Nov 14, 2023 | CCHR, Statements
KUALA LUMPUR – More cases of dangerous haze pollution have been observed in the last few weeks, particularly in Indonesia, Malaysia, Thailand and Singapore. Today, civil society organizations in the region are calling on member states of the Association of Southeast Asian Nations (ASEAN) to protect and uphold citizens’ rights to clean air from the recurring haze by enacting a Transboundary Haze Pollution Act (THPA) as a concrete first step.
In time for the Asia-Pacific Climate Week (APCW 2023) held from 13-17 November in Johor, Malaysia, Greenpeace Southeast Asia (GPSEA) and ASEAN Parliamentarians for Human Rights (APHR) reminded governments of their commitments to implement the ASEAN Agreement on Transboundary Haze Pollution (AATHP). Past pronouncements to stop the haze first began with the 2002 ASEAN Agreement on Transboundary Haze Pollution but since then, very little progress has been made. With the combined reality of a positive Indian Ocean Dipole and El Niño, Singapore, Malaysia, Thailand and Indonesia governments have started warning their citizens to prepare for possible transboundary haze. But warnings are not enough, especially with an ongoing climate emergency. Current climate temperatures are increasing the intensity and frequency of forest and land fires resulting in more cases of haze that has disrupted people’s lives, even causing a massive public health crisis in the regions.
Mercy Barends, Chairperson, ASEAN Parliamentarians for Human Rights (APHR) said:
“The right to clean air is a basic human right that should be protected. The haze that has plagued Sumatra, Kalimantan, Chiang Mai, Kuala Lumpur, and other Southeast Asian areas in the past few months is a clear demonstration of the need for regional cooperation to combat pollution. Parliamentarians across Southeast Asia should advocate for the passing of a domestic Transboundary Haze Act in their respective countries and show their commitment to ensuring that everyone in the region can breathe easily.”
Heng Kiah Chun, Regional Campaign Strategist for Greenpeace Southeast Asia said:
“Southeast Asians have had to deal with toxic haze for decades now due to ASEAN’s lack of political will to stop the haze even in their own backyard. It has impacted entire generations who have been forced to live with seasonal haze, some have suffered from health issues because their basic rights to clean air were not met. ASEAN pronouncements are useless if people continue to suffer and are forced to bear toxic air pollution. It’s time for ASEAN to act, put their citizens’ health and well-being first and put an end to Transboundary Haze.”
Both groups lauded the Establishment Agreement of the ASEAN Coordinating Centre for Transboundary Haze Pollution Control (ACC THPC) and look forward to the full operationalization of the Centre which aims to facilitate faster and effective implementation of all aspects of the AATHP to address transboundary haze pollution in the ASEAN region and to endorse revisions to the Standard Operating Procedures for Monitoring, Evaluation and Joint Emergency Response (SOP MAJER).
They also noted that diplomatic cooperation among ASEAN governments can coexist with action-oriented laws to ensure accountability and strengthen governments’ strategies in dealing with the long-term haze issues. For Malaysia, ASEAN regional diplomatic cooperation should not be an excuse used to delay enforceable laws such as a THPA, which was tabled in Malaysia in 2019 but scrapped in August 2020 despite many Malaysian-owned companies being linked to forest fires in Indonesia.
In particular, Greenpeace Southeast Asia and ASEAN Parliamentarians for Human Rights demand ASEAN states to:
1. Develop a regional legal framework to hold corporate entities accountable for forest fires due to peatland drainage, and commodity-driven deforestation and agricultural residue burning
2. Mandate all plantation companies with concession areas in flammable landscapes including peatland or forestland to publicly disclose and publish concession maps to be shared across all ASEAN member states to improve transparency in their supply chains.
3. Regulate traceability requirements at every step of the supply chain of agribusiness and food industry to identify the origin of commodities and mitigate risks of deforestation, crop residue burning and transboundary haze at the source.
4. Agree on a standardised air quality indicator to be used in all ASEAN member states to monitor and track air pollution based on a common methodology and act accordingly.
