The Association of Southeast Asian Nations (ASEAN) “Economic Community” just ran headlong into its December 2015 implementation deadline. This initiative, adopted by ASEAN leaders in 2007, seeks to transform the region into one with “free movement of goods, services, investment, skilled labour, and freer flow of capital.” But what does this really mean for the people of Southeast Asia and their human rights?
It is no secret that ASEAN countries have long lacked the capacity to provide legal protection and ensure the welfare of their citizens. The region has only average rankings on the UN Development Program’s “Human Development Index” and the World Justice Report’s “Rule of Law” index. When ASEAN leaders drafted their “blueprint” for the region, they did not consult civil society; it was a top-down process of political elites, and many stakeholders still have limited or uneven knowledge about the initiative. This is highly problematic, as the sheer number of low-cost workers and accompanying lack of regulations mean that labour rights are always an issue in the region. In addition, in many ASEAN countries, civil society workers and human rights activists have been threatened or killed, and their organizations disbanded. Most recently, for example, Sombath Somphone, a well-known activist in Laos, went missing. The United States, the European Union and the United Nations have expressed concern that Somphone is being held by Laos government authorities, which they deny.
The ASEAN drafters did not include human rights principles or issues in their blueprint, and as a result, many activists are calling for a delay in its implementation. The ASEAN drafters did not include human rights principles or issues in their blueprint, and as a result, many activists, including my own organization, are calling for a delay in its implementation. We are particularly concerned that the blueprint does not have a mechanism of protection and accountability for the potential negative impacts of market integration. Even if ASEAN calls on its members to establish their own protection mechanisms, the capacity and ideologies of ASEAN countries is extremely diverse.