BANGKOK, Thailand (3 October 2024) – The Asian Forum for Human Rights and Development (FORUM-ASIA) calls on ASEAN leaders to proactively fulfill its obligations to respect, protect, and promote human rights in Southeast Asia in compliance with international human rights standards.

As the ASEAN Summit is set to take place on 6-11 October 2024, ASEAN leaders must reflect on the region’s alarming record of human rights abuses and commit to addressing these violations.

Democratic backsliding, shrinking civic space

The fundamental freedoms of expression, peaceful assembly, and association continue to shrink alongside the rise of authoritarianism and militarism in Southeast Asia.

Following the February 2021 attempted coup, Myanmar’s civilian population has increasingly endured a long list of atrocities in the hands of the military junta. ASEAN has continuously failed to address this crisis.  In 2024, the military junta ordered forced conscription against its people to exact more control amidst growing resistance. Despite mounting evidence of  political prisoners being killed and subjected to torture, the military junta continues to carry out its crimes with impunity. The junta’s actions not only devastate the Myanmar people’s remaining freedoms but also further exacerbates the country’s dire human rights and humanitarian situation.

Indonesia’s general elections, held in February 2024, was enveloped by abuse of power and nepotism. Following the elections, the parliament fast-tracked discussions to approve problematic bills: the Broadcast Bill which would ban investigative journalism and portrayals of LGBTQIA+ lifestyles; the Police Bill which would expand police authority to control cyberspace; and the Military Bill which would restore the military’s dual function which was abolished after the fall of Soeharto. Parliament also attempted to pass the Regional Election Bill to allow President Joko Widodo’s youngest son to run despite not meeting qualifications. This incident  resulted in nationwide protests which were met with law enforcement’s excessive use of force. Such practices blatantly excluded civil society participation thus undermining Indonesia’s democratic reforms.

In August 2024, Thailand’s Constitutional Court dissolved the Move Forward Party–despite the fact that it won the most seats in the 2023 general elections–for its campaign to amend the lèse-majesté (royal defamation) law. The latter punishes anyone who allegedly “insults” the monarchy. The law has been used to curtail political participation. The Court’s decision is a great setback to Thailand’s pro-democratic movements, raising the alarm for those who are being persecuted for their activism. In 2024, a young activist tragically died while in custody after holding a hunger strike to demand justice system reforms.

Meanwhile in Cambodia, members of the Candlelight Party–the country’s biggest political opposition–are being subjected to judicial harassment. Human rights defenders and organizations–including FORUM-ASIA members ADHOC and LICHADO–are also being persecuted.

Deteriorating environmental rights 

The ASEAN Intergovernmental Commission for Human Rights has led in the development of the ASEAN Environmental Rights Declaration, solidifying ASEAN’s commitment to fulfilling the right to a safe, clean and sustainable environment. However, FORUM-ASIA has monitored the watering down of the Declaration, noting the removal of crucial elements relating to the recognition and protection of civil society participation as well as the rights of indigenous peoples and environmental rights defenders. The process of developing the said document also lacked transparency since inputs from civil society were apparently disregarded.

Human rights defenders–including indigenous peoples’ communities–continue to face criminalization and intimidation for peacefully resisting irresponsible development projects. For example, the Awyu and Moi communities in West Papua are being forcefully evicted from their indigenous lands to pave way for palm oil plantations. Meanwhile, 10 Cambodian environmental activists were convicted for campaigning against the destruction of their country’s natural resources. In August 2024 alone, over 70 activists were arrested ahead of a planned rally against the Cambodia-Laos-Vietnam Development Triangle Areas Agreement.

Alarming trend of transnational repressions

Since last year’s ASEAN summit, 385 activists and human rights defenders have been subjected to intimidation, harassment, arrests, and violence in retaliation for  calling out their respective governments’ human rights violations.

Under the Chairship of Laos, bearing the theme “enhancing connectivity and resilience,” ASEAN member states are increasingly cooperating to prosecute human rights defenders, representing the growing trend of transnational repression.

In February 2024, Cambodian activists Lem Sokha, Phan Phana, and Kung Raiya were arrested ahead of Cambodian Prime Minister Hun Manet’s official visit to Thailand. The arrests occurred despite their refugee status. At present, Vietnamese indigenous and religious rights defender Y Quynh Bdap–who was also granted refugee status in Thailand–is facing extradition.

Exclusion of minority rights

We commend Thailand’s marriage equality law,  the first of its kind in the entire region.

However, a lot of work is yet to be done. Throughout Southeast Asia, LGBTQIA+ rights remain unrecognized, leaving the community without proper legal protection, resulting in their continued exclusion and harassment.

Furthermore, discussions at the ASEAN-level have continuously excluded the recognition of human rights defenders, environmental rights defenders, and indigenous people.

Call to action 

“FORUM-ASIA calls on ASEAN leaders to formally recognize the urgent need to address the region’s alarming trend of human rights violations,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

As stated in Article 1.7 of the ASEAN Charter,  ASEAN should“strengthen democracy, enhance good governance, and the rule of law, and to promote and protect human rights and fundamental freedoms, with due regard to the rights and responsibilities of the Member States of ASEAN.” Likewise under Article 1.13, the ASEAN must “promote a people-oriented ASEAN in which all sectors of society are encouraged to participate in and benefit from, the process of ASEAN integration and community building.”

“To fulfill its purpose, ASEAN must foster regional consensus in addressing human rights violations and in strengthening its commitment to preventing future violations,” Bacalso stressed. FORUM-ASIA urges ASEAN to repeal repressive laws, cease the targeting of human rights defenders, and recognize and protect the rights of minorities including indigenous and LGBTQIA+ communities.

As stated in its 2025 Community Vision, ASEAN must realize an “inclusive and responsive community that ensures our peoples enjoy human rights and fundamental freedoms as well as thrive in a just, democratic, harmonious and gender-sensitive environment in accordance with the principles of democracy, good governance and the rule of law.” However, ASEAN and its leaders have evidently failed to achieve this vision. ASEAN must therefore incorporate the highest standard of human rights protection in the development of its 2045 Community Vision.

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About FORUM-ASIA:

The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org

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• Communication and Media Programme, FORUM-ASIA, [email protected]