Jul 13, 2023 | CCHR, DFF, FoRB, Internet Freedoms, Statements
We, Southeast Asian parliamentarians from the ASEAN Parliamentarians for Human Rights (APHR), are alarmed by the deteriorating human rights situation in the region,
Recognizing the unique and significant role of the Association of Southeast Asian Nations (ASEAN) to promote regional peace and stability through respect for justice and rule of law,
Underscoring with urgent concern the deteriorating humanitarian situation in Myanmar with over one-million people displaced since the coup on 1 February 2021;
Drawing urgent attention to the unabated crimes against humanity, war crimes, conflict-related sexual violence, impunity perpetrated by the armed forces of Myanmar’s military junta;
Noting with concern the increasing attacks against freedoms of expression, association, and assembly and the alarming shrinking civic space in Southeast Asia;
Recognizing that elections have become the tools of authoritarian leaders to consolidate their power undermining elections as one of the core pillars of democracy;
Expressing continued concern over Hun Sen’s constant and intensified repression of the opposition, civil society activists, and independent media through intimidation, physical violence, and politically motivated prosecutions;
Concerned over the Cambodian government’s abuse of power to prevent opposition parties from contesting in the upcoming July 2023 Elections;
Recognizing the significant risks and challenges faced by parliamentarians and human rights defenders in Southeast Asia;
Highlighting the increasing intimidation and harassment that parliamentarians and human rights defenders received in association with their status or work in upholding human rights;
Noting the lack of adequate protection, including under the ASEAN Human Rights Declaration, and the prevailing culture of impunity for perpetrators of abuses against human rights defenders;
Raising concern over the persistent discrimination, persecution, and denial of basic rights based on faith, exemplified by the ongoing plight of the Rohingya community;
Highlighting the prevalence of problematic legislations, such as blasphemy laws, that fuel tensions and conflicts and undermine freedom of religion or belief;
Observing the alarming rise of hate speech, hate campaigns, and the divisive rhetoric propagated by influential figures, including religious leaders, politicians, and educators, which target ethnic and religious minorities, exacerbated by the influence of social media;
Acknowledging the high vulnerability of ASEAN nations to the adverse impacts of climate change, including rising sea levels, extreme weather events, and loss of biodiversity;
Noting that the potential scale of devastation in ASEAN member states caused by the unmitigated carbon emission and rising global temperatures;
Recognizing the continuing dependence of most ASEAN states to fossil fuel and the slow progress in just energy transition;
Recognizing that gender inequalities exacerbate the the vulnerability of women to climate change impacts;
Noting the agreement in principle between ASEAN member states to admit Timor-Leste into ASEAN;
Building on Indonesia’s recent statement of support for Timor-Leste’s membership in ASEAN;
Do hereby agree to:
Urge Indonesia as Chair of ASEAN to take the lead in the region and mobilize all its member countries and ASEAN instrumentalities to take more proactive and decisive steps to address most urgent human rights concerns in the regions. Specifically:
In responding to the Myanmar Crisis
- Initiate an inclusive review of the five-point consensus and make recommendations put forward by civil society organizations, including applying pressure to the United Nations Security Council to adopt a resolution on Myanmar under Chapter VII of the UN Charter.
- Liaise and coordinate with more vital pro-democracy allies and ASEAN dialogue partners such as the European Union, Canada, United States of America (USA), Australia, and New Zealand to counter Thailand talking with the Mekong River countries and China and India, and further express concern about Thailand’s ‘Track 1.5’ meetings.
- Advocate for the immediate facilitation of cross-border assistance to meet the many growing needs of internally displaced people who urgently need food, shelter, water and medicine.
- Declare that the junta sponsored ‘elections’ set to take place in 2024 in Myanmar are not legitimate and thus should not be endorsed nor considered free and fair.
- Support calls from civil society organizations and ethnic revolution organizations for federalism and gender equality to be a strong pillar in Myanmar’s roadmap to freedom and democracy. Thus far, there has been a sincere lack of political will to discuss strategic women’s engagement.
- Recognize the suffering of Myanmar’s many ethnic people, including the long-persecuted Rohingya, who continue to face systematic violence. A comprehensive and coordinated approach rooted in humanitarian principles must be established to ensure that preserving their humanity is a collective approach.
