article argues that ASEAN is caught in the middle between the ideaof holding universal values as its common norms on one hand, and

dealing with national interests and political preference on minorities onthe other hand.

Unless ASEAN put an end in nourishing the suspicion over the specificrights of the minorities, the regional project of being a more organizedand cohesive community will not be successful.

Minorities in ASEAN-2013-YuyunWahyuningrum

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