Putting Business on the Agenda

of The ASEAN Intergovernmental

Commission on Human Rights

(AICHR): Building Advocacy and

Lobbying Skills – Practical Session

Yuyun Wahyuningrum,

The Representative of Indonesia to the ASEAN Intergovernmental Commission

on Human Rights (AICHR), 2019-2021

Outline

1. Understanding ASEAN Intergovernmental Commission on Human Rights

(AICHR)

2. Business and Human Rights in ASEAN

3. Why doing Advocacy in ASEAN/AICHR?

4. Advocacy & Lobby

Understanding ASEAN

Intergovernmental

Commission on Human

Rights (AICHR)

Background

Human Rights were not the reason ASEAN was found in 1967,

but regional economic development & peace;

ASEAN IS SHIFTING: from non-discussion to engagement on

human rights within its context of regionalism;

1991-1993 – the formulation of human rights position of human

rights. 1993 World Conference on Human Rights, Vienna, Austria

1997 - Asian financial crisis - opened up the process of

developing a regional normative framework on human rights

2007 to 2017 witnessed the proliferation of human rights

institutions and instruments

ASEAN Human Rights System

Two regional human rights mechanisms:

ASEAN Intergovernmental Commission on Human Rights (AICHR), launched in 2009 – Established by the ASEAN Charter, Article 14

ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), launched in 2010

Instruments:

ASEAN Human Rights Declaration (AHRD) in 2012,

Declaration on Violence against Women and Violence against Children in ASEAN (DEVAWC) in 2013,

ASEAN Declaration on the Strengthening of Social Protection in 2013,

ASEAN Convention against Trafficking in Persons, especially Women and Children (ACTIP) in 2015,

ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers in 2017;

Terms of Reference (ToR) of AICHR

Principles

Purposes

Consultative Inter-

Governmental Body

Modalities

Composition

Mandate & Functions

Role of Secretary-General & ASEAN

Secretariat

Work Plan & Funding

General & Final Provisions

AICHR: MODALITIES, PRINCIPLES, NATURE

non-interference

evolutionary approach

consultation

consensus

consultative

inter-governmental

body

AICHR Mandates (14)

Agenda/StandardSetting

• Develop an ASEAN Human Rights Declaration with a view to establishing a framework for human rights cooperation through various ASEAN conventions and other instruments dealing with human rights; (4.2)

• Develop common approaches and positions on human rights matters of interest to ASEAN; (4.11)

Policy Support

• Provide advisory services and technical assistance on human rights matters to ASEAN sectoral bodies upon request; (4.7)

• Prepare studies on thematic issues of human rights in ASEAN; (4.12)

• Perform any other tasks as may be assigned by the Foreign Ministers Meeting; (4.14)

Protection

• Obtain information from ASEAN Member States on the Promotion and Protection of Human Rights; (4.10)

Human Rights Strategies

• Encourage AMS to consider acceding to and ratifying international human rights instruments; (4.5)

• Promote the full implementation of ASEAN Instruments related to human rights; (4.6)

• Develop strategies for the promotion and protection of human rights and fundamental freedoms to complement the building of the ASEAN Community; (4.1)

Capacity Building

• Promote capacity building for the effective implementation of international human rights treaty obligations undertaken by ASEAN member states; (4.4)

• Enhance public awareness of human rights among the peoples of ASEAN through education, research and dissemination of information; (4.3)

Dialogue

• Engage in dialogue and consultation with other ASEAN bodies and entities associated with ASEAN, including civil society organisations and other stakeholders, as provided for in Chapter V of the ASEAN Charter; (4.8)

• Consult, as may be appropriate, with other national, regional and international institutions and entities concerned with the promotion and protection of human rights; (4.9)

Protection of HRs

Promotion of HRs

LIMITATIONS & POSSIBILITIES

Limitations

No mandate to do fact-finding,

monitoring, investigation of

human rights

Possibilities

To hear victims stories;

Power to convene: Platform of

Dialogue, Platform of Learning

and Sharing

Establish referral system;

Establish focal point on specific

issues

Regional Human Rights Framework in ASEAN:

A WORK IN PROGRESS

ASEAN Human Rights Declaration (2012)

Civil, Political, Economic, Social, Cultural Rights;

Right to Development;

Right to Peace;

Cooperation on Human Rights

Limitations:

the performance of duties (Article 6),

the regional and national context (Article 7),

limitation of rights (Article 8), and

reference to national laws (Article 25.1, Article 25.2, Article 27.2).

ASEAN Member States both confirmed and challenged IHRL: Adopt, Integrate, Remove, Modify

ASEAN approach to IHRL is a critic and ASEAN Member States’ resistance against uniformity

ASEAN Way

National

Interest of

AMSIHRL

ASEAN

Framework

on HR

WHAT AICHR HAS ACHIEVED IN THE LAST

TEN YEARS?

AICHR has been a platform:

For convergence of different positions on human rights in the region;

For learning and influencing each other among member states on human rights.

AICHR has generated:

Discourses and norms on human rights in ASEAN;

Interests of civil society to get organised to work on human rights advocacy at the regional level;

National commitment to the international human rights obligation to be surfaced as a regional collective action and cooperation on human rights;

More and more sectoral bodies in ASEAN included human rights in their work.

WHAT ARE THE CHALLENGES?

Lack of member states’ political will to integrate human

rights fully in ASEAN regionalism project.

The development of regional human rights systems has very much been shaped

by its regional organisation, that is, the roles of the member states that created it.