In championing the restoration democratic rights of Cambodians
- Condemn the Cambodian government’s efforts to undermine democratic institutions, including physical and legal violence towards human rights defenders, opposition members, and civil society, as well as the disqualification of the opposition from contesting in the elections, and the banning of independent media outlet Voice of Democracy.
- Pressure the Cambodian government to ensure an inclusive, free and fair electoral process, in full respect of human rights, including rights to freedom of assembly, association and expression for all political actors, civil society, and voters.
- Urge Cambodia to unconditionally release all political prisoners from detention, put an end to all harassment and prosecution of political opponents, and to ensure full respect for human rights, including the right to a fair trial and full participation in the conduct of political affairs.
- Call on ASEAN Member States and the international community to refuse to accord legitimacy to July elections and take stronger actions towards Hun Sen’s efforts to solidify his dictatorship.
In advancing for an ASEAN Regional Human Rights Defenders’ Mechanism
- Urge ASEAN and ASEAN Member States to adopt a zero-tolerance approach to the harassment and violent acts against human rights defenders and to take all necessary measures to promote and uphold the UN Declaration on Human Rights Defenders;
- Push ASEAN to work towards the development and implementation of a regional framework or mechanism on the protection of human rights defenders against all forms of violence, threats, retaliation, or any other arbitrary actions in association with their status or work, and to include such mechanism under the ASEAN Charter;
- Urge ASEAN Member States to take legislative, judicial, administrative or other appropriate measures at national levels to facilitate the work of and to protect human rights defenders from any form of reprisals in association with their status or work as human rights defenders;
- Encourage ASEAN to strengthen the mandate of ASEAN Intergovernmental Commission on Human Rights to provide emergency protection for human rights defenders and to regularly review the progress made by ASEAN Member States in implementing measures to protect human rights defenders, including through the establishment of a monitoring and reporting mechanism to assess the situation and identify areas for improvement.
In the protecting Freedom of Religion and Belief
- Cease all violence and persecution against minority groups and release all prisoners of conscience who have been detained merely for peacefully expressing their beliefs.
- Repeal or amend laws that infringe upon people’s freedom of religion and belief, including women and girls, ensuring compliance with international human rights standards.
- Provide comprehensive remedies for victims of freedom of religion and belief violations and enhanced protection mechanisms for vulnerable groups at risk of victimization.
- Encourage political leaders, religious leaders, and educators to actively promote peace, tolerance, and diversity, fostering social harmony in diverse ASEAN.
- Support the establishment of an ASEAN mechanism to protect and advance freedom of religion and belief, setting standards, addressing abuses, and safeguarding individuals affected by these issues.
In addressing adverse impacts of Climate Change and Global Warming:
- Mobilize ASEAN Member States to strengthen their commitment to the Paris agreement by enhancing their Nationally Determined Contributions (NDCs) in order keep the increase in the world’s temperatures to less than 1.5°C at the end of the century. In this way, we can attain a regional and global community where all, including future generations, are able to enjoy human rights without harm from climate change, pollution, deforestation, waste and environmental degradation.
- Compel ASEAN member states to make just energy transition an urgent priority of their governments by providing financial incentives to renewable energy systems and zero-emissions infrastructures and technologies in accordance with the objectives of the Paris agreements.
- Advise ASEAN member states to promote investments in natural infrastructure and green spaces and prioritize government budget allocations on renewable energy, public transport, energy efficiency, electric vehicles, and other key areas supportive of a low carbon economy to avert potential damages from climate-related disasters.
- Press ASEAN member states to strengthen efforts to enforce human-rights based protection of forests, in particular with respect to indigenous rights and customary land rights.
- Lead in developing regional mechanisms to assist member states to restore degraded forests to reactivate their capacities to regulate ecosystems.
- Strengthen cooperation and enforce a transboundary integrated approach among member states to improve ocean management by sharing best practices, monitoring marine pollution, harmonizing policies, and implementing joint activities.
- Urge ASEAN member states to commit to gender-responsive Climate Policies, plans, and programs at all levels ensuring equal access to resources, including inclusion to to climate finance initiatives;
- Drive member countries in the region to develop gender-responsive adaptation measures that are responsive to address the specific needs of women and of other marginalized genders.
