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The ASEAN way of protecting environmental rights
Before economic benefits, ASEAN needs to come together and take the region by the helm in terms of biodiversity and climate leadership by engaging public participation.
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Demonstrators carry placards on Sept. 17, 2023 during a Global Climate Strike rally in Jakarta. (Reuters/WILLY KURNIAWAN)
T
he most cynical and disillusioned of readers might simply retort that an ASEAN declaration on environmental rights is just not worth the effort. After all, doesn’t the ASEAN Charter already contain plenty of nice words about democracy and human rights?
We all know very well that the charter is the most forgotten piece of paper in the whole of Southeast Asia, so it essentially does not count and yes, no one cares about it.
Still, as an idealistic person I do believe it is worth reminding ourselves that ASEAN’s founding fathers, willingly or unwillingly, consciously or unconsciously, inked some brave and bold words in the charter. So it remains paramount for us to engage in the discussions about the upcoming ASEAN Declaration on Environmental Rights to make the draft something close to international standards.
If you think about it, it is almost a miracle that ASEAN reached a decision three years ago to finally have a declaration on environmental rights. In this regard, some credit should go to one of the most undervalued and most discredited bodies in the organization: the ASEAN Intergovernmental Commission on Human Rights (AICHR).
Despite its lack of teeth, the commission is trying to push beyond its weight while navigating the complexities of the ASEAN constellation.
But we certainly want more out of the AICHR. Unsurprisingly the draft is not good, as it omits many key elements and it won’t have real legal power.
The AICHR must ensure that more civil society participation is guaranteed in the drafting process from now on. Plus, it has to work really hard to ensure that the highest standards of safeguards and protections for environmental rights defenders are included.