Member states often take the role as the ‘master’ who controls the scope of

work and the power of the regional human rights systems, based on the states’

interests, regimes and levels of political or economic influence or both.

The member states decide what AICHR can or cannot do to carry out their

mandate to promote and protect human rights.

Lack of ability and capacity to protect human rights;

Lack of people awareness about its role.

Do Human Rights have a Future in ASEAN?

Half-full/Half-Empty Glass?

Pushmi-Pullyu

(Two Headed Illama)

Business and Human

Rights in ASEAN

Business and Human Rights in ASEAN

AICHR has recognised the nexus between business practices and human

rights.

Thematic Study on CSR and Human Rights was completed in 2014

Business can create opportunities that enhance the livelihood of the peoples,

workers and the communities, but their practices can cause negative impacts;

AICHR has engaged with national human rights institutions both in the

ASEAN region and at the international level such as the Australia National

Human Rights Commission;

AICHR Dialogue on Business and Human Rights will be taking place

annually

Focus on regional cooperation and ensuring that economic regional

project are based on human rights

Why doing Advocacy in

ASEAN/AICHR?

ASEAN Regionalism and Human Rights: Regional Space, Cooperation, Interaction,

Platform, Standards

Regional space for ASEAN’s member states to design and re-organise

their regional cooperation on their economic and political interests

while considering human rights.

Shaping and re-shaping the regional interactions among the states in addressing their concerns about human rights in relation to political

integration and unity in the region.

ASEAN has become an important regional platform where different

state responses to international human rights law have come about to

formulate the regional standards

Advocacy & Lobby

Basic Element in Advocacy

Advocacy

Coalitions

Problems & Solutions

Data

Audiences/Target

Messages

Presentation

Evaluation

Fundraising

Civil Society uses advocacy & lobby to

a) achieve widespread, sustainable change,

b) create a bigger positive impact,

c) strengthen civil society’s role

d) expand democratic space, etc.

Your lobby objective is determined by:

• what you want to change

• for whom

• who will make the change

• by how much and

• by when.

Target of AdvocacyPrimary audience (target of advocacy)

Secondary audience (The Influential)

Tertiary audience (The Influential of the influential)

Group 1: High

Interest, High

Influence

Group 2: High

Interest, Low

Influence

Group 3: Low

Interest, High

Influence

Group 4: Low

Interest, Low

Influence

Stakeholders Analysis

Advocacy versus Lobby

Common Advocacy

Common advocacy methods are

often used to enforce changes by

making demands.

Examples of common advocacy

campaigns:

petitions

press releases - press conferences

news paper articles, columns

media campaigns

lawsuits

demonstrations

Lobbying Lobbying is a specialized form of advocacy.

It is a strategic, planned and informal way of influencing decision-makers.

Characteristics are: open (two-way) communication, influencing by linking the interests of different stakeholders, creating win-win situations and investing in long-term relationships with decision-makers.

Examples of lobbying

personal letters

face-to-face meetings with decision-makers (such as MPs in Parliament)

informal contacts at receptions (e.g. at Ministry of Foreign Affairs)

petitions, working visits with decision-makers

personal exchanges over the telephone (e.g. with contacts at embassies)

drafting of joint strategies

• Confrontational attitude: “engagement” through pressure from the

outside (counter-summits, campaigns, norm change…) and disruptive

direct actions.

• Policy processes are perceived as “threats”.

• Pressures, voices and interests

OUTSIDE

• Cooperative attitude: active engagement in policy-making processes

through lobbying, advocacy and participation in multi-stakeholder

processes.

• Policy processes are seen as “potential gain”.

• Maintain engagement with the members of the intergovernmental

system

INSIDE

Repertories of action and strategies towards policy processesDimension of

engagement

INSIDE OUTSIDE

Layers of Engaging ASEAN/AICHR

Main Target: Sectoralbodies/Organs/ Nat Sec ASEAN/AICHR Rep

1st Layer: The Influential: CPR/HLTF/ASG/AICHR/ACWC/AIPR

2nd Layer: Summit/ASEAN Leaders

ASEAN Organization Chart

The ASEAN Summit and the Ministerial Bodies of ASEAN

ASCC

CouncilAEC

Council

APSC

Council

ACC

Sectoral

Ministerial

Body

Sectoral

Ministerial

Body

Sectoral

Ministerial

Body

CPR Senior

OfficialsSenior

Officials

Senior

Officials

CPR- Working

Group

Working

Group

Working

Group

Working

Group

ASEAN

Summit

TIPS for Successful Lobbying

PREPARE, PREPARE, PREPARE!

Be clear what you wantKnow the views of the people to be lobbiedWhat’s in it for them – why should they change their views

Develop your messages

Be simple and explicitWhat is the issueWhat do you want them to do about itUse examples that will engage their interest

Prepare a short brief – large type

Plan and rehearse

Consider the best time and place for a meeting.

Be sure you know the venue

Arrive on time; be prepared to leave before time

Dress appropriately

Be polite, acknowledge status

Give name cards

TIPS for Successful LobbyingUse negotiating techniques

Be conscious of your body language

Relax, keep your voice calm

Listen actively – don’t interrupt, demonstrate empathy

Ask questions

Keep to time – brief is best; don’t get distracted, stick to your plan

Build relationships: the messenger can be as important as the message

Consistency of personnel builds trust and transparency

Being a credible and reliable source of information makes people listen

Consider involving someone who is directly effected by the issue

Be friendly, use social skills

Keep in regular contact

Always finish a meeting by suggesting another one would be useful

Thanks!