In the Inclusion of Timor Leste as member of ASEAN
- Expedite the admission of Timor-Leste as a member of ASEAN.
Nov 18, 2022 | CCHR, Opinion Articles
By Mercy Barends.
As COP27 draws to an end, the dozens of Southeast Asian politicians and government officials who attended the global climate change meeting must answer a crucial question: are they going to take real steps to address the climate crisis and its devastating impact or continue to treat it as if it did not exist?
With over 56 million living along its coastlines, Southeast Asian people are particularly vulnerable to the adverse effects of climate change. For many in the region, climate change is not just the abstract notion of rising temperatures; it is a real threat to their lives and livelihoods, to their right to health, to their right to education, and even to their right to suffrage. Unfortunately, few among the region’s political leaders take this threat with the seriousness it demands.
A case in point is Malaysia, which plans to hold general elections on 19 November. In December last year, Malaysia faced devastating floods that left nearly 50 people dead, thousands displaced, and an estimated RM6.1 billion (USD1.3 billion) in financial losses. The post-flood recovery is still ongoing today, nearly a year later. The scheduling of the elections during this year’s monsoon season risks further compounding those losses and could limit the ability of many Malaysians to vote.
And yet, while the floods were often discussed in the Malaysian parliament, their root cause was hardly addressed. According to research by Greenpeace, of the 19,401 questions asked in parliament since the last elections in 2018, only 8.4% contained environment-related keywords. The term ‘climate change’ or ‘perubahan iklim’ was only discussed less than 0.3% of the time. Of the 350 questions related to ‘flood’ or ‘banjir’, only 16 mentioned ‘climate change’.
This lack of discussion in the Malaysian parliament reflects a wider reality in the region: too few Southeast Asian politicians are willing to publicly recognize climate change as the inherently political issue that it is – one that threatens the stability of our democratic systems and the rights of our peoples, especially the most vulnerable.
We must recognize that the most politically disenfranchised in our society are also the most endangered by climate change. In the Philippines, one of the world’s most disaster-prone and affected countries, the urban poor often live in informal settlements designated as danger zones because the land is especially prone to flooding, earthquakes or landslides. The impact of climate change means that they are at higher risk of suffering destruction of property and loss of life during, and in the aftermath of, a disaster.
In my own country, Indonesia, indigenous peoples are often the most vulnerable to both the effects of climate change and some of the proposed solutions to climate change that often do not take their needs and aspirations into account.
The urban poor and the indigenous peoples, incidentally, are also groups that have historically faced more barriers to participate in democratic processes, including to their access to voting.
Our national leaders, in Malaysia and elsewhere, need to realize this and prioritize climate change: national governments can no longer ignore that climate change is a political issue, including during their campaigns, particularly with elections coming up not only in Malaysia but also Thailand, Indonesia, and Timor-Leste. They should do that not only for the public interest but for their own as well – calls for climate action are gaining a growing constituency, especially among young voters, who will hold to account leaders who dither over addressing the climate crisis.
So what should Southeast Asian politicians do, starting with those running in the Malaysian elections? First, political candidates can support the climate action campaigns organized by civil society and show a unified front on climate policy. Lawmakers should create a comprehensive climate action framework that covers both mitigation and adaptation measures.
Second, election management bodies tasked with implementing the entire electoral process, such as the Suruhanjaya Pilihan Raya (SPR) in Malaysia, must design a clear contingency plan should a natural disaster strike, in order to ensure that all citizens have the opportunity to take part in free and fair elections.
And lastly, both short-term and long-term electoral policy reforms should consider the impact of climate change on political participation, especially among voters whose political rights are most at risk. This could be done through establishing a more independent SPR in Malaysia, by moving its supervision from the Prime Minister’s office to the Parliament, so it can make fully independent and non-partisan decisions, as well as be held accountable for its actions, or lack thereof.
Climate change is here and it is disproportionately affecting the most vulnerable among us, leaving loss and devastation in its wake. The least that those seeking their votes can do is to take it seriously.
Mercy Barends is a member of the House of Representatives in Indonesia, and a Board Member of ASEAN Parliamentarians for Human Rights (APHR).
This article first appeared in Malaysia Kini.
Nov 1, 2022 | CCHR, Statements
BANGKOK – The rights of indigenous peoples and local communities must be put at the center when discussing urgently needed solutions to the ongoing climate crisis, lawmakers, civil society members, and experts said in the first ever conference on the role of parliamentarians in addressing climate change in Southeast Asia, organized by ASEAN Parliamentarians for Human Rights (APHR).
“Climate change is not something that can be postponed; in fact action needs to be taken yesterday. Parliamentarians have a big role to play in order to avoid a climate catastrophe, which will disproportionately affect poor and marginalized communities.” said Charles Santiago, APHR Chairperson and former Malaysian MP.
The two-day conference, held in Bangkok on 29-30 October 2022, gathered former and current parliamentarians from the region as well as regional and international experts, civil society organizations, affected communities and other relevant stakeholders who have been active and engaged on climate change issues.
Participants shared their experiences and knowledge and discussed possible alternative approaches on what lawmakers can do to push further action on climate change from their respective governments, particularly how to ensure that such actions include meaningful involvement from indigenous peoples and local communities, who are often the most affected by the impacts of climate change.
“Climate-induced disasters don’t just result in economic damage, communities are displaced from their lands, indigenous communities lose their culture too,” said Patricia Wattimena, from the Asia Pacific Forum on Women, Law and Development (APWLD). Wattimena added that proposed solutions to climate change, such as large hydroelectric dams, too often ignore indigenous communities’ voices and result in their displacement.
“Parliamentarians should come to the local communities, listen to the impact of climate change, and the impact of climate solutions, and listen to what they need,” said Wanun Permpibul, Climate Watch Thailand.
Participants also noted that funding for the mitigation and adaptation to climate change, which has been generally lacking in the region, has failed to reach local communities. Funding for adaptation efforts have been particularly insufficient, especially as Southeast Asia is one of the most vulnerable regions to climate change in the world, with 56.3 million people living on the coastlines.
“Current climate change finance is not inclusive and less than 10 percent of it reaches the local level. Scaling up adaptation finance is especially important because even if we reach zero emissions today, we still need to deal with historical emissions,” said Dr. Ornsaran Pomme Manuamorn, advisor to Thailand’s Fiscal Policy Research Institute.
She added that adaptation finance was needed not just to address climate induced-disasters such as flooding, but also slow-onset events sea level rises, changing rainfall patterns, and biodiversity loss, which can be devastating to indigenous peoples and local communities.
Mercy Barends, APHR Board Member and member of the Indonesian House of Representatives, said that influential leaders who champion climate change efforts must be protected, particularly as environmental and indigenous activists across the region have often faced criminalization in the past few years. “All levels of society have to work together in order to achieve a just and equitable energy transition that can help us avoid a climate catastrophe,” said Mercy.
Aug 4, 2022 | CCHR, Statements
JAKARTA – Malaysia urgently needs political unity across the board to recognize and tackle the deleterious impact of climate change in the country, Members of Parliament (MPs) and representatives of civil society organizations said during an event hosted by ASEAN Parliamentarians for Human Rights (APHR) at the Malaysian Parliament on 1 August 2022.
The “Interface for Members of Parliament and Civil Society Organizations on strengthening climate action in Malaysia” brought together 11 MPs and seven CSO representatives for an open discussion on the harmful impacts and causes of climate change in their communities, and the measures required to push for more coordinated and effective solutions.
To strengthen climate action in Malaysia, political unity across party lines is more urgent than ever because climate change is not a local or party issue. No single constituency is immune from its effects, as seen in the flood disaster in December 2021 that affected eight states, resulting in the loss of at least 54 lives.
All the participants recognized that the climate emergency affects all Malaysians, but not in equal measure: the rights of marginalized and vulnerable groups are often more adversely affected. Stronger protection measures for these groups are needed in any proposed national legislation and policy on climate. Professor Emeritus Datuk Dr. Shad Saleem Faruqi recommended parliamentarians to push for the recognition of the human right to a healthy environment in the Constitution of Malaysia, urging Members of Parliament to remember that “human rights do not belong to you and me only, they also belong to the next generation.”
“MPs must work together to use our budgetary oversight to ensure that the national budget is providing sufficient funding to address the adverse impact of climate change,” said Charles Santiago, Malaysian MP and Chair of APHR, as budgetary issues were identified as one of the critical gaps on climate action by the attendees.
The issues discussed included assessing to what extent enacted and proposed measures, such as improving the urban draining system to reduce floodings, contribute to climate adaptation or mitigation. MPs advocated for the adoption of a standardized index on “green tagging”, to measure whether the budget helps to attain, or hinder, climate objectives. They also supported a tax on carbon emissions from power producers in Malaysia, in order to raise the capital needed for a just transition away from fossil fuels to clean energy.
For their part, CSO representatives suggested that their work could be improved if they are granted access to official data on the national budget allocation to climate measures. They also urged MPs to institutionalize and expand current budget commitments, including under the ecological fiscal transfer, to enable state governments to protect forest areas.
The representatives also detailed the need for stronger national legislation on key areas: to urgently cut down carbon emissions by stopping deforestation, a moratorium on building more coal power plants, and supporting ecotourism at the state-level. MPs agreed to develop a legislative roadmap that would help them to identify the climate legislation to push for, an institutional framework to make the fight against climate change a priority across all sectors, and an action plan to ensure the government’s accountability.
Both parliamentarians and CSO representatives at the event noted that, in the absence of an existing institutional mechanism for engagement on climate, it was necessary to widen and strengthen this kind of cooperation between CSOs and more MPs across party lines, and Mr. Santiago announced that a similar meeting between MPs and CSOs will be held in September, before the next Parliament session.
Jun 27, 2022 | CCHR, DFF, Statements
JAKARTA – As food and fuel prices are rising at alarming rates throughout the world, Parliamentarians from Southeast Asia are urging the economic ministers of their countries to gather in an emergency summit and agree on measures to tackle impending food shortages and widespread hunger currently threatening millions of their fellow citizens.
The global economy, already weakened by the pandemic, is taking another blow with the war in Ukraine, one of the main producers of grain in the world. Shortages of food, increases in oil prices, and fears of a global recession are already increasing prices of essential commodities. The average inflation rate in ASEAN went from 3.1 percent in December 2021 to 4.7 percent in April 2022, compared to 0.9 percent in January 2021. And, as always, this affects the poor most dramatically.
“ASEAN needs to act collectively, and needs to do it now. Climate change, the ravages of Covid-19, inequality in access to resources, and now Russia’s war on Ukraine, are having devastating impacts that no country can solve alone. It is necessary to urgently put in place a coordinated effort to protect the most vulnerable from a potentially devastating economic downturn,” said Mercy Barends, Member of Parliament in Indonesia and Board member of ASEAN Parliamentarians for Human Rights (APHR).
Inflation in food prices could even further increase the number of undernourished people in ASEAN. According to data from the World Bank, the share of undernourished people ranged in 2019 from 5.3 percent in Laos to 6.5 percent in Indonesia, 6.7 percent in Vietnam, 7.6 percent in Myanmar, 8.2 percent in Thailand or 9.4 percent in the Philippines.
People displaced from their homes are particularly vulnerable to increased food prices, which take an even higher toll on women and children. In Myanmar, there are over a million internally displaced persons (IDPs), most of whom were pushed to flee their homes as a consequence of the conflict triggered by the illegal coup d’état on 1 February 2021.
ASEAN member states adopted in 2020 the Integrated Food Security Framework, outlining food security measures that included food emergency and shortage relief measures, but it needs to be updated and enhanced in order to address a problem which is worsening. ASEAN must prepare for the future and act decisively to facilitate easy access to food for all, support its producers, and scale-up targeted, and nutrition-sensitive, social protection programs.
“Our economic ministers must come up with a clear roadmap on how to tackle the severe consequences of the current rise in food prices on those who are already experiencing high levels of acute food insecurity and hunger. We need trust and cooperation, and only through a collective effort will we be able to overcome the many challenges that have combined to create this crisis,” said Barends.
